Master, Pilot, Officers, Crew, Stevedores, 10. LIMITATION OF LIABILITY. 2.
If, after the Vessel has left port of
Servants, Agents or other person In case of any loss or damage to or in loading, any port of discharge named in this BILL OF LADING whomsoever for whom the Carrier may be connection with goods exceeding in actual Bill of Lading be or be declared to be, responsible, whether in the service of the value a 100 Pounds Sterling per package, blockaded, or if owing to any port of the CONDITIONS Carrier or not, and whether or not/the or in case of goods not shipped in matters mentioned in sub clauses 1 (A) and UNIFORM BILL OF LADING CLAUSES above named Vessel or any other Vessel or packages per customary freight unit the (B) entry to any such port of discharge of 1946 APPROVED BY THE craft in which the said animals may be value of the goods shall be deemed to be cargo intended for any such port be in the DOCUMENTARY COUNCIL OF THE loaded was unseaworthy at the time of 100 Pounds Sterling per package or per Master's discretion dangerous or be BALTIC AND INTERNATIONAL MARITIME loading authorised to grant a general or unit, on which basis the freight is adjusted prohibited, or it be found in the Master's CONFERENCE - CODE NAME CONBILL. sailing or at any other time. and the Carrier's liability if any shall be discretion dangerous or impossible for the determined on the basis of a value of 100 Vessel to reach or remain at any such port, 1. RESPONSIBILITY. The Carrier is to be 6. AVERAGE. General Average to be Pounds Sterling per package or per the cargo or such part of it as may be responsible for loss of or damage to the settled according to York Antwerp Rules, customary freight unit, or pro rata in case of affected shall be discharged at such safe goods or for delay in delivery of the goods 1950, Proprietors of cargo to pay the partial loss or damage, unless the nature of port which the Vessel may call at or would only in case the loss, damage or delay has cargo's share in the general expenses even the goods and a valuation higher than 100 pass in the ordinary course of the contract been caused by the improper or negligent if same have been necessitated through Pounds Sterling shall have been declared voyage as may be nominated by the stowage of the goods (unless stowage neglect or default of the Carrier's Servants. in writing by the Shipper upon delivery to Shippers with 4 hours after receiving the performed by Shippers of their Stevedores The Shippers, Consignees and Owners of the Carrier and inserted, in this Bill of Carrier's request for nomination of a or Servants) or by personal want due the Netherlands Commercial Code goods Lading and extra freight paid if required and substitute discharging port or at such safe diligence on the part of the Carrier or his expressly renounce the Netherlands in such case in the actual value of the port as the Master may decide as should Manager to make the Vessel in all Commercial Code Art.700 and the Belgian goods per package or per customary freight the Shippers fall to nomination. respects seaworthy and to secure that she Commercial Code Part II Art. 148. unit shall exceed such declared value, the is properly manned, equipped and supplied value shall nevertheless be deemed to be 3. The Vessel shall have liberty to comply or by the personal act or default of the 7. AMENDED JASON CLAUSE. In the the declared value and any partial loss or with any orders or directions as to Carrier or his Manager. event of accident, danger, damage, or damage shall be adjusted prorate on the departure, arrival routes, ports of call disaster before or after commencement of basis of such declared value. stoppages, destination discharge or in any And the Carrier is responsible for no loss the voyage resulting from any cause otherwise whatsoever given by the or damage or delay arising from any other whatsoever whether due to negligence or Unless notice of loss or damage and the government of the nation under whose flag cause, whatsoever, even from the neglect not, for which or for the consequence of general nature of such loss or damage be the Vessel sails or any other government or or default of the Master or crew or some which the Carrier is not responsible by given in writing to the Carrier or his Agent any person (or body acting or purporting to other person employed by the Carrier on statute, contract, or otherwise, the cargo at the port of discharge before or at the act with) the authority of such government board or ashore for whose acts he would Shippers, Consignees or Owners of the time of the removal of the goods into the or by any committee or person having but for this clause be responsible, or from cargo shall contribute with the Carrier in custody of the person entitled to delivery under the terms of the war risks insurance unseaworthiness of the Vessel on loading General Average to the payment of any thereof under the contract of carriage, such on the Vessel the right to give any such or commencement of the voyage or at any sacrifices, losses or expenses of a General removal shall be prima facie evidence of orders or directions. If by reason of such time whatsoever. Average nature that may be made or the delivery by the Carrier of the goods as orders or directions anything is done or is incurred, and shall pay salvage and special described in the Bill of Lading. If the loss or not done it shall not be deemed a deviation. Damage caused by contact with or charges incurred in respect of the cargo. If damage is not apparent the notice must be leakage, smell or evaporation from other a salving ship is owned or operated by the given within three days of the delivery. In 4. The discharge of any cargo at other than goods or by the inflammable or explosive Carrier, salvage shall be paid for as fully as any event the Carrier and the Vessel shall the loading port under the provisions of nature or insufficient package or other if the salving ship or ships belong to be discharged from all liability in respect of sub-clause 2 and/or the conclusions of the goods not to be considered as caused by strangers. loss or damage unless suit is brought within adventure consequent upon compliance improper or negligent stowage, even if in one year after the delivery of the goods or with any orders or directions referred to in fact so caused. 8. BOTH TO BLAME COLLISION the date when the goods should have been sub clause 2 whether the cargo be CLAUSE. If the vessel comes into collision delivered. discharged or not, shall be deemed to be in 2. DEVIATION. The vessel has liberty to with another ship as a result of the Any disputes arising under this Bill of fulfilment of the contract voyage and freight call at any port or ports in any order for any negligence of the other ship and any act Lading to be decided according to the law shall be payable accordingly. All extra purpose, to sail without pilots, to tow and/or neglect or default of the Master Mariner, of Vessel's flag. expenses in consequence thereof shall be assist vessels in all situations, and also to Pilots or the Servants of the Carrier in the paid by the Shippers or Owners of the deviate for the purpose of saving life and/or navigation or in the management of the 11. QUARANTINE, LOCKOUTS, STRIKES cargo Carrier having a lien on the cargo for property and also in accordance with the Vessel, the Owners of the cargo carried AND ICE. If on account of actual or freight and all expenses incurred by him clauses relating to Quarantine, Lockouts, thereunder will indemnify the Carrier threatened quarantine, ice, strikes, lockouts whether for discharge or otherwise. Strikes, Ice and War. against all loss or liability to the other or or reasons of a similar nature, the Master at non-carrying ship or her Owners is so far any time is in doubt as to whether he can 13. GENERAL PARAMOUNT CLAUSE. 3. DELIVERY. Goods to be taken from the as such loss or liability represents loss of, safely reach or enter the port of destination, This Bill of Lading, shall have effect subject Vessel by Receivers directly they come to or damage, to, or any claim whatsoever of there discharge in the usual manner or to the provisions of any legislation relating hand in discharging the Vessel and the the Owners of said cargo, paid or payable, proceed thence on his voyage unmolested, to the carriage of goods by sea which Carrier's responsibility to cease package by the other or non-carrying ship or the he is at liberty to discharge the goods at incorporates the rules relating to Bills of by package immediately the goods leave Owners to the Owners of said cargo and another port which he may consider safe. Lading contained in the International the Vessel's deck or tackle. If not thus set off recouped or recovered by the other Such discharge shall be deemed to be in Convention, dated Brussels 25 the August taken from alongside by Receivers they or non-carrying ship or the Owners as part fulfilment of the contract voyage and freight 1924, and which is copulsorily applicable to may be landed and deposited at the of their claim against the carrying Vessel or shall be payable accordingly. Receivers the contract of legislation shall be deemed expense of the Owners of the goods and at Carrier. The foregoing provisions shall also and/or Shippers to be informed, if possible, to be carriage herein contained. Such their risk of fire loss or injury, on the dock apply where the Owners, operators or and be liable for all extra expenses thereby legislation shall be deemed to be or in the warehouse, or in craft the Port those in charge of any ship or ships or incurred. incorporated herein but nothing herein Authorities being hereby authorised to objects other than, or in addition, to the contained shall be deemed a surrender by grant a general order for the discharge colliding ships or objects as at fault, in 12. WAR 1 (A). If the nation under whose the Carrier of any of its rights or immunities immediately after the entry of the Vessel. respect of a collisions or contact. flag the Vessel sails be engaged in war, or an increase of any of its responsibilities hostilities or warlike operations or be of liabilities thereunder. If any term of this 4. LIEN The Carrier has a lien on all goods 9. PAYMENT OF FREIGHT. Full freight has involved in civil war or revolution whereby Bill of Lading be repugnant to any extent to for payment of freight, deadfreight and to be paid on cargo damaged or diminished the safe navigation of the Vessel may be any legislation by this clause incorporated difference in freight and for any expenses by leakage. For any increase in weight endangered the cargo loaded shall be such terms shall be void to that extent but incurred before or after shipment, including owing to sea damage no freight has to be discharged at the port of loading. no further. Nothing in this Bill of Lading demurrage cost or repairs, if any, and paid. shall operate to limit or deprive the Carrier forwarding expenses, fines, damages and Freight payable at port of destination, (B) If owing to or during any war hostilities of any statutory protection or exemption expenses, mentioned in this Bill of Lading. together with all other amounts mentioned warlike operations civil war or revolution from or limitation of liability. in the lien Clause, is to be paid on delivery any cargo loaded under this Bill of Lading The Carrier shall also be entitled to fall of the goods in cash without deduction and becomes, or be declared to be, contraband, 14. SHIPMENTS BETWEEN PORTS IN back on the Shipper for the difference in the currency named in the Bill of Lading, whether absolute or conditional, or liable to DENMARK, FINLAND, NORWAY AND between the total amount owned to the or at the option of the option of the confiscation or detention such cargo shall SWEDEN. Where Par. 122 of the Danish, Carrier and the net proceeds of the goods. Receivers in the currency of the country at be discharged at port of loading. Finish, Norwegian and Swedish, maritime the highest rate of exchange for banker's laws apply the Carrier is considered to 5. LIVE ANIMALS. Live animals, shipped sight Bills current on the day when the The discharge of any cargo effected at the have taken all such reservation as to the thereunder are received, kept, carried and Vessel is entered at the custom-house. port of loading shall be at Shipper's risk liability and responsibility as he is allowed discharged at the sole risk of the Owner and expense, the contract of carriage to do by the sections 122 and 123 of the thereof, and the Carrier shall not under any Freight payable in advance cannot be thereupon being at an end so far as such said Acts. circumstances of any king whatsoever be reclaimed, even if the Vessel and/or cargo cargo in concerned. The Carrier shall have liable for any loss of or damage or delay should be lost. In calculating General the right to load other cargo in place of thereto, whether or not such loss, damage Average contribution, freight payable in cargo discharged. or delay may be due to the wrongful act, advance has to be added to the value of neglect or default of the Carrier, of the the goods.