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 the 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 the 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
a) "Carrier" means Shiplane Transport, Inc., the carrier named on Page 2 (Face side hereof) and on whose behalf this Bill of Lading has been signed, operator, demise charterer, time charterer, voyage charterer, space or slot charterer, sub-carrier, whether acting as carrier or bailee.
b) "Merchant" means the booking party, shipper, consignee, receiver, holder of the Bill of Lading, owner of the cargo or person entitled to the possession of the cargo and the servants and agents of any of these, all of whom shall jointly and severally be liable to the carrier of the payment of all charges, and for the performance of the obligations of any of them under this Bill of Lading.
c) "Goods" means the cargo received from the shipper and described on Page 2 (Face side hereof) and any Container or Cargo not supplied by or on behalf of the Carrier.
d) "Container" means any container, van, trailer, flatbed, transportable tank, railroad car, vehicle, flat, pallet, skid, platform, cradle, sling-load or any similar receptacle whatsoever used to consolidate the Goods and any connected equipment.
e) "Carriage" means the whole of the operations and services undertaken or performed by or on behalf of the Carrier in respect of the Goods.
f) "Combined Transport" or "Intermodal Transport" arises where the Carriage covered by this Bill of Lading is not Port to Port Transportation only.
g) "Port to Port Transport" arises where the "Place of Receipt" and the "Place of Delivery" as per Page 2 (Face side hereof) do not show an entry, but the columns Port of Loading and Port of Discharge do.
h) "On Board" arises when the place of receipt of goods is an Inland Point and is so named herein any notation on this Bill of Lading of On Board, Loaded on board, or words to like effect shall be deemed to mean On Board the Truck, Rail Car, Aircraft or Other Inland conveyance (as the case may be) performing carriage from the place of receipt of Goods to the Port of Loading, or are in the custody of the carrier's participating Receiving Facilities.
i) "Vessel" means the ocean vessel named on Page 2 (Face side hereof), and any substitute vessel, feeder ship, barge, or other means of conveyance by water used in whole or in part by the Carrier.
j) “COGSA” means the U.S. Carriage of Goods by Sea Act.
k) “Hague Rules” means the International Convention for the Unification of Certain Rules relating to Bills of Lading of 1924 including the Visby Amendment and the 1979 Protocol.
2. Carrier's Tariff
The Goods carried under this Bill of Lading are subject to all Terms and Conditions of the Carrier's applicable Tariff or Tariffs on file with the U.S. Federal Maritime Commission (FMC) or any other Regulatory body which governs a particular Portion of the Carriage, Copies of such Provisions are obtainable from the Tariffs and the Terms and Conditions of this Bill of Lading. In the event of a conflict between the terms and conditions of such tariff(s) and this bill of lading, this Bill of Lading shall prevail.
3. Warranty
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 or any Person who has present of future interest in the Goods covered by this Bill of Lading.
4. Negotiability & Title to the Goods
a) This Bill of Lading shall be non-negotiable unless made out "To Order" in which event it shall be negotiable and shall constitute Title to the Goods and the Holder shall be entitled to receive or to transfer the Goods described on Page 2 (Face side hereof).
b) If this is an Express Bill of Lading and is so stipulated on Page 2 (Face side hereof), this Express Bill of Lading shall be non-negotiable. It cannot be made out "To Order" and does not constitute Title to the Goods. At destination at either "Port of Discharge" or "Place of Delivery" the Goods will be handed over by the Carrier, or his Agents or its Servants to the Party mentioned to be the "Consignee" in the respective column on Page 2 (Face side hereof). The Express Bill of Lading has not been issued with Originals and Copies thereof, so the Goods will be delivered without the Consignee having to present this document to the Carrier, his Agents, or his Servants. All other Rights, Immunities, and Conditions mentioned in this contract remain unchanged.
5. Certain immunities and Rights
a) The Carrier shall be entitled to sub-contract on any Terms the whole or any Part of the Carriage.
b) No Servant or Agent of the Carrier shall have the power to waiver or vary any of the Terms and Conditions hereof unless such Waiver or Variation is in writing and is specifically authorized or ratified in writing by a Director or Officer of the Carrier who has the actual Authority of the Carrier to waive or vary.
c) If any provision in this Bill of Lading is held to be invalid or unenforceable by any Court or Regulatory Agency or Body, such invalidity or Unenforceability shall attach only to such Provision. The Validity of the remaining Provisions shall not be affected thereby and this Bill of Lading Contract shall be carried out as if such invalid or unenforceable Provision were not contained herein.
d) The Merchant shall defend, indemnify and hold harmless the Carrier against any Claim, Loss, Damage, Delay, Fines, Attorney`s fees or Liability (and any Expense arising therefrom) arising from the Carriage of Goods insofar as such Costs exceed the Carrier's Liability under this Bill of Lading.
e) The Defense and Limits of Liability provided in this Bill of Lading shall apply in any Action against the Carrier, whether the Action be found in contract or in Tort.
6. Responsibilities
(1) It is hereby agreed by all parties the SHIPLANE TRANSPORT is acting solely as an agent in connection with this Bill of Lading. SHIPLANE TRANSPORT is not the actual vessel owner and/or trucker. SHIPLANE TRANSPORT does not hold itself out to be a vessel owner or trucker.
SHIPLANE TRANSPORT is not responsible for any loss, damage, or conversion at any time. Shipper/exporter waives the right of subrogation.
(2) 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.
(3) The Limitation of Liability.
a) be limited to U.S. Dollar 500 per Bill of Lading.
b) If the shipment specified on Page 2 (Face side hereof) of this Bill of Lading is a "Less-than-Container-Load" (LCL) Shipment which is stuffed/stowed by the Carrier or a contractual Partner of the Carrier on the Carrier's Behalf, the Carrier's combined Liability for Loss or Damage is restricted not to exceed the Amount of USD 150. If the Amount of Freight due to the Carrier is less than that Amount, the Liability is restricted not to exceed the Amount of Freight due to the Carrier.
(4) Where more than one party has Claims against the Carrier arising out of the same Loss or Damage related to Goods shipped in one Container and with the Carrier having been mentioned as Shipper in a Bill of Lading issued by a Sub Carrier, the Carrier's Limitation of combined Liability applies to all Claimants jointly, including Claimant's for Indemnity or Contribution, and not to each Claimant separately.
(5) Except where applicable Legislation requires otherwise, the Carrier shall under no Circumstances be liable for direct, indirect and/or consequential Loss or Damage caused by Delay or any other Cause whatsoever and however caused.
(6) The Carrier or any Person authorized by the Carrier shall be entitled, but under no Obligation to open any Container at any time, and to inspect the Contents. If it thereupon appears that the Contents or any Part of it cannot safely or properly be carried or carried further, either at all or without incurring additional Expenses, the Carrier may, without notice to the Merchant, abandon the Carriage thereof and/or take any Measure and/or incur any reasonable additional expense to continue the Carriage or to store the same, which Storage shall be deemed to constitute due Delivery under this Bill of Lading. The Merchant shall indemnify the Carrier against any reasonable additional Charges so incurred, unless due solely to Carrier's Fault.
(7) The Freight amount applicable and/or all other Charges to be linked to the Carriage as specified on Page 2 (Face side hereof) of this Bill of Lading have been calculated on the basis of Particulars furnished by or on behalf of the Merchant. The Carrier shall be entitled, at any Time, to inspect, reweigh, remeasure or revalue the Contents and, if the Particulars furnished by the Merchant are incorrect, the Charges, including but not restricted to the Freight, shall be adjusted accordingly and the Merchant shall be responsible to pay the correct Charges and all Expenses incurred by the Carrier in checking the said Particulars or any of them. The Freight and Charges shall be deemed fully earned on Receipt of the Goods by the Carrier and shall be paid by Merchant in full without any set-off, counterclaim, deduction, or stay of execution and be non-returnable in any event. The Merchant shall defend, indemnify and hold the Carrier, any Participating Carrier, their Agents, and Servants, harmless from and against all Liability, Loss, Damage and Expense which may be substituted or incurred by the Carrier or its Agent relative the above, including Court and Attorney's fees necessarily incurred to collect overdue Freight and Charges. 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.
(8) The Carrier shall have a Lien on the Goods as specified on Page 2 (Face side hereof) of this Bill of Lading and any Documents relating thereto for all sums due under this Carriage. The Lien shall also extend to General Average Contributions, Salvage and the Cost of recovering those Sums, inclusive of Attorney's fees, and shall survive Delivery of the Goods. Such Lien may be enforced by the Carrier by public or private Sale at the Expense of and 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.
The Carrier shall also have a lien against the Merchant on the Goods and any document relating thereto for all sums due from him to the Carrier in connection with any other shipment of the Merchant.
(9) The Merchant will be notified by the Carrier or its Agent about the Arrival of the Goods, however:
a) Any mention herein of Parties to be notified of the Arrival of the Goods is solely for information Purposes, and Failure to give such Notification shall not involve the Carrier or its Agents in any Liability nor relieve the Merchant of any Obligation hereunder.
b) If Delivery of the Goods or any Part thereof is not taken by the Merchant when and where and at such Time and Place as the Carrier is entitled to have the Merchant take Delivery, the Goods shall be considered to have been delivered to the Merchant, and the Carrier may, at his Option, subject to the Lien and without Notice to the Merchant, elect to have the Goods remain where they are or sent to a Warehouse or any other Place deemed appropriate, vanned or devanned, always at the Risk and Expense of the Merchant and the Goods.
(10) The Carrier may transport Livestock but if so decided and stated on Page 2 (Face side hereof) of this Bill of Lading, the Carriage does not include any Responsibility on the part of the Carrier for Loss or Damage of whatever Nature arising during Carriage by Sea or Land or inland Waterway caused by any Cause whatsoever, including Negligence. The Merchant shall defend, indemnify and hold harmless the Carrier against all and any extra Costs incurred for any Reason whatsoever in connection with Carriage of Livestock.
7. Method & Route of Transportation
Without derogating from the Carrier's Obligation to carry out the Carriage as specified on Page 2 (Face side hereof) of this Bill of Lading and subject to its Terms and Conditions, the Carrier may at any Time and without Notice to the Merchant:
a) use any Means of Transport or Storage whatsoever;
b) transship or carry on another Vessel or Conveyance than that mention on Page 2 (Face side hereof);
c) on or under deck Transportation for the Whole or Part of that Carriage;
d) proceed by any Route in its sole and absolute Discretion and whether the nearest, most direct, customary or advertised Route or in or out geographical Range;
e) omit calling at any Port, whether scheduled or not;
f) devan and/or store the Goods carried at any Place whatsoever, ashore or afloat, in the open or covered;
g) proceed with or without Pilots;
h) carry Goods of any and all kinds, whether dangerous and hazardous or not;
i) drydock or stop at any unscheduled Port for Bunkers, Repairs or for any Purpose whatsoever;
j) comply with any Orders, Directions or Recommendations given by any Government or Authority or by any Person or Body acting or purporting to act with the Authority of any Government or having under the terms of the Insurance of the Vessel or other Conveyance employed by the Carrier the Right to give such Orders, Directions or Recommendations;
k) take any other Steps or Precautions as may appear reasonable to the Carrier under specific Circumstances. The Liberties and Rights set out in Subdivisions a) through k) may be invoked for any Purpose whatsoever even if not connected with the Carriage covered by this Bill of Lading. Any Action taken or omitted to be taken, and any Delay arising therefrom, shall be deemed to be within the contractual and contemplated Carriage and not be unreasonable Deviation of whatsoever Nature or Degree.
8. Matters affecting Performance
If at any Time the Carriage is or, in the Judgment of the Carrier, is likely to be affected by any Hindrance, Risk, Delay, Difficulty or Disadvantage of any kind, including but not restricted to the Condition of the Goods, Acts of God, disruption in labor, war, political unrest, piracy, act of terrorism, and threat thereof, 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 labor 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 labor 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, whenever and however arising, whether and however arising, whether or not the Carriage has commenced, the Carrier may without Notice to the Merchant:
a) abandon the Carriage of the Goods and wherever reasonably possible place the Goods or any Parts of them at the Merchants Disposal at any Place which the Carrier in respect to such Goods shall select;
b) forward or transship the Goods, vanned or devanned, to their intended Destination or retain them on Board, vanned or devanned, until the return of the Vessel to the Port of Loading or Port of Discharge or any other reasonable Point, always with Regard to the Circumstances and the Nature of the Goods. Notice of the Carrier's Election and Disposition of the Goods shall be sent to the Merchant (Shipper, Consignee, Receiver, holder of its Bill of Lading, Owner of the Goods or Person entitled to Possession of the Goods insofar as they are identified or the Carrier is aware of their names and addresses). In any event, the Carrier shall be entitled to full Freight and Charges for the Carriage and any additional freight and charges and all other expenses incurred by or on behalf of the Carrier, all of which shall be due and owed by the Merchant and the Carrier shall have a lien on the Goods for same.
9. Merchants Responsibilities
The Merchant warrants to the Carrier that the Description and Particulars of the Shipment as specified on Page 2 (Face side hereof) of this Bill of Lading are correct. Neither the Carrier nor its Agents and Servants shall be liable for the Correctness of any Marks, Descriptions, Weight, Contents, Measure, Quantity, Quality, Condition, Numbers or Value of the Goods, or other Representations furnished or made by or on Behalf of the Merchant or appearing on the Goods or Documents relation to the Goods. Also, the Merchant:
a) shall comply with all applicable Laws, Regulations, and Requirements of Customs, Port and other Authorities and shall bear and pay all Duties, Taxes, Fines, Imposts, Expenses, and Losses incurred or suffered by reason thereof or by reason of any illegal, incorrect or insufficient Marking, Numbering or Addressing or the Goods;
b) undertakes 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, Regulations, and Requirements which may be applicable;
c) shall be liable for the Loss, Damage, Contamination, Soiling, Detention, or Demurrage before, during and after the Carriage of Carrier's Property including, but not limited to Containers. This Liability extends to Property owned by Parties which are/have been utilized by the Carrier to conclude the Carriage as documented on Page 2 (Face side hereof) of this Bill of Lading;
d) shall not tender to the Carrier Goods which are or may become dangerous, inflammable or damaging or which are or may become liable to Damage any Property or Person whatsoever for Carriage without the Carrier's express Consent in writing and without the Container in which the Goods are to be transported and the Goods themselves being distinctly marked on the outside so as to indicated the Nature and the Character of any such Goods and so as to comply with all applicable Laws, Rules, Regulations, and Requirements;
e) shall defend, indemnify and hold harmless the Carrier against any Claim, Loss, Damage, Delay, Fines, Attorney`s fees, Costs, Liability, or Expense whatsoever arising from any Breach of the Provisions in this Clause 9. Or from any Cause in connection with the Goods for which the Carrier is legally not responsible;
f) Merchant shall remain responsible for all Charges, regardless whether the bill of lading be marked, in words or symbols, “Prepaid“, or “Collect“;
g) In case of non-payment of Charges or any other amount(s) due under this contract, Carrier is entitled to pursue the relevant amount(s) against Merchant or Goods and Merchant shall also be liable for interest on any overdue amount(s) as well as Carrier’s reasonable Attorney’s fees and expenses incurred in collecting any amount(s) due.
10. Container & Containerized Cargo
Goods may be stowed into or on Containers either by the Carrier or its Representatives, Agents or Servants or on Merchants behalf by a Third Party.
1) if a Container is stuffed (stowed) by the Carrier or its Representatives, Agents or Servants on his behalf, the Goods of the Merchant may be stuffed with other Goods;
2) if a Container is stuffed (stowed) by or on Behalf of the Merchant by a Third Party or his Representatives, and in Connection with or arising out of the Supply of a Container by the Carrier or its Agents to the Merchant, whether supplied before or after the Goods are received by the Carrier or delivered to the Merchant.
a) the Carrier shall not be liable for Loss of or Damage to the Goods;
(i) caused by the Manner in which the Container has been stuffed;
(ii)caused by the Unsuitability of the Goods for Carriage in Containers;
(iii) caused by the Unsuitability or defective Condition of the Container, provided that where the Container has been supplied by or on Behalf of the Carrier this Paragraph (iii) shall only apply if the Unsuitability or defective Condition arose:
(1) without any due Diligence on the Part of the Carrier;
(2) would have been apparent upon reasonable Inspection by the Merchant at or prior to the Time when the container was stuffed;
(iv) if the Container is not sealed at the Commencement of the Carriage except where the Carrier has agreed to seal the Container
3) The Merchant shall defend, indemnify and hold harmless the Carrier against any Claim, Loss, Damage, Delay, Fines, Attorney`s fees, Costs, Liability or Expense whatsoever arising from one or more of the Matters covered by Paragraphs above;
4) Where the Carrier is requested by the Merchant to provide a Container, in the absence of a written specific Request to the contrary, the Carrier is not obligated to provide a Container of any particular Type or Quality;
5) Containers with Temperature or Atmosphere Control Apparatus or Installation for Heating, Refrigeration or otherwise will not be furnished by the Carrier unless expressly contracted for in writing at the Time of Booking and, when furnished, may entail increased Freight and Charges. When such a Container is tendered to the Carrier as agreed to, the Merchant must provide the carrier with the desired Temperature Range, and Carrier is to exercise due Diligence to maintain the Temperature within a reasonable range while the Containers are in his Custody or Control. The Carrier, however, is not responsible for the Functioning of Temperature or Atmosphere-controlled Containers not owned or leased by the Carrier or its related Companies. Shipper is responsible to ensure that container is set to the correct temperature when it arrives and when it leaves its facility.
11. Delivery & Notification
When the Goods specified on Page 2 (Face side hereof) of this Bill of Lading have been delivered in accordance with the Contract of Carriage this Bill of Lading represents, the Carrier shall be deemed "prima facie" to have delivered the Goods in good Order and Condition unless
1) Notice of Loss of or Damage to the general Nature of such Loss or Damage is given in writing to the Carrier or his Agent or Representative 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;
2) if the Loss and/or Damage to the Goods is not apparent at the Time of Delivery, written Notice of it has to be given within 24 (twenty-four) Hours.
In any Event, the Carrier and any participating Carrier which might have been contracted by the Carrier to fulfill the Contract of Carriage as specified on Page 2 (Face side hereof) of this Bill of Lading, shall be discharged from any Liability of whatsoever Nature unless Suit is brought within 90 (ninety) Days Delivery for Commencement of Suits, any Liability whatsoever of the Carrier or his Contractors shall cease unless Suit is brought within the shorter Period so specified by compulsory Law. All necessary Documents have to be served upon the Carrier leaving it at the Carrier's Head Office.
12. Fire
Neither the Carrier nor a participating Carrier which might have been contracted by the Carrier to fulfill the Contract of Carriage as specified on Page 2 (Face side hereof) of this Bill of Lading are liable for any Loss of or Damage to the Goods caused by Fire, unless such Fire shall be proven to be caused by the Carrier through personal Design, Neglect or Private. In any case where this Exemption is not permitted by compulsory Law, and no other defenses according to this Bill of Lading and/or applicable Legislation would exonerate the Carrier shall not be liable for Loss or Damage caused by Fire unless shown to have been caused by gross Negligence.
13. Both-to-Blame Collision Clause
If the Vessel on which the Goods specified on Page 2 (Face side hereof) of this Bill of Lading is carried (the carrying Vessel) comes into Collision with another Vessel (non-carrying vessel) as a Result of the Fault or Negligence of the other Vessel and any Act, Neglect or Default of the Carrier's Master, Crew, Pilot, Agents or Servants in the Navigation or in the Management of the Vessel, the Merchant will indemnify the Carrier against all Loss or Liability to the other (non-carrying) Vessel or her Owners to the Merchant and set-off, recouped or recovered by the (non-carrying) Vessel or her Owners as Part of their Claim against the Carrier, the (carrying) Vessel or her Chartered. This Provision remains in Effect in other Jurisdictions even if unenforceable in the Courts of the United States.
14. General Average (Havarie Grosse)
a) General Average shall be adjusted according to the York-Antwerp Rules 1974, as amended, at any Place at the Option of the Carrier, whether declared by the Carrier or any Person or Vessel other than the Merchant.
b) 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 or for the Consequence of which the Carrier is not responsible, by Statute, Contract or otherwise, the Goods, Shippers, Consignees or Owners of the Goods 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 in Respect of the Goods.
c) If salving Vessel is owned or operated by the Carrier, Salvage shall be paid for as fully as if said salving Vessel (or Vessel) belonged to Strangers.
d) Such Deposits the Carrier or his Agents deem sufficient to cover the estimated Contribution of the Goods and any Salvage and special Charges there-on shall, if required, be made by the Goods, Shippers, Consignees or Owners of the Goods to the Carrier before Delivery of the Goods, and if not so required, within three months of the Delivery of the Goods, whether or not at the Delivery the Merchant had Notice of the Carrier's Request of the required Deposit Payment.
e) The Carrier shall be under no Obligation to exercises any Lien for General Average Contribution due to the Merchant.
f) The Merchant expressly renounces any and all Codes, Statues, Regulations or Laws which might otherwise apply insofar as applicable Law permits.
15. Notice of claim and time to sue
If notice of loss, damage, or claim is not given at the time of discharge/removal of Goods by Merchant or, if not then apparent, within 3 (three) consecutive days thereafter, a presumption of discharge/delivery in good order shall arise. In any event, Carrier shall be discharged from all liability whatsoever in respect of the Goods, including any claims for indemnity or contribution, unless suit is brought within 1 (one) year after their delivery or the date when they should have been delivered, provided however that if a shorter period for commencement of suit applies under applicable law, any liability whatsoever of Carrier shall cease unless suit is brought within such shorter period
16. Jurisdiction
Unless otherwise provided herein, any claim, dispute, suit or proceeding arising under or relating to this bill of lading shall be emailed to info@shiplanetransport.com, delivered at the Carrier's Headquarters and be brought only in the U.S. District Court for the Southern District of New York, or the Civil Court located in New York, in accordance with the Laws of the State of New York, U.S.A., except that at Carrier’s sole option, it may commence proceedings against Merchant at any court or tribunal having jurisdiction.
