|
|
| Owner |
Tariff ID |
Rule |
Sub-Rule |
Filed |
Effective |
Expires |
| 019075 |
001 |
008 |
000 |
02-15-2005 |
02-15-2005 |
|
| |
RULE 8 - BILL OF LADING
The specimen of bill of Lading is provided in this rule and
is subject to the terms and conditions of Carrier's tariff
filed with the Federal Maritime Commission. In case of any
inconsistencies, the tariff rule shall prevail.
COMBINED TRANSPORT BILL OF LADING
Received in apparent good order and condition, unless
otherwise stated herein, for shipment on board the ocean
vessel mentioned herein or on board the feeder vessel or
other means of transportation (rail or truck) if named
herein the goods or packages or containers said to contain
goods, hereinafter called "the Goods", specified herein for
carriage from the port of loading named herein or place of
receipt if mentioned herein, on a voyage as described and
agreed by this bill of lading and discharge at the port of
discharge named herein or delivery at the place of delivery
if mentioned herein, such carriage, discharge or delivery
being always subject to the exceptions, limitations,
conditions and liberties hereinafter agreed, in like order
and condition at the port of discharge or place of delivery
if named as the case may be, for delivery unto the Consignee
mentioned herein or to his or their assigns where the
Carrier's responsibilities shall in all cases and all
circumstances whatsoever finally cease.
Full freight hereunder shall be due and payable by the
shipper in cash without deduction on receipt of the goods or
part thereof by the carrier for shipment and shall be deemed
to have been fully earned upon such receipt of goods. All
charges due hereunder together with freight shall be due
from and payable by the Shipper, Consignee, Owner of the
Goods or Holder of this Bill of Lading (who shall be jointly
and severally liable to the carrier therefor) on demand at
such port or place as the Carrier may require, vessel or
other means of transportation or cargo lost or not lost from
any cause whatsoever.
The freight stated herein to be paid or payable has been
calculated and based on the particulars of the Goods
furnished by the Shipper to the Carrier. The Carrier shall
be entitled at any time to open and re-classify or re-weigh
or re-measure or re-value any goods, and freight shall be
paid on the proper classification or the excess weight or
measurement or value (if any) as the case may be so
ascertained. The expenses of and incidental to re-
classifying or re-weighing or re-measuring or re-valueing
shall be borne by the Carrier if the classification or
weight or measurement or value as furnished by the Shipper
if found to be correct but otherwise such expenses shall be
considered as freight and shall be borne and paid by the
Shipper, Consignee, Owner of the Goods and/or Holder of the
Bill of Lading. The Shipper shall, if required by the
Carrier so to do, furnish forthwith on demand to the Carrier
the invoice or true copy thereof relating to the Goods.
Agents signing this Bill of Lading on behalf of the Company
or Line by whom the Bill of Lading is issued have only the
limited authority at common law of a vessel's master signing
a Bill of Lading.
Notwithstanding the heading "Combined Transport Bill of
Lading", the provisions set out and referred to in this
document shall also apply if the transport as described on
the face of the Bill of Lading is performed by one mode of
transport only.
THE TERMS OF THIS BILL OF LADING ON THIS SIDE AND ON
THE REVERSE SIDE HEREOF ARE HEREBY MUTUALLY AGREED AS
FOLLOWS:
This Bill of Lading shall have effect subject to the
provisions of the "Carriage of Goods by Sea Act 1936"
("COGSA") of the United States of America in respect of
carriage of goods from ports in the United States. Otherwise
this Bill of Lading shall have effect subject to the
provisions of the Hague Rules contained in the International
Convention for Unification of certain Rules relating to
Bills of Lading, dated Brussels, August 25, 1924, as enacted
in the country of shipment, or if no such enactment is
compulsorily applicable, the provisions of said convention
shall apply. If any provision of this Bill of Lading be
invalid under COGSA or any other law that is compulsorily
applicable, such provision shall, to the extent of such
invalidity, but no further, be null and void."
1. DEFINITIONS:
"Carrier" means the Owners or demise Charterer of
the ocean vessel on whose behalf this
Bill of Lading has been issued.
"Goods" means the cargo accepted from the
Shipper and includes any Container not
supplied by or on behalf of the Carrier.
"Container" includes and container, trailer,
transportable tank, flat or pallet
"Merchant" includes the Consignor, Shipper, Holder,
Consignee, the receiver of the Goods,
any person including any Corporation,
Company or other legal entity owning or
entitled to the possession of the Goods
or this Bill of Lading and anyone acting
on behalf of such persons.
"Holder" means any person for the time being in
possession of this Bill of Lading to
whom the property in the Goods has
passed on or by reason of the consigment
of the Goods or the endorsement of this
Bill of Lading or otherwise.
"The Internal Law of a State" shall be deemed to
exclude all principles
of private international
law applied by such
State.
2. CARRIER'S TARIFF:
The terms of the Carrier's applicable Tariff are
incorporated herein. Copies of the relevant
provisions of the applicable Tariff are obtainable
from the Carrier upon request. In the case of
inconsistency between this Bill of Lading and the
applicable Tariff, this Bill of Lading shall prevail.
3. SUB-CONTRACTING:
(1) The Carrier shall be entitled to sub-contract on
any terms the whole or any part of the carriage,
loading, unloading, storing, warehousing,
handling and any and all duties whatsoever
undertaken by the Carrier in relation to the
Goods.
(2) The Merchant undertakes that no claim or
allegation shall be made against any servant,
agent, stevedore or sub-contractor of the Carrier
which imposes or attempts to impose upon any of
them or any vessel owned or chartered by any of
them any liability whatsoever in connection with
the Goods, 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
servant, agent, stevedore and sub-contractor
shall have the benefit of all provisions herein
benefiting the Carrier as if such provisions were
expressly for their benefit, and all limitations
of and exonerations from liability provided to
the Carrier by law and by the terms hereof shall
be available to them, and, in entering into this
contract the Carrier, to the extent of those
provisions, does so not only on its own behalf,
but also as agent and trustee for such servants,
agents, stevedores and sub-contractors.
(3) The expression "sub-contractor" in this clause
shall include direct and indirect sub-contractors
and their respective servants and agents.
4. CARRIER'S RESPONSIBILITY:
The Carrier undertakes responsibility from the place
of receipt if named herein or from the port of loading
to the port of discharge or the place of delivery if
named hereto as follows:
Where loss or damage has occurred between the
time of receipt of the Goods by the Carrier at
the port of loading and the time of delivery by
the Carrier at the port of discharge, or during
any prior or subsequent period of carriage by
water, or where it cannot be established where
the loss or damage occurred, the liability of the
Carrier shall be determined in accordance with
the provisions of the International Convention
for the Unification of Certain Rules relating to
Bills of Lading dated Brussels the 25th August,
1924 such as the Carriage of Goods by Sea Act
1924 of the United Kingdom, or where compulsorily
applicable the Carriage of Goods by Sea Act of
the United States 1936 or of like statutes of
other countries. If anything herein contained be
inconsistent with the said Acts or Laws it shall
to the extent and on the occasion of such
inconsistency and no further, be null and void.
If it can be proved that the loss or damage
occurred while the Goods were in the custody of
an inland carrier the liability of the Carrier
and the limitation thereof shall be determined in
accordance with the inland carrier's contracts of
carriage and tariffs, or in the absence of such
contracts or tariffs, in accordance with the
internal law of the State where the loss or
damage occurred.
In no event shall the liability of the carrier
exceed the amount of compensation payable under
Clause 5. The Carrier shall be entitled to the
full benefit of and right to all limitations of
or exemptions from liability authorized by any
provision of Section 4281 to 4289 of the Revised
Statutes of the United States of America and
amendments thereto and of any other provisions of
the laws of the United States or of any other
country whose laws shall apply.
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.
5. THE AMOUNT OF COMPENSATION:
(1) When the Carrier is liable for compensation in
respect of loss of or damage to the Goods, such
compensation shall be calculated by reference to
the invoice value of the Goods plus freight and
insurance if paid.
(2) In no event shall the Carrier be or became liable
for any loss of or damage to or in connection
with the Goods in an amount exceeding the limit
per package or unit (meaning the unit in which
the cargo is shipped; container stuffed by the
Merchant to be considered as a unit) provided for
by the United States Carriage of Goods by Sea Act,
Section 4 (5) or by any similar act in force
according to the provisions of clause 4 unless
the nature and value of such goods have been
declared by the Shipper before shipment, agreed
by the Carrier, inserted in the Bill of Lading
and moreover freight paid on "ad valorem" basis.
Whenever the value of the Goods is less than such
an amount this value in the calculation and the
adjustment of claims for which the Carrier may be
liable shall be the purpose of avoiding
uncertainties and difficulties in fixing values
be deemed to be the invoice value plus freight
and insurance, if paid, irrespective of whether
any other value is greater or less.
(3) Higher compensation may be claimed only when,
with the consent of the Carrier, the value of the
Goods declared by the Shipper which exceeds the
limits laid down in this clause has been stated
in this Bill of Lading. In that case the amount
of the declared value shall be substituted for
that limit. Any partial loss or damage shall be
adjusted pro rata on the basis of such declared
value.
6. GENERAL:
(1) The Carrier does not undertake that the Goods
shall arrive at the port of discharge or the
place of delivery at any particular time or to
meet any particular market or use and save as is
provided in clause 4 the Carrier shall in no
circumstances be liable for any direct, indirect
or consequential loss or damage caused by delay.
If the Carrier should nevertheless be held
legally liable for any such direct or indirect
or consequential loss or damage caused by delay,
such liability shall in no event exceed the
freight paid for the transport covered by this
Bill of Lading.
(2) Save as is 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 terms of this Bill of Lading shall govern the
responsibility of the Carrier in connection with
or arising out of the supplying of a Container to
the Merchant whether before or after the Goods
are received by the Carrier for transportation or
delivered to the Merchant.
7. NOTICE OF LOSS, TIME BAR:
Unless notice of loss or damage and the general nature
of such loss or damage be given in writing to the
Carrier or his agents at the port of discharge or the
place of delivery as the case may be before or at the
time of removal of the goods in to the custody of the
merchant such removal shall be prima facie evidence of
the delivery by the Carrier of the Goods as described
in this Bill of Lading. If the loss or damage is not
apparent, then notice must be given within three days
of the delivery. In any event, the Carrier shall be
discharged from any liability unless suit is brought
within one year after delivery or the goods or the date
when the Goods should have been delivered.
8. DEFENCES AND LIMITS FOR THE CARRIER:
The defences and limits of liability provided for in
this Bill of Lading shall apply in any action against
the Carrier for loss of or damage to the Goods whether
the action be founded in contract or in tort.
9. SHIPPER-PACKED CONTAINERS:
(1) If a container has not been filled, packed,
stuffed or loaded by the Carrier, the Carrier
shall not be liable for loss of or damage to the
contents and the Merchant shall indemnify the
Carrier against any injury, loss, damage,
liability or expense incurred by the Carrier if
such injury, 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 which would have been apparent
upon reasonable inspection by the Merchant at
or prior to the time the Container was
filled, packed, stuffed or loaded.
(2) If a Container which has not been filled, packed,
stuffed or loaded by the Carrier is delivered by
the Carrier with seals intact, such delivery shall
be deemed as full and complete performance of the
Carrier's obligation hereunder and the Carrier
shall not be liable for any loss of or damage to
the contents of the Container.
(3) The Shipper shall inspect Containers before
stuffing them and the use of the Containers shall
be prima facie evidence of their being sound and
suitable for use.
10. INSPECTION OF GOODS:
The Carrier shall be entitled, but under no obligation,
to open any Package or Container at any time and to
inspect the contents. If it thereupon appears that the
contents 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 such Package or Container or its
contents or any part thereof, the Carrier may abandon
the transportation 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 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.
11. DESCRIPTION OR GOODS:
No representation is made by the Carrier as to the
weight, contents, measure, quantity, quality,
description, condition, marks, numbers or value of the
Goods and the Carrier shall be under no responsibility
whatsoever in respect of such description or
particulars.
12. SHIPPER'S RESPONSIBILITY:
(1) The shipper warrants to the Carrier that the
particulars relating to the Goods as set out
overleaf have been checked by the Shipper on
receipt of this Bill of Lading and that such
particulars and any other particulars furnished by
or on behalf of the Shipper are correct.
(2) The Shipper shall indemnify the Carrier against
all loss, damage or expenses arising or resulting
from inaccuracies or inadequacy of such
particulars.
13. FREIGHT AND CHARGES:
(1) The Merchant's attention is drawn to the
stipulations concerning currency in which the
freight and charges are to be paid, rate of
exchange, devaluation and other contingencies
relative to freight and charges in the applicable
Tariff.
(2) 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
Container or other Package or Unit in order to re-
weigh, re-measure, re-classify or re-value the
contents, and if the particulars furnished by or
on behalf of the Shipper are incorrect, it is
agreed that a sum equal to the difference between
the correct freight and the freight charged shall
be payable by the Merchant to the Carrier.
14. LIEN:
(1) The Carrier shall have a lien on the Goods and any
documents relating thereto for all sums payable to
the Carrier under this contract and for general
average contributions to whomsoever due and for
the cost of recovering the same, and for that
purpose shall have the right to sell the Goods by
Public Auction or private treaty without notice to
the Merchant. If on sale of the Goods the
proceeds fail to cover the amount due and the cost
incurred, the Carrier shall be entitled to recover
the deficit from the Merchant.
(2) If the Goods are unclaimed during a reasonable
time, or whenever in the Carrier's opinion the
Goods will become deteriorated, decayed or
worthless, the Carrier may, at his discretion and
subject to his lien and without any responsibility
attaching to him, sell, abandon or otherwise
dispose of the Goods at the sole risk and expense
of the Merchant.
15. OPTIONAL STOWAGE, DECK CARGO AND LIVESTOCK:
(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 by the Merchant, may be carried on deck or
under deck without notice to the Merchant unless
on the face hereof it is specifically stipulated
that the Containers will be carried under deck,
and if carried on deck, the Carrier shall not be
required to note, mark or stamp on the Bill of
Lading any statement of such on deck carriage.
Such goods (other than livestock) whether carried
on deck or under deck and whether or not stated to
be carried on deck shall participate in general
average and shall be deemed to be within the
definition of Goods for the purpose of the Hague
Rules or similar provisions of any other Act which
may be applicable.
(3) Goods (not being goods stowed in Container other
than flats or pallets) which are stated herein to
be carried on deck and livestock, 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. METHODS AND ROUTES 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 trans-shipping or carrying
the same on another vessel than the vessel
named overleaf or on any other means of
transport whatsoever and even though
transhipment or forwarding of the Goods may
not have been contemplated or provided for
herein;
(c) sail without pilots, proceed via any route,
proceed to, return to and stay at any port or
place whatsoever (including the port of
loading herein provided) in any order in or
out of the route or in a contrary direction
to or beyond the port of discharge once or
oftener for bunkering or loading or
discharging cargo or embarking or
disembarking any person(s) whether in
connection with the present a prior or
subsequent voyage or any other purpose
whatsoever, and before giving delivery of the
Goods at the port of discharge or the place
of delivery herein provided and with
liberties as aforesaid leave and then return
to and discharge the Goods at such port, tow
or be towed, make trial trips, adjust
compasses, or repair or dry-dock, with or
without cargo onboard;
(d) load and unload the Goods at any port or
place (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
port or place;
(e) comply with any orders or recommendations
given by any government or authority or any
person or body 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.
(2) Anything done or not 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.
17. MATTERS AFFECTING PERFORMANCE:
(1) If at any time the performance of the contract
evidenced by this Bill of Lading is or is likely
to be affected by any hindrance, risk, delay,
difficulty or disadvantage of whatsoever kind
which cannot be avoided by the exercise of
reasonable endeavors, the Carrier (whether or not
the transport has 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
port or place whatsoever which the Carrier or
Master may consider safe and advisable in the
circumstances, 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 port or place.
(2) The circumstances referred to in sub-clause (1)
above shall include, but shall not be limited to,
those caused by the existence or apprehension of
war declared or undeclared, hostilities, warlike
or belligerent acts or operations, riots, civil
commotions or other disturbances, closure of,
obstacles in or danger to any canal; blockade of
port or place or interdict or prohibition of or
restriction on commerce or trading; quarantine,
sanitary or other similar regulations or
restrictions; strikes, lockouts or other labour
troubles whether partial or general and whether or
not involving employees of the Carrier or his sub-
contractors; congestion of port, wharf, sea
terminal or any other place; shortage, absence or
obstacles of labour or facilities for loading,
discharge, delivery or other handling of the
Goods; epidemics or diseases; bad weather, shallow
water, ice, landslide or other obstacle in
navigation or haulage.
18. REFRIGERATED CARGO:
(1) 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 case of a
refrigerated Container packed by or on behalf of
the Merchant further undertakes that the Goods
have been properly stowed in the Container and
that its thermostatic controls have been
adequately set by him before receipt of the Goods
by the Carrier. If the above requirements are not
complied with, the Carrier shall not be liable for
any loss of or damage to the Goods howsoever
arising.
(2) The Carrier shall not be liable for any loss of or
damage to the Goods arising from latent defects,
derangement, breakdown, stoppage of the
refrigerating machinery, plant, insulation and/or
any apparatus of the Container, vessel, conveyance
and any other facilities whatsoever provided that
the Carrier shall before or at the beginning of
the transport exercise due diligence to maintain
the refrigerated Container in an efficient state.
19. DANGEROUS GOODS:
(1) The Merchant undertakes not to tender for
transportation 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 during the carriage. The Carrier or
the Master may however, in their absolute
discretion reject any such cargo.
(2) If the requirements of sub-clause (1) are not
complied with the Goods may at any time or place
be unloaded, destroyed, or rendered harmless
without compensation and the Merchant shall
indemnify the Carrier against all loss, damage or
expense arising out of the Goods being tendered
for transportation or handled or carried by the
Carrier. Further the Carrier shall be under no
liability to make any general average contribution
in respect of such Goods.
(3) If the Goods of a dangerous, inflammable,
radioactive or damaging nature, which were
tendered in compliance with sub-clause (1) shall
become a danger to the vessel, cargo or any other
property or person, such goods may in like manner
be unloaded, destroyed or rendered harmless
without compensation and the Merchant shall
indemnify the Carrier against all loss, damage or
expense which the Carrier could not avoid by the
exercise of reasonable diligence but incurred as a
result of the carriage of such Goods.
20. REGULATIONS RELATING TO GOODS:
The Merchant shall comply with all regulations or
requirements of Custom port and other authorities, and
shall bear and pay all duties, taxes, fines, imports,
expenses or losses incurred or suffered by reason
thereof or by reason of any illegal, incorrect or
insufficient marking, numbering or addressing of the
Goods, and indemnify the Carrier in respect thereof.
21. NOTIFICATION AND DELIVERY:
(1) Any mention in this Bill of Lading of parties to
be notified of the arrival of the Goods is solely
for information of the Carrier, and failure to
give such notification shall not involve the
Carrier in any liability nor relieve the Merchant
of any obligation hereunder.
(2) The Merchant shall take delivery of the Goods
within the time provided for in the Carrier's
applicable Tariff.
(3) If the Merchant fails to take delivery of the
Goods or part of them in accordance with this Bill
of Lading, the Carrier may without notice unstow
the Goods or that part thereof and/or store the
Goods or that part thereof ashore, afloat, in the
open or under cover. 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.
(4) The Merchant's attention is drawn to the
stipulations concerning free storage time and
demurrage contained in the Carrier's applicable
Tariff, which is incorporated in this Bill of
Lading.
(5) The Carrier may in his absolute discretion receive
the Goods as Full Container Load and deliver them
as Less than Full Container Load and/or as split
delivery of the Goods to more than one receiver.
In such event the Carrier shall not be liable for
any shortage, loss, damage or discrepancies of the
Goods, which are found upon unpacking of the
Container.
6) The Carrier may in his absolute discretion receive
the Goods as Less than Full Container Load and
deliver them as Full Container Load. In such
event the Carrier shall not be liable for any
shortage, loss, damage or discrepancies of the
goods, which were not apparent at the time of such
delivery, provided that he shall have exercised
ordinary care in packing the Containers.
22. BOTH-TO-BLAME COLLISION CLAUSE:
If the carrying ship comes into collision with another
ship as a result of negligence of the other ship and
any act, neglect or default in the navigation or the
management of the carrying ship, the Merchant
undertakes to pay the Carrier, or, where the Carrier is
not the owner and in possession of the carrying ship,
to pay to the Carrier as trustee for the owner and/or
demise charterer of the carrying ship, a sum sufficient
to indemnify the Carrier and/or the owner and/or demise
charterer of the carrying ship against all loss or
liability to the other or non-carrying ship or her
owners insofar as much 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 ship or her owner or demise charter or the
Carrier. The foregoing provisions shall also apply
where the owners, operators, or those in charge or any
ship or ships or objects, other than, or in addition
to, the colliding ships or objects, are at fault in
respect to a collision, contact, stranding or other
accident.
23. NEW JASON CLAUSE:
(1) In the event of accident, danger, damage or
disaster before or after the commencement of the
voyage, resulting from any cause whatsoever,
whether due to negligence or not, for which or for
the consequence of which the Carrier is not
responsible, by statute, contract or otherwise,
the Goods and the Merchant shall jointly and
severally 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.
(2) If a salving ship is owned or operated by the
Carrier, Salvage shall be paid for as fully as if
the said salving ship belonged to strangers.
24. GENERAL AVERAGE:
(1) General average shall be adjusted at any port or
place in the option of the Carrier in accordance
with the York-Antwerp Rules 1974.
(2) Such deposit as the Carrier may deem sufficient to
cover the estimated contribution of the Goods and
any salvage and special charges thereon shall if
required be made by the Merchant in the Carrier
before delivery. If the Carrier delivers the
Goods without obtaining security for general
average contributions, the Merchant by taking
delivery of the Goods, undertakes personal
responsibility to pay such contributions and to
provide such cash deposit or other security for
the estimated amount of such contribution as the
Carrier shall reasonably require.
(3) The Carrier shall be under no obligation to
exercise any lien for general average contribution
due so the Merchant.
25. VARIATION OF THE CONTRACT ETC.:
No servant or agent of the Carrier shall have power to
waive or vary any terms of this Bill of Lading unless
such waiver or variation is in writing and in
specifically authorized or ratified in writing by the
Carrier.
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