B/L TERMS OF CARRIAGE
Description of Goods:
The Bill of Lading shall be prima facie evidence of the receipt by the Carrier in apparent good order and condition, except as otherwise noted, of the total number of containers, packages or units specified above and proof to the contrary shall not be admissible when this Bill of Lading has been transferred to a third party acting in good faith.
Goods received in apparent good order and condition except as otherwise noted the total number of containers or the packages or units enumerated above for transportation from the place of receipt or the port of loading whichever applicable to the port of discharge or the place of delivery whichever applicable subject to the terms hereof one of the Bills of Lading must be surrendered duly endorsed in exchange for the goods or delivery order. On Presentation of this Document (duly endorsed) to the Carrier by or on behalf of the holder, the rights and liabilities arising in accordance with the terms hereof shall (without prejudice to any rule of common law or statue rendering them binding on the Merchant) become binding in all respects, between the carrier and the Holder as though the contract evidenced hereby had been made between them.
IN WITNESS WHEREOF the number of original bills of Lading stated in the B/L all of this tenor and date has been signed, one of which being accomplished the others to stand void.
TERMS OF CARRIAGE
”Carriage” means the operations and services undertaken by the Carrier in respect of the Goods.
"Carrier" means the party named on the reverse side of this Bill of Lading.
”Container” includes any container, trailer, transportable tank, flat or pallet or any similar article of transport used to consolidate goods and any equipment thereof or connected thereto.
”Freight” includes all charges payable to the Carrier in accordance with the applicable Tariff and this Bill of Lading.
”Goods” means the cargo accepted from the Shipper and includes any Container not supplied by or on behalf of the Carrier.
“Merchant” includes the Shipper, Holder, Consignee, Receiver of the Goods, anyone owning or entitled to the possession of the Goods or of this Bill of Lading.
"Servants or Agents" includes the Master, Officers and crew of the vessel, owners, managers, and operators of vessels (other than the Carrier), underlying Carriers, charterers utilizing space on the carrying vessel, sub-contractors, stevedores, terminal and groupage operators, road and rail transport operators and any independent contractors employed by the Carrier in the performance of the Carriage.
"USA" includes the United States of America and the territories where the United States Carriage of Goods by Sea Act (COGSA) is applicable.
2. CARRIER´S TARIFF
The terms and conditions of the Carrier’s applicable Tariff are incorporated herein. Particular attention is drawn to the terms and conditions therein relating to container and vehicle demurrage and detention. Copies of the applicable Tariff are obtainable from the Carrier or his agents upon request. In the case of inconsistency between this Bill of Lading and the applicable Tariff, this Bill of Lading shall prevail except that the applicable Tariff shall govern as to the freight.
The Merchant warrants that in agreeing to the terms hereof he is, or has the authority of the person owning or entitled to the possession of the Goods and this Bill of Lading.
(1) The Carrier shall be entitled to sub-contract on any terms the whole or any part of the carriage.
(2) It is hereby agreed that no Servants or Agents are, or shall be deemed to be liable with respect to the Goods as Carrier, bailee or otherwise. If, however, it shall be adjudged that any other than the Carrier is carrier or bailee of the Goods or under any responsibility with respect thereto, all exemptions and limitations of and exoneration from liability provided by law or by the terms hereof including the jurisdiction clause shall be available to such Servant or Agent. If any claim is made against any of the Servants or Agents, the Merchant shall indemnify the Carrier against all consequences thereof.
5. CARRIER´S RESPONSIBILITY
(1) Port to Port Shipment
(a) When loss or damage has occurred between the time of loading of the Goods by the Carrier at the Port of Loading and the time of discharge by the Carrier at the Port of Discharge, the responsibility of the Carrier shall be determined in accordance with German law making the Hague-Visby Rules compulsorily applicable to the Bill of Lading. However, in the event the Bill of Lading has been issued in Germany or a country in which the Hague Rules are compulsorily applicable and this Bill of Lading covers a shipment from or to Germany and such aforesaid country, or between such aforesaid countries, the responsibility of the Carrier shall be determined in accordance with German law, making the Hague Rules compulsorily applicable.
(b) The Carrier shall be under no liability whatsoever for loss or damage to the Goods occurring, if such loss or damage arises prior to loading on, or subsequent to the discharge from the vessel. However, in the event that the applicable compulsory law provides the contrary, the Carrier shall have the benefit of every right, defence, limitation and liberty in the Hague-Visby Rules or Hague Rules, whichever is applicable as determined under clause 5. 1. (a) or in the event that the Bill of Lading covers a shipment to or from the USA, COGSA shall be applicable before the Goods are loaded on, or after they are discharged from the vessel.
(c) Unless notice of loss or damage be given in writing to the Carrier or his 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 thereof under the contract of carriage, or, if the loss or damage is not apparent within three (3) days from this date, such removal shall be prima facie evidence of the delivery by the Carrier as described in this Bill of Lading and any such loss or damage which may have occurred to the Goods shall be deemed to be due to circumstances which are not the responsibility of the Carrier. The notice must clearly specify the damage. Notwithstanding the aforesaid, if a container has been delivered to the Merchant, the Merchant must prove that the damage to or loss of the Goods did not occur during the period after delivery, when the container was in the custody of the Merchant.
(d) Compensation shall be calculated by reference to the value of the Goods at the place and the time they are delivered to the Merchant, or at the place and the time they should have been delivered. For the purpose of determining the extent of the Carrier's liability for loss of or damage to the Goods, the sound value of the Goods is agreed to be the invoice value plus freight and insurance paid, unless already included in invoice value.
(2) Combined Transport
(a) If the place of damage to or loss of the Goods is known, the responsibility of the Carrier is determined by the law applicable to this leg of Carriage.
(b) In the event that part of the combined transport is a shipment to or from the USA and the damage to, or loss of the Goods occurs at the time between the loading at the Port of Loading and the discharging at the Port of Discharge the responsibility of the Carrier shall be determined in accordance with German law making the Hague Rules compulsorily applicable. COGSA however applies before the Goods are loaded on or after they are discharged from the vessel.
(c) With respect to road Carriage between countries in Europe liability shall be determined in accordance with the Convention on the Contract for the International Carriage of Goods by Road (CMR), dated May 19, 1956; and during rail Carriage between countries in Europe according to the International Agreement on Railway Transports (CIM), dated February 25, 1961; and any amendments to these Conventions or Agreements.
(d) Unless notice of loss or damage be given in writing to the Carrier or his 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 thereof under the contract of carriage, or, if the loss or damage is not apparent within seven (7) days from this date, such removal shall be prima facie evidence of the delivery by the Carrier as described in this Bill of Lading. The notice must clearly specify the damage. Notwithstanding the aforesaid, if a container has been delivered to the Merchant, the Merchant must prove that the damage to or loss of the Goods did not occur during the period after delivery, when the container was in the custody of the Merchant.
(e) Where the Carrier is liable to pay compensation for total or partial loss of the goods, such compensation shall be calculated by reference to the value of the goods at the place and time at which they were accepted for Carriage.
(f) IN THE EVENT THAT THE LAW WHICH IS APPLICABLE UNDER CLAUSE 5 (2) (a) IS NOT MANDATORY FOR THIS TRANSPORT AND PROVIDES FOR LIABILITY EXEEDING 2 SDR PER KILO OF GROSS WEIGHT OF THE GOODS LOST OR DAMAGED; THE MAXIMUM LIABILITY SHALL BE 2 SDR PER KILO OF GROSS WEIGHT OF THE GOODS LOST OR DAMAGED. SDR MEANS SPECIAL DRAWING RIGHT AS DEFINED BY THE INTERNATIONAL MONETARY FUND.
(g) IF THE STAGE OF THE CARRIAGE DURING WHICH LOSS OR DAMAGE OCCURRED IS NOT KNOWN, THE CARRIER'S MAXIMUM LIABILITY SHALL IN NO EVENT WHATSOEVER AND HOWSOEVER ARISING EXCEED 2 SDR PER KILO OF GROSS WEIGHT OF THE GOODS LOST OR DAMAGED.
(h) THE CARRIER SHALL NOT BE ENTITLED TO THE BENEFIT OF THE LIMITATION OF LIABILITY PROVIDED FOR IN CLAUSE 5(2) (f) AND (g) IF IT IS PROVEN THAT THE DAMAGE RESULTED FROM AN ACT OR OMISSION OF THE CARRIER OR HIS SERVANTS DONE WITH INTENT TO CAUSE DAMAGE; OR RECKLESSLY AND WITH KNOWLEDGE THAT DAMAGE WOULD PROBABLY RESULT. HOWEVER, IF THE LOSS OR DAMAGE HAS OCCURRED DURING THE CARRIAGE OF GOODS BY SEA TO WHICH MARITIME LAW APPLIES, THE CARRIER IS ENTITLED TO THE BENEFIT OF LIMITATION OF LIABILITY AS PROVIDED FOR IN CLAUSE 5 (f) EXCEPT WHERE A LAW APPLIES MAKING THE HAGUE-VISBY RULES COMPULSORILY APPLICABLE AND IT IS PROVEN THAT THE DAMAGE RESULTED FROM AN ACT OR OMMISSION OF THE CARRIER WITH INTENT TO CAUSE DAMAGE, OR RECKLESSLY AND WITH KNOWLEDGE THAT DAMAGE WOULD PROBABLY RESULT.
6. SHIPPER-PACKED CONTAINERS
If a container has not been packed or filled by, or on behalf of the Carrier\:
(a) The Carrier shall not be liable for loss of or damage to the Goods caused by
(1) the manner in which the Container has been packed or filled, or
(2) the incorrect setting of any thermostatic, ventilation or other special controls of the Container, or
(3) the unsuitability of the Goods for carriage in Container, or
(4) the unsuitability or defective condition of the Container, unless the Container has been provided by or on behalf of the Carrier and such unsuitability or defective condition arose or was not detected due to want of due diligence on the part of the Carrier. The Shipper shall inspect all Containers provided by the Carrier before stuffing them and the use of such Containers shall be prima facie evidence that the Container is in good order and condition and sound and suitable for use.
(b) The Merchant shall indemnify the Carrier against any loss, damage, liability or expense whatsoever and howsoever arising caused by one or more of the matters referred to in sub-paragraph (a) (1), (2) or (3) above, save that where the loss, damage, liability or expense was caused by a matter referred to in sub-paragraph (a) (3) the Merchant shall not be liable to indemnify the Carrier in respect thereof if the loss of damage were caused by a want of due diligence on the part of the Carrier or the defect could not have been detected by the Shipper upon reasonable inspection of the Container.
(c) The Merchant undertakes not to tender for transportation any Goods which require refrigeration without previously giving written notice of their nature and particular temperature range to be maintained and in the case of a refrigerated Container packed by or on behalf of the Merchant further undertakes (i) that the Container has been pre-cooled to the required temperature for the transportation of the Goods and (ii) that the goods have been properly stowed in the Container and (iii) that its thermostatic controls have been adequately set by him before receipt of the Goods by the Carrier. The Carrier is not liable for any loss of or damage to the Goods arising inter alia from non-compliance with the above mentioned requirements.
(d) Container with Goods packed by the Merchant shall be delivered to the Carrier with an intact seal in place, or a high security seal when the latter is required by law for the respective trade. The seal number must be noted in writing on this Bill of Lading by the Merchant. In the event the Container is not so sealed, the Carrier reserves the right, at the Merchants expense, to return the Container to the Merchant for resealing, or to affix a seal.
7. SUNDRY LIABILITY PROVISIONS
(1) Hague Rules/Hague-Visby Rules
In the event that suit is brought in a court other than provided for in clause 23 and such court contrary to clause 23 accepts jurisdiction, then the Hague-Visby Rules are applicable, if this Bill of Lading has been issued in a country where the Hague-Visby Rules are compulsorily applicable and the Carrier's liability shall not exceed 666,67 SDR per package or 2 SDR per kilo of gross weight of the Goods lost or damaged, whichever is the higher; if this Bill of Lading has been issued in a country in which the Hague Rules apply the Carrier's liability shall not exceed GBP 100 lawful money of the United Kingdom per package or unit.
Notwithstanding any of the foregoing to the contrary, in the event that suit is brought in a court in the USA and such court, contrary to clause 23, accepts jurisdiction, then COGSA shall be compulsorily applicable to this contract of carriage if this Bill of Lading covers a shipment to or from the USA. The provisions set forth in COGSA shall also govern before the Goods are loaded or after they are discharged from the vessel. The Carrier's maximum liability in respect to the Goods shall not exceed USD 500 per package, or where the Goods are not shipped in packages, USD 500 per customary freight unit, unless the nature and value of the Goods has been declared by the Merchant and inserted in writing on the face of the Bill of Lading and said Merchant shall have paid the applicable ad valorem freight rate set forth in the Carrier's Tariff.
(3) Shipper's declared value
The Merchant agrees and acknowledges that the Carrier has no knowledge of the value of the Goods and that compensation higher than provided herein, may not be claimed unless the nature and value of such Goods have been declared by the Merchant, agreed to by the Carrier and inserted into the Bill of Lading before shipment. In addition the applicable ad valorem freight rate must be paid. Any partial loss or damage shall be adjusted pro rata on the basis of such declared value. If the declared value is higher than the actual value, the Carrier shall in no event be liable to pay compensation higher than the net invoice value of the Goods plus freight and insurance. Any references to letters of credit, import licences, sales contracts, invoices or order number or details of any contract to which the Carrier is not a party when shown on the reverse side of this Bill of Lading, shall not be regarded as a declaration of value.
(4) Limitation of Liability
It is hereby agreed by the Merchant, that the Carrier qualifies as a person entitled to limit liability under any Convention or Act pertaining to limitation of liability on maritime claims, whichever is applicable, and, should a court deem it relevant, the term Charterer also includes slot-charterers. If any claims are made against the Servants or Agents, they are entitled to avail themselves of the same limitation available to the Carrier.
The Carrier does not undertake that the Goods arrive at the port of discharge or place of delivery at any particular time or to meet any particular market or use. The Carrier shall under no circumstances be liable for direct, indirect or consequential loss or damage caused by delay. If the Carrier notwithstanding the foregoing is being held responsible for delay, liability shall be limited to an amount three times the Freight payable for the delayed Goods.
(6) Scope of application and exclusions
(a) The rights, defences, limitations and liberties of whatsoever nature provided for in this Bill of Lading shall apply in any action against the Carrier for any loss or damage or delay, howsoever occurring and whether the action be founded in contract or tort.
(b) Save as otherwise provided herein, the Carrier shall under no circumstances whatsoever and howsoever arising be liable for direct or indirect or consequential loss or damage or loss of profits.
8. INSPECTION OF GOODS
The Carrier or any person to whom the Carrier has sub-contracted the Carriage or any person authorized by the Carrier shall be entitled, but under no obligation to open or scan any Container or package at any time and to inspect the Goods. If by order of the authorities at any place, a Container has to be opened for the Goods to be inspected, the Carrier will not be liable for any loss or damage incurred as a result of such opening, unpacking, inspecting or repacking. The Carrier shall be entitled to recover from the Merchant any costs which are incurred due to compliance with the respective orders from the authorities.
9. CARRIAGE AFFECTED BY CONDITION OF GOODS
If it appears at any time that, without want of due diligence on the part of the Carrier, the Goods or any part thereof cannot safely or properly be carried or carried further, either at all or without incurring any additional expense or taking any measures in relation to the Goods or any part thereof, the Carrier may abandon the Carriage thereof and/or take any measures and/or incur any reasonable additional expense to carry or to continue the Carriage or to store the same ashore or afloat under cover or in the open, at any place, which abandonment or storage shall be deemed to constitute due delivery under this Bill of Lading. The Merchant shall indemnify the Carrier against any reasonable additional expense so incurred.
(1) Freight shall be deemed fully earned and shall be paid on receipt of the Goods by the Carrier. Freight is non-returnable in any event.
(2) The Merchant’s attention is drawn to the stipulations concerning currency in which the Freight is to be paid, rate of exchange, devaluation and other contingencies relative to Freight in the applicable Tariff.
(3) The Freight has been calculated on the basis of particulars furnished by or on behalf of the Shipper. The Carrier may at any time open any Goods, any Container or other package or unit in order to reweigh, re-measure or revalue the contents, and if the particulars furnished by or on behalf of the Shipper are substantially incorrect, it is agreed that a sum equal to either five times the difference between the correct Freight and Freight charged, or to double the correct Freight less the Freight charged, whichever sum is the smaller, shall be payable as liquidated damages to the Carrier.
(4) Freight shall be paid in full and without any set-off, counter-claim or deduction.
11. MERCHANT'S RESPONSIBILITY
(1) All the persons coming within the definition of Merchant in clause 1. shall be jointly and severally liable to the Carrier for the fulfilment of all obligations and warranties undertaken by the Merchant either in this Bill of Lading, or required by law. The Merchant shall indemnify the Carrier against all loss, damage, delay, attorney fees, expenses and fines, arising or resulting from any breach of these obligations and warranties.
(2) The Merchant shall comply with all regulations or requirements of customs, ports, or other authorities and shall bear and pay all duties, taxes, fines, imposts, expenses or losses (including Freight for any additional Carriage) incurred or suffered by reason of any failure so to comply, or by reason of any illegal, incorrect, or insufficient declaration marking, number or addressing of the Goods or the discovery of stowaways or any drugs, narcotics, or other illegal substances within Containers packed by the Merchant or inside Goods supplied by the Merchant, or stamp duty imposed by any country, and shall indemnify the Carrier in respect thereof.
(3) If Containers supplied by or on behalf of the Carrier are unpacked at the Merchant's premises, the Merchant is responsible for returning the empty Containers, with interiors brushed and clean and free from odour and in the same condition as received, to the point or place designated by the Carrier, his Servants or Agents, within the time prescribed. Should a Container not be returned in the condition required or within the time prescribed in the Tariff, the Merchant shall pay for detention, and any additional loss or expenses which may arise therefrom.
12. ISPS CODE
(1) The Merchant must comply with the requirements of the ISPS Code. If the Carrier is held liable by any State Authority or any other third party the Merchant will indemnify and hold the Carrier harmless from any damages, including delay of the vessel, resulting form the violation of the ISPS Code on the part of the Merchant.
(2) The Merchant undertakes to pay the Carrier any costs or expenses whatsoever arising out of or related to security regulations or measures required by the Port Facility or any relevant authority in accordance with the ISPS Code in relation to the Merchant's Goods.
(3) The Carrier is entitled to deviate the vessel to a different port and to unload the Goods there if they do not or no longer comply with the requirements of the ISPS Code in the port of discharge. Such discharge shall be deemed to constitute due delivery under this Bill of Lading.
13. CARRIER´S LIEN
(1) Carrier shall have lien on goods and documents relating thereto for all sums due under this Bill of Lading or the underlying contract of Carriage, which includes General Average contribution and salvage, and costs of enforcement of the aforementioned claims. Such liens shall survive delivery. The lien may be enforced by Carrier by public or private sale.
(2) In the event that there are any mandatory rules or regulations contrary to the above, in force in the country where the Goods are situated at the time of the intended sale, these shall be applicable.
14. OPTIONAL STOWAGE
(1) The Goods may be packed into Containers by the Carrier.
(2) Goods packed in Containers, whether by the Carrier or the Merchant, may be carried on deck or under deck without notice to the Merchant or on the Bill of Lading. Such Goods (other than livestock) whether carried on deck or under deck shall participate in general average and shall be deemed to be within the definition of goods for the purposes of the Hague Rules, Hague Visby Rules or COGSA, whichever is applicable to the Carriage according to Clause 5. above.
15. METHODS AND ROUTE OF TRANSPORTATION
(1) The Carrier may at any time and without notice to the Merchant -
(a) use any means of transport or storage whatsoever,
(b) transfer the Goods from one conveyance to another including transhipping or carrying the same on another vessel than that named overleaf or by any other means of transport whatsoever,
(c) proceed by any route in his discretion, whether or not the nearest or most direct or customary or advertised route, and at any speed, and proceed to or stay at any place or port whatsoever once or more often and in any order,
(d) load or unload the Goods at any place or port whether or not any such ports are named overleaf as the Port of Lading or Port of Discharge and store the Goods temporarily at any such place or port,
(e) comply with any orders or recommendations given by government or authority or any person or body acting or purporting to act as or on behalf of such government or authority or having under the terms of the insurance on the conveyance employed by the Carrier the right to give orders or directions,
(f) permit any vessel to proceed with or without pilots, unless pilots are required by law.
(2) The liberties set out in sub-clause (1) may be invoked by the Carrier for any reasonable purpose whether or not connected with the Carriage of the Goods including undergoing repairs, towing or being towed, adjusting instruments, dry docking and assisting vessels in distress situations. Anything done accordingly and any delay arising therefrom shall be deemed to be within the contractual carriage and shall not be a deviation.
(3) Should the Merchant tender Goods without a written request to and written acceptance by the Carrier for Carriage in a specialized Container or for Carriage otherwise than in a Container or for Carriage in a refrigerated, insulated, specially cooled or ventilated compartment the Merchant accepts that Carriage may properly be undertaken in a general purpose Container or compartment of the vessel.
16. MATTERS AFFECTING PERFORMANCE
If at any time the Carriage is or is likely to be affected by any hindrance, risk to ship or cargo, or substantial delay, war, civil commotion, political unrest, act of terrorism and threat thereof , even though the circumstances existed at the time this contract was entered into or the Goods were accepted for Carriage, and which cannot be avoided by the exercise of reasonable endeavours, the Carrier, whether or not the Carriage is commenced, may treat the performance of this contract as terminated and place the Goods or any part of them at the Merchant’s disposal at any place or port which the carrier may deem safe and convenient, whereupon the responsibility of the Carrier in respect of such Goods shall cease. The Merchant shall pay any additional costs for Carriage to and delivery and storage at such place or port.
17. DANGEROUS GOODS
(1) No Goods which are or may become dangerous, inflammable or damaging ,including radio-active materials, or which are or may become liable to damage any property whatsoever, shall be tendered to the Carrier for Carriage without his express consent in writing and without the Container or other covering in which the Goods are to be transported and the Goods themselves being distinctly marked on the outside so as to indicate the nature and character of any such Goods and so as to comply with any applicable laws, regulations or requirements. If any such 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 unloaded, destroyed, disposed of, abandoned, or rendered harmless without compensation to the Merchant.
(2) The Merchant warrants 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 or regulations which may be applicable during Carriage.
(3) Whether or not the Merchant was aware of the nature of the Goods, the Merchant shall indemnify the Carrier against all claims, losses, damages, delay, attorney fees, expenses and fines arising in consequence of any breach of the provisions of this Clause.
(4) Nothing contained in this Clause shall deprive the Carrier of any of his rights otherwise provided for elsewhere.
18. NOTIFICATION AND DELIVERY
(1) Failure to give notification of the arrival of the goods shall not involve the Carrier in any liability nor relieve the Merchant of any liability hereunder.
(2) The Merchant shall take delivery of the Goods within the time provided for in the Carrier's applicable Tariff. If the Merchant fails to do so the Carrier shall be entitled, without notice, to unpack the Goods, if packed in Containers provided by the Carrier, and/or to store the Goods ashore or afloat at the sole risk of the Merchant. Such storage shall constitute due delivery hereunder, and thereupon all liability of the Carrier in respect of the Goods stored as aforesaid shall cease, and the Merchant shall be responsible for the cost of such storage, as well as detention and demurrage as prescribed in the Carrier's Tariffs.
(3) If the Merchant fails to take delivery of the Goods within thirty days of delivery becoming due, or if in the opinion of the Carrier they are likely to deteriorate, decay, become worthless or incur charges whether for storage or otherwise in excess of their value, the Carrier may, without prejudice to any other rights which he may have against the Merchant, and without notice sell, destroy or dispose of the Goods and apply any proceeds of sale in reduction of the sums due to the Carrier from the Merchant.
(4) Without prejudice to an earlier termination by virtue of law or any other clause of this Bill of Lading the responsibility of the Carrier shall cease and the Goods shall be considered to be delivered at their own risk and expense in every respect when taken into the custody of customs or other authorities.
19. MULTIPLE BILLS OF LADING FOR FCL SHIPMENTS
Goods will only be delivered in the Container to the Merchant if all Bills of Lading in respect of the contents of the Container have been surrendered to the Carrier authorizing delivery to a single Merchant at a single place of delivery. In the event that this requirement is not fulfilled the Carrier may unpack the Container and deliver the Goods without the Container to the Merchant. Such delivery shall constitute due delivery hereunder but will only be effected against payment by the Merchant of any charges appropriate to L.C.L. cargo, as laid down in the Tariff, together with the actual costs incurred for any additional service rendered. In cases where the Container has not been provided by the Carrier, the latter shall be free to decide at his convenience to whom of the Receivers of the goods to deliver the Container.
If the Carrier is required to deliver the Goods to more than one Merchant and all or part of the Goods in the Container consist of bulk, or is or becomes mixed, unidentifiable or unmarked, the holders of the Bill of Lading relating to Goods within such Container shall take delivery thereof including any damaged portions or shortage of Goods in such proportions as the Carrier in his sole discretion determines such delivery constitutes due delivery thereunder.
20. BOTH-TO BLAME COLLISION AND NEW JASON CLAUSE
The current published and approved BIMCO Both-to-Blame Collision Clause and the BIMCO New Jason Clause is incorporated herein.
21. GENERAL AVERAGE AND SALVAGE
General average to be adjusted in any currency at any place selected by the Carrier and according to the York/Antwerp Rules 1994. Any period for a time bar shall start to run from the date of the general average adjustment. Any claims and/or disputes relating to general average shall exclusively be subject to the Laws and Jurisdictions set out in clause 23.
The Merchant shall pay salvage and special charges incurred in respect of the Goods and provide security for such claims. The same applies if a salvaging vessel is owned operated, or chartered by the Carrier. The Merchant hereby permits the Carrier to act on behalf of the Merchant in any salvage proceeding in which the Merchant does not appear.
In the event that anything herein contained is inconsistent with any applicable International Convention or national law which cannot be departed from by private contract, the provisions hereof shall to the extent of such inconsistency but no further be null and void. Unless other terms are specifically agreed in writing between the Merchant and the Carrier, the Terms of this Bill of Lading supersede any prior agreements between Merchant and Carrier.
23. LAW AND JURISDICTION
Except as otherwise specifically provided herein, any claim or dispute arising under this Bill of Lading shall be governed by the laws of the Federal Republic of Germany and determined in the courts of Hamburg, to the exclusion of the jurisdiction of the courts of any other place. In case the Carrier intends to sue the Merchant the Carrier also has the option to file a suit at the Merchant's place of business. In the event this clause is inapplicable under local law then jurisdiction and choice of law shall lie in either the Port of Loading or the Port of Discharge at Carrier's option.