RELEASE AND ACCEPTANCE OF THE BILL OF LADING
The Bill of Lading shall be sent or released to the Merchant at its sol risk, expense and responsibility and shall be deemed remitted to the Merchant upon sending physically or electronically. In accepting this Bill of Lading, the Merchant agrees to Be bound by all provisions, exceptions, terms and conditions on the face and back hereof, whether written, typed, stamped or printed, as fully as if signed by the Merchant, notwithstanding any contrary custom or privilege, and unless otherwise specifically agreed in writing between the Carrier and the Merchant, Merchant agrees that all agreements or Freight engagements for and in connection with the Carriage of the Goods are superseded by the Bill of Lading, including any previous engagements between the Merchant and the Carrier, its agents, Sub-Contractors, employees, captains or Vessels and acknowledges that the said provisions, exceptions, terms and conditions supersede its own general terms and conditions and/or all similar documents. Merchant consents to the Carrier sharing information and data contained in the Bill of Lading and/or related to the performance of the Carriage of the Goods with third parties.
1. Definitions
"Bill" means (a) Bill of Lading if this document is issued as a Bill of Lading, or (b) Sea Waybill if this document is issued as a Sea Waybill. Notwithstanding anything else contained in or incorporated into this Bill, if it is issued as a Sea Waybill, it will not be a document of title to the Goods.
Carrier means: the Party on whose behalf this Bill of Lading is issued, namely NOVOGLOBE LOGISTICS CONSULTANCY QFZ LLC / Qatar.
Container includes any ISO standard container, trailer, transportable tank, flat rack and/or other item of transportation equipment in conformance with ISO standards.
Force Majeure shall include, but not be limited to, work stoppages, civil commotion, strikes, accidents, casualties, lockouts, fire, transportation disasters, acts of God, governmental restraints war or hostilities, embargoes or other similar conditions.
Goods means the cargo accepted from the Merchant and includes any Container whether supplied by or on behalf of the Carrier or by the Merchant.
Hague Rules as used herein refers to the provisions of the International Convention for the Unification of Certain Rules Relating to Bills of Lading signed at Brussels on 25th August 1924.
Person includes an individual, group, company or other entity.
Holder mean any person for the time being in possession of this Bill (if issued as a Bill of Lading) to whom the property in the Goods has passed on or by reason of the consignment of the Goods or the endorsement of this Bill or otherwise.
Merchant includes the shipper, Holder, consignee, the receiver of the Goods, any person owning or entitled to the possession of the Goods or this Bill and anyone acting on behalf of any such persons.
Ship shall include the vessel named in this Bill , any substituted vessel or feeder vessels, and any vessel, craft, lighter or other means of conveyance whatsoever owned, chartered, operated or controlled and used by the Carrier in the performance of this Contract.
Combined Transport Bill as used herein refers to the contract evidenced by this Bill when it covers the carriage of the Goods from the place of receipt from the Merchant to the place of delivery to the Merchant by the Carrier plus one or more Sub-carriers.
Combined Transportation means carriage of the Goods under this Bill from place of receipt from the Merchant to place of delivery to the Merchant by the Carrier plus one or more Sub-carriers.
Port to Port arises if the Carriage is not Combined Transport.
Sub-carrier includes any water, rail, motor, air or other carrier utilized by the Carrier for any part of the transportation of the shipment covered by this Through Bill.
Sub-contractor includes owners and operators of vessels (other than the Carrier), stevedores, terminal operators, warehousemen, Sub-carriers, ocean and rail transport intermediaries and any independent contractor employed by the Carrier in its performance of the transportation of the Goods hereunder. Sub-contractor shall also include direct and indirect sub-contractors and their respective servants and agents.
2. CARRIER’S TARIFF
Where the Carrier has set up applicable tariff (hereinafter the “Applicable Tariff “) to the Carriage, 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. Copies of the relevant provisions of the Applicable Tariff are obtainable from the Carrier or its agents upon request. In the case of inconsistency between this Bill of Lading and the Applicable Tariff, this Bill of Lading shall prevail.
3. Merchant's Warranty
1. 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.
2. The Merchant warrants to the Carrier that the particulars relating to the Goods as set out overleaf have been checked by the Merchant on receipt of this Bill of Lading and that such particulars, and any other particulars furnished by or on behalf of the Merchant, are adequate and correct. The Merchant also warrants that the Goods are lawful Goods and contain no contraband, drugs or other illegal substances or stowaways, and that the Goods will not cause loss, damage or expense to the Carrier, vessel and person or to any other cargo.
3. The Merchant shall indemnify the Carrier against all loss, damage, fines and expenses arising or resulting from any breach of any of the warranties in clause 3.2 hereof or from any other cause in connection with the Goods for which the Carrier is not responsible.
4. The Merchant shall comply with all regulations or requirements of customs, port and other authorities, with the provisions of applicable anticorruption laws,, with the applicable economic sanctions regulations, including but not limited to the ones published by the Russia, United States and United Nations. The Merchant further represents and warrants that it is not listed or detained/controlled by an entity listed by the United States, European Union, United Nations as a “Blocked Person”, “Denied Person”, “Specially Designated National”. The Merchant shall bear and pay all duties, taxes, fines, imposts, expenses or losses (including, without prejudice to the generality of the foregoing, Freight for any additional carriage undertaken) incurred or suffered by reason of any failure to so comply, or by reason of any illegal, incorrect or insufficient marking, numbering or addressing of the Goods, or the discovery of any drugs, narcotics or other illegal substances within Containers packed by the Merchant or inside Goods supplied by the Merchant or any stowaways discovered inside the Container and shall indemnify the Carrier in respect thereof.
4. SUB-CONTRACTING AND INDEMNITY
1. The Carrier shall be entitled to sub-contract the Carriage on any terms whatsoever.
2. The Merchant undertakes that no claim or allegation shall be made against any Person whomsoever by whom the Carriage is performed or undertaken (including all Sub-Contractors of the Carrier), other than the Carrier, which imposes or attempts to impose upon any such Person, or any Vessel owned by any such Person, any liability whatsoever in connection with the Goods or the Carriage of the Goods, whether or not arising out of negligence on the part of such Person and, if any such claim or allegation should nevertheless be made, to indemnify the Carrier against all consequences thereof. Without prejudice to the foregoing every such Person shall have the benefit of every right, defence, limitation and liberty of whatsoever nature herein contained or otherwise available to the Carrier as if such provisions were expressly for its benefit; and in entering into this contract, the Carrier, to the extent of these provisions, does so not only on its own behalf but trustee for such Persons.
3. The provisions of subclause 4 (2), including but not limited to the undertakings of the Merchant contained therein, shall extend to claims or allegations of whatsoever nature against other Persons chartering space on the carrying Vessel.
4. Nothing herein contained shall be construed to limit or to relieve any beneficiaries of this Clause from liability to the Carrier for damage, loss and liability arising or resulting from their fault or neglect.
5. The Merchant further undertakes that no claim or allegation in respect of the Goods shall be made against the Carrier by any Person other than in accordance with the Terms and Conditions of this Bill of Lading which imposes or attempts to impose upon the Carrier any liability whatsoever in connection with the Goods or the Carriage of the Goods, whether or not arising out of negligence on the part of the Carrier and, if any such claim or allegation should nevertheless be made, to indemnify the Carrier against all consequences thereof.
5. Clause Paramount and Responsibility of Carrier
1.
Port-to-Port Shipment
When loss or damage has occurred between the time of loading of the Goods by
the Carrier, or any Sub-carrier, at the Port of Loading and the time of
discharge by the Carrier, or any Sub-carrier, at the Port of Discharge, the
responsibility of the Carrier shall be determined in accordance with the Hague
Rules or any national law incorporating or making the Hague Rules, or any
amendments thereto, compulsorily applicable to this Bill of Lading. The Carrier
shall be under no liability whatsoever for loss of or damage in connection with
the Goods, howsoever occurring, if such loss or damage arises prior to loading
onto or subsequent to the discharge from the Vessel carrying the Goods. Where
any applicable compulsory law provides to the contrary of the foregoing, the
Carrier shall nonetheless have the benefit of every right, defence, limitation,
if lower, and liberty in the Hague Rules during such additional compulsory
period of responsibility, notwithstanding that the loss or damage did not occur
at sea.
2. Combined Transport
(a) With the exceptions of subclauses 5(2) (b), the liability for rail or road
Carriage within a State shall be determined in accordance with the internal law
of such State and/or any International Convention which is compulsorily
applicable by the laws of such State. In the absence of such compulsory laws or
convention the Carrier shall be under no liability whatsoever for loss of or
damage in connection with the Goods, howsoever occurring.
(b) the Hague Rules as per Clause 5(1) shall apply to Combined Transport.
(c) In any event, the Carrier shall always be relieved of liability for loss or
damage occurring during the Carriage if such loss or damage was caused by any
cause or event which the Carrier could not have avoided and the consequences of
which he could not have reasonably prevented and Carrier’s liability shall
never exceed One US Dollar per kilogram of the Goods lost or damaged.
3. Agency
Whenever the Carrier undertakes to accomplish any act, operation or service not initially agreed or mentioned on this Bill of Lading, he shall act as Merchant’s agent and shall be under no liability whatsoever for any loss or damage to the Goods or any direct, indirect or consequential loss arising out or resulting from such act, operation, or service. If, for any reason whatsoever, the Carrier is denied the right to act as agent as mentioned above, its liability for loss, damage or delays shall be determined in accordance with this Bill of Lading.
4. Subrogation
When any claims are paid by the Carrier to the Merchant, the Carrier shall be automatically subrogated to all rights of the Merchant against any other third party, including Sub-carriers and Sub-Contractors, on account of such payment.
6. General Limitations
1. The Carrier does not undertake that the Goods shall arrive at the port of discharge or place of delivery at any particular time or to meet any particular market or use and save as provided in Clause 5 the Carrier shall in no circumstances be liable for any indirect or consequential loss or damage caused by delay.
2. Save as otherwise provided herein, the Carrier shall in no circumstances be liable for direct or indirect or consequential loss or damage arising from any other cause.
3. The Carrier shall be entitled to the full benefit of all rights and immunities and all limitations of, or exemptions from, liability provided in the London Convention of 1976. The Carrier shall also be entitled to the full benefit of all rights and immunities and all limitations of, or exemptions from liability contained in any national law of any nation whose laws shall be applicable.
4. Without waiver or limitation of any exemption from or limitation of liability afforded by law or by this Bill Carrier shall not be liable for any loss or damage wheresoever and whensoever occurring by reason of any fire whatsoever, including that occurring before loading on or after discharge from the Ship or while the Goods are in the custody of an Sub-carrier, unless such fire shall have been caused by the design or neglect or by the actual fault or privity of Carrier. In any situation where such exemption from liability may not be permitted by law neither Carrier shall be liable for any such loss or damage by fire unless caused by negligence, including that imputed by law, for which Carrier or such corporation is liable, respectively.
7. Amount of Compensation and Limitation of Liability
1. All claims for which the Carrier may be liable shall be adjusted and settled in accordance with terms and conditions of the Bill of lading. Notwithstanding the foregoing it is agreed that in no event shall this clause operate to increase the extent of the Carrier's liability. In no event shall the Carrier be liable for any loss of profit or any consequential loss.
2. Carrier's liability in no event shall exceed the greater of 2 SDRs per kilo of gross weight of the Goods lost or damaged or 667 SDRs per package. The Merchant agrees and acknowledges that the Carrier has no knowledge of the value of the Goods, and that higher compensation than that provided herein may not be claimed unless the nature and value of such Goods have been declared by the Merchant before shipment and agreed to by the Carrier and inserted in this Bill and any applicable Ad Valorem freight rate, as set out in Carrier's tariff; is paid.
3. If the actual value of the Goods per package or per customary freight unit exceeds such declared value, the value shall nevertheless be deemed to be the declared value. Any partial loss or damage shall be adjusted pro rata on the basis of such declared value. In any case, 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, subject to clause 5.2. (b).
8. NOTICE OF CLAIM AND TIME FOR SUIT
Unless notice of loss or damage to the Goods specifying or describing the exact nature of such loss or damage is given in writing to the Carrier at the Port of Discharge or Place of Delivery before or at the time of delivery of the Goods or, if the loss or damage is not apparent, within three (3) consecutive days after delivery, the Goods shall be deemed to have been delivered as described in this Bill of Lading. In any event the Carrier and its Sub-Contractors shall be discharged from all liability in respect of nondelivery, mis-delivery, delay, loss or damage unless suit is brought within one (1) year after delivery of the Goods or the date when the Goods should have been delivered.
9. Shipper-Packed Containers
If a Container has not been filled, packed, stuffed or loaded by the Carrier, the Carrier shall not be liable for loss or damage to the contents and the Merchant shall indemnify the Carrier against any loss, damage, liability or expense incurred by the Carrier, if such loss, damage, liability or expense has been caused by:- (a) the manner in which the Container has been filled, packed, stuffed or loaded; or (b) the unsuitability of the contents for carriage in Containers; or (c) the unsuitability or defective condition of the Container arising without any want of due diligence on the part of the Carrier to make the Container reasonably fit for the purpose for which it is required; or (d) the unsuitability or defective condition of the Container which would have been apparent upon reasonable inspection by the Merchant at or prior to the time when the Container was filled, packed, stuffed or loaded, or (e) the discovery of any drugs, narcotics or other illegal substances within Containers packed by the Merchant or inside Goods supplied by the Merchant, and shall indemnify the Carrier in respect thereof. Any reference in this Bill to Shipped on Board or Clean on Board relates solely to the Containers and not to the contents thereof.
10. Inspection of Goods
1. 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 any opening, unpacking, inspection or re-packing. The Carrier shall be entitled to recover the cost of such opening, unpacking, inspection and re-packing from the Merchant.
2. By tendering the Goods for Carriage, the Merchant authorizes the Carrier to open the Container at its sole discretion and to proceed with the inspection and weighing of the Goods. Should the Goods be misdeclared, the Carrier reserves its right to stop the transport at any time according to Clause 19 of the Bill of Lading without prejudice to the Carrier’s other rights including those under Clauses 11 and 12 of the Bill of Lading.
3. In no circumstance whatsoever, the Carrier shall be liable for any loss, damage or delay howsoever arising from any action taken under this Clause.
11. Description of Goods
The Carrier does not have facilities to weigh sealed Containers at the loading port and has neither inspected the contents of nor weighed the Containers. Any statements on this Bill relating to marks and numbers, number and kind of packages, description, quantity, quality, weight, measure, nature, kind, value or other particulars of the contents of such Container(s) are as furnished by the Merchant and are unknown to the Carrier and the Carrier accepts no liability in respect thereof. The acknowledgement of the Carrier is confined to the number and apparent order and condition of the Container(s).
12. Merchant's Responsibility
1. The Merchant warrants to the Carrier that the particulars relating to the Goods as set out overleaf have been checked by the Merchant on receipt of this Bill and that such particulars and any other particulars furnished by or on behalf of the Merchant are correct.
2. The Merchant shall indemnify the Carrier against all loss, damage and expenses arising or resulting from inaccuracies in, or inadequacy of, such particulars. The right of the Carrier to such indemnity shall in no way limit his responsibility and liability under this Bill to any person other than the Merchant.
3. Containers and other equipment supplied by or on behalf of the Carrier shall be returned to the Carrier in the same order and condition as handed over to the Merchant, with interiors empty, clean, dry, odour free, and without any goods, wastes, markings or other dirts and residues, to the point or place designated by the Carrier, its servants or agents, and within the time prescribed in the Carrier's Tariff or elsewhere. The Merchant shall be jointly and severally liable for whatsoever costs, loss, damage, delay, fines, duties, taxes, imposts howsoever suffered, whether directly or indirectly, by the Carrier, its Sub-Contractors, servants and agents as a result of any non-observance of this subparagraph.
13. Freight and Charges
1.
Freight shall be deemed fully earned upon booking of the Goods for the Carriage
and shall be paid and non-returnable in any event. Should the Merchant cancel
the booking of the Goods for the Carriage, at any time and for any reason
whatsoever, he shall be liable for the payment to the Carrier its agents,
successors, or assignees, of a cancellation fee equal to the value of the
Freight, including all charges, costs and expenses deriving from the
cancellation of the booking.
2. The Merchant’s attention is drawn to the stipulations concerning the
currency in which the Freight is to be paid, rate of exchange, devaluation and
other contingencies relative to Freight in the Applicable Tariff.
3. Freight has been calculated on the basis of particulars furnished by or on
behalf of the Shipper. If the particulars furnished by or on behalf of the
Shipper are incorrect, it is agreed that additional Freight shall be payable to
the Carrier.
4. The Merchant shall be responsible for the full payment to the Carrier, its
agent, representatives, successors or assignees, of the entire Freight due
pursuant to this Bill of Lading on the agreed date and for its full amount,
without possible deduction or set off of any sort. Merchant irrevocably agrees
to waive any right of set-off between the freight and any amount due under a
contractual or tortious claim, which he has or may have against the Carrier
and/or its Sub-Contractors, agents, officers, employees or assignees, whether
or not the claim is related to the Carriage under this Bill of Lading and
without prejudice to its right to file such claim subsequently.
5. Any Person engaged by the Merchant to perform forwarding services in respect
of the Goods shall be considered to be the exclusive agent of the Merchant for
all purposes and any payment of Freight to such Person shall not be considered
payment to the Carrier in any event. Failure of such Person to pay any part of
the Freight to the Carrier shall be considered a default by the Merchant in the
payment of Freight.
6. If the Merchant fails to pay the Freight upon the due date, then, without
prejudice to any other right or remedy available to the Carrier, Carrier may at
its option either (i) postpone the fulfilment of its own obligations until full
payment of the Freight; (ii) charge the Merchant interest on the amount unpaid,
by applying key rate of the Russian Central Bank in force, until payment is
made in full plus a lump sum fee of one hundred (100) US Dollars for collection
costs per issued invoice; (iii) terminate the contract upon expiry of a seven
(7) calendar days written notice of the Carrier to the Merchant which has
remained without effect. In the event of a payment delay by the Merchant, the
Carrier may also for any new delivery, require payment prior to shipment or
suspend or cancel the contract or any pending booking order regardless of the
conditions that may have been agreed, without incurring any liabilities
whatsoever. Whatever the option, the Merchant shall bear all attorneys’ fees,
bailiffs’ fees and judicial costs incurred by the Carrier for the recovery of
the unpaid Freight.
7. Any credit granted by the Carrier to the Merchant shall be subject to the
Carrier’s written Approval .
8. The Carrier may assign its rights with respect to Freight and other
receivables without prior consent of the Merchant.
14. Lien
The Carrier its servants or agents shall have a lien on the Goods and any documents related thereto and a right to sell the Goods whether privately or by public auction for all Freight (including additional Freight payable under Clause 12), primage, deadfreight, pre-Carriage and/or inland Carriage whatsoever, demurrage, Container demurrage and storage charges, detention charges, salvage, general average contributions and all other charges and expenses whatsoever which are for the account of the Goods or of the Merchant and for the costs and expenses of exercising such lien and of such sale and also for all previously unsatisfied debits whatsoever due to him by the Merchant. The Carrier, its servants or agents shall also have a lien on the Goods carried under this Bill of Lading and any document relating thereto for all sums including Freights an charges as above mentioned due and outstanding on any other Contracts for the Carriage of Goods concluded between the Carrier, its servants or agents and the Merchant, at any time where such sums or Freights remains due and unpaid. If the goods are unclaimed during a reasonable time, or whenever in the Carrier’s opinion, the Goods are likely to become deteriorated, decayed or worthless, the Carrier may, at its discretion without responsibility whatsoever, auction, sell, abandon or otherwise dispose of such Goods solely at the risk and expense of the Merchant. Nothing in this Clause shall prevent the Carrier from recovering from the Merchant the difference between the amount due to him by the Merchant and the amount realized by the exercise of the rights given to the Carrier under this Clause.
15. Optional Stowage & deck cargo
1. The Goods may be stowed by the Carrier in Containers or similar articles of transport used to consolidate Goods.
2. Goods stowed in Containers whether by the Carrier or the Merchant, may be carried on or under deck without notice to the Merchant. Goods stowed in any covered-in space or loaded in Containers, vans or trailers carried on deck shall be deemed to be stowed under deck for all purposes, including General Average, the Hague Rules or other compulsorily applicable legislation.
Goods which are stated herein to be carried on deck , whether or not carried on deck, are carried without responsibility on the part of the Carrier for loss or damage of whatsoever nature arising during carriage by sea whether caused by unseaworthiness or negligence or any other cause whatsoever.
16. Special Container
1. The Carrier shall not undertake to carry the Goods in refrigerated, heated, insulated, ventilated or any other special Container(s) nor to carry special Container(s) packed by or on behalf of the Merchant, as such; but the Carrier will treat such Goods or Container(s) only as ordinary goods or dry Container(s) respectively, unless special arrangements for the carriage of such Goods or Container(s) have been agreed to in writing between the Carrier and the Merchant and unless such special arrangements are noted on the face of this Bill and all special freight, as required, has been paid. The Carrier shall not accept responsibility for the function of special Container(s) supplied by or on behalf of the Merchant.
2. As regards the Goods which have been agreed to be carried in special Container(s), the Carrier or its Sub-contractors shall not be responsible for control and care of the refrigeration units of such Container(s) when the Containers are not in the actual possession of the Carrier. The Carrier does not warrant the refrigerating machinery and the Carrier shall not be liable for any loss of or damage to the Goods caused by latent defect in the refrigeration equipment.
3. If the Goods have been packed into refrigerated Container(s) by the Carrier and the particular temperature range requested by the Merchant is inserted in this Bill, the Carrier will set the thermostatic controls within the requested temperature range, and will exercise due diligence to maintain such temperature plus or minus three (3) degrees C.
4. If the cargo received by the Carrier is refrigerated Container(s) into which the contents have been packed by or on behalf of the Merchant, it is the obligation of the Merchant to stow the contents properly and set the thermostatic controls exactly. The Carrier shall not be liable for a loss of or damage to the Goods arising out of or resulting from the Merchant's failure in such obligation.
5. The term “apparent good order and condition” when used in this Bill of Lading with reference to Goods which require refrigeration does not mean that the Goods, when received were verified by the Carrier as being at the designated carrying temperature.
6. The Merchant is free to use its own temperature recording device. In no circumstance shall the Carrier be under any obligation to release the extracted data log records of the Container itself to the Merchant or any other Person
17. Rust Condensation, etc
It is agreed that superficial rust, oxidation or condensation inside the Container or any like condition due to moisture is not the responsibility of the Carrier. If the Merchant requires special arrangements or care for the carriage of such Goods, he must request same in writing to the Carrier and said arrangements must be noted on the face of this Bill and all special freight, as required, must be paid by the Merchant.
18. Methods and Routes of Transportation
The Carrier may at any time and without notice to the Merchant:
1. use any means of transport or storage whatsoever
2. transfer the Goods from one conveyance to another including trans-shipping or carrying the same on another vessel than the vessel named overleaf
3. proceed by any route in his discretion (whether or not the nearest or most direct or customary or advertised route) and proceed to or stay at any place or port whatsoever once or more often and in any order
4. load and unload the Goods at any place or port (whether or not any such port is named overleaf as the port of loading or port of discharge) and store the Goods at any such place or port
5. comply with any orders or recommendations given by any 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.
6. The liberties set out in sub-clause (1) may be invoked by the Carrier for any purpose whatsoever including undergoing repairs, towing or being towed, adjusting instruments, drydocking, Force Majeure and assisting vessels in all situations, and anything done in accordance with sub-clause (1) or any delay arising therefrom shall be deemed to be within the contractual carriage and shall not be a deviation.
19. Matters Affecting Performance
If at any time the performance of the contract evidenced by this Bill is or is likely to be affected by any Force Majeure hindrance, risk, delay, difficulty or disadvantage of whatsoever kind which can not be avoided by the exercise of reasonable endeavors, the Carrier (whether or not the transport is commenced) may without notice to the Merchant 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 Carrier shall nevertheless be entitled to full freight and charges on Goods received for transportation, and the Merchant shall pay any additional costs of carriage to and delivery and storage at such place or port.
20. War & Sanction risks Expenses
The Carrier may at any time and without prior notice to the Merchant impose surcharges to cover all extra expenses (including but not limited to extra insurance premiums and costs of diversion) incurred by the Carrier as a result of the outbreak of war, any hostilities, any war-like operations, civil war, civil commotion, blockade, piracy or revolution regardless of whether the Ship sailed or not sailed or is underway at the time the expenses are incurred.
21. Dangerous Goods
1. The Merchant undertakes not to tender for transportation of any Goods which are of a dangerous, inflammable, radioactive, or damaging nature without previously giving written notice of their nature to the Carrier and marking the Goods and the Container or other covering on the outside as required by any laws or regulations which may be applicable.
2. If the requirements of sub-clause (1) are not complied with, the Merchant shall indemnify the Carrier against all loss, damage or expense directly or indirectly arising out of such Goods being tendered for transportation or handled or carried by the Carrier.
3. Goods which are or at any time become dangerous, inflammable, radioactive or damaging may, at any time or place, be unloaded, destroyed, or rendered harmless without compensation, and if the Merchant has not given notice of their nature to the Carrier under (1) above, the Carrier shall be under no liability to make any General Average contribution in respect of such Goods.
4. As a result of Merchant's failure to comply with such regulations or requirements of Customs, port and other authorities, Merchant shall bear and pay all amounts incurred by the Carrier in complying with same as well as all duties, taxes, fines, imposts, expenses or losses incurred or suffered or by reason of any illegal, incorrect or insufficient marking, numbering or addressing of the Goods, or any seal irregularities, non-conformities or deficiencies as per any local laws or regulations and indemnify the Carrier in respect thereof.
22. Notification and Delivery
1. Any mention herein of parties to be notified of the arrival of the Goods is solely for the benefit of the Carrier. Failure to give such notification shall not result in any liability for the Carrier nor relieve the Merchant of any obligation hereunder notwithstanding any custom, practice, or arrangement to the contrary.
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 may without notice unpack the Goods if packed in containers and/or store the Goods ashore, afloat, in the open or under cover at the sole risk of the Merchant. Such storage shall constitute due delivery hereunder, and thereupon all liability whatsoever of the Carrier in respect of the Goods or that part thereof shall cease and the costs of such storage shall forthwith upon demand be paid by the Merchant to the Carrier.
3. If delivery of the Goods is not taken within a reasonable time or whenever in the opinion of the Carrier the Goods are likely to deteriorate, decay, become worthless or incur charges whether for storage or otherwise in excess of their value, the Carrier may at its discretion and without prejudice to any other rights which it may have against the Merchant, without notice, and without any responsibility attaching to it, sell, abandon or otherwise dispose of the Goods at the sole risk and expenses of the Merchant and apply any proceeds of sale in reduction of the sums due to the Carrier and third parties from the Merchant in respect of this Bill. Refusal by the Merchant to take delivery of the Goods in accordance with the terms of this clause and/or to mitigate any loss or damage thereto shall constitute a waiver by the Merchant of any claim whatsoever relating to the Goods or the Carriage thereof.
4. Where the Carrier delivers the Goods to person(s) charged by the law, custom, or usage of the port with the duty to receive the Goods and distribute them to the Merchant, the same shall constitute due delivery under this Bill and thereupon the liability of the Carrier in respect of the Goods shall entirely cease
5. The Merchant's attention is drawn to the stipulations concerning free storage time, demurrage and/or detention contained in the Carrier's applicable Tariff, which is incorporated in the Bill.
23. Both-to-Blame Collision
If the Vessel 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 the servants of the Carrier in the navigation or in the management of the Vessel, the Merchant hereunder will indemnify the Carrier against all loss or liability to the other or non-carrying ship or her Owners in so far as such loss or liability represents loss of, or damage to, or any claim whatsoever of the Merchant, paid or payable by the other or non-carrying ship or her Owners to the Merchant and set-off, recouped or recovered by the other or non-carrying ship or her Owners as part of their claim against the carrying Vessel 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.
24. General Average
1. In the event of accident, danger, damage or disaster before or after the commencement of the voyage, resulting from any cause whatsoever, due to negligence or not, for which, or for the consequences of which, the Carrier is not responsible, by statute, contract or otherwise, the Merchant 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. All expenses in connection with a general average or salvage act to avoid damage to the environment shall always be considered as general average expenses.
2. Any general average on a Vessel operated by the Carrier shall be adjusted according to York Antwerp Rules 1994, at any port or place at the option of the Carrier and in any currency at the option of the Carrier. Any general average on a Vessel not operated by the Carrier (whether a seagoing or inland waterways Vessel) shall be adjusted according to the requirements of the operator of that Vessel, in either case the Merchant shall give such cash deposit or other security as the Carrier or the operator may deem sufficient to cover the estimated general average contribution of the Goods before delivery if the Carrier or the operator requires, or, if the Carrier or the operator does not so require, within three months of the delivery of the Goods, whether or not the Merchant had notice of the Carrier’s or the operator’s lien at the time of delivery. The Carrier shall be under no obligation to exercise any lien for general average contribution due to the Merchant.
3. Conversion into the currency of the adjustment shall be calculated at the rate prevailing on the date of payment for disbursements and on the date of completion of discharge of the Vessel for allowances,
4. If a salving Vessel IS owned or operated by the Carrier, salvage shall be paid for as fully as if the salving Vessel or Vessels belonged to strangers.
5. In the event of the Master considering that salvage services are needed, the Merchant agrees that the Master may act as its agent to procure such services to Goods and that the Carrier may act as its agent to settle salvage remuneration.
6. If the Merchant contests payment of contribution to general average, salvage, salvage charges and/or special charges to Goods on any grounds whatsoever or fails to make payment of contribution within three months of the issue of the adjustment thereof, whether or not prior security has been provided, the Merchant shall pay interest for the period in excess of three months on the contribution due at two percent per annum above the base lending rate of the central bank of the country in whose currency the adjustment is issued, in addition to the contribution due.
25. Variation of the Contract, etc
1. No servant or agent of the Carrier shall have power to waive or vary any term of this Bill unless such waiver or variation is in writing and is specifically authorized or ratified in writing by the Carrier.
2. 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.
26. Law and Jurisdiction
1. Except as specifically provided elsewhere herein, English law shall apply to the Terms and Conditions of this Bill of Lading, and English law shall also be applied in interpreting the Terms and Conditions hereof, excluding its conflict of law provisions.
2. All claims and actions arising between the Carrier and the Merchant in relation with the contract of Carriage evidenced by this Bill of Lading shall be brought before the Qatar International Court and Dispute Resolution Centre and no other Court shall have jurisdiction with regards to any such claim or action. Notwithstanding the above, the Carrier is also entitled to bring the claim or action before the Court of the place where the defendant has his registered office.