Bill of
Lading
Ship:
_____________________
Shipper:
_____________________
Consignee:
_____________________
Port of loading:
_______________________
Arrival notice should be
sent to: ________________________
Port of discharge:
_____________________
Final destination of
goods: ____________________
Scope of the voyage:
______________________
Leading marks:
_______________________
Quantity:
_______________________
Description: _____________________
Gross weight:
_____________________
Measurements:
_____________________
Received by CARRIER,
from the shipper, the goods or packages said to contain goods stated above in
apparent good order or condition unless otherwise indicated in this bill of
lading, to be transported subject to the terms of bill of lading with liberty
to proceed via any port or ports within the scope of the voyage, to the port of
discharge or as near thereto as the ship can safely get and leave, always
afloat at all stages and conditions of water and weather, and there to be
delivered or transshipped on payment of the charges. If the goods in whole or
in part are shut out from the ship stated above for any reason or cause,
carrier shall have liberty to forward them under the terms of this bill of
lading on the next available ship of this line, or, at carrier’s option, of any
other line.
It is agreed that the
custody and carriage of the goods are subject to the following terms which
shall govern the relations between the shipper, consignee, and the carrier,
master and ship in every contingency, and in the event of deviation, or of
unseaworthiness of the ship at the time of loading or inception of the voyage
or subsequently, none of the terms shall be deemed to be waived by the carrier
unless by express waiver in writing signed by a duly authorized agent of the
carrier.
CARRIAGE OF GOODS BY
SEA ACT OF THE UNITED STATES
This bill of lading
incorporates the provisions of the Carriage of Goods by Sea Act of the United States,
and amendments thereto, and nothing herein contained shall vary the rights,
immunities or responsibilities of the carrier under the act. The provisions of
the act shall govern before the goods are loaded on and after they are
discharged from the ship and at all times that the goods are in custody of the
carrier. The carrier shall have no liability when the goods are not in the
actual custody of the carrier.
DEFINITION OF THE TERM
“SHIP”
The word “ship” shall
include:
substituted vessels;
and, any craft, lighter or other means of conveyance owned, chartered or
operated by the carrier, whether the owner, operator, charterer or master shall
be acting as carrier or bailee.
DEFINITION OF THE TERM
“SHIPPER”
The term “shipper”
shall include the person named above, the holder of the bill of lading properly
endorsed, and the person for whose account the goods are shipped.
DEFINITION OF THE TERM
“CONSIGNEE”
The term “consignee”
shall include the holder of the bill of lading and the receiver and owner of
the goods.
DEFINITION OF THE TERM
“CHARGES”
The term “charges”
shall include freight and all expenses and monetary obligations incurred and
payable by the goods, shipper, consignee, or any of them.
SCOPE OF VOYAGE
The scope of voyage
herein contract shall include the usual or customary or advertised ports of
call whether or not named in this bill of lading, also ports in and out of the
advertised, geographical, usual or ordinary route or order, even though in so
proceeding the ship may sail beyond the port of discharge or in a direction
contrary thereto, or depart from the direct or customary route. The ship may
call at any port for the purposes of the current, prior or subsequent voyage.
The ship may omit calling at any ports whether scheduled or not, and may call
at the same port more than once; either with or without goods on board, and
before or after proceeding toward the port of discharge, adjust compasses, dry
docks, go on ways to repair yards, shift berths, take fuel or stores, remain in
port, sail without pilots, tow or be towed, save or attempt to save life or
property, and all of the foregoing are included in the contract voyage.
JUDGMENT OF CARRIER OR
MASTER
In any situation,
regardless of where or when, and whether existing or anticipated before
commencement or during the voyage which in the judgment of the carrier or
master is likely to give rise to: capture, seizure, detention, damage,
disadvantage or loss of the ship or any part of the cargo; or, make it unsafe, imprudent
or unlawful for any reason to begin or to continue the voyage; or, give rise to
delay or difficulty in arriving, discharging at or leaving the port of
discharge, or, reaching or attempting to reach the usual place of discharge or
attempting to discharge, may, without
giving any prior notice, discharge the goods into depot, craft or other place,
and the goods shall be liable for any
extra expense thereby incurred; or the master may proceed directly or
indirectly, proceed or return, to stop at such other port or place as he or the
carrier may consider safe or advisable and discharge the goods, or any part
thereof without giving any prior notice and, when landed as provided, the goods
shall be at their own risk and expense. The delivery by carrier shall be
considered complete and the carrier shall be free from any further
responsibility to such goods except to send notice of the disposition of the
goods directed to the shipper or consignee named in this bill of lading at any
address specified herein; or the master may retain the cargo on board until the
return trip or until such time as the master or the carrier thinks advisable;
or the master may forward the goods by any means, whether or not by water, at
the risk and expense of the goods. For any services rendered for goods as
provided above, the carrier shall be entitled to a reasonable extra
compensation.
The carrier, master or
ship shall have the liberty to comply with any orders or directions as to
loading, departure, arrival, ports of call, stoppage, discharge, destination or
delivery given by: the government of any nation, or any persons or entities
purporting to or acting under the color of law; by any committee or person
having, under the terms of war risk insurance on the ship, the right to give
such orders or directions.
Delivery or other
disposition of the goods in accordance with such orders or directions shall be
a fulfillment of the contract voyage.
CARRIAGE OF OTHER GOODS
The ship may carry
contraband, explosives or other inflammables, hazardous cargo and may sail
armed, unarmed, with or without a convoy.
DESCRIPTION OF THE
GOODS
Unless otherwise stated
herein, the description of the goods and the particulars of the package
mentioned herein are those furnished in writing by the shipper, and these
descriptions shall not be conclusive as to the carrier.
In addition, the
quantity, weight, gauge, measurements, contents, leading marks, nature, quality
or value shall not be established as to the carrier.
Single units or
packages exceeding ____________________ pounds in weight shall be liable to pay
extra charges in accordance with tariff rates in effect at time of shipment or
loading, handling, transshipping or discharging.
The weight of each such
piece or package shall be declared in writing by the shipper on shipment and
clearly and durably mark the same on the outside of the piece or package. The shipper and the goods shall also be
liable for and shall indemnify the carrier in respect of any injuries, losses
damages arising from the shipper’s failure to declare and mark the weight of
any such piece or package or from the incorrect weight of any such piece or
package having been declared or marked thereon.
STOWAGE
Goods may be stored in:
poops, forecastle, deck house, shelter dock, passenger space, or any other
covered-in space commonly used in the trade for the carriage of goods, and when
so stowed shall be deemed for all purposes to be stowed under deck. In respect
to goods carried on deck and stated herein to be so carried, all risks of loss
or damage by perils inherent in such carriage shall be borne by the consignee,
but in all other respect the custody and carriage of goods shall be governed by
the terms of this bill of lading and the provisions stated in the Carriage of
Goods by Sea Act. Specially heated or specially cooled stowage shall not be
furnished unless contracted for at an increased freight rate.
LIVE ANIMALS
Live animals, birds and
fish are received and carried at the shipper’s risk of accident or mortality.
The carrier shall not be liable for any loss or damage thereto arising or
resulting from any matters mentioned in Section 4, subd 2, a to p inclusive of
the Carriage of Goods by Sea Act or from any other cause not due to the fault
of the carrier, any warranty of seaworthiness in the premises being hereby
waived by the shipper. Except as provided above such shipment shall be deemed
goods, and shall be subject to all terms and provisions in this bill of lading
relating to goods.
COLLISION
If the ship 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 servants of the
carrier in the navigation or in the management of the ship, the owners of the
goods carried hereunder will indemnify the carrier against all loss or
liability to the other or non-carrying ship or her owners insofar as such loss
or liability represents loss of, or damage to, or claim whatsoever, of the
owners to the owners of said goods 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 carrier.
GENERAL AVERAGE
General Average shall
be adjusted and payable at New York according to 1924 York-Antwerpt Rules, F
and 1 to 15 and 17 to 22, all inclusive, and, as to matters not therein
provided for, according to the laws and usage at the port of
______________________ and the General Average shall be prepared by average
adjusters selected by the carrier, the said adjuster to attend to the
settlement and collection of the average subject to the customary charges.
In the event of accident,
danger, damage or disaster, before or after commencement of the voyage
resulting from any cause, whether due to negligence or not, for which, or for
the consequences 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, and shall pay salvage and
special charges incurred in respect of the goods.
If a salving ship is
owned or operated by the carrier, salvage shall be paid for as fully as if such
salving ship belonged to strangers. Such deposit as the carrier or its agents
may deem sufficient to cover the estimated contribution and any salvage and
special charges shall, if required, be made by the goods, shippers, consignees
or owners of the goods to the carrier before delivery.
PORT NOT EXPECTED
Whenever the carrier or
the master may deem it advisable or in any case whether the goods are consigned
to a point where the ship does not expect to discharge, the carrier or master
may, without notice forward the goods before or after loading at the original
port of shipment, or any other place even though outside the scope of the
voyage or the route to or beyond the port of discharge or the destination of
the goods, by any vessel, vessels, or other means of transportation by water or
by land or by both such means, whether operated by the carrier or others and
whether departing or arriving or scheduled to depart or arrive before or after
the ship expected to be used for the transportation of the goods.
The carrier shall be
considered solely the forwarding agent of the shipper in making arrangements
for any transshipping or forwarding vessel or means of transportation not
operated by the carrier.
The carriage by any
transship or forwarding carrier and all transshipping or forwarding shall be
subject to all the terms in the regular form bill of lading, freight note,
contract, or other shipment document used at the time by such carrier, whether
issued for the goods or not, and even though such terms may be less favorable
to the shipper or the consignee than the terms of this bill of lading and may
contain more stringent requirements as to notice of claim or commencement of
suit and may exempt the non-carrier from liability for negligence.
The shipper authorizes
the carrier to arrange with any such transshipping carrier that the lowest
valuation of goods or limitation of liability contained in the bill of lading
or shipping document of such carrier will apply even though lower than the
valuation of limitation herein. Pending or during transshipment the goods may be
stored ashore or afloat at their risk and expense and the carrier shall not be
liable for detention damages.
GENERAL ORDER FOR
DISCHARGE
Port authorities are
hereby authorized to grant a general order for discharging immediately upon
arrival of the ship and the carrier, without giving notice either of arrival or
discharge, may discharge the goods directly when they come to land, at or onto
any wharf, craft, or place the carrier may select, and continuously, Sundays
and holiday included, at all hours as the carrier may determine what the state
of the weather or the custom of the port may be.
HEAT OR REFRIGERATION
The carrier shall not
be liable under any circumstances if heat or refrigeration or special cooling
facilities are not furnished during loading or discharge or any part of the
time that the goods are upon the wharf, craft, or other loading or discharging
place. All lighterage and use of craft in discharging shall be at the risk and
expense of the goods. Landing and delivery charges and pier charges shall be at
the expense of the goods unless included in the freight herein provided for.
COLLECTION OF THE GOODS
If the goods are not
taken away by the consignee by the expiration of the next working day after the
goods are at consignee’s disposal, the goods may, at the carrier’s option and
subject to the carrier’s lien, be sent to storage or warehouse, or be permitted
to lie where landed, but always at the expense and risk of the goods.
CUSTOMS AUTHORITIES
The responsibility of
the carrier in all capacities shall cease and the goods shall be considered to
be delivered and at their own risk and expense in every respect when taken into
the custody of customs or other authorities. The carrier shall not be required
to give any notice of the disposition of the goods.
LEADING MARKS
The carrier shall not
be liable for the failure to deliver in accordance with leading marks unless
such leading marks have been clearly and durably stamped or marked by the
shipper, before shipment of the goods or packages, in letters and numbers not
less than _______________________ inches in height, together with the name of
the port of discharge. Goods that cannot be identified as to marks or numbers,
cargo sweepings, liquid residue, and any unclaimed goods not accounted for
shall be allocated for complete delivery to the various consignees of goods of
like character in proportion to any apparent shortage, loss of weight or
damage.
MENDING, BAILING AND
OTHER EXPENSES
The goods shall be
liable for all expense of mending, cooperage, bailing or reconditioning if the
goods or packages in gathering of loose cargo or contents of packages, also for
any payment, expenses, fines, dues, duties, taxes, impost, losses, damages or detentions
sustained or incurred by or levied upon the carrier or the ship in connection
with the goods, howsoever caused, including any action or requirement of any
government or governmental authority purporting to act under the authority
thereof, seizure under legal process or attempted seizure, incorrect or
insufficient marking, numbering or addressing of packages or description of the
contents, failure of the shipper to procure consular, board of health or other
certificates to accompany the goods or to comply with the laws or regulations
of any kind imposed with respect to the goods or to comply with the laws or
regulations of any kind imposed with respect to the goods by the authorities at
any port or place or any acts or omission of the shipper or consignee.
WEIGHT
Freight shall be
payable on actual gross intake weight or measurement or, at the option of the
carrier, on the actual gross discharged weight or measurement. Freight may be
calculated on the basis of the particulars of the goods furnished by the
shipper herein, but the carrier may, at any time, open the packages and
examine, weigh, measure and value the goods.
In case the shipper’s
particulars are found to be erroneous, and additional freight is payable, the
goods shall be liable for any expenses incurred for examining, weighing,
measuring or valuing the goods. Full freight shall be paid on damaged or
unsound goods. Full freight to port of discharge named herein shall be
considered completely earned on receipt of the goods by the carrier, whether
the freight be stated or intended to be prepaid or collected at the
destination. The carrier shall be entitled to all freight and charges due
hereunder, whether actually paid or not, and to receive and retain them under
all circumstances whatsoever and the ship or cargo, or both are lost or not
lost.
If there is a forced
interruption or abandonment of the voyage at the port of shipment or elsewhere
any forwarding of the goods or any part thereof shall be at the risk and
expense of the goods. All unpaid charges
shall be paid in full and without any offset, counterclaim or deduction in the
currency of the country of the port of shipment, or, at the option of the
carrier, in the currency of the port of discharge at the demand rate of the
______________________ exchange as quoted on the day of entry of the ship at
the Customs House of her port of discharge. The carrier shall have a lien on
the goods, which shall provide delivery, for all charges due hereunder and may
enforce this lien by public or private sale without notice. The shipper and
consignee shall be jointly and severally liable to the carrier for the payment
of all charges and for the performance of the obligation of each of them
hereunder.
FIRE LIABILITY
Neither the carrier nor
any corporation owned by, subsidiary to or associated or affiliated with the
carrier shall be liable to answer for or make goods any loss or damages to the
goods occurring at any time, including though before loading on or after
discharge from the ship, by reason or means of a fire, unless such fire shall
be caused by its design or neglect.
LOSS OR DAMAGE
In case of any loss or
damage to or in connection with the goods exceeding in actual value
$______________________ U.S. Dollars (_________________________________________
& ______/100 U.S. Dollars), per
package, or in the case of goods not shipped in packages, in case of goods not
shipped in packages, their customary freight unit therefore, the value of the
goods shall be deemed to be $______________________ U.S. Dollars
(_________________________________________ & ______/100 U.S. Dollars) per package or unit, on which basis
the freight is adjusted and the carrier’s liability, if any, shall be deemed on
the basis of a value of $______________________ U.S. Dollars (_________________________________________
& ______/100 U.S. Dollars) per
package or per customary freight unit, or pro rata in case of partial loss or
damage, unless the nature of the goods and an evaluation higher than
$______________________ U.S. Dollars
(_________________________________________ & ______/100 U.S. Dollars) shall
have been declared in writing by the shipper upon delivery to the carrier and
inserted in this bill of lading and extra freight paid if required and in such
case if the actual value of the goods or package or per customary freight unit
shall exceed such declared value and the carrier’s liability, if any, shall not
exceed such declared value, the value shall nevertheless be deemed to be the
declared value and the carrier’s liability, if any, shall not exceed the
declared value and any partial loss or damage shall be adjusted pro rate on the
basis of such declared value.
In the view of the
difficulty of ascertainment of the exact market value at the port of
destination, it is hereby agreed that the market value shall be deemed to be
the invoice value whether such invoice shall be higher or lower than the exact
market value.
NOTICE OF LOSS
Unless notice of loss
or damages and the general nature of such loss or damage be given in writing to
the carrier or its agent at the port of discharge before or at the time of the
removal of the goods into the custody of the person entitled to removal of the
goods into the hands of the person entitled to delivery thereof under the
contract of carriage, such removal shall be prima facie evidence of delivery by
the carrier of the goods as described in the bill of lading. If the loss or
damages is apparent the notice may be given no later than _____________________
days of the delivery.
The carrier and ship
shall be finally discharged from all liability in respect to loss or damage
unless suit is brought within ____________________ after the delivery of the
goods or when the goods should have been delivered.
INTEGRATION CLAUSE
All agreements or
freight engagements for the shipment of the goods are superseded by this bill
of lading. Nothing in this bill of
lading shall operate to limit or deprive the carrier of any statutory
protection or exemption from, or limitation of liability. If required by the
carrier, one signed bill of lading duly endorsed must be surrendered to the
agent of the ship at the port or discharge in exchange for delivery order.
NUMBER OF BILLS
The master or agent of
said vessel has signed ____________________ bills of lading, all of this tenor
and date, and if one is accomplished, the others shall be void.
Dated:
________________________
Signed at:
_______________________________
By:
_____________________________________
Title:
__________________________________
Bill of Lading
Review List
This review list is provided to inform you about this
document in question and assist you in its preparation. This is a complex bill of lading for
important cargo. Standard forms are
available in stationery or office stores for use with repetitive shipments of
basic goods.
1. Make multiple copies. Give one to each signing party.
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