Extent of Responsibility

1)In no event shall the Carrier be liable for damage to and/or loss of goods prior to loading or after discharge, not even if such damage or loss is to the negligence of his servants and even though the goods are in the custody of the Carrier, his agents or servants as warehousemen or howsoever. In no event shall the Carrier's liability commence before the goods have been loaded over ship's rail and shall cease at the latest when the goods have passed ship's rail upon discharge. The Merchant shall be required to prove that the goods were damaged within this period of responsibility.

2)The Carrier shall however be relieved of liability of any loss or damage if such loss or damage arose or resulted from:

a) act, neglect or default of the master, mariner, pilot, or the servants of the Carrier in the navigation or the management of the ship;

b)the wrongful act or neglect of the Merchant;

c) compliance with the instructions of any person entitled to give them;

d)the lack of, or defective condition of packing in the case of goods which, by their nature, are liable to wastage or to be damaged when not packed or when not properly packed, unless the packing had been carried out by Carrier;

e)handling, loading, stowage or unloading of the goods by the Merchant or any person acting on behalf of the Merchant;

f) inherent vice of the goods;

g)insufficiency or inadequacy of marks or numbers of the goods, covering, or unit loads; except where they are required to be affixed by the Carrier;

h) strikes or lockouts or stoppage or restraint of labour from whatever cause whether partial or general;

I) any other cause or event which the Carrier could not avoid and the consequences whereof he could not prevent by the exercise of reasonable diligence.

3) Where under sub-clause 2 the Carrier is not under any liability in respect of some of the factors causing the loss or damage, he shall only be liable to the extent that those factors for which he is liable under this clause have contributed to the loss or damage.

4) The burden of proving that the loss or damage was due to one or more of the causes or events, specified in a, b, с and I of sub-clause 2 shall rest upon the Carrier.

11. Limitation of Responsibility.In no case shall the Carrier be liable in an amount exceeding $_____per package or unit, or the equivalent of that sum in other currency, unless declared with value on the Bill of Lading. When carrying loaded containers, pallets or other similar unit loads the Carrier is responsible for the number of packages enumerated in the Bill of Lading, i.e., either for the whole container (the pallet) or for its contents according to the number of packages loaded into it if such number is inserted in the Bill of Lading. In the absence of any particulars about the number of packages loaded into such container (or on the pallet) the Carrier's responsibility is limited only to the number of unit loads on the whole.

12. Notice of Loss.Unless notice of loss of or damage to the goods and the general nature of it be given in writing to the Carrier at the place of delivery before or at the time of the removal of the goods into the custody of the person entitled to delivery thereof under this Bill of Lading, or if the loss or damage be not apparent, within three consecutive days thereafter, such removal shall be prima facie evidence of the delivery by the Carrier of the goods as described in this Bill of Lading.

13. Time Bar.The Carrier shall be discharged of all liability under the rules of these conditions unless suit is brought within one year after delivery of the goods or in the case of total loss of the goods the period shall begin with the moment when the goods should have been delivered.

14. Defences for Servants, etc.The defences and limits of liability provided for in this B/L shall apply to any action against the Carrier for loss or damage to the goods whether the action be founded in contract or in tort, also in any action against a servant, agent, or independent contractor, unless it is proved that the loss or damage resulted from an act or omission of the Carrier or of this person done with intent to cause damage or recklessly and with knowledge that damage would probably result.

15. Inspection of Goods.The Carrier shall be at liberty at the place of loading or discharging as well as during the voyage to have the contents inspected in order to ascertain the weight, measurement or value for the purpose of verifying the freight basis and their correspondence to their description. If on such inspection it is found that the declaration is not correct it is agreed that a sum equal either to five times the difference between the correct figure and the 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 notwithstanding any other sum having been stated on the Bill of Lading as freight payable.

16.Sealed Goods.The Carrier shall not be responsible for the shortage of or damage to the goods arrived at the destination in good containers or other similar receptacles duly sealed by the Shipper and for goods delivered in other safe and good packages without any signs of opening (unsealing) them during the carriage in case of Merchant's failure to prove that such shortage of or damage to the goods occurred through the fault of the Carrier.

17.Lien.The Carrier shall have an absolute lien on goods for any amount due under this Contract and for contribution in respect of general average and for salvage to whomsoever due, including costs of recovering the same and shortage fees, any may enforce such lien in any reasonable manner which he may think fit. If on sale of the goods the proceeds fail to cover the amount due and the cost and expenses incurred the Carrier shall be entitled to recover the difference from the Merchant.

18.Description of the Goods.The Merchant shall be deemed to have guaranteed to the Carrier the accuracy, at the time the goods were taken in charge by the Carrier, of the description of the goods, marks, numbers, quantity and weight (including gross weight of the container or any other receptacle) and insurance as furnished by him, and the Merchant shall indemnify the Carrier against all loss, damage and expense arising or resulting from inaccuracies in or inadequacy of such particulars. The Merchant is liable for the said incorrectness according to clause 15. The right of the Carrier to such indemnity shall in no way limit his responsibility and liability under this Bill of Lading to any person other than the Merchant.

<== попередня сторінка	\|	наступна сторінка ==>
Freight payable at destination	\|	Freight and Charges.

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