“Carrier” means Emirates Shipping Line FZE. “Precarrier” and “Oncarrier” shall include any carrier by land, water or air, which participates in the intermodal transportation of Goods moving under this Bill of Lading from the Place of Receipt up to the Port of Loading in the case of the Precarrier and from the Port of Discharge up to the Place of Delivery in the case of the Oncarrier. “Merchant” includes any Person who at any time has been or becomes the shipper, holder, consignee, receiver of the Goods, any Person owning or entitled to the possession of the Goods or of this Bill of Lading and/or anyone acting on behalf of any such Person. All such Persons coming shall be jointly and severally liable to the Carrier for the due fulfillment of all obligations undertaken by the Merchant in this Bill of Lading and remain so liable throughout the Carriage, notwithstanding their having transferred this Bill of Lading and/or title to the Goods to another party.
“Goods” means the whole or part of the cargo received from the shipper and includes any container, trailer, transportable tank, flat or pallet or any similar article used to consolidate the Goods. “Carriage” means the whole of the operations and services undertaken by the Carrier in respect of the Goods. “Vessel” means any waterborne craft on which it is proposed that the Goods shall be carried during all or part of their carriage between the Port of Loading and the Port of Discharge. This term shall include any alternative or substitute vessel to the Vessel named on this Bill of Lading, in the Carrier’s discretion. “Freight” includes all charges payable to the Carrier in accordance with the applicable tariff, charter party, contract of affreightment and this Bill of Lading.
“On board” or similar words endorsed on this Bill of Lading means that the Goods have been loaded on the Vessel or in the event of intermodal transportation, if the originating Precarrier is an inland carrier, means that the Goods have been loaded on railcars or other means of inland transportation and are in the custody of a railroad or other Precarrier.
“Package” includes containers, vans, trailers, pallets and unitised Goods or things of any description whatsoever having packaging excluding Goods shipped in bulk or Goods not shipped in packages. “Person” includes an individual, group, company or other entity.
“Hague Rules” means the provisions of the International Convention for the Unification of Certain Rules relating to Bills of Lading signed at Brussels on 25 August 1924 or any national legislation making such Rules compulsorily applicable to this Bill of Lading.
“Hague Visby Rules” means the provisions of the International Convention for the Unification of Certain Rules relating to Bills of Lading signed at Brussels on 25 August 1924 as amended by the Protocol signed at Brussels on 23 February 1968 or any national legislation making such Rules as amended compulsorily applicable to this Bill of Lading.
“Hamburg Rules” means the provisions of the United Nations Convention on the Carriage of Goods by Sea 1978 adopted at Hamburg on 31 March 1978 or any national legislation giving compulsory effect to such Rules in respect of this Bill of Lading.
The interested parties (Carrier, Merchant, Vessel, Shipper, Consignee) express their will and accept, together with the remaining clauses of this Bill of Lading, the following: (1) that any alteration of the Bill of Lading requires a written agreement; and (2) if in the cases to which the Hamburg Rules are compulsorily applicable, there is proof that the Carrier, his servants or agents adopted all the means which could reasonably be expected to avoid the occurrence and its consequences, the Carrier shall not be liable for the loss, damage or delay resulting from or arising out of any of the circumstances established in Rule 2 of Article 4 of the Hague Visby Rules, save the ones contained in letters a), b) and o). In the same aforementioned cases, the agreed freight comprises the Carriage from the “Point of Reception” of the Goods at the Port of Loading to the “Point of Delivery” of same, at the Port of Discharge, including loading and discharge operations for account of the Carrier.
(1) Save where the English Carriage of Goods by Sea Act 1971 applies the Hague Visby Rules compulsorily to this Bill of Lading, in which event this Bill of Lading shall be subject to the Hague Visby Rules, the Hague Rules shall apply and the Carrier shall be entitled to the benefit of all privileges, rights and immunities contained in Articles I to VIII of the Hague Rules, save that notwithstanding the provisions of Article III Rule 8 of the Hague Rules, the limitation sum for the purpose of Article IV Rule 5 of the Hague Rules shall be £100 pounds sterling.
(2) Notwithstanding Clause 2(1) above, for shipments to and from the United States, this Bill of Lading shall be deemed to incorporate and shall give effect to the provisions of the United States Carriage of Goods by Sea Act (hereinafter “COGSA”) approved April 16, 1936 and nothing herein nor contained in the said Act shall be deemed a surrender by the Carrier of any of its rights or immunities or an increase of any of its responsibilities or liabilities thereunder, nor shall the Carrier be deemed to have warranted the seaworthiness of the Vessel. The provisions stated in COGSA shall govern the Goods before they are loaded on and after they are discharged from the Vessel and throughout the entire time that they are in the custody of the Carrier at a United States port and/or in the custody of any pre-carriers, on-carriers or subcontractors in the United States. The Carrier shall also have the benefit of Sections 181 to 189, inclusive of title 46 US Code and the benefits of Sections 4281 to 4286 inclusive and Section 4289 of the United States Revised Statutes, as amended, the same as if it were the owner of the Vessel or other water craft used to transport the Goods.
(3) Notwithstanding Clauses 2(1) and 2(2) above, if this Bill of Lading is subject to legislation which makes the Hamburg Rules compulsorily applicable to it, then this Bill of Lading shall have effect subject to the Hamburg Rules when an action is brought in the country from or to which the Goods have been shipped (without prejudice to Clause 24) and the Hamburg Rules are compulsorily applicable in such country, which shall nullify any stipulation derogating therefrom to the detriment of the shipper or consignee. If the Hamburg Rules are compulsorily applicable to this Bill of Lading by reason of the aforesaid, it is hereby agreed that the date of delivery of the Goods shall be six (6) months from the date of shipment.
The terms of the Carrier´s applicable tariffs are incorporated herein. Particular attention is drawn to the terms therein relating to container and vehicle demurrage. Copies of relevant provisions of the applicable tariff are obtainable from the Carrier or its agents upon request at any time. In case of inconsistency between this Bill of Lading and the applicable tariff, this Bill of Lading shall prevail.
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, ports in or out of the advertised, geographical, usual or ordinary route or order, even though in proceeding thereto the Vessel may sail beyond the Port of Discharge or in a direction contrary thereto, or depart from the direct or customary route.
The Vessel may call at any port for any purpose whatsoever and whether or not connected with the Carriage of the Goods, including for loading and unloading other goods and/or for the purpose of the current voyage or of a prior or subsequent voyage, omit calling at any port or ports more than once, adjust equipment, drydock, go on ways or repair yards, shift berths, take fuel or stores, remain in port, 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 contracted voyage. Anything done in accordance with this Clause 4 and Clause 8 hereof or any delay arising therefrom shall be deemed to be within the scope of the voyage herein and shall not be a deviation.
The Carrier and Master may at any time comply with any orders, recommendations or directions of any government(s) or international organization(s) or authority/authorities or persons or body acting or purporting to act with the authority of such government(s) or international organization(s) or authority/authorities.
The Carrier shall be entitled to subcontract on any terms the whole or any part of the handling and/or carriage of the Goods and any or all of its duties with respect thereto. Every employee, agent and independent contractor of the Carrier, including the Master, officers and crew members of the Vessel and stevedores, longshoremen, terminal operators and others used and employed by the Carrier in the performance of this work and services in relation to the Goods referred to herein and the goods of others, shall be a beneficiary of this Bill of Lading and shall be entitled to all defences, exemptions, and immunities from and limitations of liability which the Carrier has under the provisions of this Bill of Lading and under any other applicable National law and in entering into this contract, the Carrier, to the extent of those provisions, does so not only on its own behalf but also as agent and trustee for each of the persons and companies described above, all of whom shall be deemed parties to the contract evidenced by this Bill of Lading.
The Merchant further undertakes that no claim or allegation in respect 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 thereof.
If despite the terms of this Bill of Lading it is adjudged that any party, other than the Carrier is the carrier and/or bailee of the Goods shipped hereunder, all rights, defences, immunities, limitations of and exceptions from liability provided for by law or by this Bill of Lading shall be available to such other party.
The Carrier may at any time and without notice to the Merchant use or substitute any means of carriage whatsoever and/or transfer and/or forward the Goods by any means and from one conveyance to another including (without limitation) transshipping or carrying the Goods in whole or in part on another vessel (or vessels) than the Vessel or Vessels named overleaf, whether operated by the Carrier or others and/or load, unpack, unload or transfer the Goods at the original Port of Loading or at any port or place (whether or not such port or place is named overleaf) and store the Goods at any such port or place. Any and all rights and exemptions accorded to the Vessel or Vessels named in this Bill of Lading shall likewise apply to any of the conveyances mentioned in this clause.
In any situation whatsoever, including but not limited to political disturbances, strikes or work stoppages or closures or blockages of waterways, which in the judgment of the Carrier or Master is likely to give rise to risk of capture, seizure, detention, damage, delay or disadvantage to the Vessel, Goods and/or those on board, the Carrier or Master shall, in addition to the other rights contained in this Bill of Lading, have the right to stop or delay the Vessel, awaiting the removal of any such hindrance or obstruction, or to return the Goods to the Port of Loading or to proceed via any other route, or to transfer the Goods to craft off shore and/or forward them by any means of conveyance to destination all at the risk and expense of the Merchant. All storage charges in connection therewith, as well as all costs and expenses of forwarding and/or relaying shall be for the account of the Merchant and shall constitute a lien on the Goods.