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Vận đơn tàu chợ

This document is a bill of lading for the transportation of methacrylic acid from Kwangyang, Korea to Ho Chi Minh City, Vietnam. It lists the shipper, consignee, origin, destination, description of goods, container details, and terms of carriage.

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0% found this document useful (0 votes)
207 views2 pages

Vận đơn tàu chợ

This document is a bill of lading for the transportation of methacrylic acid from Kwangyang, Korea to Ho Chi Minh City, Vietnam. It lists the shipper, consignee, origin, destination, description of goods, container details, and terms of carriage.

Uploaded by

23a4050089
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
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B/L No.

DAELIM CORPORATION
KR02813761 KMTCKAN2059234
11F, 39, SEJONG-DAERO, JUNG-GU,
SEOUL, REPUBLIC OF KOREA

TAX CODE:0305503537, DAELIM VIETNAM LTD.


ROOM L9-10, 9FL, VINCOM CENTER, 72
LE THANH TONSTREET, BEN NGHE WARD,
DISTICT 1, HO CHI MINH CITY,
VIETNAM T:+84-28-3822-8684,
BILL OF LADING SURRENDERED
RECEIVED by the Carrier from the shipper in apparent external good order and
E:VY.TRUONG@DAELIMCORP.CO.KR condition unless otherwise indicated herein, the total number or quantity of
containers or other packages or units indicated below stated by the shipper to
TAX CODE:0305503537, DAELIM VIETNAM LTD. comprise the cargo specified for transportaion subject to all the terms and
conditions hereof from the place of receipt or the port of loading, whichever is
ROOM L9-10, 9FL, VINCOM CENTER, 72 applicable, to the port of discharge or the place of delivery, whichever is applicable.
LE THANH TONSTREET, BEN NGHE WARD,
DISTICT 1, HO CHI MINH CITY,
VIETNAM T:+84-28-3822-8684,
E:VY.TRUONG@DAELIMCORP.CO.KR

KMTC GWANGYANG /2014S

KWANGYANG, KOREA HOCHIMINH, VIETNAM

FTAU1047717/KSA712333
"SHIPPER'S LOAD, COUNT & SEAL" 16,600.000 25.0000
N/M "SAID TO CONTAIN"
1X20'HZ
80PACKAGES
METHACRYLIC ACID
IN NEW DRUM
HS CODE: 29161300

"FREIGHT PREPAID"

SAY : ONE (1) CONTAINER ONLY.

This Bill of Lading duly endorsed must be


surrendered by the Merchant to the
Carrier in exchange for the Goods or
delivery order unless otherwise provided
herein.IN ACCEPTION this Bill of Lading,
the Merchant expressly accepts and
agrees tho all its terms and conditions on
the face and back hereof,
** FREIGHT PREPAID AS ARRANGED **
INCLUDING BUT NOT LIMITED TO
ARBITRATION CLAUSE, whether written,
typed, stamped or printed, or otherwise
incorporated, notwithstanding the non-
signing of this Bill of Lading by the
Merchant.IN WITNESS whereof, the
number of originalBills of Lading stated
on this side have beensiged and wherever
one original Bill of Lading has been
SEOUL,KOREA CY - CY 06 MAR 2022 surrendered, any others shall be void.

Nov.6,0 (Terms of Bill of Lading continued on Back


ZERO(0) SEOUL,KOREA hereof)

06 MAR,2022
as Carrier
1. DEFINITION 10. DANGEROUS GOODS, CONTRABAND
The following words both on the face and back hereof have the meanings hereby assigned: (A) The Carrier undertakes to carry the Goods of an explosive, inflammable, radioactive, corrosive, damaging, noxious, hazardous, poisonous,
(A) "Carrier" means the Korea Marine Transport Co., Ltd. and its Vessel, her owner, agents and subcontractors at all stages of carriage; in injurious or dangerous nature only upon the Carrier's written acceptance of a prior written application by the Merchant for the carriage of
context of Multimodal Transportation, "Ocean Carrier" means the Korea Marine Transport Co., Ltd., its Vessel, her owner, operator and such Goods. Such application must accurately state the nature, name, label and classification of the Goods as well as the method of rendering
charterers and the agents and subcontractors of each; "Inland Carrier" means any barge line vessel, trucker or railroad with custody of the them innocuous, with the full names and addresses of the shipper and the consignee.
Goods under this Bill of Lading, and the agents and subcontractors of each. (B) The Merchant shall undertake that the nature of the dangerous Goods is distinctly and permanently marked and manifested on the outside
(B) "Merchant" includes the shipper, consignor, consignee, owner and receiver of the Goods and the holder of this Bill of Lading; of the package and container and shall also undertake to submit all documents or certificates required by any applicable statutes or regulations
(C) "Multimodal Transportation" means carriage of the Goods under this Bill of Lading by the Ocean Carrier and one or more Inland Carriers or by the Carrier.
for a single freight charge to the Merchant. (C) Whenever the Goods are discovered to be contraband or prohibited by any laws or regulations, the Carrier shall be entitled to have such
(D) "Goods" means the cargo described on the face of this Bill of Lading and if cargo is packed into container supplied or furnished by or Goods rendered innocuous, thrown overboard or discharged or otherwise disposed of at the Carrier's discretion without compensation and the
on behalf of the Merchant, include the container as well; Merchant shall indemnify the Carrier against any kind of loss, damage or liability including loss of freight and any expenses directly or
(E) "Vessel" means the Vessel named in this Bill of Lading, and includes all assisting and substitute Vessels, lighters or other conveyances. indirectly arising out of or resulting from such Goods.
(D) The Carrier has the right to inspect the contents of the package or container at any time and anywhere without the Merchant's
2. CLAUSE PARAMOUNT agreement but only at the risk and expense of the Merchant.

(A) This Bill of Lading shall have effect subject to the International Convention for the Unification of Certain Rules relating to Bills of Lading,
dated Brussels 25 August 1924 (Hague Rules) as enacted in the country of shipment, unless the protocol, signed at Brussels on 23 February 1968 11. LIVE ANIMAL AND PLANT
(the Hague/Visby Rules) or the United States Carriage of Goods by Sea Act, 1936 (U.S.COGSA, 46 U.S.C. Appendix 1300-1315) apply The Carrier shall not be responsible for any accident, disease, mortality, loss of or damage to live animals, birds, reptiles and fish and plants
compulsorily. arising or resulting from any cause whatsoever including the Carrier's negligence or the Vessel's unseaworthiness, and shall have the benefit of
(B) When no such enactments are in force in the country of shipment, the corresponding Hague Rules, Hague/Visby Rules or U.S.COGSA all the provisions of the applicable version of the Hague Rules and the terms of this Bill of Lading.
legislation of the country of destination shall apply, but in respect of shipments to which no such enactments are compulsorily applicable,
the terms of Hague Rules shall apply. 12. VALUABLE GOODS
(C) If any provision within this Bill of Lading is held to be repugnant to any extent to the Hague Rules legislation or any other laws, statutes
or regulations applicable to the contract evidence by this Bill of Lading, such provisions shall be null and void to such extent but no further. The Carrier shall not be liable to any extent for any loss of or damage to or in connection with precious metals or stones, chemicals, jewelry,
currency, writings, negotiable instruments, securities, documents, works of art, heirlooms, or any other valuable Goods, including Goods
having particular value only for the Merchant, unless the true nature and value of the Goods have been declared in writing by the Merchant
3. GOVERNING LAW AND ARBITRATION before receipt of the Goods by the Carrier, and the same is inserted in this Bill of Lading and ad valorem freight has been prepaid thereon.
(A) The contract evidenced by or contained in this Bill of Lading shall be governed by Korean Law, except as may be otherwise provided for
herein. 13. DELIVERY
(B) Any and all claims, disputes, controversies, or differences whatsoever which may arise between the Carrier and the Merchant, out of or in
(A) The Carrier shall have the right to deliver the Goods at any time from or at the Vessel's side, custom-house, warehouse, wharf, quay or any
relation to or in connection with or under this Bill of Lading, or for the breach of any obligation of the Carrier or the Merchant under this Bill of other place designated by the Carrier within the geographic limits of the port of discharge or place of delivery shown on the face hereof.
Lading shall be finally settled by arbitration in Seoul, Korea in accordance with the Arbitration Rules of the Korean Commercial Arbitration
Board and under Laws of Korea. The award rendered by the arbitrator(s) shall be final and binding upon both parties concerned. (B) Goods shall be deemed to be delivered when they have been handed over or placed at the disposal of the Consignee or his agent in
accordance with this Bill of Lading, or when the Goods have been handed over to any authority or other party to whom, pursuant to the law
(C) The terms "action" or "suit" or whatsoever of similar nature as provided in Hague Rules, Hague/Visby Rules, US COGSA or any similar or regulation applicable at the place of delivery, the Goods must be handed over.
legislation of any country or this Bill of Lading shall be construed as meaning any action needed to start arbitration in accordance with
(C) The Carrier shall also be entitled to store the Goods at the sole risk of the Merchant, and the Carrier's liability shall cease, and the cost of
the Arbitration Rules of the Korean Commercial Arbitration Board for the purpose of application of this clause.
such storage shall be paid, upon demand, by the Merchant to the Carrier.
(D) Goods which can not be identified as to marks and numbers, cargo sweepings, liquid residue and any unclaimed Goods not otherwise
4. SUB-CONTRACTING AND ADDITIONAL INSTRUCTION accounted for shall be allocated for the purpose of completing delivery to the various Merchants of Goods of like character, in proportion to
any apparent shortage, loss of weight or damage, and such Goods or parts thereof shall be accepted as full and complete delivery.
(A) The Carrier shall be entitled to sub-contract on any terms the whole or any part of the handling, storage or carriage of the Goods and
any and all duties whatsoever undertaken by the Carrier in relation to the Goods. (E) In case the Goods have been packed into container by the Carrier, the Carrier shall unpack the container and deliver the contents thereof
and shall not be required to deliver the Goods in container. However, at the Carrier's absolute discretion and subject to prior arrangement
(B) Every servant, agent and sub-contractor (including all interests engaged in the owning or chartering of the Vessel, stevedore,
between the shipper and the Carrier, Goods may be delivered to the Merchant in container.
warehouseman, and other independent contractors) and the agents of each shall have the benefit of all provisions herein for the benefit of the
Carrier as if the provisions were expressly for their benefit; and in entering into this contract of carriage, the Carrier does so not only on his own (F) The Carrier shall not be liable for failure to deliver in accordance with marks unless the Goods or Packages shall have been clearly, legibly
and permanently marked.
behalf but also as agent for all such servants, agents and sub-contractors to the fullest extent permitted by the law applicable to Himalaya
Clauses. (G) Optional delivery shall be granted only when arranged prior to the time of receipt of the Goods and so expressly provided herein.
The Merchant desiring to avail himself of the option so expressed must give notice in writing to the Carrier at the first port of call of the
Vessel named in the option at least 48 hours prior to the Vessel's arrival there, otherwise the Goods shall be landed at any of the optional
5. LIBERTIES ports at Carrier's option and the Carrier's responsibility shall then cease.
(A) The Carrier shall make commercially reasonable efforts to carry the Goods expeditiously to the place of delivery, but the Carrier does not
warrant any specific route, Vessel, method of transport or delivery date, and shall have liberty to perform the carriage in any commercially
reasonable manner and by any reasonable means, methods and routes including the right to transship Goods using other Carriers, conveyances 14. TRANSSHIPMENT AND FORWARDING
or containers. The Carrier shall always have liberty to comply with orders, directions, recommendations or suggestions, howsoever given, of any (A) Whether arranged beforehand or not, the Carrier shall have liberty without notice to carry the Goods wholly or partly by the named or any
government, national or local authority. other vessel, craft or other means of transport by water, land or air, whether owned or operated by the Carrier or others. The Carrier may under
(B) At any stage in the carriage, the Goods may, at the Carrier's absolute discretion, be carried as a single shipment or as several shipments on any circumstances whatsoever discharge the Goods or any part thereof at any port or place for transshipment and store the same afloat or
any means of transport, whether owned or operated by the Carrier or not. ashore and then forward the same by any means of transport.
(C) The Carrier shall make commercially reasonable efforts to complete the carriage and to deliver the Goods at the place designated for (B) In case the Goods herein specified cannot be found at the port of discharge or place of delivery or if they be miscarried, they, when found,
delivery, but does not guarantee such delivery and shall be excused from all consequences of nondelivery at such place, (and shall remain may be forwarded to their intended port of discharge or place of delivery at the Carrier's expense but the Carrier shall not be liable for any
entitled to full freight and charges and his lien,) if such delivery is commercially unfeasible, or would delay or imperil th e interests of the loss, damage, delay or depreciation arising from such forwarding.
Carrier or the Goods, the Goods of others or the general enterprise.
(D) In particular, the Carrier is excused from full performance of the contract of carriage by the existence or apprehension of war, declared or
15. FIRE
undeclared, hostilities, warlike or belligerent acts or operations, riots, civil commotions, boycotts or other disturbances; epidemics or diseases,
quarantine, sanitary or similar regulations or restrictions; shortage, absence or obstacles of labor or facilities for loading, discharging, delivery or The Carrier shall not be responsible for any loss of or damage to the Goods arising or resulting from fire occurring at any time and even
handling of the Goods; strikes, lockouts or other labor troubles, whether partial or general, and whether or not involving employees of the though before loading on or after discharge from the Vessel, unless caused by the actual fault or privity of the Carrier.
Carrier, his agents or sub-contractors; congestion of ports, berths, freight stations or terminals; closure of, obstacle in or danger to any canal,
waterway, land route or railroad; ice, landslide, earthquake or other natural effects creating obstacles to carriage. This list is descriptive and not 16. LIEN
exhaustive, and the existence of any of these similar conditions prior to receipt of the Goods shall not constitute waiver of the Carrier's rights.
(E) If, in the Carrier's opinion, good cause exists to fear danger, injury, loss, delay or disadvantage to the Carrier, the Goods, the Goods of (A) The Carrier shall have a lien on the Goods, for all freight, dead freight, demurrage and the costs and expenses of recovering the same and
others or to the general enterprise, the Carrier any other sums whatsoever payable by the Merchant under this Bill of Lading or any other Bill of Lading between Carrier and Merchant and
may enforce this lien by all available means, including public or private sale. The net proceeds of any such sale, after first deducting all costs
ⅰ) at any time shall be entitled to unpack the container or otherwise dispose of the Goods in such way as the Carrier may deem advisable at
the risk and expense of the Merchant; and/or and expenses in executing the lien shall be applied towards the settlement of the amounts due the Carrier. If on sale of the Goods, the
proceeds fail to cover the amount due and the cost and expenses incurred, the Carrier shall be entitled to recover the deficit from the
ⅱ) before the Goods are loaded on the Vessel, a vehicle or other means of transport at the place of receipt or port of loading shall be entitled
Merchant.
to cancel the contract of carriage without compensation and to require the Merchant to take delivery of them; and/or
ⅲ) if the Goods are at a place awaiting transshipment, shall be entitled to terminate the transport there and to store them at any place (B) If the Goods are unclaimed during a reasonable time, or whenever in the Carrier's opinion the Goods will become deteriorated, decayed
selected by the Carrier at the risk and expense of the Merchant; and/or or worthless, the Carrier may, at his discretion and subject to his lien and without any responsibility attaching to him, sell, abandon or
otherwise dispose of such Goods solely at the risk and expense of the Merchant.
ⅳ) if the Goods are loaded on the Vessel, a vehicle or other means of transport whether or not approaching, entering or attempting to enter
the port of discharge or to reach the place of delivery or attempting or commencing to discharge, shall be entitled to discharge the Goods or (C) The Carrier shall have a lien on the Goods for all expenses and charges incurred in protecting or taking care for the Goods, whether the
Goods be damaged or not, and for any payment or liability of whatsoever nature incurred by the Carrier in connection with the Goods,
any part thereof at any port or place selected by the Carrier or to carry them back to the port of loading or place of receipt and there discharge
including legal fees incurred through attachments or interpleader or other proceedings in respect of the Goods.
them. Any actions under ⅲ) or ⅳ) above shall constitute complete and final delivery and full performance of this contract, and the Carrier
thereafter shall be freed from any responsibility hereunder.
(F) If, after storage, discharge or any actions according to the ⅲ), ⅳ) above, the Carrier makes any arrangements to store and/or transship 17. FREIGHT AND CHARGES
and/or forward the Goods, it is agreed that he shall do so as agent only for and at the sole risk and expense of the Merchant without any
(A) Freight shall be payable at any lawful rate agreed with the Merchant, and will be calculated on the basis of the particulars of the Goods
liability whatsoever in respect of such agency and the Merchant shall reimburse the Carrier forthwith upon demand all extra freight, charges
furnished by the Merchant who shall be deemed to have guaranteed to the Carrier the accuracy of the contents, weight, measure or value as
and extra expenses thereby incurred
furnished by him, at the time of receipt of the Goods by the Carrier, but the Carrier may at any time open the container and/or package and
(G) Any action taken by the Carrier pursuant to this clause for the intended benefit of the Vessel, the Goods, the Goods of others or the examine contents, weight, measure and value of the Goods at the risk or expense of the Merchant to determine the accuracy of the
general enterprise shall fall within the contractual carriage, and such action or delay resulting therefrom shall not constitute a deviation at law, Merchant's particulars. If it is determined by the Carrier that the freight or charges should be higher, the Carrier may collect the additional
and the Carrier shall be entitled to the full benefit or all privileges, rights and immunities contained in the Bill of Lading. amount from the Merchant who shall also be liable for all expenses associated with its recalculation.
(B) Full freight and all advance charges shall be considered completely earned on receipt of the Goods by the Carrier, whether the Vessel or the
6. RESPONSIBILITY Goods be damaged, lost or not lost, or the journey frustrated or abandoned. All freight and charges shall be paid in full without any offset,
counterclaim or deduction, and shall be paid in the currency named in this Bill of Lading.
(A) The Carrier shall not be responsible for loss of or damage to the Goods occurring before receipt of the Goods by the Carrier at the place
(C) Goods once received by the Carrier cannot be taken away or disposed of by the Merchant except upon the Carrier's consent and against
of receipt or port of loading or after delivery by the Carrier at the port of discharge or place of delivery.
payment of full freight and compensation for any loss sustained by the Carrier through such taking away or disposal. If the Goods are not
(B) The Carrier shall be responsible for and shall enjoy the immunities and limitations against loss or damage pursuant to the applicable available when the Vessel is ready to load, the Carrier is discharged from any obligation to load such Goods and the Vessel may leave the
Hague Rules, Hague/Visby Rules, U.S COGSA legislation for all periods when the Goods are in the actual or constructive custody of the Carrier. port without further notice and dead freight shall be paid by the Merchant.
(C) Where it is forbidden by law to extend Hague Rules, Hague/Visby Rules, U.S COGSA legislation to the inland part of the Multimodal
(D) The Merchant shall be liable for, and indemnify the Carrier against all dues, duties, taxes and charges including consular fees levied on the Goods, or all fines
Transportation contract, the Carrier shall not be responsible for loss or damage to the Goods while the Goods are in the custody of the
and/or loss sustained or incurred by the Carrier in connection with the Goods howsoever caused, including the Merchant's failure to comply with laws and
Inland Carrier in excess of the scope for which the Inland Carrier would have assumed the responsibility subject to its tariff.
regulations of any government or public authorities in connection with the Goods or to procure consular.
(D) If, despite the terms herein, no legal regime clearly applies to the period of inland carriage, the Carrier and Inland Carrier shall not, in any circumstances, be
(E) The shipper, consignee, owner of the Goods and holder of this Bill of Lading shall be jointly and severally liable to the Carrier for
liable for that part of any claim for damages caused by acts of God, acts or restraint of authority, inherent vice of the Goods, wrongful act or neglect of the the payment of all freight and charges and for the performance of the obligation of each of them hereunder.
Merchant, strike or stoppage of labor of any kind or extent, insufficient or defective packaging or marking or numbering of the Goods or Packages, or any cause,
event or consequence which the Carrier could not avoid or prevent by reasonable diligence.
(E) In context of Multimodal Transportation, where the Merchant or Carrier cannot establish in whose custody loss or damage occurred to 18. APPLICABILITY TO ACTION IN TORT
the Goods delivered to the Carrier in actual good condition, it shall be deemed, as between the Merchant and any Carrier, that the loss or The provisions within this Bill of Lading apply to all claims against the Carrier relating to the performance of the contract evidenced by this Bill
damage occurred onboard the Vessel while in the custody in the Ocean Carrier. of Lading, whether the claim be founded in contract or in tort, or indemnity or whatsoever.
(F) Where damage is alleged to the contents of any package delivered by the Carrier without notation for external damage, it shall in all
circumstances be a prerequisite to Carrier's liability that the Merchant shall first demonstrate its delivery of the contents of the package in actual
good condition at the Carrier's place of receipt. 19. NOTICE OF CLAIM AND TIME FOR SUIT
(G) The column "Final Destination" on the face hereof is solely for the purpose of the Merchants reference and the Carrier's responsibility (A) Unless notice of loss or damage and the general nature of such loss or damage is given in writing to the Carrier at the port of discharge or
in respect to the Goods shall in all cases cease at the time of delivery of the Goods at the port of discharge or place of delivery. place of delivery before or at the time of delivery of the Goods or, if the loss or damage be not apparent, within 3 days after delivery, the
Goods shall be deemed to have been delivered as described in this Bill of Lading.
(B) In any event the Carrier shall be discharged from all liability in respect of non delivery, misdelivery, delay, loss or damage unless suit is
7. MERCHANT'S RESPONSIBILITY brought within one year after delivery of the Goods or the date when the Goods should have been delivered.
(A) Each Merchant shall be responsible for any failure to perform any Merchant's obligations under any of the terms of this Bill of Lading; and
each shall indemnify the Carrier against all liability, loss, damages and expense which the Carrier may sustain or incur arising or resulting from
any such failure of performance by the Merchant or any of them. The responsibility of each Merchant shall not be diminished by the existence
20. LIMITATION OF LIABILITY FOR LOSS OR DAMAGE
of any lien claim on the Goods. (A) All claims for which the Carrier may be liable shall be adjusted and settled on the basis of the Merchant's net invoice cost plus freight
(B) Any reference on the face of the Bill of Lading to any particulars of the Goods is furnished by the Merchant, and the Carrier shall not and insurance premium, if paid.
be responsible for the accuracy thereof. The Merchant warrants to the Carrier that the particulars furnished by him are correct. (B) Unless the nature and value of the Goods have been declared in writing by the Merchant before shipment and inserted in this Bill of
(C) The Merchant shall inspect the containers when the same are furnished by or on behalf of the Carrier, and they shall be deemed to have Lading, and ad valorem freight calculated in the applicable tariff paid in advance;
been accepted by the Merchant as being in sound and suitable condition for the purpose of the transport contracted herein, unless he gives ⅰ) Where Hague Rules apply, the Carrier shall in no event be liable for loss or damage in an amount exceeding the minimum allowable limit
notice to the contrary in writing to the Carrier. per package or unit in the applicable version of the Hague Rules.
(D) The Merchant warrants to the Carrier that the marks on the Goods, package and container correspond to the marks shown on this Bill of ⅱ) Where U.S.COGSA applies, the Carrier shall in no event be or become liable for any loss or damage to or in connection with the Goods in
Lading and also in all respects comply with all laws and regulations in force at the port of discharge or place of delivery, and shall indemnify an amount exceeding US$ 500 per package or, in case of Goods not shipped in packages, per customary freight unit.
the Carrier against all loss, damage, expenses, penalties and fines arising or resulting from incorrectness or incompleteness thereof. (C) Where the Goods has been either packed into container or utilized into similar article of transport by or on behalf of the Merchant, it is
(E) Each Merchant warrants that equipment, whether owned or leased by the Carrier, would be returned to the Carrier within a reasonable expressly agreed that the number of such container or similar article of transport shown on the face hereof shall be considered as the number
time stipulated in the applicable tariff and further promises and agrees to pay equipment detention charges stipulated in the applicable tariff of the package or unit for the purpose of the application of the limitation of liability provided for herein.
including the costs and expenses of recovering the same in case of failure to do so.
21. DELAY, CONSEQUENTIAL LOSS
8. CONTAINERS Save as otherwise provided herein, the Carrier shall in no circumstances be liable for direct, indirect or consequential loss or damage caused by
(A) On any Vessel or other mode of transportation designed to carry containers, the Carrier has the right to carry Goods in containers in any delay or any other cause whatsoever and howsoever caused. Without prejudice to the foregoing, if the Carrier is found liable for delay, liability
area designed for such carriage. When the Goods are carried on deck, the Carrier shall not be required to specially note, mark or stamp any shall be limited to the freight applicable to the relevant stage of the transport.
statement of on deck stowage on the face hereof. The Goods so carried shall be subject to the applicable Hague Rules, Hague/Visby Rules, U.S
COGSA as provided for in Article 2 hereof, and the stowage of such Goods shall constitute under deck stowage for all purposes including 22. GENERAL AVERAGE AND SPECIAL CHARGE
general average.
(A) General Average is to be adjusted, stated and settled at any port or place at the Carrier's option, according to the York-Antwerp Rules 1994
(B) Where the Goods are not already packed into containers at the time of receipt, the Carrier shall be at liberty to pack and carry them in
in the currency selected by the adjuster, who shall be appointed by the Carrier.
any type of container.
(B) The Merchant shall indemnify the Carrier in respect of any claims of a General Average nature which may be made on him and shall
(C) The Merchant shall indemnify the Carrier against any loss of or damage to the Carrier's container or other equipment while in the
provide such security as may be required by the Carrier in this connection.
possession or control of the Merchant, his agents or sub-contractors engaged by or on behalf of the Merchant.
(C) The Amended Jason Clause as approved by the Baltic and International Maritime Conference (BIMCO) is incorporated to this Bill of Lading.
(D) The Carrier shall in no event be liable for and the Merchant shall indemnify and hold the Carrier harmless from and against any loss of or
(D) In case of special charges or expenditures unforeseen by the terms of this Bill of Lading, and not compensable in General Average,
damage to property of other persons or injuries to other persons caused by the Carrier's container or the contents thereof during handling by,
the Merchant shall reimburse the Carrier for all such special charges and expenditures that might be applicable to the Goods.
or while in the possession or control of the Merchant, his agents or sub-contractors.
(E) If any container is delivered sealed by the Merchant to the Carrier, this Bill of Lading is evidence of the receipt only of the number of
containers shown on the Bill of Lading, and the condition and any particulars of the contents are unknown to the Carrier; and the Merchant 23. BOTH TO BLAME COLLISION
warrants that the containers and contents thereof are suitable for handling and carriage. In the event of breach of this warranty, the Carrier If the Vessel comes into collision with another ship as a result of the negligence of the other ship, and any act, neglect or default of the
shall not be responsible for any loss of or damage to or in connection with the Goods and the Merchant shall be liable for loss of or damage to Master, mariner, pilot or the servants of the owner of the Vessel in the navigation or in the management of the Vessel, the Merchant shall
any other property, or for personal injury or the consequences of any other accidents or events whatsoever. If such containers are delivered by indemnify the Carrier against all loss or liability which might be incurred directly or indirectly to the other or non carrying ship or her owners in
the Carrier with seals intact, such delivery shall be full and complete performance of the Carrier's obligation hereunder and the Carrier shall not so far as such loss or liability represents loss of or damage to his Goods or any claim whatsoever of the Merchant paid or payable by the other
be liable for any loss of or damage to the contents of the containers.
or non-carrying ship or her owners to the Merchant and set off, recouped or recovered by the other or non-carrying ship or her owners as part
of their claim against the carrying Vessel or the owner thereof. The foregoing provisions shall also apply where the owners, operators or those
9. SPECIAL CONTAINER in charge of any ship or ships or objects other than, or in addition to, the colliding ships or objects are at fault in respect of a collision or
contact.
(A) The Carrier shall not undertake to carry the Goods in refrigerated, heated, insulated, ventilated or any other special container, unless special
arrangements for the carriage of such Goods or container have been agreed to in writing between the Carrier and the Merchant and unless such
special arrangements are noted on the face of this Bill of Lading and unless special freight as required has been paid. 24. DEVIATION
(B) As regards the Goods which have been agreed to be carried in special container, the Carrier shall exercise due diligence to maintain the No reasonable or customary action taken by the Carrier during the carriage of the Goods shall constitute a deviation, and in particular, no action
facilities of the special container while they are in his actual custody and control, and shall not be liable for any kind of loss of or damage to taken by the Carrier pursuant to the Liberties Clause above shall constitute a deviation if it was taken for the intended benefit of the Vessel, the
the Goods caused by latent defects of the container. Goods, the Goods of others or the general enterprise. It shall be prerequisite to the Merchant's claim for damages on account of deviation that
(C) The Carrier shall not accept responsibility for the function of special container supplied by or on behalf of the Merchant and does the Merchant's insurance shall first have been cancelled on account of the alleged deviation. No deviation shall oust the right to limit liability or
not guarantee the maintenance of any temperature inside the container damages, and the Carrier shall always be entitled to the full benefit of all privilege, rights and immunities in this Bill of Lading and any
(D) If the Goods received by the Carrier is refrigerated container into which the contents have been packed by or on behalf of the Merchant, it incorporated tariffs.
is the obligation of the Merchant to stow the contents properly and set the thermostatic controls exactly. The Carrier shall not be liable for any
loss of or damage to the Goods arising out of or resulting from the Merchant's failure in such obligation and further does not guarantee the
maintenance of the intended temperature inside the container. 25. TARIFF
The terms and conditions of the Carrier's applicable tariff are incorporated herein. Particular attention is drawn to the terms therein relating
to container and vehicle demurrage or detention. Copies of the relevant provisions of the applicable tariff are obtainable from the Carrier or
its agents upon request. In the case of inconsistency between this Bill of Lading and the applicable tariff, this Bill of Lading shall prevail.

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