Terms and conditions
Terms and conditions
1. Clause Paramount:
This Bill of Lading shall have effect subject to the provisions of the Carriage of Goods by Sea Act of the United States 46 U.S.C. section 1300-1315 (hereafter "COGSA".) The provisions stated in the COGSA (except as may be otherwise specifically provided herein) shall govern before the goods are loaded on and after they are discharged from the ship throughout the entire time the goods are in the custody of the carrier.
2.1 "Ship" means the vessel name in this Bill of Lading, or any conveyance owned, chartered, or operated by Carrier or used by Carrier for the performance of this contract.
2.2 "Carrier" means International Freight Transport, Inc., or whose behalf this Bill of Lading has been signed.
2.3 "Merchant" includes the Shipper, the Consignor, the Consignee, the Holder of this Bill of Lading and any person having a present or future interest in the Goods or any person acting on behalf of any of the above-mentioned persons.
2.4 "Container" includes any container, trailer, transportable tank, lift van, flat, pallet, or any similar article of transport used to consolidate goods.
3.1 Carrier shall be entitled to subcontract on any terms the whole or any part of the handling, storage, or carriage of the goods and all duties undertaken by the Carrier in relation to the goods.
3.2 Every servant or agent or subcontractor of Carrier shall be entitled to the same rights, exemptions from liability, defenses and immunities to which Carrier is entitled. For theses purposes, carrier shall be deemed to be acting as agent or trustee for such servants or agents, who shall be deemed to be parties to the contract evidenced in this Bill of Lading.
4. Route of Transport:
4.1 Carrier is entitled to perform the transport in any reasonable manner and by any reasonable means, methods and routes.
4.2 The ship shall have the liberty to, at any time, adjust navigational instruments, make trail trips, dry dock, go to repair yards, shift berths, take in fuel or stores, embark or disembark any persons, carry contraband and hazardous goods, sail with or without pilots and save or attempt to save life or property. Delays resulting from such activities shall not be deemed a deviation.
5. Hindrances Affecting Performances:
5.1 Carrier shall use reasonable endeavors to complete transport and to deliver the goods at the place designated for delivery.
5.2 If at any time the performance of this contract as evidenced by this Bill of Lading in the opinion of Carrier is, or will be affected by any hindrance, risk, delay, difficulty or disadvantage of any kind including strike and if by virtue of the above Carrier has no duty to complete the performance of the contract. Carrier, whether or not the transport is commenced may elect to:
a) Treat the performance of this contract as terminated and place the goods at Merchant's disposal at any place Carrier shall deem safe and convenient, or
b) Deliver the goods at the place of delivery. In any event, Carrier shall be entitled to full freight for any goods received for transportation and additional compensation for extra costs resulting from the circumstances referred to above.
6. Basic Liability:
6.1 Carrier shall be liable for loss of or damage to the goods occurring between the time when it takes goods into its charge and the time of delivery.
6.2 If it is established that the loss of or damage to the goods occurred during sea carriage, liability shall be governed by COGSA (See section 1.)
6.3 If it cannot be determined when the loss of or damage to the goods occurred, it shall be presumed that such loss or damage occurred while the goods where in the custody of Carrier and COGSA shall govern.
6.4 Carrier does not undertake that the goods shall be delivered at any particular time and shall not be liable for any direct or indirect losses caused by any delay.
6.5 Carrier shall not be liable for any loss or damage arising from:
a) an act or omission of Merchant or person other than Carrier acting on behalf of Merchant from whom Carrier took the goods in charge.
b) Compliance with the instructions of any person authorized to give them.
c) Handling, loading, stowage, or unloading of the goods by or on behalf of Merchant
d) Inherent vice of the goods.
e) Lack or insufficiency of or defective condition of packing in the case of goods, which by their nature are liable if wastage is damage when not packed or when not properly packed.
f) Insufficiency or inadequacy of marks or numbers on the goods, covering or unit loads.
g) fire, unless caused by actual fault or privity or Carrier
h) Any cause or event which Carrier could not avoir and the consequences or which he could not prevent by the exercise of due diligence.
6.6 With respect to the transportation performed by Inland Carriers to the ports of loading or from the port of discharge, the responsibility of Carrier shall be to procure transportation by such carriers (one or more) and such transportation shall be subject to the Inland Carriers' contracts of carriage, tariffs and any law compulsorily applicable. Carrier guarantees the fulfillment of such Inland Carries' obligations under their contracts and tariffs.
6.7 If Merchant with the consent of carrier has declared a higher value for the goods and such higher value has been started in the Bill of Lading, such higher value shall be the limit of Carrier's liability. However, Carrier shall not in any case be liable for an amount greater than the actual loss to the persons entitled to make the claim.
6.8 Subject to the provisions 19 C.F.R. ° 111.44 to the extent Carrier takes in the responsibility of clearing customs in no event shall Carrier be liable for any act omission or default by it or in connections with an exportation or importation unless a written claim therefore is presented to Carrier at Carrier's office within ninety (90) days from the date of exportation or importation of the goods. The Merchant agrees that the Carrier shall in no event be liable for any loss, damage, expense or delay to the goods resulting from the negligence or other fault of the Carrier for any amount in excess of $50.00 per shipment (or the invoice value, if less) and any partial loss of damage for which the Carrier may be liable shall be adjusted pro rata on the basis of such valuation. The Merchant has the option of paying a special compensation to increase the liability of the Carrier in excess of $50.00 per shipment in case of any loss, damage, expense or delay from causes which would make the Carrier liable, but such can be exercised only by specific written agreement made with the Carrier prior to shipment which agreement shall indicate the limit of the Carrier's liability and the special compensation for the added liability by it to be assumed. Merchant agrees to indemnify and hold the Carrier harmless from any claims and/or liability arising from the exportation or importation of merchandise which violates any federal state and/or other laws or regulations and further agrees to indemnify and hold the Carrier harmless against any and all liability, loss, damages, costs, claims and/or expenses, including but not limited to attorney's fees which the Carrier may incur, suffer or be required to pay by reason of claims by any government agency or any private party.
7. Compensation for Loss and Damage:
7.1 Unless otherwise mandated by compulsorily applicable law, Carrier's liability for compensation for loss of or damage to goods shall in no case exceed the amount of $500 per package or per customary freight unit unless the nature of the goods and a valuation higher than $500 was declared in writing by the shipper upon delivery to Carrier and inserted in this Bill of Lading.
7.2 In any case where Carrier's liability for compensation may exceed the amounts set forth in clause 7.1 above. Compensation shall be calculated by reference to the value of the goods according to their current market price at the time and place they are delivered or should have been delivered in accordance with this contract.
7.3 If the value of the goods is less than $500 per package or per customary freight unit, their value for compensation purposes shall be deemed to be the invoice value plus freight and insurance, if paid.
8. Description of Goods:
Merchant warrants to Carrier that all particulars of the goods, including, without limitations, the marks, numbers, quantity and weight furnished by Merchant are correct and Merchant shall indemnify Carrier against all losses arising from any inaccuracy.
9. Carrier's Containers
9.1 If goods are not received by Carrier already in containers, carrier may pack them in any type container.
9.2 Merchant shall be liable to Carrier for damage to Carrier's containers or equipment if such danage occurs while such equipment is in control of Merchant or his agents.
9.3 Merchant indemnifies Carrier for any damage or injury to persons or property caused by Carrier's containers during handling by or when in possession or control of Merchant.
9.4 Merchant undertakes to return such containers to Carrier within the time provided for in Carrier's applicable tariff; otherwise Merchant shall pay Carrier for the demurrage or detention charges applicable to the containers.
10. Container Packed by Merchant:
If Carrier received the goods already packed in containers:
1. This Bill of Lading is prime facie evidence of the receipt of the particular number of containers set forth, and that number only. Carrier accepts no responsibility with respect to the order and condition of the contents of the containers.
2. Merchant warrants that the stowage and seals of the containers are safe and proper and suitable for handling and carriage.
3. Delivery shall be deemed as full and complete performance when the containers are delivered by Carrier with the seals intact and
4. Carrier has the right to open and inspect the containers at any time without notice to Merchant and expenses resulting from same shall be borne by Merchant.
11. Dangerous Goods:
11.1 Merchant may not tender goods of a dangerous nature without written application to Carrier and Carrier's acceptance of the same. In the application Merchant must identify the nature of the goods with reasonable specify as well as the names and addresses of the shippers and consignees. 11.2 Merchant shall distinctly and permanently mark the nature of the goods on the outside of the package and container and shall submit to carrier or to the appropriate authorities all necessary documents required by law or by Carrier for the transportation of such goods. 11.3 If the goods subsequently, in the judgement of Carrier, become a danger to Carrier, the Ship or other cargo, Carrier may dispose of the goods without compensation to Merchant and Merchant shall indemnify Carrier for any loss or expenses arising from such action.
12. Deck Cargo:
12.1 Carrier has the right to carry the goods in any container under deck or on deck. 12.2 Carrier is not required to note "on deck stowage" on the face of the Bill of Lading and goods so carrier shall constitute under deck stowage for all purposes including the General Average. 12.3 Except as otherwise provided by any law applicable to this contact, if this Bill of Lading states that the cargo is stowed on deck, then Carrier shall not be liable for any loss of or damage to the goods for any non-delivery, misdelivery, delay or loss to goods carried on deck, whether or not caused by Carrier's negligence or the ship's unseaworthiness.
13. Heavy Lift:
13.1 Single packages with a weight exceeding 2,240 pounds gross not presented to carrier in enclosed containers must be declared in writing by Merchant before receipt of the packages by Carrier. The weight of such packages must be clearly and durably marked on the outside of the package in letters and figures not less than two inches high. 13.2 If merchant fails to comply with the above provisions, Carrier shall not be liable for any loss of or damage to the goods, and Merchant shall be liable for any loss of or damage to persons or property resulting from such failure and Merchant shall indemnify Carrier against any loss or liability suffered or incurred by Carrier as a result of such failure.
14.1 Carrier shall have the right to deliver the goods at any time at any place deisgnated by Carrier within the commercial or geographic limits of the port of discharge or place of delivery shown in this Bill of Lading. 14.2 Carrier's responsibility shall cease when delivery has been made to Merchant, any person authorized by Merchant to receive the goods, or in any manner or to any other person in accordance with the custom and usage of the port of discharge. 14.3 If goods should remain in Carrier's custody after discharge from the ship and possession is not taken by Merchant after notice, within the time limit allowed in Carrier's applicable tariff, the goods may be considered to have been delivered to Merchant, and, at Carrier's option, may be stored at Merchant's expense.
15. Notice of Claims:
15.1 Written notice of claims for loss of or damage to goods occurring or presumed to have occurred while in the custody of Carrier must be given to Carrier at the port of discharge before or at the time or removal of the goods by one entitled to delivery. If such notice is not provided, removal shall be prima facie evidence of delivery by carrier. If such loss or damage is not apparent, Carrier must be given written notice within 3 days of the delivery.
16. Freight and Charges:
16.1 Freight may be calculated on the bases of the particulars of the goods furnished by Merchant. Carrier and Merchant agree that it may be difficult or impossible to assess damages if freight is incorrectly declared. Therefore, in case of incorrect declaration of the goods, Merchant shall pay a sum equal to three times the difference between the correct freight and the freight charged as liquidated damages, notwithstanding any other sum having been stated herein as freight payable. Quotation as to fees, rates of duty, freight charges, insurance premiums or other charges given by Carrier to Merchant are informational purposes only and are subject to change without notice and shall not under any circumstances by biding upon Carrier unless the Carrier in writing specifically undertakes the handling of transportation of the shipment at a specific rate. 16.2 Freight shall be deemed earned on receipt of goods by Carrier, whether the freight be intended to be prepaid or collected at destination. Payment shall be in full and in cash, in the currency named in this Bill of Lading, or another currency at Carrier's option. Interest at 12% shall run from the date when freight and charges are due. If the services of an inland or air carrier are used for this transportation, payment of freight to the inland or air carrier is not payment to Carrier. Full freight shall be paid on damaged or unsound goods. In any referral for collection or action against the and/or litigation, including reasonable attorneys' fees. 16.3 Merchant shall liable for all dues, duties, fines, taxes, and charges, including consular fees, levied on the goods. Merchant shall be liable for return freight and charges on the goods if they are refused export or import by any government. 16.4 All persons encompasses within the definition of "Merchant" as provided in section 2 of the Bill of Lading shall be jointly and severally liable to Carrier for the payment of all freight and charges including advances. 16.5 All persons encompasses within the definition of "Merchant" as provided in section 2 of this Bill of Lading shall jointly and severally indemnify the Carrier for all claims, fines, penalties, damages, costs and other amounts which may be incurred or imposed upon the Carrier by reason of any breach of the Merchant of any of the provisions of this Bill of Lading or of any statutory or regulatory requirements. 16.6 Goods received with Merchant's or other person's instruction to "Collect on delivery" ("C.O.D.") by drafts or otherwise, or to collect any specified terms by time drafts or otherwise are accepted by Carrier only upon the express understanding that it will exercise reasonable care in selection of a back correspondent, carrier or agent to whom it will send such item for collection, and the Carrier will not be responsible for any act, omission, default, suspension, insolvency or want or care, negligence or fault of such bank correspondent, carrier, or agent, nor for any delay in remittance lost in exchange or during transmissions, or while in the course of collection.
The Carrier shall have a general lien on any and all property (and documents relating thereto) of the Merchant, in its possession, custody or control or en route, for all claims for charges, expenses or advances incurred by the Carrier in connection with any shipments of the Merchant and if such claim remains unsatisfied for thirty (30) days after demand for its payment is made the Carrier may sell at public auction or private sale, upon the (10) days written notice, registered mail (R.R.R.) to the Merchant, to goods, ware and/or merchandise or so much necessary to satisfy such lien, and apply the net proceeds of such sale to the payment of the amount due the Carrier. Any surplus from such sale shall be transmitted to the Merchant, and the Merchant shall be liable for any deficiency in the sale.
18. Time Bar:
Carrier shall be discharged from all liability for loss of or damage to goods unless suit is brought within one year after delivery of the goods or the date when the gods should have been delivered. The time bar for overcharge claims shall be that set forth in Carrier's applicable tariff or 36 months, whichever is shorter and or legal effect under the laws of the country having jurisdiction over this contract.
Any claim or dispute under this Bill of Lading or contract shall be decided by the court in Montreal, Province of Quebec.
20. General Average:
20.1 General Average shall be adjusted at New York, or any other port at Carrier's option, according to the York-Antwerp Rules of 12974. The General Average statement shall be prepared by adjusters appointed by Carrier. 20.2 In the event of accident damage, danger or disaster after commencement of the voyage resulting from any cause wahtsoever, whether due to negligence or not, for the consequence of which Carrier is not responsible by statute, contract or otherwise, Merchant shall contribute with Carrier in General Average to the payment of any sacrifice, loss or expense or a General Average nature that may be made or incurred, and shall pay salvage or special charges incurred in respect of the goods. If a salving vessel is owned or operated by Carrier, salvage shall be paid for as fully as if the salving vessel or vessels belonged to strangers.
21. Both-to-Blame collision Clause:
If the ship comes into collision with another vessel as a result of negligence of the other vessel and any negligence or fault on the part of Carrier or its servants or subcontractors, Merchant shall indemnify Carrier against any loss or liability to the other or non-carrying vessel or her owners, insofar as such loss or liability represents loss of, or damage to, or any claim whatsoever of Merchant paid or payable by the other or non-carrying vessel or her owners and Merchant and set-off, recouped or recovered by the other or non-carrying vessel or her owners as part of their claim against the carrying ship or her owner. This provision hall apply as well where the owners, operators or those in charge of any ship or ships or objects other that, or in addition to the colliding ships or objects are at fault with respect to a collision or contract.
22. Carriers' Tariffs:
22.1 The goods carried under this Bill of Lading are all subject to all the terms and conditions of tariff(s) on file with the Federal Maritime Commission, the Interstate Commerce Commission or any other regulatory agency which governs a particular portion of the carriage and the terms are incorporated herein as part of the terms and conditions of this Bill of Lading. 22.2 Copies of Carriers' tariffs may be obtained from Carrier or its agents upon request or from the governmental body with whom the tariff has been filed.
The terms of this Bill of Lading shall be severable and, if any part or term hereof shall be held invalid, such holding shall not affect the validity or enforceability of any other part of term hereof.