Tariff Number: WATU-040
Title & Type: Bill of Lading General Applicability
Organization Number: 000088
Contact:
Waterman
Steamship Corp., 11
North Water Street, Mobile, AL 36602 USA
Default: Customary freight
units and US dollar currency
units
Scope: Between US
ports & points and world wide
ports
& points
Publication date: 1 April 2007
Effective date: 1 May 2007 Certification:
Information contained in this tariff is
true and accurate and no unlawful alterations are permitted.
2. U.S.A. CLAUSE
PARAMOUNT: This bill of lading shall have effect and be governed
by the United States Carriage of Goods by Sea Act, adopted 1936, 46
U.S.C. Section 1301 et. seq., which is deemed incorporated herein
{except as otherwise specifically provided for herein) and shall apply
throughout the entire time the goods are in the carrier's custody,
including periods of the carrier's actual custody before the goods are
loaded on the vessel and after discharge there from and to all
movements and transportation of goods over land, by air, rail, truck or
other method occurring at whatsoever time provided that said
transportation has been arranged by the earner. Nothing contained
herein is to be deemed a surrender by the carrier of any of its rights,
defenses, immunities or exemptions or limitations or to in any way
increase the carrier's responsibilities under the United States
Carriage of Goods by Sea Ad. In the event that this bill of lading is
issued in a locality where legally there has been adopted a law or
ordinance of a similar nature to the International Convention for the
Unification of Certain Rules Related to Bills of Lading, dated Brussels
August 25,1924, or any amendments thereto, or any convention, ordinance
or statute whereby there is imposed upon the carrier a liability for or
a higher package or customary unit of freight limitation value than
called for by United States Carriage of Goods by Sea Act, then and in
that event nothing contained herein shall be deemed a surrender by the
carrier of any rights defenses, exemptions, immunities or limitations
or an increase of carrier's responsibilities or liabilities under the
United States Carriage of Goods by Sea Act, adopted 1936.
No provision of this bill of lading shall be deemed or interpreted to
mean the parties voluntarily hereby adopt the United Nations Convention
on the Carriage of Goods by Sea 1978 (The Hamburg Rules). But, in the
event the United Nations Convention on the Carriage of Goods by Sea
1978 (The Hamburg Rules) is deemed for whatever reason to be applicable
to this bill of lading or to any carriage or transportation of goods
rendered by earner, then, and only in that event the carrier shall be
entitled to all rights, defenses, exemptions, immunities or limitations
under the United States Carriage of Goods by Sea Act, adopted 1936,
whenever the provisions of said act are not inconsistent therewith.
If any term of this bill of lading be repugnant to the United States
Carriage of Goods by Sea Act adopted 1936, to any extent such term
shall be void to that extent but no farther. The carrier shall be
entitled to the benefits of all privileges, rights and immunities
contained in the United States Carriage of Goods by Sea Act, adopted
1936.
3. SCOPE OF VOYAGE: Nothing in
this bill of lading is to be read as an engagement that the said
carriage shall be performed directly or without delays. If the goods in
whole or in part are shut out from the vessel named herein for any
cause, the carrier may forward them under the terms of this bill of
lading on a subsequent vessel. Without limitation of any right the
earner may have in this bill of lading, the carrier may substitute
another vessel, discharge and/or transship and/or forward the whole or
any part of the goods before or after loading at the original port of
shipment or at any other place by any other vessel or other means,
whether operated by the carrier or by others and whether leaving or
arriving at the port of shipment or transshipment or destination before
or after the vessel expected to be used for the transportation of
goods. The vessel, with any part of the goods on board, either before
or after proceeding toward the port of discharge and for any purpose
whatever that the carrier may deem advisable may stay in port adjust
compasses, dock, go on ways or to repair yards, shift berths, lie on
the bottom in berth, move from place to place in any port, take fuel or
stores, load or discharge cargo or other property, embark and disembark
passengers, sail without pilots, tow and assist vessels or be towed,
save life, property of the carrier or others and may proceed by any
route or through any waters whatever. The vessel may omit calling at
any port, whether scheduled or not, may return to loading port, depart
from or change the advertised, usual, geographical, direct or intended
route at any stage of the voyage and may proceed beyond or in contrary
direction to or outside the usual route to the port of discharge and
may proceed to and stay at and load or discharge at any place whatever,
as inducements may offer, backwards or forwards, once or oftener, and
may load, carry or discharge cargo at, for or between intermediate or
other ports, whether on this voyage or a preceding or subsequent
voyage, even though two or more of such voyages may overlap. Any such
procedure shall be considered within the voyage herein intended as
fully as if specifically described herein. The provisions of this
clause are not to be considered as restricted by an words of this
contract, whether written, stamped or printed.
4. CARRIER'S
RESERVATION OF EXEMPTIONS AND LIMITATIONS: The carrier, and any
vessels utilized to perform transportation pursuant to this bill of
lading, their owners and charterers, shall be entitled to the full
benefit of, and right to, all limitations of, or exemptions from,
liability contained in any law of the United States, including but not
limited to those provided in or authorized by the provisions of Title
46, United States Code, Sections 181 to 186, inclusive, and Section 188
of Title 46 of the United States Code, and any amendments thereto, and
of any other provisions of the laws of the United States or of any
other country or place whose laws shall be applicable. This bill of
lading shall not be deemed to give rise to a personal contract of the
carrier Nothing in this bill of lading (expressed or implied) shall be
deemed to waive or operate to deprive the carrier of, or lessen the
benefits of, any such rights, immunities, limitations or exemptions.
The terms of this bill of lading constitute the contract of carriage,
which is between the shipper, consignee and the owner of the goods, and
the owner or demise charterer of the vessel designated to carry the
goods. It is understood and agreed that, other than said ship owner or
demise charterer, no person, firm or corporation or other legal entity
whatsoever (including the master, officers and crew of the vessel, all
agents and all stevedores, watchmen and other independent contractors
whatsoever) is, or shall be deemed to be, liable with respect to the
goods as a carrier, bailee or otherwise howsoever, in contact or in
tort. If, however, it shall be adjudged that any other than said ship
owner or demise charterer is carrier or bailee of the goods or under
any responsibility with respect thereto, all limitations of and
exonerations from liability provided by the law or the terms hereof
shall be available to such other. In contracting for the foregoing
exemptions, limitations and exonerations from liability, the carrier is
acting as agent and trustee for the other above-mentioned.
5. LIBERTIES: The carrier shall
have liberty to comply with any orders, directions or suggestions
whatever with respect to the ship or goods whenever given by any person
acting or purporting to act with the authority of any government,
international organization or association of governments or of any
department thereof, or by any committee or person having, or purporting
to have, under the terms of the war risk insurance on the ship, the
right to give such orders or directions. If, in consequence of such
compliance by the carrier, the unrestricted space available to the
carrier for the carriage of cargo is less than the full cargo capacity
of the ship, the carrier may postpone the carriage of any part of the
goods contracted for herein till some later date or cancel in whole or
in part the engagement for carnage of all or any part of the goods and
if any part of the goods has been loaded, may require the owner,
shipper or consignee to take delivery of the goods alongside the ship,
and the earner shall not be under any further responsibility with
respect thereto. Without limitation of any other provision herein, in
any situation whatever or wherever occurring and whether existing or
anticipated before commencement of, or during the voyage, which, in the
judgment of the earner is likely to give rise to risk of capture,
seizure, detention, damage, delay or disadvantage to, or loss of the
ship or any part of the cargo or to make it unsafe, imprudent or
unlawful for any reason to commence or continue the voyage, or to give
rise to delay or difficulty in arriving, entering, staying at,
discharging at or leaving the port of discharge or the usual or
intended place of discharge in such port, the carrier may decline to
toad, or before or after loading or before the commencement of the
voyage may require the shipper or other person entitled thereto, to
take delivery of the goods at port of shipment and or their failure to
do so, may warehouse the goods at their risk and expense; or the
carrier, whether or not proceeding toward to attempting to enter the
port of discharge, may proceed by any route or return directly or
indirectly to or stop at such other port or place whatever as the
carrier may consider safe or advisable under the circumstances, once or
oftener, backwards or forwards in any order and discharge the goods at
any place it may select there, or the carrier may retain the cargo on
board until a return trip or until such time as the carrier thinks
advisable and discharge the goods at any place whatever as herein
provided, or the carrier may discharge and forward the goods by any
means whatever, all at the risk and expense of the goods. The carrier
is not required to give notice of discharge or forwarding. Whenever the
goods are discharged from the ship they shall be at their own risk and
expense. Such discharge shall constitute complete delivery and
performance under this contract and the carrier shall be free from any
further responsibility. The carrier shall be entitled to a reasonable
extra compensation for any services in connection with the foregoing
above the agreed freight. The ship may carry contraband, explosives,
munitions, warlike stores, hazardous cargo and may sell armed or
unarmed and with or without convoy.
6. EVENTS BEYOND
CARRIER'S CONTROL; STRIKES, STOPPAGES, ETC: In any situation
whatsoever or whatsoever occurring, including, but not limited to,
civil commotions, strikes and work stoppages or labor disturbances of
any kind, closures, obstructions, blockages and breakdowns of canals,
locks and inland waterways from whatever causes and whether existing or
anticipated before the commencement of, or during the voyage, which in
the judgment of the earner is likely to give rise to risk of capture,
seizure, arrest, detention, injury, damage, delay or danger, detriment
or disadvantage to, or loss of any goods, the carrying vessel, or any
persons, or to make it unsafe, imprudent, inadvisable or unlawful for
any person to receive or keep the goods or to commence or continue on
the voyage or to enter or discharge the vessel or goods, the carrier
(a) before, during or after receipt of the goods or before commencement
of the voyage, may decline to receive the goods or may discharge them
or any part thereof and may require the shipper or any person entitled
thereto to take delivery at the place of loading or elsewhere and upon
failure to do so the carrier may warehouse or store or hold the goods,
or (b) at any time, whether or not the carrying vessel is proceeding
toward or entering the place of delivery, and may discharge the goods
in any depot, lazaretto, craft or other place, or (c) may have the
carrying vessel proceed or return, directly or indirectly, or to stop
any port or place, and discharge the goods, or any part thereof, at any
such port or place into craft or into on any other place whatsoever, or
(d) may retain the goods, or any part thereof, on board the vessel
until the return trip or until such time as the carrier deems
advisable, and discharge the goods, or any part thereof, into craft or
into any other place whatsoever at the place of loading or elsewhere,
or (e) at the place of loading or elsewhere may substitute another
vessel or vessels or may transship or forward the goods, or any part
thereof, by any means, but always at the risk and expense of goods.
7. VESSEL
SUBSTITUTION; DAMAGED OR LOST GOODS; INABILITY TO PROSECUTE
VOYAGE: The carrier, in its discretion, at any time and place,
whether or not reason for its action or inaction was known at the time
of receipt of the goods, without notice: (a) may substitute
another vessel, whether operated by the carrier or others, or of a
different flag, type or speed, or whether before, during or after
loading the goods or any part thereof, and whether the substituted
vessel arrived or departs or is scheduled to do so before or after the
vessel named herein, (b) may, if the goods or any part of them are
damaged or lost, or in danger of damage or loss, or of becoming
worthless or subject to charges disproportionate to their value, or
because of their condition, take any measures to salve, protect,
recondition, recover possession of, sell, return to shipper, hold,
store, or otherwise deal with or dispose of the goods or any part of
them, or forward the goods or any part of them, by any means to or
toward the destination named herein, and (c) if there shall be a forced
interruption, abandonment or frustration of the voyage at any stage, or
because of the need of repairs to the carrying vessel, or of the
inability of the carrier or the carrying vessel to prosecute the voyage
promptly, may substitute another carrying vessel, or may forward the
goods or any part thereof by any means. The carrier is not required,
and does not undertake, to deliver the goods at the destination named
herein or elsewhere at any particular time, or to meet any market or
any time for any particular purpose or use, nor does it undertake that
the carrying vessel or substitute will sail or arrive at any stated or
scheduled time. The earner shall not be liable for any loss or damage
arising or resulting from delayed or earlier arrival of the goods or
any damage or expense incurred by the shipper or consignee because of
any change in the date or time of sailing or arriving. All such
measures, procedures or acts taken pursuant to this clause shall be at
the risk and expense of the goods.
8. SHIPPER'S
DESCRIPTION OF GOODS: Unless otherwise stated herein, the
description of the goods and the particulars of the pieces, packages or
customary freight units mentioned herein, are those furnished by the
shipper and guaranteed by it to be accurate, but the carrier shall not
be concluded as to the correctness of leading marks, numbers, quantity,
weight, gauge, measurement content description, nature, quality or
value. Description of the condition of cotton does not relate to the
insufficiency or torn condition of the covering, nor to any damage
resulting there from, and the earner shall not be responsible for
damage of such nature. Each piece or package shall be clearly and
durably marked on the outside in letters at least two inches high, with
the name of the port of discharge and the weight if it exceeds 4,480
lbs. Any such weight shall be declared in writing by the shipper or
shipment and the shipper shall pay extra charges that may be incurred
for loading, handling, transshipping or discharging. The shipper and
the goods shall be liable for, and shall indemnify the earner in
respect of any injury, toss, damage, or claim whatever on the part of
anyone whatever arising from shipper's failure to declare correctly the
nature, character and weight of the goods and mark them as above
provided, or from failure to make the goods or package as provided by
law.
9. STOWAGE ON DECK: Goods
stowed in poop, forecastle, deckhouse, shelter deck, passenger spaces,
storeroom, or any other covered-in space shall be deemed to be stowed
under deck for all purposes, including general average. Goods, whether
or not shipped in containers, vans, trailers, or other vehicles
containing goods and whether packed by Shipper or Carrier, may be
carried on deck at Carrier's option without notice and, if carried on
deck, Carrier shall not be required to specially note, mark or stamp
any statement of on-deck carriage on this bill of lading, any custom to
the contrary notwithstanding. The carriage on-deck of Goods and/or
containers, vans, tractors or other vehicles containing goods shall be
subject to the terms of the United States Carriage of Goods by Sea Act,
1936, notwithstanding Section 1(c) thereof. In respect of goods carried
on deck, all risks of loss or damage by perils inherent in such
carriage shall be borne by the shipper, but in all other respects the
custody and carriage of such goods shall be governed by the terms of
this bill of lading and the provisions of said Carriage of Goods by Sea
Act, notwithstanding Section 1 (c) thereof or the corresponding
provision of any Carriage of Goods by Sea Act that may be applicable.
Specially heated or cooled storage is not to be furnished unless
contracted for at an increased freight rate. The articles described in
4281 of said Revised Statutes shall not be considered delivered to the
carrier until they are placed in the possession of, and signed by, the
master or other officer on board the vessel and in charge of the deck
at the time. Delivery of such articles at the port of discharge shall
be taken upon the vessel's deck and any responsibility of the carrier
shall thereon wholly cease.
10. LIVE ANIMALS: Live
animals, birds, reptiles and fish are received and carried solely at
shipper's risk of accident, disease or mortality, but in other respects
they shall be considered goods and subject to all terms and provisions
of this bill of lading and the Carriage of Goods by Sea Act relating to
goods.
11. REFRIGERATED
CARGOES: Fruits, vegetables, meat and any similar kind of goods
will be carried in ordinary cargo compartments or holds unless it has
been agreed in writing at the time of delivery to the carrier that such
goods will be carried in a refrigerated, chilled or specially
ventilated compartment at a special rate of freight. Where a special
rate of freight is not paid, the shipper represents and agrees that
such goods do not need, and the carrier will not be required to give
them any other treatment than that given to other cargo. The
refrigerating, chilling or ventilating machinery and compartments shall
be considered part of the machinery and apportences of the ship.
12. BOTH TO BLAME: 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 servants of the carrier in the navigation or
in the management of the ship, the owners of the goods carried
hereunder will indemnify the earner against all toss or liability to
the non-carrying ship or her owners in so far as such loss or liability
represents loss of or damage to or any claim whatever of the owners of
said goods, paid or payable by the other or non-carrying ship or her
owners to the owners of said goods and set-off recouped or 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 a collision or contact.
13. GENERAL AVERAGE/NEW
JASON: In case of accident danger, damage or disaster before or
after commencement of the voyage resulting from any cause whatever,
whether due to negligence or not for which or for the consequences of
which, the carrier is not responsible by statute, contract or
otherwise, the goods, their owners, shippers or consignees 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. If the salving ship is owned or operated by the
carrier, salvage shall be paid as fully and in the same manner as if
the salving ship were owned or operated by strangers. General Average
shall be adjusted, stated and settled at any port or place selected by
the carrier, and according to York-Antwerp Rules, 1974, and as to
matters not therein provided for, according to the laws and usages at
the port of New York or at carrier's option at the last port of
discharge. The General Average statement in every instance shall be
prepared by average adjusters selected by the carrier. In average
adjustments, disbursements in foreign currency shall be exchanged into
U.S. dollars at the rate prevailing at time of payment and allowances
for damage to cargo claimed in foreign currency shall be converted at
the rate prevailing on the last day of discharge at the port of final
discharge of such damaged cargo. Such deposit, agreement or other
security as the carrier or his agents may consider requisite to cover
the estimated contribution of the goods and any salvage and special
charges thereon shall be made by the goods or shippers to the carrier,
if required, before delivery. Any deposits shall be payable at
carrier's option in U.S. dollars and shall be remitted to the adjuster
to be held by him in a special account at the place of adjustment
pending settlement of the General Average if any. When deposits have
been made in or converted to U.S. dollars, refunds or credit balance
shall be paid in U.S. dollars.
14. DELIVERY AND
CUSTOM OF PORT: The port authorities are hereby authorized to
grant a general order for discharging immediately on arrival of the
ship, and the earner, without giving notice either of arrival or
discharge, may discharge the goods directly they come to hand at or
upon any wharf, craft or place that the carrier may select and
continuously, Sundays and holidays included, at all such hours by day
or by night as the carrier may determine, no matter what the state of
the weather or custom of the port may be, and the goals shall be
received, package by package, as discharged from the ship's tackle, if
required by the carrier. The carrier shall not be liable in any
capacity or respect whatever if heat or refrigeration or special
cooling facilities shall not be furnished during loading or discharging
or any part of the time that the goods are upon the wharf, craft or the
place of loading or discharging. All lighterage and use of draft in
loading or discharging shall be at the risk and expense of the goods
and shall be provided by the shipper. If, notwithstanding, any
arrangements for lighterage or craft are made by the carrier, it shall
be considered solely the agent of shipper and consignee and without any
responsibility whatever. Landing and delivery charges and pier dues
shall be at the expense of the goods unless included in the freight
herein. Liquid cargo in bulk shall be pumped aboard by shipper so fast
as vessel can receive at shipper's risk and expense so far as the
vessel's connection and shall be received at port of discharge as
vessel is prepared to deliver. So soon as the goods are at the disposal
of the consignee for removal they shall be at their own risk and
expense and delivery by the carrier shall be considered complete. If
the goods are not removed by the consignee within the next working day
after they are at his disposal, they may, at carrier's option and
subject to carrier's lien, be sent to store or warehouse or tie
permitted to lie where landed, but always at the risk and expense of
the goods. The goods shall be considered to be delivered and at their
own risk and expense in every respect when taken into the custody of
customs or other authorities. The carrier shall not be required to give
any notice of disposition of the goods. If the vessel's loading or
discharge is delayed through failure of shipper to supply cargo or to
furnish or discharge is delayed through failure of shipper to supply
cargo or to furnish lighterage or use of craft in discharging or to
receive or remove the goods so that the vessel may load an discharge so
fast as she can, the shipper will pay for the detention of the vessel
at the current rate in U.S. currency of charter per ton of the vessel's
total deadweight carrying capacity every day.
15.
SUFFICIENCY OF PACKAGING AND MARKS; DESCRIPTION OF GOODS,
SPOILAGE: With respect to containers, vans, trailers, palletized
units and other packages not packed by the carrier, the carrier shall
not have any responsibility or liability for the safe and proper
packaging or stowage of the contents of such containers, vans,
trailers, palletized units or other packages. The shipper, whether
principal or agent, represents and warrants that the goods are properly
described, marked, secured and packed in containers, vans, trailers,
palletized units or other packages, and may be handled in ordinary
course without damage to the said containers, vans, trailers,
palletized units or to other packages, the carrying vessel, or to
property or persons, and guarantees the correctness of the particulars,
weight of each, and the description of the goods, and agrees to
ascertain, and to disclose in writing on shipment, any condition,
nature, quality, ingredient or characteristic of the goods which might
indicate that they are of an inflammable, explosive, corrosive,
radioactive, noxious, hazardous or dangerous nature, or any condition,
nature, quality, ingredient or characteristic that may cause damage,
injury or detriment to the goods, other property, the carrying vessel
or to persons and, in the event of failure to do so, the shipper agrees
to be liable for and fully indemnify the carrier, and to hold it
harmless in respect of any injury or death of any person, and/or loss
or damage to cargo or property. The carrier shall not be liable for the
correctness of any such marks descriptions or representations.
If at any time the goods, whether ashore or afloat, are, in the
judgment of the earner or master, or of the health or other
authorities, spoiling, decayed, injurious, offensive, unfit for further
carriage, or dangerous to health or property, or if any goods are in
fact, or may be considered by any civil or military authorities, or the
master to be inflammable, explosive, noxious, hazardous or dangerous,
whether shipped with the knowledge and consent of the carrier or master
as to their nature and character or shipped without such disclosure,
and become a danger to the carrying vessel or those on board, the goods
or other property, or any part thereof, may at any time or place be
landed, thrown overboard, destroyed or rendered innocuous without
compensation to the shipper or consignee in general average or
otherwise and extra charges and expenses, if any, for discharging,
lightening, handling, caring for, disposing of or otherwise occasioned
by such goods, shall be borne by the goods, the shipper and/or the
consignee.
16. IRON,
STEEL AND OTHER METALLURGICAL PRODUCTS; RUBBER, WOOD AND PAPER
PRODUCTS: It is expressly agreed that staining, chafing,
breakage, superficial rust, moisture, sweat, oxidation, condensation,
and any other like condition or any other slight alteration due to
moisture which might affect the external aspect of the goods is to be
considered inherent to the special nature of the cargo. Weight, as well
as the number of bundles and/or pieces bundled into lifts, is presumed
to be unknown, the earner having no reasonable means to check shipper's
weight and number of declarations at loading port Only the number of
lifts has been checked by the carrier.
17. SHIPPER'S MARKS
ETC.: The carrier shall not be liable for failure to deliver in
accordance with leading marks unless the goods shall have been marked
as herein required and the marks shall be clearly legible at the port
of transshipment or discharge. Goods that cannot be identified as to
marks or numbers, cargo sweepings, liquid residue and any unclaimed
goods not otherwise accounted for, shall be allocated to the various
consignees of goods of like character in proportion to any apparent
shortage, loss of weight or damage and shall be accepted as good
delivery. Loss or damage to goods in bulk stowed without separation
from other goods in bulk of like quality, either of the same shipper or
other shippers shall be divided in proportion among the several
shipments.
18. LIABILITY OF
CARRIER/PACKAGE LIMITATION: If the actual value of the package,
piece, or customary freight unit of cargo when not shipped as piece of
package, exceeds $500, the actual value shall be declared by the
shipper in writing before shipment and inserted in this bill of lading
and extra freight paid thereon if required; if that is not done the
value of such goods shall be deemed to be $500. per package, piece or
customary freight unit; if the value is $500, or less, the carrier's
liability, if any, shall be limited to the invoice value of the goods
as hereinafter defined, on which basis the rate of freight is adjusted,
but in no event shall the earner's liability exceed the market value at
port of discharge. Any partial loss or damage shall be computed pro
rata on the basis of the applicable value.
19. MENDING, COOPERAGE
AND RECONDITIONING: The goods shall be liable and shall indemnify
the carrier for all expense of mending, cooperage, bailing,
reconditioning, gathering of loose cargo or contents of packages:
for any payment, fine, dues, duty, tax or impost, loss, damage,
detention, costs and expenses of whatever nature sustained or incurred
by or levied upon the carrier or ship in connection with the goods or
by reason of the goods being on board or of any proceeding against or
involving the goods by way of attachment, seizure, interpleader or in
any way whatever.
20. FREIGHT
EARNED/LIEN FOR FREIGHT: Freight shall be payable at carrier's
option on gross intake or discharged weight or measurement or on the
basis of value or of package. Freight may be calculated in the first
instance on the particulars of the goods furnished by the shipper, but
the carrier may, at any time, examine, weight, measure and value the
goods. If shipper's particulars are found to be erroneous and
additional freight is payable, the goods shall be liable for expenses
incurred in examining, weighing, measuring and valuing the goods. Full
freight to port of discharge named herein shall be considered
completely earned on receipt of the goods by the carrier, whether the
freight be stated or intended to be prepaid or to be collected at
destination; and the carrier shall be entitled absolutely to all
freight and all charges due hereunder, whether actually paid or not,
and to receive and retain them under all circumstances whatever, ship
and/or cargo lost or not lost, or the voyage changed, broken up,
frustrated or abandoned, or the goods be short, slack or damaged. If
there shall be a forced interruption or abandonment of the voyage at
the port of shipment or elsewhere, any forwarding of any part of the
goods even if by another ship of the carrier, shall be at the risk and
expense of the goods. All charges involving payment of money shall be
due and payable day by day immediately when they are incurred, and
shall be paid in full without any offset, counterclaim or deduction,
but without prejudice to any claim against the carrier for breach of
contract hereunder. All payments shall be made at carrier's option in
currency of the port of shipment or of the port of discharge at the
current demand rate of New York exchange as quoted on the day the ship
arrives off Quarantine Station at the port of discharge. The carrier
shall have a lien on the cargo, which shall survive delivery, for all
charges due hereunder and may enforce this lien by public or private
sale and without notice. The proceeds of sale shall be applied so far
as they may go towards settlements of the carrier's charges and the
carrier shall not be under any liability for consequences thereof,
except to account for the balance, if any, of such proceeds.
21. OPTION FOR
PORT OF DISCHARGE: If the goods are shipped with an option for
one of several ports of destination, the shipper must give the agents
at the first port of discharge notice of the exercise of the option,
together with the original bill of lading, 48 hours before arrival at
the first port of call. If this is not done, the master may discharge
the goods at any one of the ports covered by the option.
22. FIRE: Neither the carrier nor
any corporation owned by, subsidiary to, or associated or affiliated
with the carrier, shall be liable to answer for or make good any loss
or damage to the goods occurring at any time and even though before
loading or after discharge from the ship by reason or by means of any
fire whatever, wherever and however occurring, unless such fire shall
have been caused by the actual fault or privity of the carrier or of
such corporation, respectively.
23. TRANSSHIPMENT OF
GOODS: Whenever the goods are consigned to a point where the ship
does not expect to discharge, or whenever the carrier may consider it
advisable, the carrier, without notice, may forward the whole or any
part of the goods before or after loading at the original port of
shipment or at any other places whatever, even though outside the scope
of the voyage or the route to or beyond the port of discharge or the
destination of the goods, by any ship or by other means of
transportation by water or by land or by air, or by all such means,
whether operated by the carrier or by others and whether departing or
arriving before or after the ship originally expected to be used. This
carrier, in making arrangements for transshipping or forwarding by any
means of transportation not operated by this carrier, shall be
considered solely the forwarding agent of the shipper and without any
other responsibility whatever. All transshipment or forwarding shall be
subject to all the terms whatever in the regular form of bill of
lading, freight note, contract or other shipping document used at the
time by the carrier carrying on the transit, whether issued for the
goods or not and even though such terms may be less favorable to the
shipper or consignee than the terms of this bill of lading or in any
respect whatever, and may exempt the carrier from liability for
negligence. The shipper shall be liable to this earner for any increase
in freight charges of the transshipping or forwarding ship made after
the issuance of this bill of lading. Pending or during transshipment or
forwarding the goods may be stored ashore or afloat at their risk and
expense and the carrier shall not be liable for detention, the carrier
shall not be liable in any capacity or in any circumstances whatever
for any claim whatever with respect to the goods arising after
discharge of the goods from the ship at the port of transshipment.
24. NOTICE OF LOSS: Notice
of toss or damage or any other claim of whatsoever description and its
general nature must be given in writing to the carrier or its agent at
the port of discharge before or at the time of the removal of the goods
into the custody of the person entitled to delivery; if the loss or
damage is not apparent, then the notice must be given within three days
of the delivery. In any event the carrier and the vessel shall be
discharged from liability in any capacity unless suit is brought within
one year after delivery or the date when the goods should have been
delivered.
25. SEVERABILITY: It is
intended that all the terms of this contract shall be valid,
enforceable and available to the carrier so far as and whenever the law
will permit even where there has been negligence for which the carrier
is chargeable, and that in all instances where it may be possible to
contract against the consequences of negligence, the carrier, although
negligent, shall not be under any liability whatever. If any part or
any term of this contract is not enforceable, that circumstances shall
not affect the validity of any other part of any term hereof.
26. CARRIER'S SERVANTS,
CONTRACTORS, ETC. (HIMALAYA): Because the carrier requires
persons in companies to assist it in the performance of all work and
services undertaken by it in connection with the cargo described herein
as well as the cargo of others transported or to be transported by the
carrier, it is expressly agreed between the parties hereto that the
ocean vessel, or substitute, the owners, operators, charterers, master,
officers and crew members of such ocean vessels and all stevedores,
longshoremen, agents, representatives, employees or contractors and
others used, engaged by the carrier in the performance of the work and
services of the carrier, shall each be a beneficiary of this contract
and shall be entitled to all exemptions and immunities from and
limitations of liability which the carrier has under this bill of
lading, whether written, printed or stamped hereon or incorporated by
reference herein, and under the United States Carriage of Goods by Sea
Act, 1936, and in entering into provisions of this clause, the carrier,
to the extent of such provisions, does so not only on its own behalf
but also as agent and trustee of the ocean vessels, each person and
company described above, all of whom shall be deemed to be a party to
the contract evidenced by this bill of lading.
27. OTHER
AGREEMENTS SUPERSEDED: All agreements or freight engagements for
shipment of goods, except liquid goods in bulk, are superseded by this
bill of lading and all its terms, whether written, typed, stamped or
printed are agreed by the shipper to be binding so fully as if signed
by the shipper, any local customs or privileges to the contrary
notwithstanding. The terms of the contract for transportation of liquid
goods in bulk shall be superseded only in so far as they may be
inconsistent with the terms of this bill of lading. One signed bill of
lading, duly endorsed, will be surrendered if required to the agent of
the vessel at part of discharge in exchange for delivery order.
28. FORUM SELECTION
CLAUSE: Any and all disputes relating to claims of damage and/or
breach of contract pursuant to this bill of lading shall be instituted
exclusively in the United States District Court for the Eastern
District of Louisiana.
29. HEADINGS: The headings of various
clauses of this bill of lading are used for convenience of reference
only
and are not to be construed as limiting or in any manner affecting the
substance or meaning of the respective clauses.
Waterman
Steamship
Corporation