B L Terms & Conditions

1. DEFINITIONS VERSION 4

“Carriage” means the whole or any part of the operations and services undertaken by the Carrier in respect of the Goods.

“Carrier” means AUSTRAL ASIA LINE PTE LTD.

“Combined Transport” arises if the Place of Receipt and or the Place of Delivery are indicated on the face hereof in the relevant spaces. It does not arise if the Port of Loading and the Place of Receipt are the same or the Port of Discharge and the Place of Delivery are the same.

“Container” includes any container, trailer, transportable tank, ¬at or pallet or any similar article used to consolidate goods and any equipment thereof or connected thereto.

“Freight” includes all charges payable to the Carrier which are incurred in connection with the fulfilment of the contract evidenced by this bill of lading.

“Goods” means the whole or any part of the cargo received from the Merchant and includes any equipment or Container not supplied by or on behalf of the Carrier.

“Hague Rules” means the International Convention for the Unification of Certain R ules of Law relating to Bills of Lading, done at Brussels on 25 August 1924 as am ended by the Protocol amending the Brussels Convention, done at Brussels on 23 February 1968 and also by the Protocol amending the Brussels Convention, as amended by the Visby Protocol, done at Brussels on 21 December 1979.

“Holder” means any Person who has come into possession of this bill of lading in good faith by virtue of being identified in the bill of lading as the consignee of the Goods, or has come into possession of this bill of lading in good faith as a result of the completion by delivery of the bill or any endorsement of the bill.

“Indemnify” includes defend, indemnify and hold harmless.

“Merchant” includes the S hipper, H older, Consignee, Receiver of the Goods, any Person owning or entitled to the possession of the Goods or of this bill of lading, any Person having a present or future interest in the Goods and anyone acting on behalf of any such Person.

“Person” includes an individual group company or other entity.

“Port to Port Shipment“ arises if the Carriage called for by this bill of lading is not Combined Transport.

“Sub-Contractor” includes owners and operators of vessels (other than the Carriers stevedores, terminal and groupage operators, road and rail transport operators) and any independent contractor whose services have been used in order to perform the contract.

CONDITIONS

2. CARRIER’S TARIFF

The terms of the Carrier’s applicable tariff are incorporated herein. Particular attention is drawn to the terms therein relating to Container and vehicle demurrage. The relevant provisions of the applicable tariff are obtainable from the Carrier or his agents upon request. In the case of inconsistency between this bill of lading and the applicable tariff this bill of lading shall prevail.

3. WARRANTY

The Merchant warrants that in agreeing to the terms hereof he is or has the authority of the Person owning or entitled to the possession of the Goods and this bill of lading.

4. CONTRACTOR AND INDEMNITY

(1) The Carrier shall be entitled to sub-contract the Carriage on any terms whatsoever.

(2) Any person whosoever or vessel whatsoever including but not limited to, the Carrier’s servants or agents, any independent contractor or his servants or agents, and all others by whom the whole or any part of the contract evidenced by this bill of lading, whether directly or indirectly, is procured, performed or undertaken, shall have the benefit of all provisions in this bill of lading benefiting the Carrier, as if such provisions were expressly for his benefit and in entering into this contract the Carrier to the extent of these provisions, does so not only on his own behalf but also as agent or trustee for such persons and vessels, and such persons or vessels shall to this extent be or be deemed to be parties to this contract.

(3) The Merchant undertakes that no claim or allegation shall be made against any Person whom soever (including all Sub Contractors of the Carrier) by whom the Carriage is performed or undertaken other than the Carrier which imposes or attempts to impose upon any such Person or any vessel owned by any such Person, any liability whatsoever in connection with the Goods or the Carriage of the Goods whether or not arising out of negligence on the part of such Person and if any such claim or allegation should nevertheless be made to Indemnify the Carrier against all consequences thereof. Without prejudice to the foregoing every such Person shall have the benefit of every right, defence, limitation and liberty of whatsoever nature herein contained or otherwise available to the Carrier as if such provisions where expressly for his benefit and in entering into this contract the Carrier to the extent of these provisions, does so not only on his own behalf but also as agent and trustee for such Persons.

(4) The provisions of Clause 4(2) and 4(3), including but not limited to the undertakings of the Merchant contained therein, shall extend to claims or allegations of whatsoever nature against other Persons chartering space on the carrying vessel.

(5) The Merchant further undertakes that no claim or allegation in respect of the Goods shall be made against the Carrier by any Person, other than in accordance with the terms and conditions of this bill of lading, which imposes or attempts to impose upon the Carrier any liability whatsoever in connection with the Goods or the Carriage of the Goods, whether or not arising out of negligence on the part of the Carrier and, if any such claim or allegation should nevertheless be made, to indemnify the Carrier against all consequences thereto.

5. CARRIER’S RESPONSIBILITY

PORT TO PORT SHIPMENT

(1) If the Carriage called for by this bill of lading is a Port to Port Shipment, the liability (if any) of the Carrier for the loss of or damage to the Goods shall be determined by any national law, code or rules compulsorily applicable to the Carriage. If no national law, code or rules are compulsorily applicable to the Carriage, or if the compulsorily applicable national law, code or rules permits the parties to derogate from its terms in the Carrier’s favour, the liability (if any) of the Carrier shall be determined in accordance with the Hague Rules.

(2) Notwithstanding the above unless and to the extent that any applicable compulsory law provides to the contrary (in which case the Carrier shall have the benefit of every right, defence, limitation and liberty in the Hague Rules as applied by this clause during such additional compulsory period of responsibility, notwithstanding that the loss or damage did not occur at sea), the Carrier shall be under no liability whatsoever for loss of or damage to the Goods howsoever occurring if such loss or damage arises prior to loading into or subsequent to discharge from the vessel.

6. CARRIER’S RESPONSIBILITY

COMBINED TRANSPORT

If the Carriage called for by this bill of lading is Combined Transport, the Carrier undertakes to perform and or in his own name to procure performance of the Carriage from the Place of Receipt or the Port of Loading to the Place of Delivery or the Port of Discharge, whichever is applicable, and save as is otherwise provided for in this bill of lading, the Carrier shall be liable for loss or damage occurring during the Carriage to the extent set out below.

(1) If the stage of the Carriage during which loss or damage occurred is not known:

(a) Exclusions
If the stage of the carriage during which the loss or damage occurred is not known, the Carrier shall be relieved of liability for any loss or damage if such loss or damage was caused by

(i) an act or omission of the Merchant

(ii) insufficiency of or defective condition of packing or making

(iii) handling, loading, stowage or unloading of the Goods by or behalf of the Merchant

(iv) inherent vice of the Goods

(v) strike, lock out, stoppage or restraint of labour

(vi) a nuclear incident

(vii)any cause or event which the Carrier could not avoid and the consequences whereof he could not prevent by the exercise of reasonable diligence

(viii)compliance with instructions of any Person entitled to give them

(b) Limitation of Liability
Except as provided in Clause 7(2), if Clause 6(1) operates, total compensation shall in no circumstances whatsoever and howsoever arising exceed 2 SDR per kilo of the gross weights of the Goods lost or damaged. SDR means Special Drawing Rights as defined by the International Monetary Fund.

(2) If the stage of the Carriage during which the loss or damage occurred is known:

Notwithstanding anything provided for in Clause 6(1) and subject to Clauses 15 and 16, if it is known during which stage of the Carriage the loss or damage occurred the liability of the Carrier in respect of such loss or damage shall be determined as follows:

(a) by the provisions contained in any international convention or national law which

(i) cannot be departed from by private contract to the detriment of the Merchant and

(ii) would have applied if the Merchant had made a separate and direct contract with the Carrier in respect of the particular stage of the Carriage during which the loss or damage occurred and received as evidence thereof any particular document which must be issued in order to make such international convention or national law applicable, or

(b) if no international convention or national law would apply by virtue of Clause 6(2)(a) or by the Hague Rules if the loss or damage is known to have occurred during waterborne carriage or

(c) by the provisions of Clause 6(1) if the provisions of Clause 6(2)(a) and (b) do not apply.
For the purposes of Clause 6(2) references in the Hague Rules to carriage by sea shall be deemed to include references to all waterborne carriage and the Hague Rules shall be construed accordingly.

(3) If the Place of Receipt or Place of Delivery is not named on the face hereof Subject to Clause 5 if the Place of Receipt is not named on the face hereof the Carrier shall be under no liability whatsoever for loss or damage to the Goods, howsoever occurring, if such loss or damage arises prior to loading onto the vessel. If the Place of Delivery is not named on the face hereof the Carrier shall be under no liability whatsoever for loss of or damage to the Goods howsoever occurring, if such loss or damage arises subsequent to discharge from the vessel.

(4) Notice of Loss or Damage
Unless Clause 6(2) applies and invokes an international convention or national law which contains alternative provisions relating to notice of loss or damage (in which case such alternative provisions shall apply) the Carrier shall be deemed prim a facie to have delivered the Goods as described in this bill of lading in the same order, condition, quantity and or weight as delivered to the Carrier unless notice of loss of or damage to the Goods indicating the general nature of such loss or damage shall have been given in writing to the Carrier or to its representative at the Place of Delivery (or the Port of Discharge, if no Place of Delivery is named on the face hereof) before or at the time of removal of the Goods into the custody of the Person entitled to delivery thereof under this bill of lading, or if the loss or damage is not apparent within three working days thereafter.

7. SUNDRY LIABILITY PROVISIONS

(1) Basis of Compensation
Unless liability is limited by the Hague Rules or in accordance with Clause 5 or 6, compensation shall be calculated by reference to the value of the Goods at the place and time they are delivered to the Merchant or at the place and time they should have been delivered. For the purpose of determining the extent of the Carrier’s liability for loss of or damage to Goods, the sound value of the Goods is agreed to be the invoice value plus Freight and insurance, if paid. Where the Goods have been packed into sealed containers by or on behalf of the Merchant, it is expressly agreed that each container shall constitute one package for the purpose of application of limitation of the Carriers liability, since the Carrier cannot verify its contents.

(2) Ad Valorem
The Merchant agrees and acknowledges that the Carrier has no knowledge of the value of the Goods and that higher compensation than that provided above may not be claimed unless, with the consent of the Carrier, the value of the Goods as declared by the Shipper in writing prior to the commencement of the Carriage is stated on this bill of lading and extra Freight paid, if required. In that case, the amount of the declared value shall be substituted for the limits laid down herein. Any partial loss or damage shall be adjusted pro rata on the basis of such declared value.

(3) Delay
The Carrier does not undertake that the Goods shall arrive at the Port of Discharge or Place of Delivery at any particular time or to meet any particular market or use and the Carrier shall in no circumstances whatsoever or howsoever arising be liable for direct, indirect or consequential loss or damage caused by delay.

(4) Scope of Application

(a) The terms and conditions of this bill of lading shall at all times govern all responsibilities of the Carrier in connection with or arising out of the supply of a Container to the Merchant not only during the Carriage but also during the periods prior to and or subsequent to the Carriage.

(b) The rights, defences, limitations and liberties of whatsoever nature provided for in this bill of lading shall apply in any action against the Carrier for loss or damage or delay howsoever occurring and whether the action be founded in contract or in tort and even if the loss, damage or delay arose as a result of unseaworthiness, negligence or fundamental breach of contract.

(c) Save as is otherwise provided herein the Carrier shall in no circumstances whatsoever and howsoever arising be liable for direct or indirect or consequential loss or damage.

(5) Mandatory Inspection by Authority
If by order of the authorities at any place a Container has to be opened for the Goods to be inspected the Carrier will not be liable for any loss or damage incurred as a result of any opening, unpacking, inspection or repacking. The Carrier shall be entitled to recover the cost of such opening, unpacking, inspection and repacking from the Merchant.

(6) Time-bar
The Carrier shall be discharged of all liability unless suit is brought and notice thereof given to the Carrier within one year after delivery of the Goods or the date when the Goods should have been delivered for claims related to loss or damage during the carriage by sea, and nine months for other claims, unless compulsorily applicable law contains alternate provisions relating to time bars, in which case such alternative provisions shall apply.

8. SHIPPER PACKED CONTAINERS
If a Container has not been packed by or on behalf of the Carrier

(1) The Carrier shall not be liable for loss or damage to the Goods caused by:

(a) the manner in which the Container has been packed or

(b) the unsuitability of the Goods for Carriage in the Container supplied or

(c) the unsuitability or defective condition of the Container provided that if the Container has been supplied by or on behalf of the Carrier

this unsuitability or defective condition could have been apparent upon inspection by the Merchant at or prior to the time when the Container was packed.

(2) If a Shipper packed Container is delivered by the Carrier with its original seal as affixed by the Shipper intact such delivery shall constitute full and complete performance of the Carrier’s obligations hereunder and the Carrier shall not be liable for any shortage of Goods ascertained at delivery.

(3) The Merchant shall indemnify the Carrier against any loss, damage, liability or expenses whatsoever and howsoever arising caused by one or more of the matters referred to in Clause 8 (1) save that the loss, damage, liability or expenses were caused by a matter referred to in Clause

8 (1), the Merchant shall not be liable to indemnify the Carrier in respect thereof unless the provision referred to in that Clause applies.

9. INSPECTION OF GOODS
The Carrier or any Person to whom the Carrier has sub-contracted the Carriage or any Person authorised by the Carrier shall be entitled but under no obligation to open any Container or package at any time and to inspect the Goods.

10. CARRIAGE AFFECTED BY CONDITION OF GOODS
If it appears at any time that the Goods cannot safely or properly be carried or carried further, either at all or without incurring any additional expenses or taking any measure(s) in relation to the Container or the Goods, the Carrier may without notice to the Merchant take any measure(s) and or incur any additional expenses to carry or to continue the Carriage thereof and or sell or dispose of the Goods and or abandon the Carriage and or store them ashore or a¬float, under cover or in the open, at any place whichever the Carrier in his absolute discretion considers most appropriate. Such abandonment, storage, sale or disposal shall be deemed to constitute due delivery under this bill of lading. The Merchant shall indemnify the Carrier against any additional expenses so incurred.

11. DESCRIPTION OF GOODS

(1) This bill of lading shall be prim a facie evidence of the receipt by the Carrier from the Shipper in apparent good order and condition, except as otherwise noted, of the total number of containers, packages or other units or weight of the Goods specified on the face hereof.

(2) Except as provided in Clause 1(1), no representation is made by the Carrier as to the weight, contents, measure, quantity, quality, description, condition, marks, numbers or value of the Goods and the Carrier shall be under no responsibility whatsoever in respect of such description or particulars.

(3) If any particulars of any letter of credit and or import licence and or sale contract and or invoice or order number and or details of any contract to which the Carrier is not a party are shown on the face of this bill of lading, such particulars are included solely at the request of the Merchant for his convenience. The Merchant agrees that the inclusion of such particulars shall not be regarded as a declaration of value and in no way affects the Carrier’s liability under this bill of lading. The Merchant further agrees to indemnify the Carrier against all consequences of including such particulars in this bill of lading.

(4) The Merchant acknowledges that except when the provisions of Clause 7(2) apply, the value of the Goods is unknown to the Carrier.

12. SHIPPER’S /MERCHANT’S RESPONSIBILITY

(1) The Shipper warrants to the Carrier that the particulars relating to the Goods as set out overleaf have been checked by the Shipper on receipt of this bill of lading and that such particulars and any other particulars furnished by or on behalf of the Shipper are correct. The Shipper also warrants that the Goods are lawful goods and contain no contraband.

(2) The Merchants shall indemnify the Carrier against all loss, damage, fines and expenses arising or resulting from breaches of the warranties in Clause 12(1) hereof or from any other cause in connection with the Goods for which the Carrier is not responsible.

(3) The Merchant shall comply with all regulations or requirements of customs, port and other authorities and shall bear and pay all duties taxes, fines, imposts, expenses or losses (including without prejudice to the generality of the foregoing the full return Freight of the Goods if returned or if on carried the full Freight from the Port of Discharge or the Place of Delivery nominated herein to the amended port of discharge or the amended place of delivery) incurred or suffered by reason of any failure to so comply or by reason of any illegal, incorrect or insufficient marking, numbering or addressing of the Goods and shall indemnify the Carrier in respect thereof.

(4) The Merchant is responsible for returning the empty Containers with interiors brushed and clean to the point or place designated by the Carrier his servants or agents within the time prescribed. Should a Container not be returned within the prescribed time, the Merchant shall be liable for any demurrage, loss or expenses which may arise from such non return.

13. FREIGHT

(1) Freight is to be paid on the quantity of cargo booked by the Merchant and is deemed earned in full when the booking is accepted by the Carrier and shall be paid and non-returnable in any event.

(2) The Merchant’s attention is drawn to the stipulations concerning currency in which the Freight is to be paid, rate of exchange, devaluation and other contingencies relevant to Freight in the applicable tariff or agreement.

(3) Freight has been calculated on the basis of particulars furnished by or on behalf of the shipper. The Carrier may at any time open and unpack any Container or other package or means of transport in order to weigh, measure or value the Goods and may weigh, measure and or value the Goods. If the particulars furnished by or on behalf of the Shipper are incorrect, it is agreed that a sum equal to double the correct Freight less the Freight charged shall be payable as liquidated damages to the Carrier and the Shipper shall pay any costs arising out of or connected with the unpacking, measuring, weighing, valuation and or repacking of the Goods.

(4) All Freight shall be paid without any set off, counter claim or stay of execution before delivery of the Goods.

(5) The Persons falling within the definition of Merchant in Clause 1 shall be jointly and severally liable for the payment of Freight and liquidated damages as provided in this Clause.

(6) Any Person engaged by the Merchant to perform forwarding services with respect to the Goods shall be considered to be the exclusive agent of the Merchant for all purposes and any payment of Freight to such Person shall not be considered payment to the Carrier in any event. Failure of such Person to pay any part of the Freight to the Carrier shall be considered a default by the Merchant in the payment of Freight.

14. LIEN
The Carrier shall have a lien on the Goods and any documents relating thereto for all sums payable to the Carrier under this contract by any of the Persons defined as Merchant in Clause 1 and for general average contributions to whomsoever due. The Carrier shall also have a lien against the current H older of the Goods and any documents relating thereto for all sums due from him to the Carrier under any other Contract. In any event any lien shall extend to cover the cost of recovering the sums due and for that purpose the Carrier shall have the right to sell the Goods by public auction or private treaty if necessary without notice to the Merchant.

15. OPTION STOWAGE AND DECK CARGO

(1) The Goods may be packed by the Carrier in Containers and consolidated with other Goods in Containers.

(2) Goods, whether or not packed in Containers may be carried on deck or under deck without notice to the Merchant. All such Goods whether carried on deck or under deck shall participate in general average and shall be deemed to be within the definition of Goods for the purposes of the Hague Rules and shall be carried subject to these rules.

(3) Notwithstanding Clause 15(2) in the case of Carriage of Goods which are stated on the face hereof as being carried on deck and which are so carried, the Hague Rules shall not apply and the Carrier shall be under no liability whatsoever for loss, damage or delay howsoever arising.

16. LIVE ANIMALS
The Hague Rules shall not apply to the Carriage of live animals which are carried at the sole risk of the Merchant. The Carrier shall be under no liability whatsoever for any injury, illness, death, delay or destruction howsoever arising. Should the master in his sole discretion consider that any live animal is likely to be injurious to any other live animal or any Person or property on board or to cause the vessel to be delayed or impeded in the prosecution of the Carriage, such live animal may be destroyed and thrown overboard without any liability attaching to the Carrier. The Merchant shall indemnify the Carrier against all or any extra costs incurred for any reason whatsoever in connection with the Carriage of any live animal.

17. METHODS AND ROUTE OF CARRIAGE

(1) The Carrier may at any time if necessary without notice to the Merchant,

(a) use any means of Carriage whatsoever

(b) transfer the Goods from one conveyance to another including but not limited to transhipping or carrying them on another vessel than that named on the face hereof

(c) unpack and remove the Goods which have been packed into a Container and forward them in the Container or otherwise

(d) proceed by any route in his discretion (whether or not the nearest or most direct or customary or advertised route) at any speed and proceed to or stay at any place or port whatsoever once or more often and in any order

(e) load and unload the Goods at any place or port (whether or not such port is named overleaf as the Port of Loading or Port of Discharge) and store the Goods at any such place or port

(f) comply with any orders or recommendations given by any government or authority or any Person acting or purporting to act as or on behalf of such government or authority, or having under the terms of any insurance on any conveyance employed by the Carrier the right to give orders or directions

(g) permit the vessel to proceed with or without pilots to tow or to be towed, or to be drydocked

(2) The liberties set out in Clause 17(1) may be invoked by the Carrier for any purpose whatsoever, whether or not connected with the Carriage of Goods, including loading or unloading other Goods, bunkering, undergoing repairs, adjusting instruments, picking up or landing any Persons, including but not limited to Persons involved with the operation or maintenance of the vessel and assisting vessels in all situations.

Anything done in accordance with Clause 17(1) or any delay arising therefrom shall be deemed to be within the contractual Carriage and shall not be a deviation.

18. SPECIALISED CARRIAGE

(1) The Merchant undertakes not to tender for Carriage any Goods which require temperature control, ventilation or any other special attention without previously giving written notice of their nature and particular temperature range to be maintained and or special attention required.

In case of a refrigerated, ventilated or any other specialised Container packed by or on behalf of the Merchant, the Merchant further undertakes that the Goods have been properly stowed in the Container and that he has checked that its thermostatic, ventilating or any other special controls have been properly set (or if they have not that he had adjusted them as necessary) before receipt of the Goods by the Carrier.

If the above requirements are not complied with, the Carrier shall not be liable for any loss of damage to the Goods, howsoever arising.

(2) The Carrier shall not be liable for any loss of or damage to the Goods arising from any defect of any specialised Container, provided that the Carrier shall before and at the beginning of the Carriage, exercise due diligence to maintain the Container in an efficient state.

19. MATTER AFFECTING PERFORMANCE
If at any time that the Carriage is or is likely to be affected by any hindrance, risk, delay, difficulty or disadvantage of any kind (other than the inability of the Goods to be carried or carried further safely or properly) and howsoever arising (even though the circumstances giving rise to such hindrance, risk, delay, difficulty or disadvantage existed at the time the contract evidenced by this bill of lading was entered into or the Goods were recovered for Carriage), and regardless whether or not the Carriage is commenced, the Carrier may either

(a) if necessary without notice to the Merchant, abandon the Carriage of the Goods and place the Goods at the Merchant’s disposal at any place or port which the Carrier may deem safe and convenient, whereupon the responsibility of the Carrier in respect of such Goods shall cease. The Carrier shall nevertheless be entitled to Full Freight on the Goods received for Carriage and the Merchant shall pay any additional costs of the Carriage to and delivery and storage at such place or port, or

(b) upon notice to the Merchant suspend the Carriage of the Goods and store them ashore or a-float upon the terms of this bill of lading. The Carrier will endeavour to forward the Goods of the Carriage which has been suspended as soon as possible after the cause of hindrance, risk, delay, difficulty or disadvantage has been removed, but the Carrier makes no representations as to the maximum period between such removal and the forwarding of the Goods to the Port of Discharge or Place of Delivery, whichever is applicable, named in this bill of lading.

The Carrier shall be entitled to payment of such additional Freight as the Carrier may determine including, but not restricted to charges for storage, handling and any other services to the Goods and for Freight from the place of suspension to the Port of Discharge or Place of Delivery, whichever is applicable, giving credit only to the extent of costs not incurred by the Carrier resulting from such suspension, but without giving credit for Freight already paid in respect of the Carriage.
If the Carrier elects to suspend the Carriage under Clause 18(b) this shall not prejudice his right subsequently to abandon the Carriage under Clause 18(a).

20. DANGEROUS GOODS

(1) No Goods which are or may become dangerous, in¬ammable or damaging (including radioactive materials) or which are or may become liable to damage any property whatsoever, shall be tendered to the Carrier for Carriage without his express consent in writing and without the Container or other covering in which the Goods are to be carried as well as the Goods themselves being distinctly marked on the outsides so as to indicate the nature and character of any such Goods and so as to comply with any applicable laws, regulations or requirements. If any such Goods are delivered to the Carrier without such written consent and or marking or if in the opinion of the Carrier the Goods are or are liable to become of dangerous, in¬ammable or damaging in nature they may at any time be destroyed, disposed of, abandoned or rendered harmless without compensation to the Merchant and without prejudice to the Carrier’s right to Freight.

(2) The Merchant undertakes that such Goods are packed in a manner adequate to withstand the risks of Carriage having regard to their nature and in compliance with all laws or regulations which may be applicable during the Carriage.

(3) Whether or not the Merchant was aware of the nature of the Goods, the Merchant shall indemnify the Carrier against all claims, losses, damages or expenses arising in consequence of the Carriage of such Goods.

(4) Nothing contained in this Clause shall deprive the Carrier of any of his rights provided for elsewhere.

21. NOTIFICATION AND DELIVERY

(1) Any mention herein of parties to be notified of the arrival of the Goods is solely for information of the Carrier and failure to give such notification shall not involve the Carrier in any liability nor relieve the Merchant of any obligation hereunder.

(2) If no Place of Delivery is named on the face hereof the Carrier shall be at liberty to discharge the Goods at the Port of Discharge without notice directly when they come to hand at or onto any wharf, craft or place on any day at anytime whereupon the liability of the Carrier (if any) in respect of the Goods discharged as aforesaid shall wholly cease, notwithstanding any charges, dues or other expenses that may be or become payable unless and to the extent that any applicable compulsory law provides to the contrary (in which case the terms and conditions of this bill of lading shall continue to apply during such additional compulsory period of responsibility). The Merchant shall take delivery of the Goods upon discharge or upon arrival at the Place of Delivery.

(3) If a Place of Delivery is named on the face hereof the Merchant shall take delivery of the Goods within the time provided for in the Carrier’s applicable tariff or within the time that is in accordance with the custom of the Place of Delivery.

(4) If the delivery of the Goods is not taken by the Merchant at the time and place the Carrier is entitled to call upon the Merchant to take delivery thereof, the Carrier shall be entitled, if necessary without notice to unpack the Goods, if packed in Containers and or store the Goods ashore, afl¬oat, in the open or under cover at the sole risk of the Merchant. Such storage shall constitute due delivery hereunder and thereupon the liability of the Carrier in respect of the Goods stored as aforesaid shall wholly cease, and the costs of such storage (if paid or payable by the Carrier or any agent or Sub-Contractor of the Carrier) shall forthwith upon demand be paid by the Merchant to the Carrier.

(5) If the Merchant fails to take delivery of the Goods within thirty days of delivery becoming due under Clause 21(2) and 21(3), or if in the opinion of the Carrier they are likely to deteriorate, decay, become worthless or incur charges whether for storage or otherwise in excess of their value the Carrier may without prejudice to any other rights which he may have against the Merchant if necessary without notice and without any responsibility whatsoever attaching to him, sell, destroy or dispose of the Goods and apply any proceeds of sale in reduction of the amounts due to the Carrier from the Merchant in respect of this bill of lading.

(6) If at the place where the Carrier is entitled to call upon the Merchant to take delivery of the Goods under Clauses 21(2) and 21(3), the Carrier is obliged to hand over the Goods into the custody of any customs, port or other authority, such hand over shall constitute due delivery to the Merchant under this bill of lading.

(7) Refusal by the Merchant to take delivery of the Goods in accordance with the terms of this clause, notwithstanding his having been notified of the availability of the Goods for delivery, shall constitute a waiver by the Merchant to the Carrier of any claim whatsoever relating to the Goods or the Carriage thereof.

(8) Subject to the Carrier agreeing in writing to a request of the Merchant to amend the Place of Delivery stated herein, the terms and conditions of the bill of lading shall continue to apply until the Goods are delivered by the Carrier to the Merchant at the amended place of delivery, if the Carrier explicitly agreed in writing to the continued application of the terms and conditions of the bill of lading. Otherwise, the Carrier shall act as agent only of the Merchant in arranging for delivery of the Goods to the demanded place of delivery, but shall then be under no liability whatsoever for loss, damage or delay to the Goods, howsoever arising.

22. FCL MULTIPLE BILLS OF LADING

(1) Goods will only be delivered in a Container to the Merchant if all B ills of Lading in respect of the contents of the Container have been surrendered authorising delivery to a single Merchant at a single place of delivery. In the event that this requirement is not fulfilled the Carrier may unpack the Container and in respect of Goods for which B ills of Lading have been surrendered deliver them to the Merchant on a LCL basis. Such delivery shall constitute due delivery hereunder but will only be effected against payment by the Merchant of LCL Service Charges and any charges appropriate to LCL Goods together with the actual costs for any additional services rendered.

(2) If this is an FCL Multiple bill of lading (as evidenced by the qualification of the tally acknowledged overleaf to the effect that it is one of the part cargoes in the Container), then the Goods detailed overleaf are said to comprise part of the contents of the Container indicated. If the Carrier is required to deliver the Goods to more than one Merchant and if all or part of the total Goods within the Container consists of bulk Goods or inappropriate Goods or is or becomes mixed or unmarked or unidentifiable the Holders of Bills of Lading relating to Goods within the Container shall take delivery thereof (including any damaged portion) and bear any shortage in such proportions as the Carrier shall in his absolute discretion determine and such delivery shall constitute due delivery hereunder.

23. GENERAL AVERAGE AND SALVAGE

(1) In the event of accident, danger, damage or disaster before or after the commencement of the voyage, resulting from any cause whatsoever due to the negligence or not, for which, or for the consequences of which, the Carrier is not responsible, by statue, contract or otherwise, the Merchant 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 or incurred and shall pay salvage and special charges incurred in respect of the Goods. A ll expenses in connection with a general average or salvage act to avoid damage to the environment shall always be considered general average expenses.

(2) General average shall be adjusted according to the York Antwerp R ules of 1974 as amended in 1990, at any port or place and in any currency at the option of the Carrier and the New Jason clause as approved by B IMCO is to be considered incorporated herein. The Merchant shall give such cash deposit or other security as the Carrier may deem sufficient to cover the estimated general average contribution of the Goods before delivery if the Carrier requires, or, if the Carrier does not require within three months of the delivery of the Goods, whether or not at the time of delivery the Merchant had notice of the Carrier’s lien. The Carrier shall be under no obligation to exercise any lien for general average contribution due to the Merchant.

(3) Conversion into the currency of the adjustment shall be calculated at the rate prevailing on the date of payment for disbursements and on the date of completion of discharge of the vessel for allowances contributory values etc.

(4) In the event of any general average credit balances due to Merchants still being unclaimed 5 years after the date of issue of the adjustment, these shall be paid to the Carrier who will hold such credit balances pending application by the Merchants entitled thereto.

(5) If a salving vessel is owned or operated by the Carrier, salvage shall be paid for as fully as if the salving vessel or vessels belonged to strangers.

24. VARIATION OF THE CONTRACT
No servant or agent of the Carrier shall have the power to waive or vary any of the terms of this bill of lading, unless such waiver or variation is in writing and is specifically authorised or ratified in writing by the Carrier.

25. BOTH TO BLAME COLLISION CLAUSE
If the liability of any collision in which the ship is involved while performing the bill of lading fails to be determined in accordance with the laws of the United States of America, the following clause shall apply.

If the ship comes into collision with another ship as a result of the negligence of the other ship and any act neglect or default of the master mariner, pilot or other servants of the Carrier in the navigation or in the management of the ship the owners of the Goods carried hereunder will indemnify the Carrier against all loss or liability to the other or non carrying ship or her owners in so far as such loss or liability represents loss of or damage to or any claim whatsoever of the owners of the said Goods, paid or payable by the other or non carrying ship or her owners to the owners of the said Goods and set off recouped and recovered by the other or non carrying ship or her owners as part of their claim against the carrying ship or Carrier.

The foregoing provisions shall also apply where the owners, operators or those 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 the collision or contact.

26. VALIDITY

In the event that anything herein contained is inconsistent with any applicable international convention or national law which cannot be departed from by private contract, the provisions hereof shall to the extent of such inconsistency, but no further, be null or void.