Terms and conditions of carriage
Multimodal transport bill of lading
1.Definitions
2.Carrier's Tariff
3.Warranty
4.Subcontracting 小牛犊
5.Carrier's Responsibility: Port-to-Port Shipment
6.Carrier's Responsibility - Multimodal Transport
7.Compensation and Liability Provisions
8.General
9.Notice of Loss, Time Bar
10.Defences and Limits for the Carrier
11.Shipper-packed Containers
12.Perishable Cargo
13.Inspection of Goods
14.Description of Goods
15.Merchant's Responsibility
16.Freight, Expens and Fees纸箱手工
儿童歌曲《春天》17.Lien
18.Optional Stowage, Deck Cargo and Livestock
19.Methods and Routes of Carriage
20.Matters Affecting Performance
21.Dangerous Goods
22.Notification and Delivery
23.Both-to-Blame Collision Clau
24.General Average and Salvage
25.Variation of the Contract 五子棋禁手规则
26.Law and Jurisdiction
1. Definitions
“Carriage” means the whole or any part of the carriage, loading, unloading, storing, warehousing, handling and any and all other rvices whatsoever undertaken by the Carrier in relation to the Goods.
“Carrier” means A.P. Møller – Mærsk A/S trading as Maersk Line of 50 Esplanaden, DK-1098, Copenhagen K, Denmark.
“Container” includes any container (including an open top container), flat rack, platform, trailer, transportable tank, pallet or any other similar article ud to consolidate the Goods and any connected equipment.
"Freight” includes all charges payable to the Carrier in accordance with the applicable Tariff and this bill of lading.
“Goods” means the whole or any part of the cargo and any packaging accepted from the Shipper and includes any Container not supplied by or on behalf of the Carrier.
“Hague Rules” means the provisions of the International Convention for the Unification of Certain Rules relating to Bills of Lading signed at Brusls on 25th August 1924 and includes the amendments by the Protocol signed at Brusls on 23rd February 1968, but only if such amendments are compulsorily applicable to this bill of lading. (It is expressly provided that nothing in this bill of lading shall be construed as contractually applying the said Rules as amended by said Protocol).
“Holder” means any Person for the time being in posssion of this bill of lading to or in whom rights of suit and/or liability under this bill of lading have been transferred or vested.
“Maersk Line” is the trade name of the Carrier.
“Merchant” includes the Shipper, Holder, Consignee, Receiver of the Goods, any Person owning or entitled to the posssion of the Goods or of this bill of lading and anyone acting on behalf of such Person, or any principal of such Person.
“Multimodal Transport” aris if the Place of Receipt and/or the Place of Delivery are indicated on the rever hereof in the relevant spaces.
“Ocean Transport” means the same as Port-to Port Shipment.
“Package” where a Container is loaded with more than one package or unit, the packages or other shipping units enumerated on the rever hereof as packed in such Container and entered in the box on the rever hereof entitled “Carrier’s “Receipt” are each deemed a Package.
“Person” includes an individual, corporation, or other legal entity.
“Port-to-Port Shipment” aris when the Carriage is not Multimodal. 卡通狐狸
“Subcontractor” includes owners, charterers and operators of vesls (other than the C
arrier), stevedores, terminal and groupage operators, road and rail transport operators, warehoumen and any independent contractors employed by the Carrier performing the Carriage and any direct or indirect Subcontractors, rvants and agents thereof whether in direct contractual privity or not.
“Terms and Conditions” means all terms, rights, defences, provisions, conditions, exceptions, limitations and liberties hereof.
“US COGSA” means the US Carriage of Goods by Sea Act 1936.
“Vesl” means any water borne craft ud in the Carriage under this Bill of Lading which may be a feeder vesl or an ocean vesl.
2.Carrier's Tariff
The terms and conditions of the Carrier’s applicable Tariff are incorporated herein. Attention is drawn to the terms therein relating to free storage time and to container and vehicle demurrage or detention. Copies of the relevant provisions of the applicable Tariff are obtainable from the Carrier upon request. In the ca of inconsistency between this bi
ll of lading and the applicable Tariff, this bill of lading shall prevail.
3. Warranty
The Merchant warrants that in agreeing to the Terms and Conditions hereof he is, or has the authority to contract on behalf of, the Person owning or entitled to posssion of the Goods and this bill of lading.
4. Subcontracting
4.1 The Carrier shall be entitled to sub-contract on any terms whatsoever the whole or any part of the Carriage.
4.2 The Merchant undertakes that no claim or allegation whether arising in contract, bailment, tort or otherwi shall be made against any rvant, agent, or Subcontractor of the Carrier which impos or attempts to impo upon any of them or any vesl owned or chartered by any of them any liability whatsoever in connection with the Goods or the
Carriage of the Goods whether or not arising out of negligence on the part of such Person, and, if any such claim or allegation should nevertheless be made, to indemnify the Carrier against all conquences thereof. Without prejudice to the foregoing every such rvant, agent, and Subcontractor shall have the benefit of all Terms and Conditions of whatsoever nature herein contained or otherwi benefiting the Carrier including clau 26 hereof, the law and jurisdiction clau, as if such Terms and Conditions (including clau 26 hereof) were expressly for their benefit and, in entering into this contract, the Carrier, to the extent of such Terms and Conditions, does so on its own behalf, and also as agent and trustee for such rvants, agents and Subcontractors.
4.3 The provisions of the cond ntence of clau 4.2 including but not limited to the undertaking of the Merchant contained therein, shall extend to all claims or allegations of whatsoever nature against other Persons chartering space on the carrying vesl.
4.4 The Merchant further undertakes that no claim or allegation in respect of the Goods s
hall be made against the Carrier by any Person other than in accordance with the Terms and Conditions of this bill of lading which impos or attempts to impo upon the Carrier any liability whatsoever in connection with the Goods or the Carriage of the Goods, whether or not arising out of negligence on the part of the Carrier, and if any such claim or allegation should nevertheless be made, to indemnify the Carrier against all conquences thereof.
5. Carrier's Responsibility: Port-to-Port Shipment
5.1 Where the Carriage is Port-to-Port, then the liability (if any) of the Carrier for loss of or damage to the Goods occurring between the time of loading at the Port of Loading and the time of discharge at the Port of Discharge shall be determined in accordance with any national law making the Hague Rules compulsorily applicable to this bill of lading (which will be US COGSA for shipments to or from the United States of America) or in any other ca in accordance with the Hague Rules Articles 1-8 inclusive only.
5.2 The Carrier shall have no liability whatsoever for any loss or damage to the Goods while in its actual or constructive posssion before loading or after discharge, howsoever caud. Notwithstanding the above, in ca and to the extent that any applicable compulsory law provides to the contrary, the Carrier shall have the benefit of every right, defence, limitation and liberty in the Hague Rules as applied by clau 5.1 during such additional compulsory period of responsibility, notwithstanding that the loss or damage did not occur at a.
5.3 Where US COGSA applies then the provisions stated in the said Act shall govern before loading on the vesl or after discharge therefrom, as the ca may be, during Carriage to or from a container yard or container freight station in or immediately adjacent to the a terminal at the Port of Loading and/or Discharge. If the Carrier is requested by the Merchant to procure Carriage by an inland carrier in the United States of America and the inland carrier in his discretion agrees to do so, such carriage shall be procured by the Carrier as agent only to the Merchant and such carriage shall be subject to the inland car
rier’s contract and tariff. If for any reason the Carrier is denied the right to act as agent at the times, his liability for loss damage or delay to the Goods shall be determined in accordance with clau 6 hereof.
5.4 In the event that the Merchant requests the Carrier to deliver the Goods:
(a) at a port other than the Port of Discharge; or
(b) (save in the United States of America) at a place of delivery instead of the Port of Discharge, and the Carrier in its absolute discretion agrees to such request, such further Carriage will be undertaken on the basis that the Terms and Conditions of this bill of lading are to apply to such Carriage as if the ultimate destination agreed with the Merchant had been entered on the rever side of this bill of lading as the Port of Discharge or Place of Delivery.
6. Carrier's Responsibility - Multimodal Transport
Where the Carriage is Multimodal Transport, the Carrier undertakes to perform and/or in his own name to procure performance of the Carriage from the Place of Receipt or the Port of Loading, whichever is applicable, to the Port of Discharge or the Place of Delivery, whichever is applicable, and, save as is otherwi provided for in this bill of lading, the Carrier shall be liable for loss or damage occurring during the Carriage only to the extent t out below:
6.1烤肉怎么烤 Where the stage of Carriage where loss or damage occurred is not known.
(a) Exclusions
The Carrier shall be relieved of liability for any loss or damage where such loss or damage was caud by:
(i) an act or omission of the Merchant or Person acting on behalf of the Merchant other than the Carrier, his rvant, agent or Subcontractor,
(ii) compliance with instructions of any Person entitled to give them.
(iii) insufficient or defective condition of packing or marks,
(iv) handling, loading, stowage or unloading of the Goods by the Merchant or any Person acting on his behalf,
(v) inherent vice of the Goods,
(vi) strike, lock out, stoppage or restraint of labour, from whatever cau, whether partial or general,
清廉家风故事(vii) a nuclear incident,
(viii) any cau or event which the Carrier could not avoid and the conquences whereof he could not prevent by the exerci of reasonable diligence.
(b) Burden of Proof
The burden of proof that the loss or damage was due to one or more of the caus or events specified in this clau 6.1 shall rest upon the Carrier. Save that if the Carrier establishes that, in the circumstances of the ca, the loss or damage could be attributed to one or more of the caus or events specified in clau 6.1(a)(iii), (iv) or (v), it shall be presumed that it was so caud. The Merchant shall, however, be entitled to prove that th
e loss or damage was not, in fact, caud either wholly or partly by one or more of the caus or events.
(c) Limitation of Liability
Except as provided in claus 7.2(a), (b) or 7.3, if clau 6.1 operates, total compensation shall under no circumstances whatsoever and howsoever arising exceed USD 500 per package where Carriage includes Carriage to, from or through a port in the United States of America and in all other cas 2 SDR per kilo of the gross weight of the Goods lost or damaged.
6.2 Where the stage of Carriage where the loss or damage occurred is known. Notwithstanding anything provided for in clau 6.1 and subject to clau 18, the liability of the Carrier in respect of such loss or damage shall be determined:
(a) by the provisions contained in any international convention or national law which provisions:
(i) cannot be departed from by private contract to the detriment of the Merchant, and
(ii) would have applied if the Merchant had made a parate and direct contract with the Carrier in respect of the particular stage of the Carriage during which the loss or damage occurred and received as evidence thereof any particular document which must be issued if such international convention or national law shall apply; or
(b) in ca of shipments to or from the United States of America by the provisions of US COGSA if the loss or damage is known to have occurred during Carriage by a to or from the USA or during Carriage to or from a container yard or container freight station in or immediately adjacent to the a terminal at the Port of Loading or of Discharge in ports of the USA; or
(c) by the Hague Rules Articles 1-8 only inclusive where the provisions of claus 6.2(a) or (b) do not apply if the loss or damage is known to have occurred during Carriage by a; or
(d) if the loss or damage is known to have occurred during Carriage inland in the USA, in accordance with the contract of carriage or tariffs of any inland carrier in who custody the loss or damage occurred or, in the abnce of such contract or tariff by the provisions
of Clau 6.1, and in either ca the law of the State of New York will apply; or
(e) where the provisions of clau 6.2(a), (b), (c) and/or (d) above do not apply, in accordance with the contract of carriage or tariffs of any inland carrier in who custody the loss or damage occurred or in the abnce of such contract or tariff by the provisions of clau 6.1.For the purpos of clau 6.2 references in the Hague Rules to carriage by a shall be deemed to include references to all waterborne Carriage and the Hague Rules shall be construed accordingly.
6.3 If the Place of Receipt or Place of Delivery is not named on the rever hereof the Carrier shall be under no liability whatsoever for loss or damage to the Goods howsoever occurring:
(a) if the Place of Receipt is not named on the rever hereof and such loss or damage aris prior to loading on to the vesl; or
(b) if the Place of Delivery is not named on the rever hereof, if such loss or damage aris subquent to discharge from the vesl, save that where US COGSA applies the
n the provisions stated in said Act shall govern before loading on to and after discharge from any vesl and during Carriage to or from a container yard or container freight station in or immediately adjacent to the a terminal at the Port of Loading and/or Discharge.
6.4 Amendment of Place of Delivery
In the event that the Merchant requests, and the Carrier agrees to amend the Place of Delivery, such amended Carriage will be undertaken on the basis that the Terms and Conditions of this bill of lading are to apply until the goods are delivered to the Merchant at such amended Place of Delivery.
7. Compensation and Liability Provisions
7.1 Subject always to the Carrier’s right to limit liability as provided for herein, if the Carrier is liable for compensation in respect of loss of or damage to the Goods, such compensation shall be calculated by reference to the invoice value of the Goods plus Frei
ght and insurance if paid. If there is no invoice value of the Goods or if any such invoice is not bona fide, such compensation shall be calculated by reference to the value of such Goods at the place and time they are delivered or should have been delivered to the Merchant. The value of the Goods shall be fixed according to the current market price, by reference to the normal value of goods of the same kind and/or quality.
7.2 Save as is provided in clau 7.3:
(a) Where the Hague Rules apply hereunder by national law by virtue of clau 5.1 or clau 6.2(a) the Carrier’s liability shall in no event exceed the amounts provided in the applicable national law. If the Hague Rules Article 1-8 only apply pursuant to claus 5.1 or 6(c) the Carrier’s maximum liability shall in no event exceed GBP 100 per Package or unit.
(b) Where Carriage includes Carriage to, from or through a port in the United States of America and US COGSA applies by virtue of claus 5.1 or 6.2(b) neither the Carrier nor the Vesl shall in any event be or become liable in an amount exceeding US$500 per P
ackage or customary freight unit.
(c) In all other cas compensation shall not exceed the limitation of liability of 2 SDR per kilo as provided in clau 6.1(c).
7.3 The Merchant agrees and acknowledges that the Carrier has no knowledge of the value of the Goods and higher compensation than that provided for in this bill of lading may be claimed only when, with the connt of the Carrier, the value of the Goods declared by the Shipper upon delivery to the Carrier has been stated in the box marked “Declared Value” on the rever of this bill of lading and extra freight paid. In that ca, the amount of the declared value shall be substituted for the limits laid down in this bill of lading. Any partial loss or damage shall be adjusted pro rata on the basis of such declared value.
