THE FOLLOWING SYMBOLS WILL BE USED BELOW: (AS ALSO DEFINED IN RULE 29 OF THIS TARIFF)
(PORTS ARE DEFINED AS ANY (VIA) PORT DEFINED UNDER EACH "LOCATION GROUP" AS SHOWN IN THIS TARIFF. WHERE A IS SHOWN BELOW, DESTINATION "POINTS" WITHIN THOSE INDICATED COUNTRIES MAY BE VIA A DESTINATION PORT IN ANOTHER COUNTRY. WHERE A IS SHOWN BELOW, ORIGIN POINTS MAY BE VIA A LOADING POINT IN ANOTHER COUNTRY.)
( "POINTS" ARE DEFINED AS ANY POINT WITHIN THE RESPECTIVE COUNTRIES SHOWN IN THIS TARIFF THAT A.T.F.I. WILL ALLOW TO BE DEFINED FURTHER IN A SPECIFIC T.L.I.)
<E> TO <I> MAY BE VIEWED IN THE "LOCATION GROUPS" SECTION OF THIS TARIFF, COMBINATIONS OF WHICH ARE SHOWN IN THE RESPECTIVE CARGO, N.O.S. TLIs.)
<A> ORIGIN POINTS AND/OR PORTS
<B> ORIGIN POINTS ONLY (VIA ANOTHER COUNTRY'S PORTS)
<C> DESTINATION POINTS AND/OR PORTS
<D> DESTINATION POINT ONLY (VIA ANOTHER COUNTRY'S PORTS)
<E> COVERED UNDER EUROPE CARGO, N.O.S. RATES (TURKEY AND THE UNION OF SOVIET SOCIEALIST REPUBLICS ARE COVERED UNDER BOTHER EUROPE AND ASIA, ACCORDING TO WHICH CONTINENT THE RESPECTIVE (VIA) PORT IS LOCATED.)
<F> COVERED UNDER ASIAN AND SOUTH PACIFIC CARGO, N.O.S. RATES (SEE NOTE ABOVE FOR TURKEY AND THE UNION OF SOVIET SOCIALIST REPUBLICS).
<G> COVERED UNDER FAR EAST CARGO, N.O.S. RATES (INBOUND CARGO TO THE U.S.A.)
<H> COVERED UNDER AFRICA CARGO, N.O.S. RATES
<I> COVERED UNDER NORTH & SOUTH AMERICA CARGO, N.O.S. RATES INBOUND SHIPMENTS: FROM WORLD POINTS AND PORTS AS (BY COUNTRIS) DEFINED BELOW TO U.S.A. POINTS AND PORTS)
<A> <I> ARGENTINA
<A> <E> BELGIUM
<A> <I> BRAZIL
<A> <I> CHILE
<B> <G> CHINA
<A> <E> FRANCE
<A> <E> GERMANY
<A> <G> HONG KONG
<A> <E> IRELAND
<A> <E> ITALY
<A> <E> LUXEMBOURG
<A> <E> NETHERLANDS
<A> <E> PORTUGAL
<A> <G> SINGAPORE
<A> <H> SOUTH AFRICA
<A> <E> SPAIN
<A> <E> UNITED KINGDOM
<A> <I> URUGUAY
<A> <I> VENEZUELA
OUTBOUND SHIPMENTS: (FROM U.S.A. POINTS AND PORTS TO WORLD POINTS AND PORTS AS DEFINED BELOW)
TO EUROPE: (<E> APPLIES TO ALL COUNTRIES BELOW)
<C> ALBANIA
<D> ANDORRA
<D> AUSTRIA
<C> BELGIUM
<C> BULGARIA
<D> CZECHOSLOVAKIA
<C> DENAMRK
<C> FINALND
<C> FRANCE
<C> GERMANY
<C> GIBRALTAR (UNITED KINGDOM)
<C> GREECE
<D> HUNGARY
<C> ICELAND
<C> IRELAND
<C> ITALY
<D> LIECHTENSTEIN
<D> LUXEMBOURG
<C> MALTA
<C> MONACO
<C> NETHERLAND
<C> NORWAY
<C> POLAND
<C> PORTUGAL
<C> ROMANIA
<D> SAN MARINO
<C> SPAIN
<C> SWEDEN
<C> SWITZERLAND (BASLE "PORT" DEFINED)
<C> TURKEY (VIA EUROPE PORTS ONLY)
<C> UNION OF SOVIET SOCIALIST REPUBLICS (VIA EUROPE PORTS ONLY)
<C> UNITED KINGDOM
<D> VATICAN CITY
<C> YUGOSLAVIA
TO ASIA:
<D> AFGHANISTAN
<C> AUSTRIALIA
<C> BAHRAIN
<C> BANGLADESH
<D> BHUTAN
<C> BRUNEI
<C> BURMA
<C> CHINA
<C> CYPRUS
<C> FIJI
<C> HONG KONG
<C> INDIA
<C> INDONESIA
<C> IRAN
<C> ISRAEL
<C> JAPAN
<C> JORDAN
<C> KIRIBATI
<C> KOREA, REPUBLIC OF (SOUTH KOREA)
<C> KUWAIT
<C> LEBANON
<C> MALAYSIA
<C> MALDIVES
<D> MONGOLIA
<C> NAURU
<D> NEPAL
<C> NEW ZEALAND
<C> OMAN
<C> PAKISTAN
<C> PAUA, NEW GUINEA
<C> PHILIPPINES
<C> QATAR
<C> SAUDI ARABIA
<C> SINGAPORE
<C> SRI LANKA
<C> SYRIA
<C> TAIWAN
<C> THAILAND
<C> TONGA
<C> TURKEY (VIA ASIA PORTS ONLY)
<C> TUVALU
<C> UNION OF SOVIET SOCIALIST REPUBLICS (VIA ASIA PORTS ONLY)
<C> UNITED ARAB EMIRATES
<C> VANUATU
<C> WESTERN SAMOA
<C> YEMEN
TO AFRICA:
<C> ALGERIA
<C> BENIN
<D> BOTSWANA
<C> CAMEROON
<C> CONGO
<C> DJIBOUTI
<C> EGYPT
<C> EQUATORIAL GUINEA
<C> ETHIOPIA
<C> GABON
<C> GAMBIA
<C> GHANA
<C> GUINEA
<C> IVORY COAST
<C> KENYA
<D> LESOTHO
<C> LIBERIA
<C> MADAGASCAR
<D> MALAWI
<C> MAURITANIA
<C> MOROCCO
<C> MOZAMBIQUE
<C> NIGERIA
<C> SENEGAL
<C> SEYCHELLES
<C> SIERRA LEONE
<C> SOMALIA
<C> SOUTH AFRICA
<C> SUDAN
<D> SWAZILAND
<C> TANZANIA
<C> TOGO
<C> TUNISIA
<C> ZAIRE
<D> ZAMBIA
<D> ZIMBABWE
TO NORTH & SOUTH AMERICA (EXCLUDING USA AS A DESTINATION PORT OR POINT): (<I> APPLIES TO ALL COUNTRIES BELOW)
<C> ARGENTINA
<C> BAHAMAS
<C> BELIZE
<C> BERMUDA
<D> BOLIVIA
<C> BRAZIL
<C> CANADA
<C> CHILE
<C> COLOMBIA
<C> COSTA RICA
<C> DOMINICAN REPUBLIC
<C> ECUADOR
<C> EL SALVADOR
<C> FRENCH GUYANA
<C> GRENADA
<C> GUATEMALA
<C> GUYANA
<C> HAITI
<C> HONDURAS
<C> JAMAICA
<C> MEXICO
<C> NICARAGUA
<C> PANAMA
<D> PARAGUAY
<C> PERU
<C> SURINAME
<C> TRINIDAD AND TOBAGO
<C> URUGUAY
<C> VENEZUELA
RULE 1 SUB-RULE: 1 NAME: INTERMODALISM THROUGH (PORT TO POINT, POINT TO POINT, PR POINT TO PORT) RATES IN THIS TARIFF WILL APPLY FROM THE APPLICABLE UNITED STATES PORTS OR POINTS TO INLAND POINTS OR PORTS THROUGHOUT THE WORLD AS SHOWN IN THE INDIVIDUAL TLIs. THEY WILL ALSO APPLY ON INBOUND SHIPMENTS TO THE UNITED STATES, WHERE EITHER THE ORIGIN OR DESTINATION (OR BOTH) IS FROM/TO A POINT. THE INDIVIDUAL TLIs WILL SHOW THE EXACT POINT(S) AT ORIGIN OR DESTINATION. SUCH RATES WILL BE INCLUSIVE OF ALL CHARGES PERTINENT TO THE TRANSPORTATION OF CARGO (INCLUDING TERMINAL CHARGES AND ANY TLI ASSIGNED ACCESSORIALS), BUT NOT INCLUDING CUSTOMS CLEARANCE ASSESSMENTS EXCEPT AS PROVIDED BY THE INDIVIDUAL TLIs.
THE CARRIER WILL ACCEPT CARGO ORIGINATING OUTSIDE THE COMMERCIAL ZONE OF THE U.S. PORTS (OUTBOUND CARGO) PROVIDED THE SHIPPER OBTAINS TRANSPORTATION FROM SUCH INLAND POINTS TO CARRIER'S PORT TERMINAL, AND ALL RATES AND CHARGES INCURRED ARE FOR THE ACCOUNT OF THE CARGO.
FOR MOVEMENT OF CARGO FROM FOREIGN PORTS OF DISCHARGE TO FINAL DESTINATION INLAND, OR FROM FOREIGN POINTS OF ORIGIN TO THE FOREIGN PORTS OF LOADING, CARRIER OR ITS AGENT WILL ARRANGE FOR TRANSPORTATION VIA OVERLAND CARRIER(S), WHERE THE OVERLAND RATES AND CHARGES ARE TO BE INCLUDED IN THE PUBLISHED "THROUGH RATE." FOREIGN OVERLAND CARRIERS WILL BE UTILIZED ON AN AVAILABILITY OF SERVICE BASIS AND NOT RESTRICTED TO ANY PREFERRED CARRIERS EXCEPT AS CARRIER DEEMS NECESSARY TO GUARANTEE SAFE AND EFFICIENT MOVEMENT OF SAID CARGO.
CARRIER SHALL NOT BE OBLIGATED TO TRANSPORT THE GOODS IN ANY PARTICULAR CONTAINER OR BY ANY PARTICULAR VESSEL, TRAIN, MOTOR OR AIR CARRIER, OR IN TIME FOR MARKET OTHERWISE THAN WITH REASONABLE DISPATCH. SELECTION OF WATER CARRIER, RAILWAYS, MOTOR OR AIR CARRIERS USED FOR ALL OR ANY PORTION OF THE TRANSPORTATION OF THE GOODS SHALL BE WITHIN THE SOLE DISCRETION OF THE CARRIER.
CARRIER ASUMES THE SAME LEVEL OF LIABILITY FOR ANY INTERMODAL MOVES COVERED UNDER ITS BILL OF LADING AS FOR PORT TO PORT OCEAN SHIPMENTS.
THIS APPLIES FOR INTERMODAL MOVES BOTH IN THE UNITED STATES AND TO/FROM FOREIGN POINTS.
RULE: 2 SUB-RULE: NAME: APPLICATION OF RATES AND CHARGES
A. RATES PUBLISHED HEREIN ARE STATED IN UNITED STATES DOLLARS AND CENTS AND APPLY AS FOLLOWS:
FROM WORLD POINTS AND PORTS AS SPECIFICALLY DEFINED IN RULE 1 "SCOPE" WITHIN THIS TARIFF, PER ONE (1) CUBIC METER OR 1000 KILOGRAMS (1 METRIC TON), WHICHEVER YIELDS THE GREATER REVENUE.
WHERE THE LETTER "W" (WEIGHT) APPEARS FOLLOWING A COMMODITY WEIGHT, RATES ARE APPLICABLE WITHOUT REGARD TO MEASUREMENT.
WHERE THE LETTER "M" (MEASUREMENT) APPEARS FOLLOWING A COMMODITY MEASUREMENT, RATES ARE APPLICABLE WITHOUT REGARD TO MEASUREMENT.
B. THE RATES IN THIS TARIFF APPLY FROM OCEAN CARRIERS TERMINAL AT PORT OF LOADING OR INTERIOR POINT OF LOADING TO CARRIERS TERMINAL OR THE TERMINAL OF CARRIERS AGENT AT PORT OR POINT OF DESTINATION.
C. UNLESS OTHERWISE SPECIFICALLY PROVIDED FOR HEREIN INCLUDE LIGHTERAGE AT DESTINATION PORTS. ANY TOLLAGE, WHARFAGE, HANDLING ND/OR OTHER CHARGES ASSESSED AGAINST THE CARGO AT THE PORT/POINT OF LOADING WILL BE FOR THE ACCOUNT OF THE SHIPPER OR CONSIGNEE.
D. ALL FREIGHT RATES AND OTHER CHARGES SHALL BE BASED ON ACTUAL GROSS WEIGHT AND/OR ACTUAL OVERALL MEASUREMENT OF EACH PIECE OR PACKAGE EXCEPT AS OTHERWISE PROVIDED.
E. ALL PROPERTY TO BE TRANSPORTED SHALL BE RECEIVED, HELD, CARRIED, AND TRANSPORTED SHALL BE RECEIVED, HELD, CARRIED, AND DELIVERED SUBJECT TO THE DOCK RECEIPT, AND BILL OF LADING OF THE CARRIER INVOLVED.
F. WHERE A SHIPMENT COMPRISES A NUMBER OF PIECES OR PACKAGES OF A COMMODITY, ONLY PART OF WHICH ARE OF A VALUE NOT EXCEEDING THE LIMITATION INDICATED, SHIPPERS STATEMENT IN THE BILL OF LADING MUST CLEARLY SHOW BY MARKS AND NUMBERS THOSE PIECES OR PACKAGES ENTITLED TO THE LOWER BASIS, INDICATING RESPECTIVE WEIGHTS THEREOF. WHERE NO STATEMENT OF VALUE IS INSERTED BY THE SHIPPER IN THE BILL OF LADING AS ABOE, THE ACTUAL VALUE OF THE MERCHANDISE WILL BE CONSTRUED AS IN EXCESS OF ANY LIMITATION AT WHICH A LOWER BASIS IS APPLICABLE AND THE SHIPMENT WILL BE FREIGHT AT THE HIGHEST RATE PROVIDED FOR THE COMMODITY OR AT THE CARGO N.O.S. RATE IF NO SPECIFIC RATE IS PROVIDED FOR THE COMMODITY OR AT THE CARGO N.O.S. RATE IF NO SPECIFIC RATE IS PROVIDED FOR AN EXCESS VALUATION.
G. WHEREVER RATES ARE PROVIDED FOR ON COMMODITIES NAMED HEREIN THE SAME BASIS WILL ALSO BE APPLICABLE ON PARTS OF SUCH COMMODITIES WHEN SO DESCRIBED ON THE OCEAN BILL OF LADING EXCEPT WHERE SPECIFIC RATES ARE PROVIDED FOR SUCH PARTS.
H. WHEREVER IN THIS TARIFF RATES ARE PROVIDED AS APPLYING ON MINIMUM LOTS OR QUANTITIES, SUCH RATES UNLESS OTHERWISE PROVIDED HEREIN, WILL BE APPLICABLE ONLY WHERE THE MINIMUM QUANTITY SPECIFIED IS FORWARDED ON ONE VESSEL BY ONE BILL OF LADING TO ONE CONSIGNEE AND NOTIFY PARTY AT ONE PORT/POINT OF DESTINATION. WHERE THIS RULE IS APPLICABLE TO THE FREIGHT AND CHARGES ON QUANTITIES LESS THAN A SPECIFIED MINIMUM SHALL NOT EXCEED THE FREIGHT AND CHARGES APPLICABLE TO THE NEXT HIGHER MINIMUM.
I. WHEREVER THIS TARIFF PROVIDES DIFFERENT RATES ON A COMMODITY DEPENDENT UPON TYPE OF KIND AND ADEQUATE DESCRIPTION IS NOT STATED IN THE BILL OF LADING, IT WILL BE ASSUMED THAT IT IS OF A TYPE OR KIND SUBJECT TO THE HIGHEST OF RATES PROVIDED ON THE COMMODITY AND FREIGHT WILL BE ASSESSED ACCORDINGLY.
J. ADVERTISING MATTER, NOT INCLUDING STATIONERY OR GIFT ARTICLES, IF SHIPPED WITH THE GOODS ADVERTISED IN THE SAME PACKAGE OR IN SEPARATE PACKAGE OR PACKAGES, AND NOT EXCEEDING FIVE PERCENT (5%) OF THE WEIGHT OR MEASUREMENT OF THE SHIPMENT AS CARGO IS FREIGHTED, WILL TAKE THE RATE APPLICABLE TO THE GOODS ADVERTISED, WITH RATES PROVIDED ON "ADVERTISING MATTER" AS A MAXIMUM.
K. RATES OR RATING PUBLISHED HEREIN, UNLESS OTHERWISE SPECIFICALLY PROVIDED, WILL NOT APPLY ON PRECIOUS METALS OR ARTICLES MADE THEREOF.
L. RATES AS SHOWN HEREIN DO NOT INCLUDE MARINE INSURANCE.
M. METHODS OF SERVICE:
SERVICE WILL BE PERFORMED UNDER THIS TARIFF BY UTILIZING ONE OF THE FOLLOWING METHODS:
1. APPLICATION OF LOCAL ALL WATER (PORT TO PORT) RATES: RATES APPLY FROM END OF SHIPS TACKLE AT PORT OF LOADING TO END OF SHIPS TACKLE AT PORT OF DISCHARGE, AND, UNLESS OTHERWISE SPEFICALLY PROVIDED WITHIN INDIVIDUAL COMMODITY DESCRIPTION, NOT INCLUDE TERMINAL HANDLING, WHARFAGE, MARINE INSURANCE, OR ANY OTHER ACCESSORIAL CHARGES WHICH ARE ESTABLISHED BY CUSTOMS OF THE PORT, LOCAL PORT TARIFFS, OR BY THE U.S. CUSTOMS SERVICE, AND ACCESSORIAL CHARGES WHICH ARE ASSESSED AGAINST THE CARGO WILL BE FOR THE ACCOUNT OF THE CARGO EVEN IF THE CARRIER IS RESPONSIBLE FOR THE COLLECTION THEREOF.
2. THROUGH RATE APPLICATION ("INTERMODALISM") TEXT RANSFERRED TO RULE 1, SUB-RULE 1.
N. WHENEVER DIFFERENT RATES OR RATING ACCORDING TO THE VALUE OF OF A COMMODITY ARE PROVIDED HEREIN IT SHALL BE UNDERSTOOD THAT THE VALUE SPECIFIED, UNLESS OTHERWISE STATED, IS THE ACTUAL VALUE PER TON OF (1) CUBIC METER OR 1000 KILOGRAMS (1 METRIC TON) AS CARGO IS FREIGHTED, AND WHERE RATES ARE SPECIFIED AS APPLICABLE ON ARTICLES DESCRIBED AS "COMMON," SUCH RATES WILL BE APPLIED ONLY WHEN SHIPMENTS ARE SO DESCRIBED AND WHEN THE ACTUAL VALUE IS NOT IN EXCESS OF USD 500.00 PER TON OF 1 CUBIC METER OR 1000 KILOGRAMS AS FREIGHTED. THE LOWER BASIS IS AVAILABLE ONLY WHEN THE ACTUAL VALUE OF SUCH COMMODITY DOES NOT EXCEED THE LIMITATION INDICATED AND WHERE STATEMENT TO THAT EFFECT IS INSERTED BY THE SHIPPER IN THE BILL OF LADING AND IS IN ACCORDANCE WITH THE VALUE SWORN TO IN THE SHIPPERS EXPORT DECLARATION.
RULE 2 SUB-RULE: 1
NAME: RESERVED
NOT APPLICABLE.
RULE: 2 SUB-RULE; 2
NAME: TERMINAL HANDLING/RECEIVING CHARGE (T.H.C. or T.R.C.) WHERE A U.S. TERMINAL HANDLING CHARGE (T.H.C. OR T.R.C.) IS NOT INCLUDED IN A PARTICULAR TLI ALL-INCLUSIVE RATE (BASE RATE), IT WILL BE SHOWN AS AN ACCESSORIAL AT THE TLI LEVEL.
RULE: 2 SUB-RULE: 3
NAME: FRACTIONAL INCHES
ALL FRACTIONS UNDER ONE HALF INCH SHALL BE DROPPED. ALL FRACTIONS OVER ONE HALF INCH SHALL BE TAKEN TO THE NEXT FULL INCH, WHERE A FRACTION OF EXACTLY ONE HALF INCH OCCURS IN TWO DIMENSIONS THE ONE ON THE SMALLER DIMENSION SHALL BE TAKEN TO THE FULL INCH AND THE OTHER DROPPED. HOWEVER, IF BOTH DIMENSIONS ARE EQUAL, INCREASE ONE FRACTION TO THE NEXT INCH AND DROP THE OTHER. WHERE FRACTIONS OF EXACTLY ONE HALF INCH OCCUR IN THREE DIMENSIONS, THOSE ON THE LARGEST AND SMALLEST DIMENSIONS SHALL BE TAKEN TO THE NEXT INCH AND THE OTHER DROPPED. HOWEVER, OF ALL THREE DIMENSIONS ARE EQUAL, INCREASE TWO OF THE FRACTIONS TO THE NEXT FULL INCH AND DROP THE OTHER.
RULE: 2 SUB-RULE: 4
NAME: SHIPPER LOAD AND COUNT
WHEN TRAILER/CONTAINERS AR STUFFED BY THE SHIPPER OR ITS AGENT AND SEALED, CARRIER WILL ACCEPT SAID SHIPMENTS SUBJECT TO "SHIPPERS LOAD AND COUNT" AND BILL OF LADING SHALL BE SO CLAUSED AND:
A. CARRIER WILL NOT BE RESPONSIBLE EITHER DIRECTLY OR INDIRECTLY FOR DAMAGE RESULTING FROM IMPROPER STUFFING OR MIXING OF ARTICLES IN CARRIERS CONTAINER OR ANY DISCREANCY IN COUNT OR CONSEALED DAMAGE TO ARTICLES.
B. CARRIER WILL NOT BE RESPONSIBLE FOR ANY SPOILAGE OR DETERIORATION OF GOODS WHEN SUCH GOODS ARE TENDERED TO CARRIER ON A "SHIPPERS LOAD AND COUNT" BILL OF LADING IN A NON-INSULATED CONTAINER NOT EQUIPPED WITH REFRIGERATION AND OR VENTILATING APPARATUS.
C. SHIPPER SHALL FURNISH CARRIER WITH A CERTIFIED COPY OF A LIST OF CONTENTS SHOWING DESCRIPTION OF GOODS, GROSS WEIGHT AND CUBIC MEASUREMENTS OF THE CONTENTS OF A CONTAINER AND SO INDICATED ON THE BILL OF LADING.
D. WHEN TRAILER/CONTAINER STUFFED WITH GOODS MOVING SUBJECT TO SHIPPER LOAD AND COUNT ARE DELIVERED, CONSIGNEE OR ITS AGENT MUST FURNISH CARRIER WITH A CLEAN RECEIPT PRIOR TO RELEASE OF TRAILER/CONTAINER OR CONTENTS FOR DELIVERY. RULE; 2 SUB-RULE: 5
NAME: ADVANCE CHARGES
WHEN SPECIFICALLY REQUESTED BY SHIPPER, CONSIGNEE OR THEIR AUTHORIZED REPRESENTATIVE, THE CARRIER MAY ACCEPT AN INVOICE FOR INLAND FREIGHT CHARGES, FORWARDING FEES, BANKING, INSURANCE, AND/OR OTHER CHARGES DIRECTLY RELATED TO A SHIPMENT COVERED BY A J.S. CONNOR CONTAINER LINE BILL OF LADING, PROVIDED;
A. CARRIER IS NOTIFIED OF THE CHARGES TO BE ADVANCED NOT LATER THAN FIVE (5) WORKING DAYS AFTER THE SAILING DATE OF THE SHIPMENT.
B. THE INVOICE DOES NOT INCLUDE THE COST OF THE GOODS THEMSELVES. THESE CHARGES WILL BE ADVANCED AND TOTAL CHARGES SHOWN ON CARRIER'S BILL OF LADING. CARRIER WILL NOT RELEASE SHIPMENT TO CONSIGNEE NOR PAY THE INVOICE(S) UNTIL FULL CHARGES HAVE BEEN COLLECTED BY J. S. CONNOR CONTAINERLINE OR THEIR AGENT. CARRIER WILL DELETE ADVANCE CHARGES AT THE REQUEST OF THE ORIGINATOR AT ANY TIME PRIOR TO THE DATE OF COLLECTION FROM THE CONSIGNEE.
RULE: 2 SUB-RULE; 6
NAME; FREIGHT LIABLE TO DAMAGE OTHER CARGO
THE OCEAN CARRIER SHALL HAVE THE RIGHT TO REFUSE TO ACCEPT ANY CARGO OFFERED FOR SHIPMENT WHICH IS LIABLE TO DAMAGE ANY OTHER CARGO OR THE VESSEL.
RULE: 2 SUB-RULE; 7
NAME: METHOD OF COMPUTING FREIGHT CHARGES FOR WM CARGO
THIS SUB-RULE DOES NOT APPLY TO AD VALOREM (AV), LUMOSUM (LS), EACH (EA), OR PER THOUSAND BOARD FEET (MBF) METHODS OF COMPUTING FREIGHT CHARGES. RATES WITHIN THIS TARIFF ARE COMPUTED PER ONE (1) CUBIC METER OR 1000 KILOGRAMS (1 METRIC TON), WHICHEVER YIELDS THE GREATER REVENUE, UNLESS INDIVIDUAL TLIs ARE EITHER JUST WEIGHT (W) OR MEASUREMENT (M) BASIS.
A. WEIGHT CARGO:
FOR CARGO ON WHICH CHARGES ARE ASSESSED ON A WEIGHT BASIS, CHARGES SHALL BE ASSESSED ON THE GROSS WEIGHT OF THE INDIVIDUAL PACKAGES (SHIPPING UNITS) IN KILOGRAMS TO DETERMINE THE TOTAL METRIC TONS.
B. MEASUREMENT CARGO;
FOR CARGO ON WHICH CHARGES ARE ASSESSED ON A MEASUREMENT BASIS, CHARGES SHALL BE ASSESSED ON THE GROSS MEASUREMENT OF THE INDIVIDUAL PACKAGES (SHIPPING UNITS) IN CUBIC METERS TAKING THREE DECIMAL PLACES INTO ACCOUNT.
RULE: 2 SUB-RULE: 8
NAME: MIXED SHIPMENT/F.A.K.
IN ALL CASES, WHEN ANY INDIVIDUAL BILL OF LADING DETAILS THE SHIPMENT OF 3(THREE) OR MORE UNLIKE ITEMS, AND NO ONE ITEM EXCEEDS FIFTY PERCENT (50%) OF THE TOTAL SHIPMENT, MIXED COMMODITY OR F.A.K. RATES WILL APPLY AS FILED IN THE RATES SECTION OF THIS TARIFF.
RULE 3 SUB-RULE:
NAME: RATE APPLICABILITY RULE
THE EFFECTIVE DATE OF CHAGES FOR TARIFF RATES, TARIFF RULES AND TARIFF CHARGES ARE THOSE PUBLISHED AND IN EFFECT ON THE DATE THE CARGO IS RECEIVED BY J.S. CONNOR CONTAINERLINE OR ITS AGENT (TO INCLUDE INITIAL CARRIAGE TO THE LOADING PIER/PORT IF A THROUGH RATE).
RULE: 4 SUB-RULE:
NAME: HEAVY LIFT
NOT APPLICABLE
RULE: 5 SUB-RULE;
NAME: EXTRA LENGTH
NOT APPLICABLE.
RULE: 6 SUB-RULE;
NAME: MINIMUM BILL OF LADING CHARGES
MINIMUM BILL OF LADING CHARGES WILL APPLY TO ALL W/M, W, M, AV, EA, MBF, AND LS SHIPMENTS. MINIMUMS WILL NOT APPLY TO CONTAINERIZED CARGO (PC).
WM - WEIGHT (1000 KGS/MEASUREMENT (1 CBM)
W - WEIGHT CARGO
M - MEASUREMENT CARGO
AV - AD VALOREM RATED CARGO
EA - EACH RATED CARGO
MBF - PER THOUSAND BOARD-FEET CARGO (LUMBER)
LS - LUMPSUM CARGO
PC - PER CONTAINER CARGO
ALL MINIMUMS WILL BE SHOWN ATR THE TLI LEVEL. ALL MINIMUMS, WHEN SHOWN ON THE BILLS OF LADING, WILL BE WHOLE DOLLAR FIGURES, ROUNDED TO THE NEAREST WHOLE DOLLAR.
RULE: 7 SUB-RULE;
NAME: PAYMENT OF FREIGHT CHARGES
ALL FREIGHT AND CHARGES MUST BE PREPAID IN THE CURRENCY OF THE UNITED STATES. COLLECT SHIPMENTS ARE ACCEPTABLE ONLY WITH PRIOR APPROVAL FROM THE CARRIER. REQUEST FOR COLLECT FREIGHT CHARGE SHIPMENTS MUST BE MADE AT THE TIME THE CARGO IS BOOKED AND SO STATED ON THE BILL OF LADING. UNLESS THE SHIPPER OR CONSIGNEE HAS SUFFICIENT CREDIT WITH J.S. CONNOR CONTIANER LINE OR THE CONSIGNEE WITH OUR AGENT OVERSEAS, SHIPMENT(S) WILL BE HELD AT THE DESTINATION PORT AWATING PAYMENT. FOR DOOR-DELIVERED SHIPMENTS, SUCH SHIIPMENTS WILL BE HELD AT THE DESTINATION PORT OR TERMINAL AWAITING PAYMENT PRIOR TO FINAL DELIVERY. PROVIDING CREFDIT TO ANY SHIPPER OR CONSIGNEE WILL BE AT MANAGEMENT DISCRETION.
RULE: 8 SUB-RULE:
NAME: BILL(S) OF LADING
ALL THIRTY FOUR (34) CLAUSES OF TH J.S. CONNOR CONTAINER LINE BILL OF LADING ARE SHOWN IN THE SUB-RULES TO THIS RULE. EACH NUMBERED CLAUSE IS ASSIGNED THE SAME SUB-RULE NUMBER.
RULE: 8 SUB-RULE: 1
NAME: B/L CLAUSE 1
1.
A) EXCEPT AS OTHERWISE PROVIDED HEREIN, THIS BILL OF LADING SHALL HAVE EFFECT SUBJECT TO THE PROVISIONS OF THE CARRIAGE OF GOODS BY SEA ACT THE UNITED STATES OF AMERICA, APPROVED APRIL 16, 1936, WHICH SHALL BE DEEMED TO BE INCORPORATED HEREIN, AND NOTHING HEREIN CONTAINED SHALL BE DEEMED A SURRENDER BY THE CARRIER OF ANY OF ITS RESPONSIBILITIES OR LIABILITIES UNDER SAID ACT, THE PROVISIONS STATED IN SAID ACT (EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED HEREIN) SHALL GOVERN BEFORE LOADING ON AN AFTER DISCHARGE FROM THE VESSEL AND THROUGHOUT THE ENTIRE TIME THE GOODS ARE IN THE CUSTODY OF THE CARRIER. IF THIS BILL OF LADING IS ISSUED OR DELIVERED IN A LOCALITY WHERE THERE IS IN FORCE A COMPULSORILY APPLICABLE CARRAIGE OF GOODS BY SEA ACT. ORDINANCE OR STATUTE OF NATURE SIMILAR TO THE INTERNATIONAL CONVENTION FOR THE UNIFICATION OF CERTAIN RULES RELATING TO BILLS OF LADING DATED AT BRUSSELS, AUGUST 25, 1924. IT SHALL BE SUBJECT TO THE PROVISIONS OF SAID ACT, ORDINANCE OR STATUTE AND RULES THERETO ANNEXED.
B) THE CARRIER SHALL BE ENTITLED TO THE FULL BENEFIT OR, AND RIGHT TO, ALL LIMITATIONS OF OR EXCEPTIONS OF LIABILITY AUTHORIZED BY ANY PROVISIONS OF SECTIONS 4281 TO 4288 INCLUSIVE, OF THE REVISED STATUTES OF THE UNITED STATES AND AMENDMENTS THERETO AND OF ANY OTHER PROVISIONS OF THE LAWS OF THE UNITED STATES OR OF ANY OTHER COUNTRY WHOSE LAWS SHALL APPLY.
RULE: 8 SUB-RULE: 2
NAME: B/L CLAUSE 2
2. IN THIS BILL OF LADING
(A) "CARRIER" MEANS AND INCLUDES J. S. CONNOR CONTAINER LINE, THE CARRIER NAMED ON THE FACE SIDE HEREOF, THE VESSEL, HER OWNER, MASTER, OPERATOR, DEMISE CHARTERER, AND IF BOUND HEREBY, THE TIME CHARTERER, AND ANY SUBSTITUTE CARRIER WHETHER THE OWNER, OPERATOR, CHARTERER OR MASTER SHALL BE ACTING AS CARRIER OR BAILEE.
(B) "VESSEL" MEANS AND INCLUDES THE OCEAN VESSEL ON WHICH THE GOODS ARE SHIPPED, NAMED ON THE FACE HEREOF, OR ANY SUBSTITUTE VESSEL, ALSO ANY LEADERSHIP, FERRY, BARGE, LIGHTER OR ANY OTHER WATERCRAFT USED BY THE CARRIER IN THE PERFORMANCE OF THIS CONTRACT.
(C) "MERCHANT" MEANS AND INCLUDES THE SHIPPER, THE CONSIGNEE, THE RECEIVER, THE HOLDER OF THIS BILL OF LADING, THE OWNER OF THE GOODS OR PERSON ENTITLED TO THE POSSESSION OF THE GOODS AND THE SERVANTS OR AGENTS OF ANY OF THESE.
(D) "CHARGES" MEANS AND INCLUDES FREIGHT AND ALL EXPENSES AND MONEY OBLIGATIONS INCURRED AND PAYABLE BY THE MERCHANT.
(E) "GOODS" MEANS AND INCLUDES FREIGHT AND ALL EXPENSES AND MONEY OBLIGATIONS INCURRED AND PAYABLE BY THE MERCHANT.
(F) "CONTAINER" MEANS AND INCLUDES ANY CONTAINER, VAN, TRAILER, TRANSPORTABLE TANK, FLAT, PALLET OR ANY SIMILAR ARTICLE OF TRANSPORT.
(G) "PERSON" MEANS AND INCLUDES AN INDIVIDUAL, CORPORATION, PARTNERSHIP OR OTHER ENTITY AS THE CASE MAY BE.
(H) "PARTICIPATING CARRIER" MEANS AND SHALL INCLUDE ANY OTHER WATER, LAND OR AIR CARRIER PERFORMING ANY STAGE OF COMBINED TRANSPORT.
RULE: 8 SUB-RULE: 3
NAME: B/L CLAUSE 3
3. IT IS UNDERSTOOD AND AGREED THAT OTHER THAN THE SAID CARRIER, NO PERSON WHATSOEVER (INCLUDING THE MASTER, OFFICERS AND CREW OF THE VESSEL, ALL SERVANTS, AGENTS, EMPLOYEES, REPRESENTATIVE AND ALL STEVEDORES, TERMINAL OPERATORS, CRANE OPERATORS, WATCHMEN, CARPENTERS, SHIP CLEANERS, SURVEYORS AND OTHER INDEPENDENT CONTRACTORS WHATSOEVER) IS OR SHALL BE DEEMED TO BE LIABLE WITH RESPECT TO THE GOODS AS CARRIER, BAILEE OR OTHERWISE HOWSOEVER, IN CONTRACT OR IN TORT. IF, HOWEVER, IT SHOULD BE ADJUDGED THAT ANY OTHER THAN SAID CARRIER IS UNDER ANY RESPONSIBILITY WITH RESPECT TO THE GOODS, ALL LIMITATIONS OF AND EXONERATIONS FROM LIABILITY PROVIDED BY LAW OR BY THE TERMS HEREOF SHALL BE AVAILABLE TO SUCH OTHER PERSONS AS HEREIN DESCRIBED. IN CONTRACTING FOR THE FOREOING EXEMPTIONS, LIMITATIONS AND EXONERATIONS FROM LIABILITY, THE CARRIER IS ACTING AS AGENT AND TRUSTEE FOR AND ON BEHALF OF ALL PERSONS DESCRIBED ABOVE, ALL OF WHOM SHALL TO THIS EXTENT BE DEEMED TO BE A PARTY TO THIS CONTRACT EVIDENCED BY THIS BILL OF LADING, IT BEING ALWAYS UNDERSTOOD THAT SAID BENEFICIARIES ARE NOT ENTITLED TO ANY GREATER OR FURTHER EXEMPTIONS, LIMITATIONS OR EXONERATIONS FROM LIABILITY THAN THOSE THAT THE CARRIER HAS UNDER THIS BILL OF LADING IN ANY GIVEN SITUATION.
4. SUBJECT TO THE RIGHTS, PRIVILEGES, AND LIMITATIONS OF AND EXONERATIONS FROM LIABILITY GRANTED TO THE OCEAN CARRIER UNDER THIS BILL OF LADING OR BY LAW, ANY LIABILITY BY THE RESPECTIVE PARTICIPATING CARRIERS FOR LOSS OR DAMAGE TO THE GOODS OR PACKAGES CARRIED HEREUNDER SHALL BE GOVERNED BY THE FOLLOWING:
(A) IF LOSS OR DAMAGE OCCURS WHILE THE GOODS OR PACKAGES ARE IN THE CUSTODY OF THE OCEAN CARRIER, ONLY THE OCEAN CARRIER SHALL BE RESPONSIBLE THEREFORE, AND ANY LIABILITY OF THE OCEAN CARRIER SHALL BE DETERMINED BY THE TERMS AND CONDITIONS OF THIS BILL OF LADING AND ANY LAW COMPUSORILY APPLICABLE.
(B) IF LOSS OR DAMAGES OCCUR WHILE THE GOODS OR PACKAGES ARE IN THE CUSTODY OF A PARTICIPATING DOMESTIC OR FOREIGN CARRIER, ONLY THE PARTICIPATING DOMESTIC OR FOREIGN CARRIER(S) SHALL BE RESPONSIBLE THEREFORE, AND ANY LIABILITY OF SUCH PARTICIPATING DOMESTIC OR FOREIGN CARRIER(S) SHALL BE DETERMINED, INRESPECTIVE ORDER, BY THE TERMS AND CONDITIONS AND PROVISIONS OF THE APPLICABLE PARTICIPATING DOMESTIC OR FOREIGN CARRIER'S BILL(S) OF LADING WHETHER ISSUED OR NOT, TARRIFF(S) AND LAW COMPULSORILY APPLICABLE IN THE CIRCUMSTANCES.
(C) NOTWITHSTANDING SUBDIVISION (A) AND (B) HEREOF, IT IS CONTEMPLATED THAT THE GOODS OR PACKAGES WILL FROM TIME TO TIME BE CARRIER IN THROUGH TRANSPORTATION THAT WILL INCLUDE INLAND TRANSPORTATION WITHIN THE UNITED STATES BY RAILROAD AND SEA CARRIAGE BY ONE OR MORE OF THE OTHER CARRIERS ABOVE DEFINED (WHEN USED ON OR ENDORSED ON THIS BILL OF LADING THE WORDS "ON BOARD" SHALL MEAN AND INCLUDE ON BOARD THE ORGINAL CARRYING VESSEL WHEN THE GOODS OR PACKAGES ARE BEING TRANSPORTED FROM A FOREIGN PORT OR PLACE TO THE CONTINENTAL UNITED STATES, BUT WHEN THE GOODS OR PACKAGES ARE BEING TRANSPORTED FROM THE CONTINENTAL UNITED STATES TO A FOREIGN PORT OR PLACE "ON BOARD" SHALL MEAN AND INCLUDE ON BOARD A RAILCAR OPERATED BY THE ORIGINATING CARRIER AND ENROUTE BY RAIL TO THE PORT OF LOADING FOR LOADING ON BOARD THE CARRIER'S OR PARTICIPATING CARRIER'S VESSEL.)
(D) IF LOSS OR DAMAGE OCCURS AFTER THE RECEIPT OF THE GOODS OR PACKAGES HEREUNDER, AND IT CANNOT BE DETERMINED FROM THE RECORDS OF THE OCEAN CARRIER OR PARTICIPATING DOMESTIC OR FOREIGN CARRIER(S) OCEAN WHETHER SUCH DAMAGE OR LOSS OCCURRED DURING OCEAN DOMESTIC OR FOREIGN CARRIAGE, IT SHALL BE CONCLUSIVELY PRESUMED THAT THE LOSS OR DAMAGE OCCURRED ON BOARD THE VESSEL AND WHILE THE GOODS OR PACKAGES WERE IN THE CUSTODYOF THE OCEAN CARRIER.
(E) AT ALL TIMES WHEN THE GOODS OR PACKAGES ARE IN THE CUSTODY OF THE ABOVE-MENTIONED PARTICIPATING DOMESTIC OR FOREIGN CARRIERS, SUCH CARRIERS SHALL BE ENTITLED TO ALL THE RIGHTS, DEFENSES, EXCEPTIONS FROM OR LIMITATIONS OF LIABILITY AND IMMUNITIES OF WHATSOEVER NATURE REFERRED TO OR INCORPORATED HEREIN APPLICALBE OR GRANTED TO THE CARRIER AS HEREIN DEFINED, TO THE FULL EXTENT PERMITTED TO SUCH DOMESTIC AND FOREIGN CARRIERS UNDER THIS BILL(S) OF LADING TARIFFS AND ANY LAWS APPLICABLE OR RELATING THERETO, PROVIDED HOWEVER, THAT NOTHING CONTAINED IN THIS IBLL OF LADING SHALL BE DEEMED A SURRENDER BY THESE DOMESTIC OR FOREIGN CARRIERS OF ANY OF THEIR RIGHTS AND IMMUNITIES OR ANY INCREASES OF ANY OF THEIR LIMITATIONS OF AN EXONERATIONS FROM LIABILITY UNDER THEIR SAID BILL(S) OF LADING, TARIFFS OR LAWS APPLICABLE OR RELATING TO SAID CARRIAGE.
(F) IN MAKING ANY ARRANGEMENTS FOR TRANSPORTATION BY PARTICIPATING DOMESTIC OR FOREIGN CARRIERS OF THE GOODS OR PACKAGES CARRIER HEREUNDER, EITHER BEFORE OR AFTER OCEAN CARRIAGE, IT IS UNDERSTOOD AND AGREED THAT THE OCEAN CARRIER ACTS SOLELY AS AGENT OF THE MERCHANT, WITHOUT ANY OTHER RESPONSIBILITY WHATSOEVER, AND IT ASSUMES NO RESPONSIBILITY AS CARRIER FOR SUCH DOMESTIC PR FOREIGN TRANSPORTATION.
(G) NOTICE OF LOSS OR DAMAGE AND CLAIM AGAINST THE OCEAN CARRIER, WHERE APPLICABLE, SHALL BE GIVEN TO THE OCEAN CARRIER, AND SUIT COMMENCED AS PROVIDED FOR IN CLAUSES 30 AND 31 HEREOF. NOTICE OF LOSS OR DAMAGE AGAINST THE PARTICIPATING DOMESTIC OR FOREIGN CARRIER(S), WHERE APPLICABLE, SHALL BE FILED WITH THE PARTICIPATING DOMESTIC OR FOREIGN CARRIER(S) AND SUIT COMMENCED AS PROVIDED FOR IN THE TERMS, CONDITIONS AND PROVISIONS OF SAID CARRIER(S) BILL(S) OF LADING OR BY LAW APPLICABLE THERETO. IT IS UNDERSTOOD BY THE MERCHANT THAT SUCH TERMS, CONDITIONS AND PROVISIONS, AS THEY PERTAIN TO NOTICE OF, AND CLAIMS FOR LOSS OR DAMAGE AND COMMENCEMENT OF SUIT CONTAIN DIFFERENT REQUIREMENTS THAN THOSE REQUIREMENTS PERTAINING TO OCEAN CARRIAGE AS CONTAINED IN LCAUSES 30 AND 31 THEREOF.
RULE: 8 SUB-RULE; 5
NAME; B/L CLAUSE 5
5. THE GOODS CARRIED HEREUNDER ARE SUBJECT TO ALL THE TERMS AND PROVISIONS IF THE CARRIER'S APPLICABLE TARIFF OR TARRIFS ON FILE WITH THE FEDERAL MARITIME COMMISSION, INTERSTATE COMMERCE COMMISSION OR ANY OTHER REGULATORY BODY WHICH GOVERNS A PARTICULAR PORTION OF THE CARRIAGE, AND THE TERMS AND PROVISIONS OF THE SAID TARIFF OR TARIFFS ARE HEREBY INCORPORATED HEREIN AS PART OF THE TERMS AND CONDITIONS OF THIS BILL OF LADING. COPIES OF THE RELEVANT PROVISIONS OF THE APPLICABLE TARIFF OR TARIFFS ARE OBTAINABLE FROM THE CARRIER, FEDERAL MARITIME COMMISSION, INTERSTATE COMMERCE COMMISSION OR OTHER REGULATORY BODY UPON REQUEST. IN THE EVENT OF ANY CONFLICT BETWEEN THE TERMS AND PROVISIONS OF SUCH TARIFF OR TARIFFS AND THE TERMS AND CONDITIONS OF THIS BILL OF LADING, THIS BILL OF LADING SHALL PREVAIL.
RULE: 8 SUB-RULE: 6
NAME: B/L CLAUSE 6
6. THE MERCHANT WARRANTS THAT IN AGREEING TO THE TERMS AND CONDITIONS HEREOF, HE IS OR HAS THE AUTHORITY OF THE PERSON OWNING OR ENTITLED TO THE POSSESSION OF THE GOODS AND THIS BILL OF LADING.
RULE: 8 SUB-RULE: 7
NAME: B/L CLAUSE 7
7. (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) AS THROUGH TRANSPORTATION, THE CARRIER UNDERTAKES TO PROCURE SUCH SERVICES AS NECESSARY AND SHALL HAVE THE RIGHT AT ITS SOLE DISCRETION TO SELECT ANY MODE OF LAND, SEA OR AIR TRANSPORT AND TO ARRANGE PARTICIPATION BY OTHER CARRIERS TO ACCOMPLISH THE COMBINED TRANSPORT FROM PLACE OF RECEIPT TO DELIVERY. WHENEVER ANY STAGE OF THE COMBINED TRANSPORT IS ACCOMPLISHED BY ANY LAND OR AIR CARRIER OR ANY OTHER WATER CARRIER, EACH SUCH STAGE SHALL BE CONTROLLED ACCORDING TO ANY LAW COMPULSORILY APPLICABLE TO SUCH STAGE AND ACCORDING TO THE CONTRACTS, RULES AND TARIFFS OF EACH PARTICIPATING CARRIER, THE SAME AS IF SUCH CONTRACTS, RULES AND TARIFFS WERE FULLY SET FORTH HEREIN.
RULE; 8 SUB-RULE; 8
NAME: B/L CLAUSE 8
8. THE CARRIER SHALL BE ENTITLED BUT UNDER NO OBLIGATION TO OPEN ANY CONTAINER AT ANY TIME AND TO INSPECT THE CONTENTS UNLESS APPLICABLE LAW PROHIBITS SAME. IF IT THEREUPON APPEARS THAT THE CONTENTS OR ANY PART THEREOF ANNOT SAFELY OR PROPERLY BE CARRIED OR CARRIED FURTHER, EITHER AT ALL OR WITHOUT INCURRING ANY ADDITIONAL EXPENSE OR TAKING ANY MEASURES IN RELATION TO THE CONTAINER OR ITS CONTENTS OR ANY PART THEREOF, THE CARRIER MAY ABANDON THE TRANSPORTATION THERETO 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.
RULE: 8 SUB-RULE; 9
NAME: B/L CLAUSE 9
9. CARRIER MAY CONTAINERIZE ANY GOODS OR PACKAGES. CONTAINERS MAY BE STOWED ON DECK OR UNDER DECK AND WHEN SO STOWED SHALL BE DEEMED FOR ALL PURPOSES TO BE STOWED UNDER DECK, INCLUDING FOR GENERAL AVERAGE AND U.S. CARRIAGE OF GOODS BY SEA ACT, 1936 AND SIMILAR LEGISLATION.
RULE: 8 SUB-RULE: 10
NAME; B/L CLAUSE 10
10. DECK CARGO (EXCEPT GOODS CARRIED IN CONTAINERS ON DECK) AND LIVE ANIMALS ARE RECEIVED AND CARRIED SOLELY AT MERCHANT'S RICK (INCLUDING ACCIDNEY OR MORTALITY OF ANIMAL(S) AND THE CARRIER SHALL NOT IN ANY EVENT BE LIABLE FOR ANY LOSS OR DAMAGE THERETO ARISING OR RESULTING FROM ANY MATTERS MENTIONED IN SECTION 4, SUB-SECTION 2(A) TO (P), INCLUSIVE, OF THE UNITED STATES CARRIAGE OF GOODS BY SEA ACT, OR FROM ANY OTHER CAUSE WHATSOEVER NOT DUE TO THE FAULT OF THE CARRIER, ANY WARRANTY OF SEAWORTHINESS IN THE PREMISES BEING HEREBY WAIVED, AND THE BURDEN OF PROVING LIABILITY BEING IN ALL RESPECTS UPON THE MERCHANT, EXCEPT AS PROVIDED ABOVE, SUCH SHIPMENTS SHALL BE DEEMED GOODS AND SHALL BE SUBJECT TO ALL TERMS AND PROVISIONS OF THIS BILL OF LADING RELATING TO GOODS.
RULE: 8 SUB-RULE: 11
NAME: B/L CLAUSE 11
11. SPECIAL CONTAINERS WITH HEATING OR REFRIGERATION UNITS WILL NOT BE FURNISHED UNLESS CONTRACTED FOR EXPRESSLY IN WRITING AT TIME OF BOOKING AND, WHEN FURNISHED. MAY ENTAIL AN INCREASED FREIGHT RATE OR CHARGE. SHIPPER SHALL ADVISE CARRIER OF DESIRED TEMPERATURE RANGE WHEN DELIVERED GOODS TO CARRIER, AND CARRIER SHALL EXERCISE DUE DILIGENCE TO MAINTAIN THE TEMPERATURE WITHIN A REASONABLE RANGE WHILE THE CONTAINERS ARE IN ITS CUSTODY OR CONTROL. THE CARRIER DOES NOT, HOWEVER, ACCEPT ANY RESPONSIBILITY FOR FUNCTIONING OF HEATED OR REFRIGERATED CONTAINERS NOT OWNED OR LEASED BY CARRIER.
RULE: 8 SUB-RULE: 12
NAME: B/L CLAUSE 12
12. THE SCOPE OF THE VOYAGE HEREIN CONTRACTED FOR SHALL INCLUDE USUAL OR CUSTOMARY OR ADVERTISED PORTS OF CALL WHETHER NAMED IN THIS CONTRACT OR NOT, ALSO PORTS IN OR OUT OF THE ADVERTISED, GEOGRAPHICAL OR USUAL ROUTE OR ORDER, EVEN THOUGH IN PROCEEDING THERETO THE VESSEL MAY SAIL BEYOND THE PORT OF DISCHARGE NAMED HEREIN OR IN A DIRECTION CONTRARY THERETO, OR RETURN TO THE ORIGINAL PORT, OR DEPART FROM THE DIRECT OR CUSTOMARY ROUTE AND INCLUDES ALL CANALS, STRAITS, AND OTHER WATERS. THE VESSEL MAY CALL AT ANY PORT FOR THE PURPOSES OF THE CURRENT, PRIOR OR SUBSEQUENT VOYAGES. THE VESSEL MAY ONIT CALLING AT ANY PORT WHETHER SCHEDULED OR NOT, AND MAY CALL AT THE SAME PORT MORE THAN ONCE, MAY DISCHARGE TO GOODS DURING THE FIRST OR SUBSEQUENT CALL AT THE PORT OF DISCHARGE, MAY FOR MATTERS OCCURRING BEFORE OR AFTER LOADING, AND EITHER WITH OR WITHOUT THE GOODS ON BOARD, AND BEFORE OR AFTER PROCEEDING TOWARDS THE PORT OF DISCHARGE, ADJUST COMPASSES, DRYDOCK WITH OR WITHOUT THE CARGO ON BOARD, STOP FOR REPAIRS, SHIFT BERTHS, MAKE TRIAL TRIPS OR TESTS, TAKE FUEL OR STORES, REMAIN IN PORT LIE ON BOTTOM, AGROUND OR AT ANCHOR, SAIL WITH OR WITHOUT PILOTS, TOW AND BE TOWED, AND SAVE OR ATTEMPT TO SAVE LIFE OR PROPERTY, AND ALL OF THE FOREGOING ARE INCLUDED IN THE CONTRACT VOYAGE. THE VESSEL MAY CARRY CONTRABAND, EXPLOSIVES, MUNITIONS, WARLIKE STORES, HAZARDOUS CARGO AND SAIL ARMED OR UNARMED, AND WITH OR WITHOUT CONVOY. THE CARRIER'S SAILING SCHEDULES ARE SUBJECT TO CHANGE WITHOUT NOTICE, BOTH AS TO THE SAILING DATE AND DATE OF ARRIVAL. IF THIS IS A THROUGH BILL OF LADING, NO CARRIER IS BOUND TO TRANSPORT THE HSIPMENT BY ANY PARTICULAR TRAIN, TRUCK, AIRCRAFT, VESSLE OR OTHER MEANS OF CONVEYANCE, OR IN TIME FOR ANY PARTICULAR MARKET OR OTHERWISE. NO CARRIER SHALL BE LIABLE FOR DELAY AND ANY CARRIER SHALL HAVE THE RIGHT TO FORWARD THE GOODS BY SUBSTITUTE CARRIER.
RULE: 8 SUB-RULE; 13
NAME: B/L CLAUSE 13
13. IF AT ANY TIME THE PERFORMANCE OF THE CONTRACT EVIDENCED BY THIS BILL OF LADING IS OR IS LIKELY TO BE AFFECTED BY ANY HINDRANCE, RISK, DELAY, DIFFICULTY OR DISADVANTAGE OF WHATSOEVER KIND WHICH CANNOT BE AVOIDED BY THE EXERCISE OF REASONALBE ENDEAVORS, THE CARRIER (WHETHER OR NOT THE TRANSPORT IS COMMENCED) MAY WITHOUT NOTICE TO THE MERCHANT TREAT THE PERFORMANCE OF THIS CONTRACT AS TERMINATED AND PLACE THE GOODS OR ANY PART OF THEM AT THE MERCHANT'S DISPOSAL AT ANY PLACE OR PORT WHICH THE CARRIER MAY DEEM SAFE AND CONVENIENT, WHEREUPON THE RESPONSIBILITY OF THE CARRRIER IN RESPECT OF SUCH GOODS SHALL CEASE. THE CARRIER SHALL NEVERTHELESS BE ENTITLED TO FULL FREIGHT AND CHARGES ON GOODS RECEIVED FOR TRANSPORTATION AND THE MERCHANT SHALL PAY ANY ADDITIONAL COSTS OF CARRIAGE AND DELIVERY AND STORAGE AT SUCH PLACE OR PORT.
RULE: 8 SUB-RULE: 14
NAME: B/L CLAUSE 14
14. IF THE CARRIER MAKES A SPECIAL AGREEMENT, WHETHER BY STAMP HEREON OR OTHERWISE, TO DELIVER THE GOODS AT A SPECIFIED DOCK OR PLACE, IT IS MUTUALLY AGREED THAT SUCH AGREEMENT SHALL BE CONSTRUED TO MEAN THAT THE CARRIER IS TO MAKE SUCH DELIVERY ONLY IF IN THE SOLE JUDGEMENT OF THE CARRIER, THE VESSEL CAN GET TO LIE AT AND LEAVE SAID DOCK OR PLACE ALWAYS SAFELY AFLOAT, AND ONLY IF SUCH DOCK OR PLACE IS AVAILABLE FOR IMMEDIATE RECEIPT OF THE GOODS AND THAT OTHERWISE THE GOODS SHALL BE DISCHARGED AS OTHERWISE PROVIDED IN THIS BILL OF LADING, WHEREUPON ALL RESPONSIBILITY OF THE CARRIER SHALL CEASE.
RULE: 8 SUB-RULE: 15
NAME: B/L CLAUSE 15
15. THE PORT AUTHORITIES ARE HEREBY AUTHORIZED TO GRANT A GENERAL ORDER FOR DISCHARGING IMMEDIATELY UPON ARRIVAL OF THE VESSEL AND THE CARRIER, WITHOUT GIVING NOTICE EITHER OF ARRIVAL OR DISCHARGE, MAY, IMMEDIATELY UPON ARRIVAL OF THE VESSEL AT THE DESIGNATED DESTINATION, DISCHARGE THE GOODS CONTINUOUSLY. SUNDAYS AND HOLIDAYS INCLUDED AT ALL SUCH HOURS BY DAY OR BY NIGHT AS THE CARRIERS MAY DETERMINE NO MATTER WHAT THE STATE OF THE WEATHER OR CUSTOM OF THE PORT MAY BE. THE CARRIER SHALL NOT BE LIABLE IN ANY RESPECT WHATSOEVER IF HEAT OR REFRIGERATION OR SPECIAL COOLING FACILITIES SHALL NOT BE FURNISHED DURING LOADING OR DISCHARGE OR ANY PART OF THE TIME THAT THE GOODS ARE UPON THE WHARF, CRAFT OR OTHER LOADING OR DISCHARGING PLACE. LANDING AND DELIVERY CHARGES AND PIER DUES SHALL BE AT THE EXPENSE OF THE GOODS UNLESS INCLUDED IN THE FREIGHT HEREIN PROVIDED FOR IF THE GOODS ARE NOT TAKEN AWAY BY THE CONSIGNEE BY THE EXPIRATION OF THE NEXT WORKING DAY AFTER THE GOODS ARE AT HIS DISPOSAL. THE GOODS MAY AT CARRIER'S OPTION AND SUBJECT TO CARRIER'S LIEN, BE SENT TO STORE OR WAREHOUSE OR BE PERMITTED TO LIE WHERE LANDED, BUT ALWAYS AT THE EXPENSE AND RISK OF THE GOODS. THE RESPONSIBILITIES OF THE CARRIER IN ANY CAPACITY SHALL ALTOGETHER CEASE AND THE GOODS SHALL BE CONSIDERED TO BE DELIVERED AND AT THEIR OWN RISK AND EXPENSE IN EVERY RESPECT WHEN TAKEN INTO THE CUSTODY OF CUSTOMS OR OTHER AUTHORITIES, OR UNTO THAT OF ANY MUNICIPAL OR GOVERNMENTAL CONCESSIONAIRE OR DEPOSITORY. THE CARRIER SHALL NOT BE REQUUIRED TO GIVE ANY NOTIFICATION OF DISPOSITION OF THE GOODS, EXCEPT AS MAY BE OTHERWISE PROVIDED IN THIS BILL OF LADING.
RULE: 8 SUB-RULE: 16
NAME: B/L CLAUSE 16
16. AT PORTS OR PLACES, BY LOCAL LAW, AUTHORITIES, OR CUSTOM, THE CARRIER IS REQUIRED TO DISCHARGE CARGO TO LIGHTERS OR OTHER CRAFT, OR WHERE IT HAS BEEN SO AGREED OR WHERE WHARVES ARE NOT AVAILABLE WHICH THE SHIP CAN GET TO LIE AT, OR LEAVE, ALWAYS SAFELY AFLOAT, OR WHERE CONDITIONS PREVAILING AT THE TIME RENDER DISCHARGE AT A WHARF DANGEROUS, IMPRUDENT, OR LIKELY TO DELAY THE VESSEL, THE MERCHANT, SHALL PROMPTLY FURNISH LIGHTERS OR OTHER CRAFT TO TAKE DELIVERY ALONGSDIE THE SHIP, AT THE RISK AND EXPENSE OF THE GOODS. IF THE MERCHANT, FAILS TO PROVIDE SUCH LIGHTERS OR OTHER CRAFT, CARRIER, ACTING SOLELY AS AGENT FOR THE MERCHANT, MAY ENGAGE SUCH LIGHTERS OR OTHER CRAFT AT THE RISK AND EXPENSE OF THE GOODS. DISCHARGE OF THE GOODS INTO SUCH LIGHTERS OR OTHER CRAFT SHALL CONSTITUTE PROPER DELIVERY, AND ANY FURTHER RESPONSIBILITY OR CARRIER WITH RESPECT TO THE GOODS SHALL THEREUPON TERMINATE.
RULE; 8 SUB-RULE: 17
NAME: B/L CLAUSE 17
17. THE CARRIER SHALL HAVE LIBERTY TO COMPLY WITH AN ORDER OR DIRECTIONS OR RECOMMENDATIONS IN CONNECTION WITH THE TRANSPORT UNDER THE CONTRACT OF CARRIAGE GIVEN BY ANY GOVERNMENT OR AUTHORITY OR ANYONE ACTING OR PURPORTING TO ACT ON BEHALF OF SUCH GOVERNMENT OR AUTHORITY OR HAVING UNDER THE TERMS OF THE MORTGAGE OR INSURANCE ON THE VESSEL OR OTHER TRANSPORT, THE RIGHT TO GIVE SUCH ORDERS, DIRECTIONS OR RECOMMENDATIONS. DISCHARGE OR DELIVERY, OF THE GOODS IN ACCORDANCE WITH THE SAID ORDER OR DIRECTIONS OR RECOMMENDATIONS SHALL BE DEEMED A FULFILLMENT OF THE CONTRACT. ANY EXTRA EXPENSE INCURRED IN CONNECTION WITH THE EXERCISE OF THE CARRIER'S LIBERTY UNDER THIS CLAUSE SHALL BE PAID BY THE MERCHANT IN ADDITION TO THE FREIGHT AND CHARGES.
RULE: 8 SUB-RULE: 18
NAME: B/L CLAUSE 18
18. WHENEVER THE CARRIER OR MASTER MAY DEEM IT ADVISABLE, OR IN ANY CASE WHERE GOODS ARE DESTINED FOR PORT(S) OR PLACE(S) AT WHICH THE VESSEL OR PARTICIPATING CARRIERS WILL NOT CALL, THE CARRIER MAY, WITHOUT NOTICE, FORWARD THE WHOLE OR ANY PART OF THE SHIPMENT, BEFORE OR AFTER LOADING AT THE ORIGINAL PORT OF SHIPMENT, OR ANY OTHER PLACE OR PLACES EVEN THOUGH OUTSIDE THE SCOPE OF THE VOYAGE OR THE ROUTE TO OR BEYOND THE PORT OF DISCHARGE OR THE DESTINATION OF THE GOODS, BY WATER, BY LAND OR BY AIR OR BY ANY COMBINATION THEREOF, WHETHER OPERATED BY THE CARRIER OR OTHERS AND WHETHER DEPARTING OR ARRIVING OR SCHEDULED TO DEPART OR ARRIVE BEFORE OR AFTER THE SHIP EXPECTED TO BE USED FOR THE TRANSPORTATION OF THE SHIPMENT. THE CARRIER MAY ELAY FORWARDING AWAITING A VESSEL OR CONVEYANCE IN ITS OWN SERVICE OR WITH WHICH IT HAS ESTABLISHED CONNECTIONS. IN ALL CASES WHERE THE SHIPMENT IS DELIVERED TO ANOTHER CARRIER OR TO A LIGHTER, PORT AUTHORITY, WAREHOUSEMAN OR OTHER BAILEE FOR TRANSHIPMENT, THE LIABILITY OF THIS CARRIER SHALL ABSOLUTELY CEASE WHEN THE GOODS ARE OUT OF ITS EXCLUSIVE POSSESSION, AND THE RESPONSIBILITY OF THIS CARRIER SURING ANY SUCH PERIOD SHALL BE THAT OF AN AGENT OF THE MERCHANT, AND THE CARRIER SHALL BE WITHOUT ANY OTHER RESPONSIBILITY WHATSOEVER. THE CARRIAGE BY ANY TRANSSHIPPING OR ON-CARRIER AND ALL TRANSSHIPMENT OR FORWARDING SHALL BE SUBJECT TO ALL THE TERMS WHATSOEVER IN THE REGULAR FORM OF BILL OF LADING, CONSIGNMENT NOTE, CONTRACT OR OTHER SHIPPING DOCUMENT USED AT THE TIME BY THE CARRIER PERFORMING SUCH TRANSSIPMENT OR FORWARDING.
RULE: 8 SUB-RULE: 19
NAME: B/L CLAUSE 19
19. IN ANY SITUATION WHATSOEVER AND WHERESOEVER OCCURRING AND WHETHER EXISTING OR ANTICIPATED BEFORE COMMENCEMENT OF OR DURING THE COMBINED TRANSPORT, WHICH IN THE JUDGEMENT OF THE CARRIER OR THE MASTER IS LIKELY TO GIVE RISE TO RISK OF CAPTURE, SEIZURE, DETENTION, DAMAGE, DELAY OR DISAVANTAGE OR LOSS TO THE CARRIER OR ANY PART OF THE GOODS, TO MAKE IT UNSAFE, IMPRUDENT OR UNLAWFUL FOR ANY REASON TO RECEIVE, KEEP, LOAD, OR CARRY THE GOODS, OR COMMENCE OR PROCEED ON OR CONTINUE THE TRANSPORT OR TO ENTER OR DISCHARGE THE GOODS OR DISEMBARK PASSENGERS AT THE PORT OF DISCHARGE, OR THE USUAL OR AGREED OR INTENDED PLACE OF DISCHARGE OR DELIVERY, OR TO GIVE RISE TO DELAY OR DIFFICULTY IN PROCEEDING BY THE USUAL OR INTENDED ROUTE, THE CARRIER OR THE MASTER MAY DECLINE TO RECEIVE, KEEP, LOAD OR CARRY THE GOODS OR MAY DEVAN CONTAINER(S) CONTENTS OR ANY PART THEREOF AND MAY REQUIRE THE MERCHANT TO TAKE DELIVERY OF THE GOODS AT THE PALCE OF RECEIPT OR ANY OTHER POINT IN THE COMBINED TRANSPORT AND UPON FAILURE TO DO SO, MAY WAREHOUSE THE GOODS AT THE RISK AND EXPENSE OF THE GOODS, OR THE VESSEL, WHETHER OR NOT PROCEEDING TOWARDS OR ENTERING OR ATTEMPTING TO ENTER A PORT OF DISCHARGE OR REACHING OR ATTEMPTING TO REACH A USUAL PLACE OF DISCHARGE THEREIN OR ATTEMPTING TO DISCHARGE THE SHIPMENT, MAY DISCHARGE THE GOODS AND/OR DEVAN THE CONTENTS OF ANY CONTAINER(S) AT ANOTHER PORT, DEPOT, LIGHTER, CRAFT, OR OTHER PLACE, OR MAY FORWARD OR TRANSHIP THEM AS PROVIDED IN THIS BILL OF LADING, OR THE CARRIER OR THE MASTER MAY RETAIN THE GOODS, VANNED OR UNVANNED, ON BOARD UNTIL THE RETURN OF THE VESSEL TO THE PORT OF DISCHARGE OR UNTIL SUCH TIME AS THE CARRIER OR THE MASTER THINKS ADVISABLE AND DISCHARGE THE GOODS AT ANY PLACE WHATSOEVER HEREIN PROVIDED. THE CARRIER OR THE MASTER IS NOT REQUIRED TO GIVE NOTICE OF SUCH DEVANNING OR OF THE DISCHARGE OF THE GOODS OR OF THE FORWARDING THEREOF AS HEREIN PROVIDED. WHEN THE GOODS ARE DISCHARGED FROM THE SHIP, AS HEREIN PROVIDED, SUCH SHALL BE AT THE RISK AND EXPENSE OF THE GOODS. SUCH DISCHARGING SHALL CONSTITUTE COMPLETE DELIVERY AND PERFORMANCE UNDER THIS CONTRACT AND THE CARRIER SHALL BE FREE ANY FURTHER RESPONSIBILITY UNLESS IT BE SHOWN THAT ANY LOSS OR DAMAGE TO THE GOODS AROSE FROM CARRIER'S NEGLIGENCE IN THE DISCHARGE AND DELIVERY HEREIN PROVIDED, THE BURDEN OF ESTABLISHING SUCH NEGLIGENCE BEING ON THE MERCHANT. FOR ANY SERVICE RENDERED TO THE GOODS AS HEREIN ABOVE PROVIDED OR FOR ANY DELAY OR EXPENSE TO THE VESSEL CAUSED AS A RESULT THEREOF, THE CARRIER SHALL BE ENTITLED TO A REASONABLE EXTRA COMPENSATION, AND SHALL HAVE A LIEN ON THE GOODS FOR SUCH CARRIAGE. NOTICE OF DISPOSITION OF THE GOODS SHALL BE MAILED TO THE SHIPPER OR SONSIGNEE NAMES IN THIS BILL OF LADING. GOODS SHUT OUT FROM THE VESSEL NAMED HEREIN FOR ANY CAUSE MAY BE FORWARDED ON A SUBSEQUENT VESSEL OF THIS LINE OR, AT CARRIER'S OPTION, ON A VESSEL OR ANOTHER LINE OR BY MODE OF TRANSPORTATION.
RULE: 8 SUB-RULE: 20
NAME: B/L CLAUSE 20
20. NOTWITHSTANDING THE FOREGOING, THE CARRIER SHALL NEITHER BE LIABLE THEREFORE, NOT CONCLUDED AS TO, THE CORRECTNESS OF ANY SUCH MARKS, DESCRIPTIONS OR REPRESENTATIONS. WHEN ANY CARGO UNIT OWNED OR LEASED BY CARRIER IS PACKED OR LOADED BY THE SHIPPER OR ITS AGENT OR DISCHARGED BY CONSIGNEE OR ITS AGENT, SHIPPER CONSIGNEE, RECEIVER, HOLDER OF THIS BILL OF LADING, OWNERS OF THE GOODS AND PERSON ENTITLED TO THE POSSESSION OF THE GOODS SHALL BE AND REMAIN LIABLE JOINTLY AND SEVERALLY, FOR ANY LOSS OR DAMAGE TO THE CARGO UNIT DURING SUCH LOADING OR DISCHARGE, HOWSOEVER OCCURRING, UNTIL THE CARGO UNIT IS RETURNED TO CARRIER'S CUSTODY, AND, AT TARIFF RATES, FOR ANY DELAY BEYOND THE TIME ALLOWED FOR SUCH LOADING OR DISCHARGE, AND FOR ANY LOSS, DAMAGE OR EXPENSE INCURRED BY THE CARRIER AS A RESULT OF THE FAILURE TO RETURN THE CARGO UNIT TO THE CARRIER IN THE SAME SOUND CONDITION AND STATE OF CLEANLINESS AS WHEN RECEIVED BY THE SHIPPER. SUCH LOSS, DAMAGE, EXPENSE OR DELAY SHALL CONSTITUTE A LIEN ON THE GOODS. WHERE A CARGO UNIT IS TO BE UNPACKED OR UNLOADED BY CONSIGNEE OR ITS AGENT SHALL PROMPTLY UNPACK OR UNLOAD SUCH CARGO UNIT AND TAKE DELIVERY OF ITS CONTENTS, IRRESPECTIVE OF WHETHER THE GOODS ARE DAMAGED OR NOT, CARRIER SHALL BE LIABLE FOR LOSS OR DAMAGE CASUED TO THE GOODS BYU OR DURING SUCH UNPACKING OR UNLOADING.
RULE: 8 SUB-RULE: 21
NAME: B/L CLAUSE 21
21. WHEN CONTAINERS, VAN, TRAILERS, TRANSPORTABLE TANKS, FLATS, PALLETIZED UNITS, AND ALL OTHER PACKAGES (ALL HEREINAFTER REFERRED TO GENERICALLY AS "CARGO UNITS") ARE NOT PACKED OR LOADED BY CARRIER SUCH CARGO UNITS SHALL BE DEEMED SHIPPED AS "SHIPPER'S WEIGHT, LOAD AND COUNT." CARRIER HAS NO REASONABLE MEANS OF CHECKING THE QUANTITY, WEIGHT, CONDITION OR EXISTENCE OF THE CONTENTS THEREOF, DOES NOT REPRESENT THE QUANTITY, WEIGHT CONDITION OR EXISTENCE OF SUCH CONTENTS AS FURNISHED BY THE SHIPPER AND INSERTED IN THIS BILL OF LADING, TO BE ACCURATE, AND SHALL NOT BE LIABLE FOR NONRECEIPT OR MISDESCRIPTION OF SUCH CONTENTS. CARRIER SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER THEREFORE OR FOR THE PACKING, LOADING, SECURING 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 STRUCTUAL ADEQUACY OF SUCH CARGO UNITS PROPERLY TO CONTAIN THEIR CONTENTS. THE MERCHANT, WHETHER PRINCIPAL OR AGENT, BY PACKING OR LOADING THE CARGO UNIT AND/OR BY ALOWING THE CARGO UNIT TO BE SO PACKED OR LOADED, REPRESENTS, GUARANTEES AND WARRANTS: (A) THAT THE GOODS ARE PROPERLY DESCRIBED, MARKED AND SAFELY AND SECURELY 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 TRANSPORT 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 CONVEYANCE OR TO THEIR OTHER CARGO, OR PROPERTY, OR PERSONS; (B) THAT ALL PARTICULARS WITH REGARD TO OTHER CARGO UNITS ANS THEIR CONTENTS AND THE WEIGHT OF EACH SAID CARGO UNIT, ARE IN ALL RESPECTS CORRECT; AND (C) THAT THEY ASCERTAINED AND FULLY DISCLOSED IN WRITING TO THE CARRIER AND ALL PARTICIPATING CARRIERS ON OR PRIOR TO SHIPMENT AND CONDITION. INGREDIENT OR CHARACTERISTIC OF THE GOODS WHICH MIGHT INDICATRE THAT THEY ARE INFLAMMABLE, EXPLOSIVE, CORROSIVE, RADIOACTIVE, NOXIOUS, HAZARDOUS OR DANGEROUS IN NATURE, OR WHICH MIGHT CAUSE DAMAGE, INJURY OR DETRIMENT TO THE GOODS, OR TO THE VESSEL, CONVEYANCE OR OTHER CARGO OR TO THE PROPERTY OR PERSONS AND THAT THEY HAVE COMPLIED FULLY WITH ALL STATUTES, ORDINANCES AND REGULAITONS OF THE DEPARTMENT OF TRANSPORTATION OF THE UNITED STATES OF AMERICA AND ALL OTHER REGULATORY BODIES WITH RESPECT TO LABELING, PACKAGING ND PREPARAITON FOR SHIPMENT OF ALL SUCH GOODS. THE SHIPPER, CONSIGNEE, RECEIVER, HOLDER OF THIS BILL OF LADING, OWNER OF THE GOODS AND PERSON ENTITLED TO THE POSSESSION OF THE GOODS JOINTLY AND SEVERALLY AGREE 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 CONVEYANCE OR EXPENSE OR FINE ARISING OUT OF DAMAGE TO CARGO OR CONVEYANCE OR EXPENSE OR FINE ARISING OUT OF OR IN ANY WAY CONNECT WITH BREACH OF ANY OF THE FOREGOING REPRESENTATIONS OR WARRANTIES, HOWSOEVER OCCURRING, EVEN WITHOUT FAULT OF SHIPPER, CONSIGNEE AND/OR OWNER OF THE GOODS, AND EVEN THOUGH SUCH INJURY, DEATH, LOSS OR DAMAGE IS CAUSED IN WHOLE OR IN PART BY FAULT OF THE CARRIER OR UNSEAWORHTINESS.
RULE: 8 SUB-RULE: 22
NAME: B/L CLAUSE 22
22. THE MERCHANT AND THE GOODS THEMSELVES SHALL BE LIABLE FOR AND SHALL INDEMNIFY THE CARRIER, AND THE CARRIER SHALL HAVE ALIEN ON THE GOODS FOR ALL EXPENSES OF MENDING, REPAIRING, FUMIGATING, REPACKING, COOPERING, BALING, RECONDITIONING OF THE GOODS AND GATHERING OF LOOSE CONTENTS OF PACKAGES, ALSO FOR EXPENSES FOR REPAIRING CONTAINERS DAMAGED WHILE IN THE POSSESSION OF THE MERCHANT FOR DEMURRAGE ON CONTAINERS AND ANY PAYMENT, EXPENSE, FINES, DUES, DUTY, TAX, IMPOST, LOSS, DAMAGE OR DETENTION SUSTAINED OR INCURRED BY A LEVIED UPON THE CARRIER, VESSEL OR CONVEYANCE IN CONNECTION WITH THE GOODS, HOWSOEVER CAUSED, INCLUDING ANY ACTION OR REQUIREMENT OF ANY GOVERNMENT OR GOVERNMENTAL AUTHORITY OR PERSON PURPORTING TO ACT UNDER THE AUTHORITY THEREOF, SEIZURE UNDER LEGAL PROCESS OR ATTMEPTED SEIZURE, INCORRECT OR INSUFFICIENT MARKING, NUMBER-FAILURE OR THE MERCHANT TO PROCURE CONSULAR, BOARD OF HEALTH OR OTHER CERTIFICATES TO ACCOMPANY THE GOODS OR TO COMPLY WITH LAWS OR REGULATIONS OF ANY KIND IMPOSED WITH RESPECT TO THE GOODS BY THE AUTHORITIES AT ANY PORT OR PLACE OR ANY ACT OR OMISSION OF THE MERCHANT. THE CARRIER'S LIEN SHALL SURVIVE DELIVERY AND MAY BE ENFORCED BY PRIVATE OR PUBLIC SALE AND WITHOUT NOTICE.
RULE: 8 SUB-RULE: 23
NAME: B/L CLAUSE 23
23. FREIGHT SHALL BE PAYABLE, AT CARRIER'S OPTION, ON ACTUAL GROSS INTAKE WEIGHT OR MEASUREMENT OR ON ACTUAL GROSS DISCHARGE WEIGHT OR MEASUREMENT OR ON A VALUE OR OTHER BASIS. FREIGHT MAY BE CALCULATED ON THE BASIS OF THE PARTICULARS OF THE GOODS FURNISHED BY THE SHIPPER HEREIN, BUT THE CARRIER MAY, AS PREVIOUSLY STATED HEREIN, AT ANY TIME OPEN THE PACKAGES OR CONTAINERS, AND EXAMINE, WEIGH, MEASURE AND VALUE THE GOODS (UNLESS APPLICABLE LAW PROHIBITS SAME.) IN CASE SHIPPER'S PARTICULARS ARE FOUND TO BE ERRONEOUS AND ADDITIONAL FREIGHT PAYABLE, THE MERCHANT AND THE GOODS SHALL BE LIABLE FOR ANY EXPENSE INCURRED FOR EXAMINING, WEIGHING, MEASURING AND VALUING THE GOODS. FULL FREIGHT SHALL BE PAID ON DAMAGED OR UNSOUND GOODS. FULL FREIGHT HEREUNDER TO PLACE OF DELIVERY NAMED HEREIN AND ADVANCE CHARGES (INCLUDING ON-CARRIER'S) SHALL BE CONSIDERED COMPLETELY EARNED ON RECEIPT OF THE GOODS BY THE CARRIER, WHETHER THE FREIGHT BE STATED OR INTENDED TO BE PREPAID OR TO BE COLLECTED AT DESTINATION, AND THE CARRIER SHALL BE ENTITLED TO ALL FREIGHT AND CHARGES, EXTRA COMPENSATION, DEMURRAGE, DETENTION, GENERAL AVERAGE, CLAIMS AND ANY OTHER PAYMENTS MADE AND LIABILITY INCURRED WITH RESPECT TO THE GOODS WHETHER ACTUALLY PAID OR NOT, AND TO RECEIVE AND RETAIN THEM IRREVOCABLY UNDER ALL CIRCUMSTANCES WHATSOEVER, VESSEL, CONVEYANCE AND/OR CARGO LOST, DAMAGED OR OTHERWISE FOR THE COMBINED TRANSPORT CHANGED, FRUSTRATED OR ABANDONED. IN CASE OF FORCED ABANDONMENT OR INTERRUPTION OF THE COMBINED TRANSPORT FOR ANY CAUSE, ANY FORWARDING OF THE GOODS OR ANY PART THEREOF SHALL BE AT THE RISK AND EXPENSE OF THE GOODS. ALL UNPAID CHARGES SHALL BE PAID IN FULL WITHOUT ANY OFFSET, COUNTERCLAIM OR DEDUCTION IN THE CURRENCY OF THE PLACE OF RCEIPT, OR, AT CARRIER'S OPTION, IN THE CURRENCY OF THE PLACE OF DELIVERY AT THE DEMAND RATE OF NEW YORK EXCHANGE AS QUOTED ON DAY OF ARRIVAL OF THE GOODS AT THE PLACE OF DELIVERY. THE MERCHANT SHALL BE JOINTLY AND SEVERALLY LIABLE TO THE CARRIER FOR THE PAYMENT OF ALL FREIGHT CHARGES AND THE AMOUNTS DUE TO THE CARRIER, AND FOR ANY FAILURE OF EITHER OR BOTH TO PERFORM HIS OR THEIR OBLIGATIONS UNDER THE PROVISIONS OF THIS BILL OF LADING, AND THEY SHALL INDEMNIFY THE CARRIER AGAINST, AND HOLD IT HARMLESS FROM, ALL LIABILITY, LOSS, DAMAGE AND EXPENSE WHICH THE CARRIER MAY SUSTAIN OR INCUR ARISING OR RESULTING FROM ANY SUCH FAILURE OF PERFORMANCE BY THE MERCHANT. ANY PERSON, FIRM OR CORPORATION ENGAGED BY ANY PARTY TO PERFORM FORWARDING SERVICES WITH RESPECT TO THE CARGO SHALL BE CONSIDERED THE EXCLUSIVE AGENT OF THE MERCHANT FOR ALL PURPOSES AND ANY PAYMENT OF FREIGHT TO SUCH PERSON, FIRM, OR CORPORATION SHALL NOT BE CONSIDERED PAYMENT TO THE CARRIER IN ANY EVENT. FAILURE OF SUCH PERSON, FIRM OR CORPORATION TO PAY ANY OR PART OF THE FREIGHT TO THE CARRIER SHALL BE CONSIDERED A DEFAULT BY THE MERCHANT IN THE PAYMENT OF THE FREIGHT.
RULE: 8 SUB-RULE: 24
NAME: B/L CLAUSE 24
24. CARRIER SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL OR SPECIAL DAMAGES AND SHALL HAVE THE OPTION OF REPLACING THE LOST GOODS OR REPAIRING THE DAMAGED GOODS.
RULE: 8 SUB-RULE: 25
NAME: B/L CLAUSE 25
25. THE WEIGHT OR QUANTITY OF ANY BULK CARGO INSERTED IN THIS BILL OF LADING IS THE WEIGHT OR QUANTITY AS ASCERTAINED BY A THIRD PARTY OTHER THAN THE CARRIER, AND CARRIER MAKES NO REPRESENTATION WITH REGARD TO THE ACCURACY THEREOF. THIS BILL OF LADING SHALL NOT BE DEEMED EVIDENCE AGAINST THE CARRIER OR RECEIPT OF GOODS OF THE WEIGHT OR QUANTITY SO INSERTED IN THE
BILL OF LADING.
RULE: 8 SUB-RULE: 26
NAME: B/L CLAUSE 26 26. NEITHER THE CARRIER, NOR ANY CORPORATION OWNED BY, SUBSIDIARY TO OR ASSOCIATED OR AFFILIATED WITH THE CARRIER SHALL BE LIABLE TO ANSWER FOR OR MAKE GOOD ANY LOSS OR DAMAGE TO THE GOODS OCCURRING AT ANY TIME AND EVEN THOUGH BEFORE LOADING ON OR AFTER DISCHARGE FROM THE SHIP, BY REASON OR BY MEANS OF ANY FIRE WHATSOEVER, UNLESS SUCH FIRE SHALL BE CAUSED BY ITS DESIGN OR NEGLECT, OR BY ITS ACTUAL FAULT OR PRIVITY. IN ANY CASE WHERE THIS EXEMPTION IS NOT PERMITTED BY LAW. CARRIER SHALL NOT BE LIABLE FOR LOSS OR DAMAGE BY FIRE UNLESS SHOWN TO HAVE BEEN CAUSED BY CARRIER'S NEGLIGENCE.
RULE: 8 SUB RULE: 27
NAME: B/L CLAUSE 27
27. IF THE VESSEL COMES INTO COLLISION WITH ANOTHER VESSEL AS A RESULT OF THE FAULT OR NEGLIGENCE OF THE OTHER VESSEL, AND ANY ACT, NEGLECT OR DEFAULT OF THE CARRIER, 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 NONCARRYING VESSEL OR HER OWNERS INSOFAR AS SUCH LOSS OR LIABILITY REPRESENTS LOSS OF, OR DAMAGE TO ANY CLAIM WHATSOEVER OF THE MERCHANT PAID OR PAYABLE BY THE OTHER OR NONCARRYING VESSEL OR HER OWNERS TO THE MERCHANT AND SET-OFF, RECOUPED OR RECOVERED BY THE OTHER OR NONCARRYING VESSEL OR HER OWNERS AS PART OF THEIR CLAIM AGAINST THE CARRYING VESSEL OR CARRIER. THE FOREGOING PROVISIONS SHALL ALSO APPLY WHERE THE OWNERS, OPERATORS 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, CONTACT, STRANDING OR OTHER ACCIDENT. THIS PROVISION IS TO REMAIN IN EFFECT IN OTHER JURISDICTION EVEN IF UNENFORCEABLE IN THE COURTS OF THE UNITED STATES OF AMERICA.
RULE: 8 SUB-RULE: 28
NAME: B/L CLAUSE 28
28. GENERAL AVERAGE SHALL BE ADJUSTED, STATED AND SETTLED ACCORDING TO YORK-ANTWERP RULES 1974, EXCEPT RULE XII THEREOF, AT SUCH PORT OR PLACE AS MAY BE SELECTED BY THE CARRIER AND AS TO MATTERS NOT PROVIDED FOR BY THESE RULES ACCORDING TO THE LAWS AND USAGES OF NEW YORK. IN SUCH ADJUSTMENT, DISBURSEMENT IN FOREIGN CURRENCIES SHALL BE EXCHANGED INTO UNITED STATES MONEY AT THE RATE PREVAILING AS PER RULE #3 AND ALLOWANCES FOR DAMAGE TO CARGO CLAIMED IN FOREIGN CURRENCY SHALL BE CONVERTED AT THE RATE IN ACCORDANCE WITH RULE #3 OF THIS TARIFF. EFFECTIVELY, THE DATE USED FOR FOREIGN EXCHANGE CONVERSION WITH REGARDS TO THE ABOVE SHALL BE THE EXCHANGE RATE IN USE ON THE DAY CARGO WAS RECEIVED BY THE CARRIER. AVERAGE AGREEMENT OR BOND AND SUCH ADDITIONAL SECURITY AS MAY BE REQUIRED BY THE CARRIER MUST BE FURNISHED BEFORE DELIVERY OF THE GOODS. SUCH CASH DEPOSIT AS THE CARRIER OR HIS AGENTS MAY DEEM SUFFICIENT AS ADDITIONAL SECURITY FOR THE CONTRIBUTION OF THE GOODS AND FOR ANY SALVAGE AND SPECIAL CHARGES THEREON SHALL, IF REQUIRED, BE MADE BY THE GOODS, SHIPPERS, CONSIGNEES OR OWNERS OF THE GOODS TO THE CARRIER BEFORE DELIVERY OF THE GOODS. NOTWITHSTANDING ANYTHING HEREINBEFORE CONTAINED, SUCH DEPOSIT SHALL AT THE OPTION OF THE CARRIER BE PAYABLE IN UNITED STATES CURRENCY AND BE REMITTED TO THE ADJUSTER PENDING SETTLEMENT OF THE GENERAL AVERAGE AND REFUNDS OF CREDIT BALANCES, IF ANY, SHALL BE PAID IN UNITED STATES CURRENCY. IN ADDITION TO THE CIRCUMSTANCES DEALT WITH IN THE 1974 YORK-ANTWERP RULES, IT IS AGREED THAT IF THE CARRIER HAS USED DUE DILIGENCE IN THE STOWAGE OF CARGO AND IF THE SAFE PROSECUTION OF THE VOYAGE IS THEREAFTER IMPERILED IN CONSEQUENCES OF THE DISTURBANCE OF STOWAGE, THE COSTS OF HANDLING, DISCHARGE, RELOADING AND RESTOWING CARGO SHALL BE ALLOWD IN GENERAL AVERAGE, EVEN THOUGH THE HANDLING OF CARGO IS NOT NECESSARY FOR THE PURPOSE OF EFFECTING REPAIRS TO THE VESSEL. IN THE EVENT OF ACCIDENT, DANGER OF 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 GOODS, THE SHIPPER, CONSGINEE, RECEIVER, HOLDER OF THIS BILL OF LADING, OWNER OF THE GOODS, AND PERSON ENTITLED TO THE POSSESSION OF THE GOODS, JOINTLY AND SEVERALLY, SHALL CONTRIBUTE WITH THE CARRIER IN GENERAL AVERAGE TO THE PAYMENT OF ANY SACRIFICES, LOSSES OR EXPENSES OF A GENERAL AVERAGE NATURE THAT MAY BE MADE IN INCURRED AND SHALL PAY SALVAGE AND SPECIAL CHARGES INCURRED IN RESPECT OF THE GOODS. OF A SALING SHIP IS OWNED OR OPERATED BY THE CARRIER SALVAGE SHALL BE PAID FOR AS FULLY AND IN THE SAME MANNER AS IF SUCH SALVING SHIP OR SHIPS WERE OWNED OR OPERATED BY STRANGERS. CARGOES CONTRIBUTION IN GENERAL AVERAGE SHALL BE PAID TO THE SHIP OWNER EVEN WHEN SUCH AVERAGE IS THE RESULT OF FAULT, NEGLECT OR ERROR OF THE MASTER, PILOT, OFFICERS OR CREW. THE MERCHANT EXPRESSLY RENOUNCES ANY AND ALL CODES, STATUTES, LAWS OR REGULATIONS WHICH MIGHT OTHERWISE APPLY.
RULE: 8 SUB-RULE: 29
NAME: B/L CLAUSE 29
29. IN CASE OF ANY LOSS OR DAMAGE TO OR IN CONNECTION WITH GOODS EXCEEDING IN ACTUAL VALUES THE EQUIVALENT OF $500.00 LAWFUL MONEY OF THE UNITED STATES, PER PACKAGE, OR IN CASE OF GOODS NOT SHIPPED IN PACKAGES, PER SHIPPING UNIT, THE VALUE OF THE GOODS SHALL BE DEEMED TO BE $500.00 PER PACKAGE OR PER SHIPPING UNIT. THE CARRIER'S LIABILITY, IF ANY, SHALL BE DETERMINED ON THE BASIS OF VALUE OR $500.00 PER PACKAGE OR PER SHIPPING UNITS OR PRO RATA CASE OF PARTIAL LOSS OR DAMAGE, UNLESS THE NATURE OF THE GOODS AND A VALUATION HIGHER THAN $500.00 PER PACKAGE OR PER SHIPPING UNIT SHALL HAVE BEEN DECLARED BY THE SHIPPER BEFORE SHIPMENT AND INSERT IN THIS BILL OF LADING, AND EXTRA FREIGHT PAID IF REQUIRED. IN SUCH CASE, IF THE ACTUAL VALUE OF THE GOODS PER PACKAGE OR PER SHIPPING UNIT SHALL EXCEED SUCH DECLARED VALUE, THE VALUE SHALL NEVERTHELESS BE DEEMED TO BE DECLARED VALUE AND THE CARRIER'S LIABILITY, IF ANY, SHALL NOT EXCEED THE DECLARED VALUE AND ANY PARTIAL LOSS OR DAMAGE SHALL BE ADJUSTED PRO RATA ON THE BASIS OF SUCH DECLARED VALUE. THE WORDS "SHIPPING UNIT" SHALL MEAN EACH PHYSICAL UNIT OR PIECE OF CARGO NOT SHIPPED IN A PACKAGE, INCLUDING 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. WHERE CONTAINRES, VANS, TRAILERS, TRANSPORTABLE TANK, FLATS, PALLETIZED UNITS AND OTHER SUCH PACKAGES ARE NOT PACKED BY THE CARRIER, EACH INDIVIDUAL SUCH CONTAINER, VAN, TRAILER, TRANSPORTABLE TANK, PALLETIZED UNIT AND OTHER SUCH PACKAGE INCLUDING IN EACH INSTANCE ITS CONTENTS, SHALL BE DEEMED A SINGLE PACKAGE AND CARRIER'S LIABILITY LIMITED TO $500.00 WITH RESPECT TO EACH SUCH PACKAGE.
RULE: 8 SUB-RULE: 30
NAME: B/L CLAUSE 30
30. AS TO LOSS OR DAMAGE TO THE GOODS OR PACKAGES OCCURRING OR PRESUMED TO HAVE OCCURRED DURING OCEAN VOYAGE, UNLESS NOTICE OF LOSS OF OR DAMAGE AND THE GENERAL NATURE OF IT BE GIVEN IN WRITING TO THE CARRIER OR ITS AGENT AT THE PORT OF DELIVERY BEFORE OR AT THE TIME OF THE REMOVAL OF THE GOODS OR PACKAGES INTO THE CUSTODY OF THE PERSON ENTITLED TO DELIVERY THEREOF UNDER THIS BILL OF LADING OR IF THE LOSS OR DAMAGE BE NOTAPPARENT, WITHIN THREE CONSECUTIVE DAYS AFTER DELIVERY AT THE PORT OF DISCHARGE SUCH REMOVAL SHALL BE PRIMA FACIE EVIDENCE OF THE DELIVERY BY THE CARRIER OF THE GOODS OR PACKAGES AS DESCRIBED IN THIS BILL OF LADING.
RULE: 8 SUB-RULE; 31
NAME; B/L CLAUSE 31
31. AS TO LOSS OR DAMAGE TO THE GOODS OR PACKAGES OCCURRING OR PRESUMED TO HAVE OCCURRED DURING OCEAN CARRIAGE, THE CARRIER AND THE VESSEL SHALL BE DISCHARGED FROM ALL LIABILITY IN REPSECT OF LOSS, DAMAGE, MISDELIVERY, DELAY OR IN RESPECT OF ANY OTHER BREACH OF THIS CONTRACT AND ANY CLAIM WHATSOEVER WITH RESPECT TO THE GOODS OR PACKAGES, UNLESS SUIT IS BROUGHT WITHIN ONE YEAR AFTER DELIVERY OF THE GOODS OR PACKAGES OR THE DATE WHEN THE GOODS OR PACKAGES SHOULD HAVE BEEN DELIVERED. SUIT SHALL NOT BE DEEMED BROUGHT UNLESS JURISDICTION SHALL HAVE BEEN OBTAINED OVER THE CARRIER AND/OR THE VESSEL BY SERVICE OF PROCESS OR BY AN AGREEMENT TO APPEAR.
RULE: 8 SUB-RULE: 32
NAME: B/L CLAUSE 32
32. GOLD, SILVER, SPECIE, BULLION OR OTHER VALUABLES, INCLUDING THOSE NAMED OR DESCRIBED IN SEC. 4281 OF THE REVISED STATUTES OF THE UNITED STATES, WILL NOT BE RECEIVED BY THE CARRIER UNLESS THEIR TRUE CHARACTER AND VALUE ARE DISCLOSED TO THE CARRIER AND A SPECIAL WRITTEN AGREEMTN THEREFORE HAS BEEN MADE IN ADVANCE, AND WILL NOT IN ANY CASE, BE LOADED OR LANDED BY THE CARRIER. NO SUCH VALUABLES SHALL BE CONSIDERED RECEIVED BY OR DELIVERED TO THE CARRIER UNTIL BROUGHT ABOARD THE SHIP BY THE SHIPPER AND PUT IN THE ACTUAL POSSESSION OF AND A WRITTEN RECEIPT THEREFORE IS GIVEN TO THE MASTER OR OTHER OFFICER IN CHARGE. SUCH VALUABLE WILL ONYL BE DELIVERED BY THE CARRIER ABOARD THE SHIP ON PRESENTATION OF BILLS OF LADING PROPERLY ENDORSED AND UPON SUCH DELIVERY ON BOARD THE CARRIER'S RESPONSIBILITY SHALL CEASE. IF DELIVERY IS NOT SO TAKEN PROMPTLY AFTER THE SHIP'S ARRIVAL AT TRHE PORT OF DISCHARGE, THE GOODS MAY BE RETAINED ABOARD OR LANDED OR CARRIED ON, SOLELY AT THE RISK AND EXPENSE OF THE GOODS.
RULE: 8 SUB-RULE: 33
NAME: B/L CLAUSE 33
33. IT IS AGREED THAT SUPERFICIAL RUST, OXIDATION OR ANY LIKE CONDITION DUE TO MOISTURE, IS NOT A CONDITION OF DAMAGE BUT IS INHERENT TO THE NATURE OF THE CARGO, AND ACKNOWLEDGEMENT OF RECEIPT OF THE GOODS IN APPARENT GOOD ORDER AND CONDITION IS NOT A REPRESENTATION THAT SUCH CONDITIONS OF RUST, OXIDATION AND THE LIKE DID NOT EXIST ON RECEIPT.
RULE: 8 SUB-RULE: 34
NAME: B/L CLAUSE 34
34. NOTHING IN THIS BILL OF LADING SHALL OPERATE TO DEPRIVE THE CARRIER OF ANY STATUTORY PROTECTION OR EXEMPTION FROM OR LIMITATION OF LIABILITY CONTAINED IN THE LAWS OF THE UNITED STATES, OR IN THE LAWS OF ANY OTHER COUNTRY WHICH MAY BE APPLICABLE. THIS BILL OF LADING SHALL BE CONSTRUED ACCORDING TO THE LAWS OF THE UNITED STATES AND THE MERCHANT AGREES THAT ANY SUITS AGAINST THE CARRIER SHALL BE BROUGHT IN THE FEDERAL COURTS OF THE UNITED STATES. THE TERMS OF THIS BILL OF LADING SHALL BE SEPARABLE AND IF ANY PART AND TERM THEREOF SHALL BE HELD INVALID, SUCH HOLDING SHALL NOT EFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PART OR TERM THEREOF.
RULE: 9 SUB-RULE:
NAME: FREIGHT FORWARDER COMPENSATION
9. FREIGHT FORWARDER COMPENSATION IS PAYABLE ON THE BASE OCEAN FREIGHT AT THE FOLLOWING RATES:
LOOSE FREIGHT/LCL (WM): 10%
CONTAINERIZED CARGO (PC): 5%
EACH (EA): 5%
AD VALOREM (AV): 5%
LUMPSUM (LS): 5%
THOUSAND BOARD FEET (MBF): 5%
TO OCEAN FREIGHT FORWARDERS LICENSED BY THE FEDERAL MARITIME COMMISSION (FMC) ON UNITED STATES EXPORT SHIPMENTS (IN ACCORDANCE WITH CFR 46, PART 510.23.(b)). LICENSED OCEAN FREIGHT FORWARDERS THAT ARE ALSO USA CUSTOM HOUSE BROKERS WILL NOT RECEIVE ADDITIONAL COMPENSATION FOR BROKERAGE ON OCEAN FREIGHT SURCHARGES. SHOULD FREIGHT FORWARDER'S COMPENSATION NOT BE PAYABLE ON A PARTICULAR TLI, THIS WILL BE SHOWN AT THE TLI LEVEL.
RULE: 10 SUB-RULE:
NAME: SURCHARGES AND ARBITRARIES
EQUIPMENT IMBALANCE SURCHARGE WILL BE $20.00 W/M INBOUND FROM BRAZIL TO THE UNITED STATES.
RULE: 11 SUB-RULE:
NAME: MINIMUM QUANTITY RATES
WHEN TWO OR MORE TLIs ARE NAMED FOR THE SAME COMMODITY OVER THE SAME ROUTE AND UNDER SIMILAR CONDITIONS, AND THE APPLICATION IS DEPENDENT UPON THE QUANTITY OF THE COMMODITY SHIPPED, THE TOTAL FREIGHT CHARGES ASSESSED AGAINST THE SHIPMENT MAY NOT EXCEED THE TOTAL CHARGES COMPUTED FOR A LARGER QUANTITY, IF THE TLI SPECIFYING A REQUIRED MINIMUM QUANTITY (EITHER WEIGHT OR MEASUREMENT PER CONTAINER OR IN CONTAINERS), WILL BE APPLICABLE TO THE CONTENTS OF THE CONTAINER(S), AND IF THE MINIMUM SET FORTH IS MET OR EXCEEDED. AT THE SHIPPER'S OPTION, A QUANTITY LESS THAN THE MINIMUM LEVEL MAY BE FREIGHTED AT THE LOWER TLI IF THE WEIGHT OR MEASUREMENT DECLARED FOR RATING PURPOSES IS INCREASED TO THE MINIMUM LEVEL.
RULE: 12 SUB-RULE;
NAME: AD VALOREM RATES
NOT APPLICABLE
RULE: 13 SUB-RULE:
NAME: TRANSSHIPMENT
NOT APPLICABLE
RULE: 14 SUB-RULE:
NAME: CO-LOADING IN FOREIGN COMMERCE
J.S. CONNOR CONTAINERLINE DOES NOT TENDER CARGO FOR CO-LOADING IN FOREIGN COMMERCE ON A SHIPPER-TO-CARRIER BASIS. J.S. CONNOR CONTAINER LINE DOES TENDER CARGO TO OTHER NVOCCs, BUT ONLY UNDER CARRIER-TO-CARRIER RELATIONSHIPS NOTED BELOW.
J.S. CONNOR CONTAINER LINE HAS ENTERED INTO CARRIER-TO-CARRIER AGREEMENTS WITH THE FOLLOWING NVOCCs:
VOTAINER CONSOLIDATED SERVICES
TRANSCONTAINER TRANSPORT, INC.
CAROLINA FREIGHT
PAN AMERICAN CONTAINER CORP.
M&S SHIPPING LIMITED
BRENNAN INTERNATIONAL
CONTERM, INC.
PACIFIC AUSTRAL, INC.
EXPORT TRANSPORT, INC.
JAGUAR INTERMODAL, INC.
SCANFREIGHT INC.
RULE: 15 SUB-RULE;
NAME: OPEN RATES IN FOREIGN COMMERCE
NOT APPLICABLE
RULE: 16 SUB-RULE:
NAME: HAZARDOUS CARGO
EXPLOSIVE, INFLAMMABLE, CORROSIVE OR OTHER DANGEROUS CARGO WILL BE SUBJECT TO SPECIAL BOOKING ARRANGEMENTS WITH THE INDIVIDUAL CARRIERS AND SUBJECT ALSO TO CARRIERS OPTION OF ACCEPTANCE. IN THE ABSENCE OF SPECIFIC PROVISION, ALL COMMODITIES WHICH BY REGULATIONS OF THE UNITED STATES TREASURY DEPARTMENT IN THEIR PUBLICATION ENTITLED "EXPLOSIVES OR OTHER DANGEROUS ARTICLES ON BOARD VESSELS" AS PRESECRIBED BY THE COMMANDANT OF THE COAST GUARD ARE REQUIRED TO BE CARRIED ON VESSELS DECK ONLY, EITHER IN OPEN OR UNDERCOVER, SHALL BE CONSIDERED DANGEROUS OR HAZARDOUS AND RATED ACCORDINGLY. IN THE PRESENCE OF SPECIFIED PROVISION, COMMODITIES FOR WHICH STOWAGE ANYWHERE BELOW THE MAIN DECK OTHER THAN "MAGAZINE" IS PERMITTED ARE TO BE CONSIDERED NON-HAZARDOUS AND RATED ACCORDINGLY. HAZARDOUS CARGO WHICH CAN BE LEGALLY CONTAINERIZED SHALL BE CONSIDERED AS NON-HAZARDOUS CARGO FOR RATING PURPOSES.
RULE: 17 SUB-RULE:
NAME: GREEN SALTED HIDES IN FOREIGN COMMERCE
NOT APPLICABLE.
RULE: 18 SUB-RULE:
NAME: RETURNED CARGO IN FOREIGN COMMERCE
NOT APPLICABLE.
RULE: 19 SUB-RULE:
NAME: SHIPPERS REQUEST IN FOREIGN COMMERCE
SHIPPERS REQUESTS/CONSULTATIONS/COMPLAINTS ADDRESSED TO J.S. CONNOR CONTAINER LINE MAY BE SENT TO THE FOLLOWING ADDRESS:
MR. SCOTT EDWARDS
J.S. CONNOR CONTAINER LINE
DIV. OF JOHN S CONNOR, INC.
401 EAST PRATT STREET, SUITE 700
BALTIMORE, MD 21202
RULE: 20 SUB-RULE:
NAME: OVERCHARGE CLAIMS
1) CLAIMS FOR FREIGHT RATE ADJUSTMENTS FILED IN WRITING WILL BE ACKNOWLEDGED BY THE COMMON CARRIER WITHIN 20 DAYS OF RECEIPT BY WRITTEN NOTICE TO THE CLAIMANT OF THE TARIFF PROVISIONS ACTUALLY APPLIED AND THE CLAIMANT'S RIGHTS UNDER THE 1916 ACT OR 1984 ACT.
2) CLAIMS SEEKING THE REFUND OF FREIGHT OVERCHARGES MAY BE FILED IN THE FORM OF A COMPLAINT WITH THE FEDERAL MARITIME COMMISSION, WASHINGTON, D.C., 20573, PERSUANT SECTION 11 (g) OF THE SHIPPING ACT OF 1984 (46 U.S.C. app 1710) FOR FOREIGN COMMERCE, AND THAT SUCH CLAIMS MUST BE FILED WITHIN THREE (3) YEARS OF THE DATE THE CAUSE OF ACTION ACCRUED.
RULE: 21 SUB-RULE:
NAME: USE OF CARRIER EQUIPMENT
NOT APPLICABLE.
RULE; 22 SUB-RULE:
NAME: AUTOMOBILE RATES IN DOMESTIC OFFSHORE COMMERCE
NOT APPLICABLE.
RULE: 23 SUB-RULE:
NAME: CARRIER TERMINAL RULES AND CHARGES
TERMINAL RECEIVING CHARGES
A TERMINAL RECEIVING CHARGE OF USD 30.00 W/M WILL APPLY TO ALL INBOUND LCL CARGO FROM FOREIGN ORIGIN TO U.S. DESTINATION UNLESS OTHERWISE SPECIFIED. (A) TERMINAL RECEIVING CHARGE TO PORT OF NEW YORK WILL BE $25 WM. LEATHER GOODS ARRIVING AT U.S. PORTS OF BALTIMORE AND NEW YORK FROM THE PORT OF RIO GRANDE, BRAZIL WILL BE ASSESSED A U.S. TERMINAL RECEIVING CHARGE OF USD 20.00 W/M (R) DOCUMENT TURNOVER FEE A DOCUMENT TURNOVER FEE OF USD 45.00 WILL APPLY TO ALL INBOUND LCL CARGO FROM FOREIGN ORIGIN TO U.S. DESTINATION UNLESS OTHERWISE SPECIFIED. CONTAINER STRIPPING CHARGE WILL BE ASSESSED ON ALL IMPORT CONTAINERS FROM BRAZIL TO THE PORT OF NEW YORK OF $12.50 WEIGHT OR MEASURE, WHICHEVER GENERATES THE GREATER REVENUE.
RULE: 24 SUB-RULE:
NAME: NVOCCs ,IN FOREIGN COMMERCE BONDS AND AGENTS
J.S. CONNOR CONTAINER LINE, A DIVISION OF JOHN S. CONNOR, INC., HAS FURNISHED THE FEDERAL MARITIME COMMISSION A BOND IN THE AMOUNT REQIRED BY 46 CFR 583.4 TO ENSURE THE FINANCIAL RESPONSIBILITY OF J.S. CONNOR CONTAINER LINE FOR THE PAYMENT OF ANY JUDGEMENT FOR DAMAGES ARISING FROM ITS TRANSPORTATION-RELATED ACTIVITIES, ORDER FOR REPARATIONS ISSUED PURSUANT TO SECTION 11 OF THE SHIPPING ACT OF 1984, OR PENALTY ASSESSED PURSUANT TO SECTION 13 OF THE SHIPPING ACT OF 1984.
BOND NUMBER: NVOC0243
EFFECTIVE DATE: MAY 13, 1991
ISSUED BY; AMERICAN MOTORISTS INSURANCE COMPANY
(AN ILLINOIS CORPORATION)
2 WORLD TRADE CENTER
NEW YORK, NY 10048
CONTACT: MR. JAMES GORMAN
J.S. CONNOR CONTAINER LINE, A DIVISION OF JOHN S. CONNOR, INC., IS DOMICILED IN THE UNITED STATES (AT THE ADDRESS SHOWN IN RULE 19--SAME AS THE TARIFF RECORD).
RULE: 25 SUB-RULE:
NAME: CERTIFICATION OF SHIPPER STATUS IN FOREIGN COMMERCE
NOT APPLICABLE.
RULE: 26 SUB-RULE:
NAME: TIME/VOLUME RATES IN FOREIGN COMMERCE
NOT APPLICABLE.
RULE: 27 SUB-RULE:
NAME: LOYALTY CONTRACTS IN FOREIGN COMMERCE
NOT APPLICABLE.
RULE: 28 SUB-RULE:
NAME: DEFINITIONS
NOT APPLICABLE.
RULE: 29 SUB-RULE:
NAME: SYMBOLS
THE FOLLOWING SYMBOLS WILL/MIGHT BE USED IN VARIOUS SECTIONS OF THIS TARIFF:
<A> ORIGIN POINTS AND/OR PORTS
<B> ORIGIN POINTS ONLY
<C> DESTINATION POINTS AND OR PORTS
<D> DESTINATION POINTS ONLY
<E> COVERED UNDER EUROPE CARGO, N.O.S. RATES
<F> COVERED UNDER ASIAN AND SOUTH PACIFIC CARGO, N.O.S. RATES
<G> COVERED UNDER FAR EAST CARGO, N.O.S. RATES
(INBOUND CARGO TO THE U.S.A.)
<H> COVERED UNDER AFRICA CARGO, N.O.S. RATES
<I> COVERED UNDER NORTH & SOUTH AMERICA CARGO, N.O.S. RATES
& AND
$ USD (UNITED STATES DOLLARS)
@ AT
% PERCENTAGE
# NUMBER (DEPENDS ON CONTEXT USED)
# WEIGHT IN POUNDS (DEPENDS ON CONTEXT USED)
/ DIVISION
* MULTIPLICATION
+ ADDITION
- SUBTRACTION
= EQUALS (OR EQUAL TO)
RULE: 30 SUB-RULE:
NAME: ACCESS TO TARIFF INFORMATION
ACCESS TO J.S. CONNOR CONTAINER LINE TARIFF INFORMATION BY THE GENERAL PUBLIC CAN BE PBTAINED IN FIVE WAYS. THE FIRST METHOD IS TO VISIT THE FEDERAL MARITIME COMMISSION'S TARIFF CONTROL CENTER IN WASHINGTON, D.C. LOCATED AT FMC HEADQUARTERS. THE SECOND IS TO BE ISSUED AN INTERACTIVE RETRIEVAL USERID, WHEREBY ANY MEMBER OF THE PUBLIC ACCESSES THE ATFI SYSTEM VIA DIAL-UP CONNECTION, USING TELECOMMUNICATIONS LINKS, A MODEM AND A TERMINAL, AND INTERACTS WITH THE SYSTEM ON A TRANSACTION BY TRANSACTION BASIS TO RETRIEVE TARIFF MATTER. THE THIRD METHOD IS TO OBTAIN BATCH RETRIEVAL THROUGH DATABASE TAPES (WHICH WILL INCLUDE ALL FILED TARIFF MATTER WITH THE FMC FOR ALL CARRIERS, CONFERENCES, AND TERMINAL OPERATORS. BATCH RETRIEVAL MUST BE ARRANGED BY CONTACTING THE FMC DIRECTLY. METHODS FOUR AND FIVE ARE DONE BY VISITING J.S. CONNOR CONTAINER LINE'S OFFICE, A DIVISION OF JOHN S. CONNOR, INC., AT THE ADDRESS SHOWN IN RULE 19 OF THIS TARIFF (SAME AS IN THE TARIFF RECORD). TLI RATES FILED AS REDUCTIONS OF CARGO, N.O.S. RATES WILL BE FILED FIRST BY DESTINATION GROUPS, THEN BY ALPHABETICAL COMMODITY DESCRIPTIONS IN PAPER FORMAT IN A BINDER LOCATED ON THE SEVENTH FLOOR. ANY MEMBER OF THE PUBLIC MAY VIEW THIS INFORMATION DURING NORMAL OFFICE HOURS (MONDAY-FRIDAY, 9:00 A.M. - 5:00 P.M., NORMAL HOLIDAYS EXCLUDED). THIS BINDER WILL ONLY CONTAIN RATES, NMOT RULES, ETC. WHERE THE PAPER TARIFF INFORMATION CONFLICTS WITH THE ATFI TARIFF # 006471-003 THE ATFI TARIFF WILL PREVAIL (AS PER U.S.A. LAW). NO FEE WILL BE CHARGED FOR ASSISTING WITH THIS SERVICE. THE FINAL OPTION IS FOR ONE OF OUR TRAINED STAFF TO ACCESS THE ATFI DATABASE VIA OUR OWN COMPANY COMPUTER AND MODEM, WHEREBY INFORMATION IS ACCESSED AT NO ADDITIONAL FMC USER FEE COST BY USING THE "TARIFF FILING" MODE. DUE TO TELEPHONE AND OTHER EXPENSES, WE WILL CHARGE A FEE OF $0.50 PER MINUTE ($30.00 PER HOUR) TO THE MEMBER OF THE PUBLIC ACCESSING J. S. CONNOR CONTAINER LINE TARIFF INFORMATION VIA THIS METHOD. SHOULD SAID PARTY WISH TO VIEW OUR TARIFF IN THE "TARIFF RETRIEVAL" MODE, FOR WHICH A FMC USER FEE IS ASSESSED, THE PREVAILING FEE PER MINUTE WILL BE CHARGED AT COST IN ADDITION TO THE $0.50 PER MINUTE FEE CHARGED BY J.S. CONNOR CONTAINER LINE FOR THIS SERVICE. IN THE EVENT OF A MAJOR EMERGENCY, WHEREBY THE A.T.F.I. SYSTEM IS TEMPORARILY NOT IN FUNCTIONING ORDER, THE OFFICIAL TARIFF OF RECORD WILL BE THE PAPER TARIFF AVAILABLE FOR PUBLIC ACCESS AT J.S. CONNOR CONTAINER LINE'S PHYSICAL ADDRESS SHOWN IN RULE 19 OF THIS TARIFF, AS SOON AS THE A.T.F.I. SYSTEM IS IN FUNCTIONING ORDER, THE A.T.F.I. ELECTRONICALLY FILED TARIFF SHALL AGAIN BE THE OFFICIAL TARIFF FOR J.S. CONNOR CONTAINER LINE.
RULE: 31 SUB-RULE:
NAME: SEASONAL DISCONTINUANCE
NOT APPLICABLE.
RULE: 32 SUB-RULE:
NAME: MILITARY CARGO TERMS
NOT APPLICABLE.
RULE: 33 SUB-RULE:
NAME: PROJECT RATES
NOT APPLICABLE.
RULE: 34 SUB-RULE;
NAME: TERMINAL TARIFFS
NOT APPLICABLE.
RULE: 100 SUB-RULE:
NAME: RESERVED
TRANSFERRED TEXT TO RULE 2, SUBRULE 3.
RULE; 101 SUB-RULE:
NAME: RESERVED
TRANSFERRED TEXT TO RULE 2, SUBRULE 4.
RULE: 102 SUB-RULE:
NAME: RESERVED
TRANSFERRED TEXT TO RULE 2, SUBRULE 5.
RULE: 103 SUB-RULE:
NAME: RESERVED
TRANSFERRED TEXT TO RULE 2, SUBRULE 6.
RULE: 104 SUB-RULE:
NAME: RESERVED
NOT APPLICABLE.
RULE: 105 SUB-RULE:
NAME: RESERVED
TRANSFERRED TEXT TO RULE 2, SUBRULE 7.