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Dangerous
Goods
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IMO Dangerous Goods Declaration |
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The form meets the requirements of SOLAS 74 chapter VIII,
regulation 5; MARPOL 7378 Annex III, regulation 4
and the IMDG Code, General Introduction, section 9.
Download the Acrobat pdf of the IMO Dangerous Goods Declaration
Form, take print out, fill the printed
form and mail it along with the required documents
at the following address:
Allcargo Movers (I) Private Limited
5th Floor, Diamond Square,
CST Road, Kalina,
Santacruz (East),
Mumbai - 400 098,
Maharashtra, India. |
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Carrier's tariff |
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The provisions of
the Carrier’s applicable Tariff if any, are incorporated
herein Copies of such provisions are obtainable from
the Carrier or his agents upon request on where applicable
from a government body with whom the Tariff has been
filed in the case of inconsistency between this Bill
of Lading and the applicable Tariff this Bill of Lading
shall prevail.
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Warranty |
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The merchant warrants that in agreeing to the terms
hereof he is or is the agent of and has the authority
of the person owing or entitled to the possession of
the Goods of any person who has present or future interest
in the Goods.
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Negotiability and
title to the goods |
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(1) This Bill of Lading shall be non
negotiable unless made out to order in which
event it shall be negotiable and shall constitute title
to the Goods and the holder shall be entitled to receive
or to transfer the Goods herein described.
(2) This Bill of Lading shall be prima
facie evidence of the taking in charge by the
Carrier of the Goods as herein described. However proof
to the contrary shall not be admissible when this Bill
of Lading has been negotiated or transferred for valuable
consideration to a third party acting in good faith.
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Certain rights and
immunities for the carrier and other persons |
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(1) The Carrier shall be entitled to
sub contract on any terms
the whole or any part of the Carriage
(2) The Merchant undertaken that no claim or allegation shall be made against
any person or vessel of whatsoever other than the Carrier
including, but not limited to the Carrier’s servants
or agents any independent contractor and his servants
or agents and all others by whom the whole or any part
of the carriage whether directly or indirectly is procured
performed or undertaken which imposes or attempts to
impose upon any such person or vessel any liability
whatsoever in connection with the Goods of the Carriage,
and if any claim or allegation should nevertheless be
made to defend indemnify and hold harmless the Carrier
against all consequences thereof . Without prejudice
to the foregoing every such person and vessel shall
have the benefit of all provisions herein benefiting
the Carrier as if such provisions were expressly for
his benefit and 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 and vessels shall
to this extent be or be deemed to be parties to this
contract.
(3) The Merchant shall defend indemnify and hold harmless the
Carrier against any claim or liability and any expense
arising therefrom arising from the Carriage of the Goods
insofar as such claim or liability exceeds
the Carrier’s liability under the Bill of Lading.
(4) The defences and limits of the liability provided
for in this Bill of Lading shall apply in any action
against the Carrier whether the action be found in Contract
or in Tort.
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Carrier's responsibility |
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(1) CLAUSE PARAMOUNT
A) Subject to clause 13
below this Bill of Lading insofar as it relates to sea
carriage by any vessel whether names herein or not shall
have effect subject to the Hague Rules
or any legislation making such rules or the Hague Visby
Rules compulsorily applicable (such as COGA of COGWA)
to this Bill of Lading and the provisions of the Hague
Rules or applicable legislation shall be deemed incorporated
therein The Hague Rules (of COGSA or COGWA of this Bill
of Lading is subject to US or Canadian law respectively)
shall apply to the carriage of Goods
by inland waterways and reference to carriage by sea
in such Rules or legislation shall be deemed to include
reference to inland waterways if and to the extent that
the provisions of the Harter Act of the United States
of America 1893 would otherwise be compulsorily applicable
to regulate the carrier’s responsibility for the
Goods during any period prior to loading on or after
discharge from the vessel the Carrier’s responsibility
shall instead be determined by the provisions of 6(3)
below, but if such provisions are found to be invalid
such responsibility shall be subject to COGSA.
B) The Carrier shall be entitled to (and nothing
in this Bill of Lading shall operate to deprive of limit
such entitlement) the full benefit of and rights to
all limitations of and exclusions from liability and
all rights conferred of authorised by and applicable
law statute or regulation of any country including but
not limited to where applicable any provisions or sections
4281 to 4287 inclusive of the Revised Statutes of the United State or
regulation of thereto and where applicable any provisions
of the laws of the United States of America and without
prejudice to the generality of the foregoing also any
law, statute or regulation available to the Owner of
the vessel(s) on which the Goods are carried.
(2) PORT TO PORT SHIPMENT
The responsibility of the Carrier is
limited to that part of the Carriage from and during
loading onto vessel up to and during discharge from
the vessel and the Carrier shall not be liable for any
loss or damage whatsoever in respect of the Goods or
for any other matter arising during any other part of
the Carriage even though Charges for the whole Carriage
have been charged by the Carriers. The Merchant
constitutes the Carrier as agent to enter into
contract on behalf of the Merchant with others for transport
storage handling or any other services in respect of
the Goods prior to loading and subsequent to discharge
of the Goods from the vessel without responsibility
for any act or omission whatsoever on the part of Carrier
or others and the Carrier may as such agent enter into
contracts with others on any terms whatsoever including
terms less favourable than the terms in this Bill of
Loading.
(3) COMBINED TRANSPORT
Save as is otherwise provided in this Bill of Lading
the carrier shall be liable for loss of or damage to
the Goods occurring from the time that the Goods are
taken into the charge until the time of delivery to
the extent set out below.
A] Where the stage of Carriage where the loss
or damages occurred cannot be proved.
(i) The Carrier shall be entitled to
rely upon all exclusions from liability under the Rules
or legislation that would have been applied under 6(1)
(A) above had the loss or damage occurred at
sea or if there was no carriage by sea under the Hague
Rules or COGSA or COGWA if this Bill of Lading
is subject to US or Canadian law respectively.
(ii) Where under (i)
above the Carrier is not liable in respect of some of
the factors causing the loss or damage he shall only
be liable to the extent that those factors for which
he is liable have contributed to the loss or damage.
(iii) Subject to 6(4) (C) below, where the Hague Rules or
any legislation applying such Rules or the Hague Visby
Rules (such as COGSA or COGWA) is not compulsorily applicable
the Carrier’s liability shall not exceed US
$500 per package or shipping unit or US $200 per kilo of the gross weight of
the Goods lost, damaged or in respect of which the claim
arises or the value of such Goods which ever is less.
(iv) The value of the Goods shall be
determined according to the commodity, exchange price
at the place and time of delivery to the Merchant or
at the place and time when they should have been so
delivered or if there is no such price according to
the current market price by reference to the normal
value of Goods of the same kind and quality at such
place and time.
B] Where the stage of Carriage where the loss
or damage occurred can be proved
(i) The carrier shall be determined
by the provisions contained in any international convention or national law
of the country which provisions. (a) cannot be departed from by private
contract to the detriment of the Merchant and (b) would have applied if the Merchant
had made as separate and direct contract with the Carrier
is respect of the particular stage of Carriage where
the loss or damage occurred and had received as evidence
thereof any particular document which must be issued
in order to make such international convention or national
law applicable.
(ii) with respect to the transportation
in the United States of America
or in Canada to the Port
of Loading or from the Port
of Discharge the responsibility of the Carrier
shall be to procure transportation by Carriers (one
or more) and such transportation shall be subject to
the inland carriers and tariffs and any law compulsorily
applicable the carrier guarantees the fulfillment of
such inland carriers obligations under their contracts
and tariffs.
(iii) where neither (i) above apply any liability of the Carrier
shall be determined by 6(3) (A)
above.
(4) GENERAL PROVISIONS
(A) Delay, Consequential Loss
Save as otherwise provided therein the Carrier shall
no circumstances be liable for direct indirect or consequential
loss or damage caused by delay or any other cause whatsoever
and howsoever caused without prejudice to the foregoing
if the Carrier is found liable for delay liability shall
be limited to the freight applicable to the relevant
stage of the transport.
(B) Package or Shipping Unit Limitation
Where the Hague Rules or any legislation making
such Rules compulsorily applicable such as COGSA or
COGWA) to this Bill of Lading apply the Carrier shall
not unless a declared value has been noted in accordance
with (c) below be or become liable for any loss or damage
to or in connection with the Goods in an amount per
package or shipping unit in excess of the package or
shipping unit limitation as laid down by such Rules
or legislation. Such limitation amount according to
COGSA is US $500 and according
to COGWA is Can $500 of no
limitation amount is applicable under such Rules or
legislation the limitation shall be US
$500.
(C) Ad Valorem Declared Value of Place or Shipping
Unit
The Carrier’s liability may be increased to a
higher value by a declaration in writing of the value
of the Goods by the Shipper upon delivery to the Carrier
of the Goods for shipment such higher value being inserted
on the front of this Bill of Lading in the space provided
and if required by the Carrier extra freight paid in
such case if the actual value of the Goods shall exceed
such declared value the value shall
nevertheless be deemed to be the declared value and
the Carrier’s liability. If any shall not
exceed the declared value and any part loss or damage
shall be adjusted pro-rata on the basis of such declared
value.
(D) Definition of Package of Shipping Unit
Where Container is used to consolidate Goods and such
Containers stuffed by the Carrier, the number of packages
or shipping units stated on the face of this Bill of
Lading in the box provided shall be deemed the number
of packages or shipping units for the purpose of any
limit of liability per package or shipping unit provided
in any international convention or national law relating
to carriage of goods by sea Except as aforesaid the
Container shall be considered the package or shipping
unit.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
of measurement unit employed in calculating freight
charges. As to Goods shipped in bulk the limitation
applicable thereto shall be the limitation provided
in such convention or law which may be applicable and
in no event shall anything herein be construed to be
a waiver of limitation as to Goods shipped in bulk.
(E) Rust etc.
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 Goods and acknowledgement of receipt of
the Goods in apparent goods order and condition is not
representation that such condition of rust ordination
or the like did not exist on receipt.
(F) Notice of Loss or Damage
The carrier shall be deemed prima facie to have delivered the Goods
as described in this Bill of Lading unless notice of
loss or damage to the Goods indicating the nature of
such loss or damage shall have been given in writing
to the Carrier or to his representative
at the place of delivery 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 consecutive
days thereafter.
(G) Time-bar
The Carrier shall be discharged of all liability unless
suit is brought in the proper forum and written notice
thereof received by the Carrier within nine months after
delivery of the Goods or the days when the Goods should
have been delivered in the event that such time period
shall be found contrary to any convention or law only
compulsorily applicable the period prescribed by such
convention or law shall the apply but in that circumstances
only.
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Merchant's responsibility |
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(1) The description and particular of the Goods
set out on the face hereof are furnished by the Merchant
and the Merchant warrants to the Carrier that the description
and particulars including but not limited to, of weight
content measure quality condition marks numbers and
value are correct. (2) The Merchant shall comply with all
applicable laws, regulations and
requirements of customer port and other authorities
and shall bear and pay all duties taxes, fines, imports,
expenses and losses incurred or suffered by reason
thereof or by reason of any illegal incorrect or insufficient
marking numbering or addressing or the Goods.
(3) The Merchant undertakes that the
Goods are packed in a manner
adequate to withstand the ordinary risks of Carriage
having regard to their nature and in compliance with
all laws, regulation and requirements which may be
applicable.
(4) No Goods which are or may become
dangerous, inflammable or damaging
or which are or may become liable to damage any property
or person whatsoever shall be tendered to the Carrier
for Carriage without the Carrier’s express consent
in writing and without the Container or other covering
in which the Goods are to be transported and the Goods
being distinctly marked on the outside so as to indicate
the nature and character of any such articles and so
as to comply with all applicable laws, regulations and
requirements. If any such articles are delivered to
the Carrier without such written consent and marking
or if in the opinion of the Carrier the articles are
or are liable to become of a dangerous, inflammable
or damaging nature, the same 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 charges. (5) The Merchant shall be liable for
the loss, damage, contamination
soiling, detention or demurrage before, during
and after the Carriage of property (including but
not limited to above Containers) of the Carrier or
any person or vessel (other that the Merchant) referred
to in 5(2) above caused by the Merchant
or any person acting on his behalf or for which the
Merchant is otherwise responsible.
(6) The Merchant shall defend, indemnify and hold harmless the
Carrier against any loss, damage, claim liability
or expense whatsoever arising from any breach of the
provision of this clauses or from any cause in connection
with the Goods for which the Carrier is not responsible.
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Containers |
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(1) Goods may be stuffed by the Carrier
in or on Containers and Goods may be stuffed with other
Goods.
(2) The terms of this Bill of Lading
shall govern the responsibility of the Carrier in connection
with or arising out of the supply of a Container to
the Merchant. Whether supplied before or after the Goods
are received by the Carrier or delivered to the Merchant.
(3) If a container has been stuffed
by of on behalf of the Merchant.
(A) the Carrier shall not be liable
for loss of or damage to the Goods
(i) caused by the manner in which the
Container has been stuffed
(ii) caused by the unsuitability of the Goods for carriage
in Container
(iii) Caused by the unsuitability or defective condition of the Container
provided that where the Container has been supplied
by or on behalf of the Carrier, this paragraph (iii)
shall only apply if the unsuitability or defective condition
arose (a) without any want of due diligence of the part
of the Carrier or (b) would have been apparent upon
reasonable inspection by the Merchant at or prior to
the time when the Container was stuffed.
(iv) if the Container is not sealed at the commencement
of the Carriage except where the Carrier has agreed
to seal the container.
(B) the Merchant shall defend, indemnify
and hold harmless the Carrier against any loss, damage,
claim, liability or expense whatsoever arising from
one or more of the matters covered by (A) above except
for (A)(iii)(a) above.
(4) Where the Carrier is instructed
to provide a Container in the absence of a written request
to the contrary the Carrier is not under an obligation
to provide a Container of any particular type of Quality.
JURISDICTION :
The contract evidenced by or contained
in this Bill of Lading is governed by the law of U.S.A
and any claim or dispute arising hereunder or in connection
herewith shall be determined by the courts in NEW YORK
N.Y. and no other courts.
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Temperature controlled
cargo |
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(1) The Merchant undertakes not to
tender for transportation any goods which require temperature control without previously
giving written notice and filling in the box on the
front of this Bill of Lading if this Bill of Lading
has been prepared by the Merchant or a person acting
on his behalf on their nature and particular temperature
range to be maintained and in the case of temperature
controlled Container stuffed by or on behalf of the
Merchant further undertakes that the Container has been
properly pre cooled that the Goods have been properly
stuffed in the Container and that its thermostatic controls
have been properly set by the Merchant before receipt
of Goods by the Carrier.
If the above requirements are not complied with the
Carrier shall not be liable for any loss of or damage
to the Goods caused by such non compliance.
(2) The Carrier shall not be liable
for any loss of or damage to the Goods arising from
defects derangement, breakdown,
stoppage of the temperature controlling machinery plant,
insulation or any apparatus of the Container
provided that the Carrier shall before or at the beginning
of the Carriage exercise due diligence to maintain the
refrigerated Container in an efficient state.
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Inspection of goods |
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The carrier or any person authorized
by the Carrier shall be entitled but once no
obligation to open any Container or package at any time
and to inspect the Goods.
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Matters affecting
performance |
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(1) If at any time the Carriage is
or is likely to be affected by any hindrance, risk, delay, difficulty or disadvantage
of any kind including the condition of the Goods whensoever
and howsoever arising (whether or not the Carriage commenced)
the Carrier may
(A) without notice to the Merchant
abandon the Carriage of the Goods
and where reasonably possible place the Goods or any
part of them at the Merchant’s disposal at any
place which the Carrier may deem sale and convenient
whereupon the responsibility of the Carrier in respect
of such goods shall cease.
(B) without prejudice to the Carrier’s
right subsequently to abandon the Carriage under(A)
above continue the Carriage
In any event Carrier shall be entitled full charges
on goods received for Carriage and the Merchant shall
pay any additional costs resulting from the above mentioned
circumstances.
(2) The liability
of the Carrier in respect of the Goods shall
cease on the delivery or other disposition of the Goods
in accordance with the 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.
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Methods and route
of transportation |
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(1) The Carrier may at any time and
without notice to the Merchant use any means of transport
or storage whatsoever load or carry the Goods on any
vessel whether named on the front hereof or not transfer
the Goods from one convenyence to another including
transshipping of carrying the same on another vessel
than that named on the front (hereof or by any other
means of transport whatsoever at any place unpack and
remove Goods which have been stuffed in or on a Container
and forward the same in any manner whatsoever, proceed
at any speed and by any route in his discretion (whether
or not the nearest or most direct or customary or advertised
route) and proceed to or stay at any place whatsoever
any or merchant and in any order load or unload the
Goods from any conveyance at any place (whether or not
the place is port named on the front hereof as the intended
Port of Loading or Intended Port
of Discharge) comply with any orders or recommendations
given by any government or authority or any person or
body acting or purporting act as or on behalf of such
government or authority of having under the terms or
the insurance on the conveyance employed by the Carrier
the right to give orders or direction permit the vessel
to proceed with or without pilots to tow or be towed
or to be dry docked permit the ammunitions or warlike
stores and sail armed or unarmed.
(2) The liberties set out in (1) above
may be invoked by the Carrier for any purposes whatsoever
whether or not connected with the Carriage of the Goods.
Anything done in accordance with (1) above or any delay
arising therefrom shall be deemed to be within the contractual
Carriage and shall not be a deviation of whatsoever
nature of degree.
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Deck Cargo (and live
stock) |
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(1) Goods of any description whether
container’s or not may be stowed
on or under deck without notice to the Merchant
and such stowage shall not be a deviation of wheresoever
nature or degree subject to (2) below such Goods whether
carried on dock or under dock shall participate in General
Average and such Goods (other than livestock)
shall be deemed to be within the definition of Goods
for the purposes of the Hague Rules of any legislation
making such Rules or the Hague Visby Rules compulsorily
applicable (such as COGSA or COGWA) to this Bill of
Lading.
(2) Goods (not being Goods stuffed
in or on Containers other than open flats or pallets)
which are stated on the front of this Bill of Lading
to be carried on deck and which are so carried (and
livestock, whether or not carried on deck) are carried
without responsibility on the part of the Carrier for
loss or damage of whatsoever nature arising during carriage
by sea of inland water way shall defend indemnify and
hold harmless the Carrier against all and any extra
cost incurred for any reason whatsoever in connection
with carriage of livestock.
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Notification and
delivery clause |
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(1) Any mention in this Bill of Lading
of parties to be notified of the arrival of the Goods
is solely for the information of the carrier and failure
to give such notification shall not invoice the Carrier
in any liability or remove the Merchant of any obligations
hereunder.
(2) The Merchant shall take delivery
of the Goods within the time provided for in the Carrier’s
applicable tariff.
(3) If the Merchant fails to take delivery
of Goods or part of them in accordance with this Bill
of Lading the Carrier may without notice remove the
Goods or that part thereof and /or store the Goods or
that part thereof ashore afloat in the open or under
cover. Such storage shall constitute due delivery hereunder
and there upon all liability whatsoever of the Carrier
in respect of the Goods or that part thereof shall cease.
(4) The Merchant’s attention
is drawn to the stipulation concerning free storage
time and demurrage contained in the Carrier’s
applicable Tariff which is incorporated in this Bill
of Lading.
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Both to blame collision |
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If the vessel on
which the Goods are carried (the carrying vessel) comes
into collision with any other vessel
or object (the non-carrying vessel or object) as a result
of the negligence of the non carrying vessel or object
or the owner of, charter of, or person responsible for
the non carrying vessel or object, the Merchant undertakes
to defend, indemnify and hold harmless the Carrier against
all claims by or liability to (and any expense arising
therefrom) any vessel or person in respect of any loss
of, or damage to, or any claim whatsoever of the Merchant
paid or payable to the Merchant by the non carrying
vessel or object or the owner or charterer of or person
responsible for the non carrying vessel or object and
set off recouped or recovered by such vessel, object
or person(s) against the Carrier, the carrying vessel
or her owners or charterers.
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General Average |
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(1) The Carrier may declare General
Average which shall be adjustable according to the New
York/ Antwerp Rules of 1974 at any place at the
option of the Carrier and the Amended Jason Clause as
approved by BIMCO is to be considered as incorporated
herein and the Merchant shall provide such security
as may be required by the Carrier in this connection.
(2) Notwithstanding (1) above, the
Merchant shall defend, indemnify and hold harmless the
Carriers in respect of any claim (and any expense arising
therefrom) of a General Average nature which may be
made on the Carrier and shall provide such security
may be required by the carrier in this connection.
(3) The carrier shall be under no obligation
to take any steps whatsoever to collect security for
General Average Contributions due to Merchant.
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Charges |
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(1) Charges shall be deemed fully earned
on receipt of the Goods by the Carrier and shall be
paid and non-returnable in any event.
(2) The charges have been calculated
on the basis of particulars furnished by or on behalf
of the Merchant. The Carrier shall be entitled to production
of the Commercial Invoice for the Goods or true copy
thereof, and to inspect, reweight,
remeasure and revalue the goods and if the particulars
are found by the Carrier to be incorrect, the Merchant
shall pay the Carrier the correct charges (credit being
given for the charges charged) and the costs incurred
by the Carrier in establishing the correct particulars.
(3) All Charges shall be paid without
any set off counter claim deduction or stay of execution.
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Lien |
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The Carrier shall have a lien on
Goods and any documents relating hereto for all
sums whatsoever due at any time to the carrier from
the Merchant and for General Average contributions to
whomsoever due and for the costs of recovering the same
and the Carrier shall have the right to sell the Goods
and documents by public action or private treaty, without
notice to the Merchant and all the Merchant’s
expense and without any liability towards the Merchant.
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Variation of the
contract |
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No servant or agent of the Carrier shall have power
to waive or vary any of the terms hereof unless
such waiver or variation is in writing and is specifically
authorized or ratified in writing by a director or officer
of the Carrier who has the authority of the Carrier
so to waive or vary.
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Partial validity |
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If any provision in this Bill of Lading is held to be
invalid or unenforceable by any court or
regulatory or self regulatory agency or body , such
invalidity or unenforceability shall attach only to
such provision. The validity of the remaining provisions
shall not be effected thereby and this Bill of Lading
contract shall be carried out as if such invalid or
unenforceable provision were not contained herein.
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