Last updated: Last updated: July 24,2024
In this Bill of Lading, certain terms and phrases are defined as follows:
(a) “GLE” means Great Lakes East LLC, a Delaware corporation.
(b) “Carrier” shall include GLE, the Vessel as defined herein and any time charterer or person to the extent bound by this Bill of Lading.
(c) “Carriage by water” and “Vessel” shall include the vessel named in this Bill of Lading, its towing tug or tugs, any substitute vessels, any ocean going vessel, and any watercraft, lighter, feeder ship, towboat or other vessel used in the performance of the Bill of Lading.
(d) “Merchant” shall include the shipper, the consignee, the owner of the goods, the receiver of the goods, the holder of this Bill of Lading any person entitled to possession of the goods or this Bill of Lading, the person for whose account the goods are shipped and anyone acting on behalf of such persons.
(e) “Goods” mean the cargo accepted from the Merchant and include the containers and/or rolling equipment not supplied by or on behalf of Carrier.
(f) “Person” shall include an individual, corporation, partnership and any other entity.
(g) “Charges” shall include freight and all general average, salvage, special charges, expenses, amounts and money obligations whatsoever payable by or chargeable to or for account of the goods or Merchant regardless of whether sustained, incurred or paid by Carrier in the first instance.
(h) “Package” includes the container when goods are shipped in a container, the skid or pallet when goods are shipped on a skid or pallet and stuffed in a container and the container is adjudged not to be the package for purposes of the Carriers limitation of liability, skids or pallets when goods are shipped on a skid or pallet but not in a container, vans, piece, shipping unit, machine or article of any description, whether or not enclosed or boxed in whole or in part, trailers, pallets, aircraft, flat racks, trucks, automobiles, shipping units, pieces, machines, articles, animals, pieces, transportable tanks, or other items of transportation equipment, and all articles of any description, except goods shipped in bulk. Governmental documents such as Shipper’s Export Declarations shall not be considered as an expression of intent of the parties’ definition of package as herein defined.
(i) “Customary freight unit” shall mean each physical unit or piece of cargo not shipped in a package, including the articles or things of any description whatsoever, except goods shipped in bulk, and irrespective of the weight or measurement unit employed in calculating freight charges.
(j) “Through Bill of Lading” shall refer to this contract of carriage when it covers the carriage of the goods from the place of receipt from the Merchant to the place of delivery to the Merchant by the Carrier plus one or more underlying carriers.
(k) “Through transportation” means carriage of the goods under this Bill of Lading from place of receipt from Merchant to place of delivery to Merchant by the Carrier plus one or more underlying carriers.
(l) “Underlying carrier” shall include any water, rail, motor, air or other carrier utilized by the Carrier for any part of the transportation of the shipment covered by this Bill of Lading.
(m) “On board” shall mean on board any mode of transportation used or procured by the Carrier, including water, rail,motor and air transport.
(n) “Sub-contractor” shall include the Vessel’s owners and operators and any of their employees, agents, contractors or sub-contractors, and any substituted or underlying carrier, whether any of them is acting as carrier or bailee, inland carriers, road, rail and air transport operators, any independent contractor directly or indirectly employed by the Carrier in performance of the Carriage, their respective agents or servants, and anyone assisting in the
performance of the Carriage).
(o) “Custody” means when the goods are on board the ship or rail car, or in any area prior to loading or after discharging there from, whether at dockside, rail terminal or facility or elsewhere or wheresoever situates, or while in transit to or from terminals, yards or receiving or dispersal areas owned or leased by Carrier, provided Carrier has accepted custody of the goods by its agents, servants or independent contractors having issued a document incorporating the terms and conditions of this Bill of Lading contract which acknowledges receipt of such goods and Carrier has not made delivery of such goods as provided herein.
(p) “Pier-to-Pier” shall mean the Merchant does not receive delivery of the goods until the goods are removed from the Carrier’s containers and placed in or on an overland truck.
(q) “House-to-House” shall mean the Merchant has requested delivery of the goods immediately upon discharge from the vessel and no further handling by the Carrier is required as the goods will be picked up directly by the Merchant or its overland trucker.
The contract evidenced by this Bill of Lading is between the Merchant and GLE and the Vessel. It is further understood and agreed that as the person who has executed this Bill of Lading for and on behalf of the Master is not a principal in the transaction, said person shall not be under any liability arising out of the contract of carriage, nor as carrier nor bailee of the goods.
(a) If the carriage covered by this Bill of Lading includes carriage to or from a port or place in the United States of America or its territories and possessions, this Bill of Lading shall be subject to the Carriage of Goods by Sea Act of the United States (46 U.S.C. § 30701, et. seq.) (hereinafter “COGSA”), the terms of which are incorporated herein and the provisions of said Act shall govern before loading and after discharge and throughout the entire
Carriage set forth in this Bill of Lading. The Carrier shall be entitled to the benefits of the defenses and limitations of liability in COGSA, whether the loss or damage to the goods occurs at sea or not. Nothing herein contained shall be deemed to be surrendered by the Carrier of any of its rights or immunities or as an increase of any of its responsibilities or liabilities under COGSA. The provisions of COGSA (except as otherwise specifically provided
herein) shall govern before the shipment is loaded on and after it is discharged from the Vessel and while the shipment is in the custody and possession of the Carrier. The Carrier shall not be liable in any capacity whatsoever for any delay, non-delivery, or misdelivery, or loss of or damage to the goods howsoever caused, occurring while the goods are not in the actual physical custody of the Carrier.
(b) Shipments by tug and barge – If this contract is performed by tug and barge and neither GLE nor the barge named herein (or substitute) shall be responsible for loss or damage arising or resulting from any act, neglect or default of the Master, Mariner, Pilot or the servants of the tug operator in the management, or navigation of the tug or barge. The tug, her owner and operator, shall have all the rights, exemptions from, or limitations of liability,
defenses and immunities afforded under this Bill of Lading to the Carrier.
(c) Fire Statute limitation – Carrier shall also have the benefit of Sections 30501-30502 and 30521-30530, inclusive, of Title 46, U.S. Code, including Section 30522, the United States Fire Statute, the same as if it were the owner of the ship or other water craft used to transport the goods. The Carrier shall have the benefit of all other statutes of the United States which may be applicable and which grant to the Carrier exemption from or limitation of liability. The Carrier shall not be liable for any loss or damage wheresoever or whatsoever occurring by reason of any fire whatsoever, including that occurring before loading on or after discharge from the Vessel or while the goods are in the custody of an underlying carrier, unless such fire shall have been caused by the design or neglect of Carrier. In any situation where such exemption from liability may not be permitted by law, the Carrier shall not be liable for any such loss or damage by fire unless caused by Carrier’s design or neglect, including that imputed by law, for which Carrier is liable.
(d) If the carriage covered by this Bill of Lading does not include carriage to or from a port or place in the United States of America or its territories and possessions, this Bill of Lading shall be subject to COGSA, the terms of which are incorporated herein and the provisions of said Act shall govern before loading and after discharge and throughout the entire Carriage set forth in this Bill of Lading. The Carrier shall be entitled to the benefits of the
defenses and limitations of liability in COGSA, whether the loss or damage to the goods occurs at sea or not. Nothing herein contained shall be deemed to be surrendered by the Carrier of any of its rights or immunities or as an increase of any of its responsibilities or liabilities under COGSA. The provisions of COGSA (except as otherwise specifically provided herein) shall govern before the shipment is loaded on and after it is discharged from the Vessel and while the shipment is in the custody and possession of the Carrier. The Carrier shall not be liable in any capacity whatsoever for any delay, non-delivery, or misdelivery, or loss of or damage to the goods howsoever caused, occurring while the goods are not in the actual custody of the Carrier. In the event COGSA is held inapplicable to carriage covered by this Bill of Lading not to or from a port or place in the United States of America or its territories and possessions, and the Hague Rules contained in the International Convention for the Unification of Certain Rules Relating to Bills of Lading dated 25 August 1924 as amended by the Protocol signed at Brussels on 23 February 1968 (Hague-Visby Rules), or to any legislation making such Rules, whether amended by the above Brussels Protocol or not, are compulsorily applicable to this Bill of Lading, then the Hague-Visby Rules shall apply and the provisions of COGSA shall govern before such shipment is loaded on and after it is discharged from the Vessel.
(e) 1. With respect to inland transportation of the goods and where COGSA is held inapplicable, via its own force or contract, then Carrier’s liability shall be governed by and subject to the terms and conditions of the land based or inland carrier’s Bill of Lading and/or the ICC Uniform Bill of Lading together with the land based or inland carrier’s tariff which shall be incorporated herein as if set forth at length.
2. With respect to inland transportation of the goods other than as provided in sub-clause E.1 supra, then Carrier’s liability will be determined according to the provisions of any international convention or national law which is compulsorily applicable in the country where the inland transportation took place or, if no such law or convention is applicable, then according to the underlying carrier’s contracts of carriage and/or tariff if any. In any event, the liability of the Carrier shall under no circumstance whatsoever be greater than that of the underlying carrier under said underlying carrier’s contract of carriage, and the Carrier shall be entitled to all the rights, defenses, limitations and exemptions from liability contained therein.
Nothing in this Bill of Lading shall operate to limit or deprive Carrier of any statutory protection or exemption from, limitation of or liability contained in the laws of the United States, or in the laws of any other country which may be applicable. Any and all actions or disputes arising under this Bill of Lading, or in connection with or concerning custody or carriage under this Bill of Lading, whether based on breach of contract, tort or otherwise, shall exclusively be brought and determined in courts located in Jacksonville, Florida to the exclusion of courts of any other place or forum.
The Merchant warrants that in agreeing to the terms hereof, the Merchant is, or has the authority of, the person owning or entitled to the possession of the goods and to the Bill of Lading.
All exceptions, exemptions, defenses, immunities, limitations of liability, privileges and conditions granted or provided by this Bill of Lading, applicable tariff, or by COGSA or by any applicable statute for the benefit of the Vessel or Carrier shall also apply to and for the benefit of the master, officers and crew of the Vessel and to and for the benefit of all corporations parent of, subsidiary to, affiliated with or under the same management as Carrier, as well as all directors, officers, employees and agents of said corporations, and to and for the benefit of all parties performing services for or on behalf
of the Vessel or Carrier as employees, servants, agents or contractors of Carrier (including without limitation, stevedores, vessel boarding agents, warehousemen, and terminal operators) and the directors, officers, employees, servants, agents and subcontractors of such parties.
GLE does not undertake that the goods shall arrive at the port of discharge or place of delivery at any particular time or to meet any particular market or use and GLE does not accept responsibility for any direct or indirect loss or damage sustained by the Merchant through delay, unless GLE is liable for consequences of delay under any laws, statutes, agreements or conventions of a mandatory nature.
(a) The Carrier shall be entitled to subcontract on any terms the whole or any part of the carriage, loading, unloading, storing, warehousing, handling and any and all duties whatsoever undertaken by the Carrier in relation to the goods.
(b) The expression “subcontractor” in this Clause shall include direct and indirect subcontractors and their respective servants and agents.
The Carrier shall be entitled to sub-contract the Carriage on any terms whatsoever.
No insurer, servant or agent of the Carrier (including every independent contractor and subcontractor such as stevedores, carpenters, watchmen, owners and operators of vessels, space providers of vessels other than the Carrier, ocean carriers, inland carriers, road, rail and air transport operators, any independent contractor directly or indirectly employed by the Carrier in performance of the Carriage, their respective agents or servants, and anyone assisting in the performance of the Carriage and others from time to time employed by the Carrier) shall in any circumstances whatsoever be under any liability whatsoever to the Merchant for any loss, damage or delay arising or resulting directly or indirectly from any act, neglect or default on his part while acting in the course of or in connection with his employment and, but
without prejudice to the generality of the foregoing provisions in this Clause, every exemption, limitation, condition and liberty herein contained and every right, exemption from liability, defense and immunity of whatsoever nature applicable to or benefiting the Carrier or to which the Carrier is entitled hereunder shall also be available and shall extend to protect every such servant or agent of the Carrier acting as aforesaid and for the purpose of all of the foregoing provisions of this Clause, the Carrier is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of all persons
who are or might be his servants or agents from time to time (including independent contractors as aforesaid) and all such persons shall to this extent be or be deemed to be parties to the contract evidenced by this Bill of Lading.
The Carrier shall be entitled to be paid by the Merchant on demand any sum recovered or recoverable by the Merchant or any other from such servant or agent of the Carrier for any such loss, damage, or delay or otherwise. While each of the persons referred to above are intended beneficiaries as described above, nothing herein contained shall be construed to limit or to relieve such persons from liability to the Carrier for acts arising or resulting from their fault or neglect.
The Carrier shall not be liable in any event for any loss, damage, misdelivery or delay with respect to the goods in an amount exceeding $500 lawful money of the United States per package, or in the case of goods not shipped in packages, $500 lawful money of the United States per customary freight unit, unless the nature and value of the goods have been declared by the Merchant before shipment and inserted on the face of this Bill of Lading and extra freight charges paid prior to the vessel sailing from the port of loading. In the case where the nature and value of the goods have been declared by the Merchant before shipment and inserted on the face of this Bill of Lading and extra freight charges paid, if the actual value of the goods per package or per freight unit shall exceed such declared value, the value shall nevertheless be deemed to be the declared value and the Carrier’s liability, if any, shall not exceed the declared value and any partial loss of damage shall be adjusted pro rata on the basis of such declared value.
If no limitation amount is applicable under COGSA, in the event of any loss or damage to goods, neither the Carrier nor the ship shall in any event be or become liable for any loss or damage to or in connection with the transportation of goods in an amount greater than $500 per package lawful money of the United States, or in case of goods not shipped in packages, $500 per customary freight unit lawful money of the United States.
Carrier shall in no event be responsible for indirect or consequential damages, including without limitation extra expense, loss of profits, loss of use of property, damages consequential upon loss of use, whether resulting from negligence, breach of this contract or otherwise by Carrier, and even if the possibility of such damage was foreseeable by Carrier, or Merchant had advised Carrier of the possibility of such damages. Carrier shall have the option of replacing any lost goods and replacing or reconditioning any damaged goods. No oral declaration or agreement shall be evidence of a value different from that provided herein.
Unless notice of loss or damage and the general nature of such loss or damage is given in writing to Carrier or its agents before or at time of delivery of the containers or the goods to Merchant, such delivery shall be prima facie evidence of the receipt by Merchant of the goods as described in this Bill of Lading. If the loss or damage is not apparent, then notice must be given within three (3) consecutive days after delivery. In any event, except as provided in the next sentence, the Carrier shall be discharged from any liability unless suit is brought within one (1) year after delivery of the goods or the date the goods should have been delivered. When the damage occurs in the custody of the underlying carrier during through transportation, the Carrier and the underlying carrier shall be discharged from all liability unless notice of claim is given in writing to Carrier and suit is brought within the time periods prescribed by the applicable local law(s) referenced in Clause 3.E.1-3 of this Bill of Lading. Suit shall not be deemed brought against Carrier of Vessel unless jurisdiction shall have been obtained over Carrier or Vessel, or both, by service of process on Carrier, or a written agreement by Carrier to appear.
The defense and limits and liability provided for in this Bill of Lading shall apply in any action against the Carrier for loss or damage to the goods whether the action is founded in contract or in tort.
The Merchant shall be liable for any loss, damage, or injury caused by faulty packing of goods within containers, vans, and trailers and flats or other transportation equipment when such packing has been performed by the Merchant or on behalf of the Merchant.
If a container, van, trailer, or other transportation equipment transported under this Bill of Lading has not been filled, packed, stuffed or loaded by the Carrier, the Merchant shall indemnify the Carrier against any loss, damage, liability or expense incurred by the Carrier, if such loss, damage, liability or expense has been caused by: (a) the manner in which the particular equipment has been filled, packed, stuffed or loaded; or (b) the unsuitability of the contents for carriage in the equipment; or (c) the unsuitability or defective condition of the equipment arising without any want of due diligence by the Carrier in connection with the Carrier’s responsibilities under this Bill of Lading; or (d) the unsuitability or defective condition of the equipment which would have been apparent upon reasonable inspection by the Merchant at or prior to the time when the equipment if filled, packed, stuffed or loaded; or (e) the discovery of any drugs, narcotics or other illegal substances within equipment packed by the Merchant or inside goods supplied by the Merchant, and shall indemnify the Carrier in respect thereof.
Where containers, vans, trailers, or other transportation equipment are stuffed and sealed by the Merchant prior to delivery to and receipt by the Carrier, all statements on this Bill of Lading relating to the contents of such equipment, including marks and numbers, kind of packages, description, quantity, quality, weight, measure, nature, kind, value or any other particulars are furnished by the Merchant and have not been checked by the Carrier. The Carrier does not have facilities to weigh sealed containers and/or other transportation equipment at the loading port and has neither inspected the contents of nor weighed the containers and/or other transportation equipment. With respect to containers, and/or any other transportation equipment, any reference in this Bill of Lading to Shipped on Board or Clean on Board relates solely to the containers and/or other transportation equipment and not to the contents thereof. This Bill of Lading shall be subject to § 80113 of the U.S. Federal Bills of Lading Act (49 USC § 80101, et. seq.) (“the Pomerene Act”) and it is agreed that the Carrier is entitled to the Pomerene Act’s full protection for the entire period the goods are in the custody of the Carrier including pre-loading and post-discharge periods.
The Carrier shall be entitled, but is under no obligation, to open any container or other transportation equipment at any time and to inspect the contents if it thereupon appears that the contents of any part thereof cannot safely or properly be carried further, either at all or without incurring any additional expense or taking any measure in relation to the container or its contents or any part thereof, the Carrier may abandon the transportation thereof and/or take any measures and/or incur any reasonable additional expense to carry or to continue the carriage or to store the same ashore or afloat under cover or in the open, at any place, which storage shall be deemed to constitute due delivery under this Bill of Lading. The Merchant shall indemnify the Carrier against any reasonable additional expense so incurred.
The goods may be carried any route whatsoever, whether or not the nearest or most direct or advertised or customary route, via any ports or places whatsoever once or more often and in any order whatsoever and for whatsoever purpose visited, together with other goods of every kind, dangerous or otherwise, whether stowed on or under deck.
The Carrier has the right, but not the obligation, to carry the goods by any substitute vessel, or by any means of transport, whether by water, land or air, to complete delivery of the goods, and may discharge the goods at any place for trans-shipment, trans-ship, land or stored the goods either on shore or afloat and reship or forward the same all at Merchant’s risk.
Vessels may sail with or without pilots, undergo repairs, and crew maintenance, adjust equipment, dry dock, tow vessels or be towed, and assist vessels in all situations. Anything done in accordance with the provisions of this Clause or any delay arising there from shall be deemed to be within the contractual carriage and shall not be a deviation.
Without prejudice to the generality of the foregoing, the Vessel shall have liberty as part of the contract voyage and at any stage thereof to proceed to any port or ports whatsoever whether such ports are on or off the direct and/or customary route or routes to the ports of loading or discharge and there take all bunkers in any quantity to the discretion of the owners even to the full capacity of fuel tanks, deep tanks, and any other compartment in which oil can be carried whether such amount is or is not required for the voyage.
The Carrier will stow all goods accepted herein above and/or below deck or in any other space on the vessel.Transportation hereunder may be accomplished by the use of an unmanned barge without mode of power of its own tobe towed by towing vessel. In the case of transportation via barge, all goods accepted hereunder shall be carried withoutnotice to Merchant on deck of the said barge (said deck being covered by a deck house), any custom or practice of thetrade to the contrary notwithstanding, unless otherwise requested in writing and extra charges, if any, paid in advance.
All goods transported, even those transported on deck or on deck of any barge, shall participate in GeneralAverage. All risk of loss or damage by perils inherent in or incident to such carriage shall be borne by Merchant, but inall other respects, the custody and carriage of such goods shall be governed by the terms of this Bill of Lading and byCOGSA.
Any statements on this Bill of Lading relating to marks and number and kind of packages, description, quality, quantity, weight, measure, nature, kind, value or other particulars of the contents of the goods, including containers, vans, trailers, etc. are as furnished by the Merchant and are unknown to the Carrier and the Carrier accepts no liability in respect thereof. The acknowledgment of the Carrier is confined to the number and apparent external order and condition of the goods, including any containers, vans and trailers.
Carrier shall have no responsibility or liability whatsoever for the packing, loading, security and/or stowage of contents of such cargo units or for loss or damage caused thereby or resulting therefrom, or for the physical suitability or structural adequacy of such cargo units properly to contain their contents. Merchant, by packing or loading the cargo unit and/or by allowing the cargo unit to be so packed or loaded, represents and warrants (a) that the contents are properly described, marked, secured and packed in their respective cargo units, that such cargo units are physically suitable, sound and structurally adequate properly to contain and support the goods during handling and on the voyage and that the cargo units may be handled in the ordinary course without damage to themselves or to their contents, or to the Vessel or her other cargo, or property, or persons and (b) that all particulars with regard to the cargo units and their contents and the weight of each cargo unit are in all respects correct and (c) that Merchant has ascertained and disclosed in writing to the Carrier on or prior to shipment any condition, ingredient or characteristic of the goods which might indicate that they are of flammable, explosive, corrosive, radioactive, noxious, hazardous or dangerous nature, or which might cause damage, injury or detriment to the goods or to the Vessel or other cargo or property of persons, and (d) that Merchant has properly packed, loaded, classified, described, marked, and labeled all hazardous materials in accordance with applicable regulations of the Department of Transportation or other governmental agencies or intergovernmental bodies, and that all such goods are in proper condition for transportation by Carrier.
Merchant agrees fully to protect and indemnify Carrier and to hold it harmless in respect of any injury or death of any person, or loss or damage to cargo or cargo unit or any other property or to the Vessel, or expense or fine, arising out of, or in any way connected with breach of any representations or warranties, howsoever occurring even without fault of Merchant and even though injury, death, loss or damage is caused in whole or in part by fault of Carrier or unseaworthiness. Notwithstanding the foregoing, Carrier shall neither be liable for nor concluded as to the correctness of any such marks, descriptions, or representations.
Without undertaking any duty to do so, Carrier reserves the right, at its sole discretion and at any time, to open any container in order to inspect the contents and the stowage or packing thereof, and, at the expense of the goods, to restow or repack the contents whenever, in its judgment, such restowing or repacking is necessary for the safety of the goods or of the cargo unit. Any exercise of this right shall be without liability or responsibility on the part of the Carrier.
Goods of dangerous or damaging nature, including radioactive and inflammable material, must not be tendered for shipment unless written notice of their nature and the name and address of the sender and the receiver have been previously given to GLE, and agreement is made prior to acceptance, without exception, and the nature is distinctly marked on the outside of the package or packages as required by applicable statutes or regulations and in addition on each container, flat, trailer, etc. A special stowage order giving consent to shipment must also be obtained from GLE. Dangerous goods include those that are explosive, flammable, radioactive, corrosive, damaging, noxious, hazardous, poisonous, injurious, or otherwise specified as dangerous under the International maritime Dangerous Goods (IMDG) Code. The Merchant will be liable for all consequential damage and expense if all the foregoing provisions are not complied with. Merchant shall undertake that the nature of the dangerous goods are distinctly and permanently marked and manifested on the outside of the package(s) and container(s) and shall also undertake to submit the documents or certificates required by applicable statutes or regulations or by Carrier. Merchant warrants that it has properly packed, loaded, classified, described, marked, and labeled all hazardous or dangerous materials in accordance with applicable regulations of the Department of Transportation or other governmental agencies or international bodies, and that such goods are in proper condition for transportation by the Carrier.
Whenever goods are discovered to have been received by the Carrier without complying with the above warranty, or the goods are otherwise found to be contraband or prohibited by any laws or regulations at the port of loading, discharge, or call, or any place or waters during transport, Carrier shall be entitled to have such goods rendered innocuous, thrown overboard or discharged, or otherwise disposed of at Carrier’s discretion without compensation and the Merchant shall be liable for and indemnify Carrier against any kind of loss or damage or liability including loss of freight, and any expenses directly or indirectly arising out of or resulting from such goods. Goods which are or at any time become dangerous, inflammable, radioactive or damaging may, at any time or place, be unloaded, destroyed or rendered harmless without compensation and if the Merchant has not given notice of their nature to GLE as set forth above, GLE shall be under no liability to make any General Average contribution in respect of such goods.
Goods may be stowed by the Carrier as received or, at Carrier’s option, by means of containers, or similar articles of transport used to consolidate goods.
Containers, trailers, and transportable tanks, whether stowed by the Carrier or received by him in a stowed condition from the Merchant, shall be carried on deck without notice to the Merchant.
The Carrier’s liability for cargo stowed as aforesaid shall be governed by the terms of this Bill of Lading and by COGSA notwithstanding the fact that the goods are being carried on deck and the goods shall participate in General Average.
Merchant agrees not to ship bank bills, coins or currency, deeds, drafts, notes or valuable papers of any kind, jewelry other than costume or novelty jewelry, postage stamps or letters or packets of letters with or without postage stamps affixed, United States Postal Service mail of any class, precious metals or articles manufactured therefrom, precious stones, revenue stamps, antiques, or other related or unrelated old, rare or precious articles of extraordinary value.
If there are no exceptions or notations on this Bill of Lading as to the condition of any iron, steel or other metal products, it is agreed that the any iron, steel or other metal products were not received by the Carrier without any visible rust, oxidation, or moisture. If the goods are noted as being in “apparent good order and condition,” or any other comparable phrasing, when used in this bill of lading with reference to iron, steel, or metal products, this does not mean that the goods, when received, were free of visible rust, oxidation, or moisture. If the Merchant so requests a substitute bill of lading will be issued omitting the definition of “apparent good order and condition” or any other comparable phrasing and setting forth any notations as to rust, oxidation, or moisture which may appear on the mate’s or tally clerk’s receipts. It is agreed that condensation inside any container carried under this Bill of Lading, superficial rust, oxidation, or any like condition due to moisture is not the responsibility of the Carrier. If the Merchant requires special arrangements or care for the carriage of such goods, he must request same in writing to the Carrier and said arrangements must be noted on the face of this Bill of Lading and all special freight, as required, must be paid by the Merchant.
(a) Lumber, timber, plywood, etc. – Neither Carrier nor the Vessel shall be responsible for stains, discoloration, shakes, holes, chips, scratches, chafage, breakage, or splitting of lumber, timber, plywood, or wood products, whether or not unprotected or partly covered.
(b) Paper products, KLB, medium, etc. – Neither Carrier nor the Vessel shall be responsible for chafing or scratching, whether or not protected, unprotected or partly covered.
(c) Live animals – Live animals, birds, and fish are received, kept, and carried solely at Merchant’s risk of accident, disease, or mortality, and without warranty or undertaking whatsoever by Carrier.
The freight for transportation of certain types of cargo may include marine insurance purchased by Carrier for the benefit of Merchant. If applicable, said insurance includes limitations, terms and conditions that may limit or preclude recovery in various cases. MERCHANT SHOULD CONSULT CARRIER’S TARIFF(S) APPLICABLE TO THIS BILL OF LADING TO DETERMINE IF MARINE INSURANCE IS PROVIDED FOR THE TRADE AND GOODS COVERED BY THIS BILL OF LADING, AND IF PROVIDED, TO DETERMINE THE TERMS OF THE MARINE INSURANCE. IF THE TARIFF OF CARRIER IS SILENT ON THE SUBJECT, NO MARINE INSURANCE HAS BEEN PURCHASED BY CARRIER FOR THE BENEFIT OF MERCHANT.
The port of discharge for optional cargo must be declared to the Vessel’s agents at the first of the optional ports no later than forty-eight (48) hours before the Vessel’s arrival there. In the absence of such declaration the Carrier may elect to discharge at the first or any other optional port and the contract of carriage shall then be considered as having been fulfilled. Any options can be exercised for the total quantity under this Bill of Lading only.
(a) Any mention in this Bill of Lading of parties to be notified of the arrival of the goods is solely for information of the Carrier, and failure to give such notification shall not involve the Carrier in any liability nor relieve the Merchant of any obligation hereunder.
(b) Any lightering in or off ports of loading or ports of discharge to be for the account of the Merchant.
(c) Loading, discharging and delivery of the cargo shall be arranged by the Carrier’s agent unless otherwise agreed.
(d) If the goods are not taken by the Merchant within a reasonable time of GLE calling upon him to take delivery, GLE shall be at liberty to put the goods in safe custody on behalf of the Merchant at the Merchant’s risk and expense.
(e) Landing, storing and delivery shall be for the Merchant’s account.
(f) Loading and discharging may commence without previous notice.
(g) The Merchant or his assign(s) shall tender the goods when the Vessel is ready to load and as fast as the Vessel can receive and – but only if required by the Carrier – also outside ordinary working hours notwithstanding any custom of the port. Otherwise, the Carrier shall be relieved of any obligation to load such cargo and the Vessel may leave the port without further notice and dead freight is to be paid immediately at the full contracted rate.
(h) The Merchant or his assign shall take delivery of the goods and continue to receive the goods as fast as the Vessel can deliver and – but only if required by the Carrier – also outside ordinary working hours notwithstanding any custom of the port. Otherwise the Carrier shall be at liberty to discharge the goods and any discharge to be deemed a fulfillment of the Contract, or alternatively to act under Clause 28.
(i) The Merchant shall bear all overtime charges in connection with tendering and taking privately or by auction.
(j) If the goods are not applied for within a reasonable time, the Carrier may sell the same privately or by auction.
(k) The Merchant shall accept his reasonable proportion of unidentified loose cargo.
(a) Freight to be paid in cash without discount and, whether pre-payable or payable at destination, to be considered as earned on receipt of the goods and non-returnable in any event. The Carrier’s claim for any charges under this contract shall be considered definitely payable in like manner as soon as the charges have been incurred. Interest at 18 per cent per annum shall run from the date when freight and charges are due.
(b) Freight and all other amounts mentioned in this Bill of Lading are at the option of GLE to be paid in the currency named in this Bill of Lading or of the country of the port of loading or port of discharge, at the highest selling rate of exchange for banker’s sight draft current on the date of the freight agreement or on the date of Bill of Lading, or for pre-payable freight on the day of loading, or for freight payable at destination on the day when the Vessel is entered at the Customs House or on the date of withdrawal of the delivery order. If GLE has consented to payment of freight and charges in other currencies than U.S. dollars and such other currencies are devalued before payment, then the conversion of U.S. currencies shall be affected at the highest bank selling rate on the date of payment.
(c) All freight and charges shall be paid in full and without any offset, counter claim or deduction as of the date payment of freight shall be due hereunder. Any error in freight or in charges is subject to correction, and if on correction, the freight or charges are higher, Carrier may collect the additional amount.
(d) The Merchant(s) shall be jointly and severally liable to Carrier for the payment of all freight, demurrage, General Average, salvage and other charges, including but not limited to court costs, expenses and reasonable attorney’s fees incurred in collecting sums due to Carrier. Payment of ocean freight and charges to a freight forwarder, broker or anyone other than the Carrier, or its authorized agent, shall not be deemed payment to the carrier and shall be made at payer’s sole risk.
(e) All dues, taxes and charges or other expenses in connection with the goods shall be paid by the Merchant. Any dues, duties, taxes and charges which under any denomination may be levied on any basis such as amount of freight, weight of cargo or tonnage of the Vessel shall be paid by the Merchant. The Merchant shall be liable for all lines, and/or losses for which the Carrier, Vessel or cargo may incur through non-observances of custom house and/or import or export regulations.
(f) The Merchant shall reimburse Carrier in proportion to the amount of freight for any extra expenses (including but not limited to any increase of war risk insurance premium and war risk increases of the wages of the Master, officers and crew and for any increase of the cost for bunkers and for deviation or delay) incurred by the Carrier as the result of the outbreak of war, hostilities, war-like operations, civil war, civil commotion, blockage, piracy or revolution or by government directions regardless of whether the Vessel sailed or not sailed or is underway at the time the expenses are incurred.
(g) The Merchant warrants the correctness of the declaration of contents, insurance, weight, measurement or value of the goods and any other particulars relating to the goods furnished by or on behalf of the Merchant but GLE reserves the right to have the contents inspected in order to ascertain the weight, measurement, value or other particulars for the purpose of verifying the freight basis. If on such inspection it is found that the declaration is not correct, it is agreed that a sum equal to double the amount of freight which would have been due if such declaration had been correctly given, shall be payable as liquidated damages to GLE notwithstanding any other sum having been stated on the Bill of Lading as freight payable. The Merchant shall indemnify and hold the Carrier harmless from any lines, loss, damages or expenses resulting from any misdeclarations of description, weight, measurement or other particulars of the goods.
(h) The Merchant shall be liable for expenses of fumigation and of gathering and sorting loose cargo and of weighing on board and expenses incurred in repairing damage to and replacing of packing due to excepted causes and for all expenses caused by extra handling of the cargo for any of the aforementioned reasons.
The Merchant shall comply with all regulations or requirement of customs, port and other authorities, and shall bear and pay all duties, taxes, fines, expenses or losses incurred or suffered by reason thereof by reason of any illegal, incorrect or insufficient marking, numbering or addressing of the goods, and indemnify the Carrier in respect thereof.
The Carrier shall be paid demurrage at the daily rate of the Vessel if the Vessel is not loaded or discharged with the dispatch set out in Clause 21, any delay in waiting for berth at or off port to count. Provided that if the delay is due to causes beyond the control of the Merchant, twenty-four (24) hours shall be deducted from the time on demurrage.
Each Merchant shall be liable towards the Carrier for a proportionate part of the total demurrage due, based upon the total freight on the goods to be loaded or discharged at the port in question.
No Merchant shall be liable in demurrage for any delay arising only in connection with goods belonging to other Merchants.
GLE shall have a lien on the goods or part of the goods including any Merchant owned containers or equipment for any amount due to GLE under this Bill of Lading, for General Average and salvage contribution to whomsoever due and for the cost of recovering the same, and shall be entitled to sell or otherwise dispose of such goods (without notice to Merchant) to recover any such amounts and may enforce such lien in any reasonable manner.
(This Clause to remain in effect even if unenforceable in the Courts of the United States of America.)
If the Vessel comes into collision with another vessel, as a result of the negligence of the other vessel and any act, negligence or default of the Master, Manner, Pilot or the servants of the Carrier in the navigation or in the management of the Vessel, the Merchant will indemnify the Carrier against all loss or liability to the other or non-carrying vessel or her owner insofar as such loss or liability represents loss of or damage to or any claim whatsoever of the owner of the said goods paid or payable by the other non-carrying vessel or her owner to the owner of said cargo and set off, or recouped or recovered by the other or non-carrying vessel or her owner as part of his claim against the carrying Vessel or Carrier. The foregoing provisions shall also apply where the owner, operator or those in charge of any vessel or vessels or objects other than, or in addition to the colliding vessels or objects are at fault in respect of a collision or contact.
General Average to be adjusted at any port or place at Carrier’s option and to be settled according to the York Antwerp Rules 1974, except Rule 22, thereof and as to matters not provided for by those Rules according to the laws and usages of the Port of Fernandina, Florida. Interest, however, shall be allowed on expenditures, sacrifices and allowances charged to General Average at 18 percent per annum running from the time of payment until the date of the General Average Statement, due allowances being made for any interim adjusters selected by the Carrier. In average adjustments, disbursements and foreign currencies shall be exchanged into any currency at the Carrier’s option at the highest bank selling rate on the date of payment and allowances for damage to cargo claimed and foreign currency shall be converted at the highest bank selling rate on the last day of discharge at the port of final discharge of such damaged cargo.
Average agreement or bond and such additional security as may be required by the Carrier must be furnished before the delivery of the goods. Such deposit, agreement or other security as the Carrier or his agents may deem sufficient to cover the estimated contribution of the goods and any salvage and special charges thereon shall, if required, be made by the goods, Merchant, consignees or owners of the goods to the Carrier before delivery. Any deposit shall be payable at Carrier’s option in the currency to be indicated on each occasion by the Carrier. Refunds of credit balance shall be paid in the same currency. It is understood that in every instance the Merchant shall remain responsible until the statement of average has been settled.
In the event of accident, danger, damage or disaster before or after commencement of the voyage resulting from any cause whatsoever whether due to negligence or not, for which or for the consequence of which the Carrier is not responsible by statute, contract, or otherwise, the Merchant(s) and the goods shall contribute with the Carrier in General Average to the payment of any sacrifice, losses or expenses of a General Average nature that may be made or incurred, and shall pay salvage and special charges incurred in respect of the goods. If a salving vessel is owned or operated by the Carrier, salvage shall be paid for as fully as if the salving vessel or vessels belonged to strangers.
In any situation whatsoever and wheresoever occurring and whether existing or anticipated before commencement of or during the voyage, which in the judgment of Carrier or the Master is likely to give rise to risk of capture, seizure, detention, damages, delay or disadvantage to or loss of the ship or any part of her cargo, or to make it unsafe, imprudent, or unlawful for any reason to commence or proceed on or continue the voyage or to enter or discharge the goods at the port of discharge, or to give rise to delay or difficulty in arriving or discharging at or leaving the port of discharge or the usual place of discharge in such port, Carrier may before loading or before the commencement of the voyage, require the Merchant or other person entitled thereto to take delivery of the goods at port of shipment, and upon their failure to do so may warehouse the goods at the risk and expense of the goods; or Carrier or the Master, whether or not proceeding towards or entering or attempting to enter the port of discharge or reaching or attempting to reach the usual place of discharge therein or attempting to discharge the goods there, may discharge the goods into depot, lazaretto, craft or other place; or the ship may proceed or return, directly or indirectly, to or stop at any such port or place whatsoever as Carrier or the Master may consider safe or advisable under the circumstances, and discharge the goods, or any part thereof at such port or place; or Carrier or the Master may retain the goods on board until the return trip or until such time as Carrier or the Master thinks advisable and discharge the goods at any place whatsoever as herein provided; or Carrier or the Master may discharge and forward the goods by any means, whether by land, water or air, at the risk and expense of the goods. When the goods are discharged from the ship as herein provided, they shall be at the Merchant or consignees named in this Bill of Lading own risk and expense. Such discharge shall constitute complete delivery and full performance of this contract and Carrier and the ship shall be freed from any further responsibility in respect thereof, except to mail notice of the disposition of the goods direct to the Merchant or consignee named in this Bill of Lading at such address as may be stated herein.
In any event, the Carrier shall be entitled to full freight for goods received for transportation and additional compensation for extra costs resulting from the circumstances referred to above.
(a) The Master and the Carrier shall have liberty to comply with any order or directions or recommendations in connection with the transport under this contract given by any government or authority, or any person acting or purporting to act as or on behalf of such government or authority, or having under the terms of the insurance on the Vessel the right to give such orders or directions or recommendations.
(b) Should it appear that the performance of the transport would expose the Vessel or any goods on board to risk of seizure or damage or delay, resulting from war, war-like operations, blockade, riots, civil commotion’s, or piracy, or any person on board, to the risk of loss of life or freedom, or that any such risk has increased, the Master may discharge the cargo at port of loading or any other safe and convenient port.
(c) Should it appear that epidemics, pandemics, quarantines, ice-labor troubles, labor obstructions, strikes, lockouts, any of which on board or on shore-difficulties in loading or discharging would prevent the Vessel from leaving the port of loading or reaching or entering the port of discharge or there discharging in the usual manner and leaving again, all of which safely and without delay, the Master may discharge the cargo at port of loading or any other safe and convenient port.
(d) The discharge under the provisions of this Clause of any cargo for which a Bill of Lading has been issued shall be deemed due fulfillment of the contract. If, in connection with the exercise of any liberty under this Clause, any extra expenses are incurred, they shall be paid by the Merchant in addition to the freight, together with return freight if any and a reasonable compensation for any extra services rendered to the goods.
(e) If any situation referred to in this Clause may be anticipated, or if for any such reason the Vessel cannot safely and without delay reach or enter the loading port or must undergo repairs, the Carrier may cancel the contract before the Bill of Lading is issued.
(f) The Merchant shall be informed if possible.
The contract evidenced by this Bill of Lading is subject to COGSA and the provisions stated in COGSA shall govern before loading and after discharge and throughout the entire time the goods are in the Carrier’s custody.
The terms of this Bill of Lading shall be separable, and if any provision hereof, or any part of any provision be held to be invalid or unenforceable, such holdings shall not affect the validity or enforceability of any other provision or part thereof in this Bill of Lading.
No servant or agent of the Carrier shall have power to waive or vary any term of this Bill of Lading unless such waiver or variation is in writing and is specifically authorized or ratified in writing by the Carrier.