OCEAN FREIGHT TERMS AND CONDITION

 

1. DEFINITIONS

“Merchant” includes the consignor, the shipper, the receiver, the consignee, the owner of the Goods, the lawful holder or endorsee of this Bill of Lading, or any other person having any present or future interest in the Goods or this Bill of Lading, or anyone authorized to act on behalf of any of the foregoing.

 

“Vessel”, where the context so admits, includes the Vessel named in Box.6 of this Bill of Lading or any substitute there for, and any feeder vessel, lighter or barge used by or on behalf of the Carrier in connection with any seaborne leg of the carriage.

 

“Sub contractor” includes owners and operators of vessels (other than the Carrier), stevedores, terminal, warehouse, depot and group age operators, road and rail transport operations and any independent contractor employed by the Carrier in the performance of the carriage and any sub-contractor thereof. The expression sub-contractor shall include direct and indirect Sub-contractors and their respective servants, agents or Sub-contractors.

 

“Goods” means the whole or any part of the cargo received from the Merchant and includes any Container not supplied by or on behalf of the Carrier.

 

“Package” means each Container which is stuffed and sealed by or on behalf of the Merchant, and not the items packed in such Container if the number of such items is not indicated on the front of this Bill of Lading or is indicated by the terms such as “Said to contain” or similar expressions.

 

“Shipping Unit” means any physical unit of cargo not shipped in a package but described in Bill of lading, including machinery, vehicles and boats, except goods shipped in bulk.

 

“Container” includes any Container, open top trailer, transportable tank, flat rack, platform, pallet, and any other equipment or device used for or in connection with the transportation of the Goods.

 

• CARRIER’S TARIFF

 

The terms of the Carrier’s applicable Tariff and other requirement charges are incorporated into this Bill of lading. Particular attention is drawn to the terms contained therein, including, but not limited to, free storage time, Container and vehicle demurrage, etc. Copies of the relevant provisions of the applicable Tariff are obtainable from the Carrier or his agents upon request. In case of any inconsistency between this Bill of Lading and the applicable Tariff, this Bill of Lading shall prevail.

 

• SUB-CONTRACTING, INDEMNITY AND CERTAIN DEFENSES, EXEMPTIONS AND LIMITATIONS

 

(1) The Carrier shall have the right at any time and on any terms whatsoever to sub-contract the whole or any part of the carriage with any Sub-contractor and/or to substitute any other vessel or means of transport for the Vessel.

 

(2)The Merchant undertakes that no claim of legal action whatsoever shall be made or brought against any person by whom the carriage is performed or undertaken (including, but not limited to the Carrier’s servants, agents of Sub-contractors) other that the Carrier, which imposes or attempts to impose upon any such person, or any vessel owned or operated by such person, any liability whatsoever in connection with the Goods or the carriage thereof whether or not arising out of negligence on the part of such person. Should any such claim or legal expenses on a full indemnity basis. Without prejudice to the foregoing, every such person or vessel, including but not limited to the Carrier’s servants, agents, or Sub-contractors as defined in Clause 1 above shall have the benefit of every exemption, defense and limitation herein contained applicable to the Carrier, in contract or in tort, as such provision were expressly contracted for its benefit, and in entering into this contract, the Carrier, to the extent of such exemptions, defenses limitations, does so not only on its behalf, but also as an agent and trustee of such person of vessel.

 

• CARRIER’S RESPONSIBILITY

(1) Port to port shipment    If boxes 6,7 and 8 but not boxes 4,5 and 9 are filled in on the front Bill of Lading, this Bill of Lading is a Port-to- Port contract. The Carrier shall be responsible for the Goods as Carrier from the time when the Goods are received by the Carrier at the Port of Loading until the time of wherever the vessel has been arrived for delivery thereof at the port of discharge to the Merchant or to the Authority as required by, local laws of regulations, whichever occurs earlier.

 

(2) Combined Transport.    If box 4, box 5 and/or box 9 are filled in on the front of this Bill of Lading and the place(s) or port(s) indicated therein Is/are place(s) or Port(s) other than that indicated in box 7 and box 8 and Freight is paid for combined transport, this Bill of Lading is a document which serves as a combined transport contract. The Carrier undertakes to arrange or procure the pre-carriage and/or on carriage segments of the combined transport. All claims arising from the combined transport carriage must be filled with the Carrier within 9 months after the delivery of the Goods or the date when the Goods should have been delivered, failing which the Carrier shall be discharged from all liabilities whatsoever in respect of the Goods. If any payment is made by the Carrier to the merchant in respect of any claim arising under the combined transport carriage the Carrier shall be automatically subrogated to or given all right of the Merchant against all others including pre-carrier may have against a pre-carrier of Sub-contractor for indemnify or otherwise.

 

5. NOTICE OF CLAIM AND TIME BAR

 

(1) Unless notice of loss or damage is given in writing to the Carrier or its agent at the port of Discharge or Place of Delivery before or on the date of delivery of the Goods, or if loss or damage is not apparent, within 15 consecutive days thereafter, such delivery shall be prima facie evidence of the delivery of the Goods by the Carrier and/or on-carrier in apparent good order and condition as described in this Bill of Lading.

 

(2) The Carrier, its servants, agents and Sub-contractor shall be discharged from all liabilities whatsoever unless suit is brought within one year of the Goods from the date when the Goods should have been delivered.

 

6. LOSS OR DAMAGE

 

(1) The terms of this Bill Lading shall at all times govern all responsibilities of the Carrier in connection with or arising out of the carriage of the Goods not only during the carriage, but also during the period prior to and/or subsequent to the carriage as stipulated. The exemptions from liability, defenses and limitation of liability provided for herein or otherwise shall apply in any action against the Carrier for loss or damage or delay, howsoever occurring and whether the action is founded in contract or in tort and even if the loss, damage or delay arose as a result of unseaworthiness, negligence or fundamental breach of contract. Save as is otherwise provided herein, the Carrier shall in no circumstances whatsoever and howsoever arising be liable for such loss or damage or loss of profits reasonably.

 

(2) The Carrier does not undertake that the Goods will be transported from or loaded at the place of receipt or loading or will arrive at the place of discharge, destination or transshipment aboard any particular vessel or other conveyance at any particular date or time or to meet any particular market or in time for any particular use. Scheduled or advertised departure and arrival times are only expected times and may be advanced or delayed if the Carrier shall find it necessary, prudent or convenient. The Carrier shall in no circumstances whatsoever and howsoever arising be liable for loss and damage or any consequential loss or damage caused by delay.

 

(3) If the stage of the combined transport during which loss or damage occurred can be determined, the liability of the Carrier shall be governed by the national law(s)and /or international convention(s) applicable thereto. If the combined transport during which loss or damage occurred cannot be determined, the Merchant and the Carrier agree that it shall be deemed that the loss or damage occurred board the Carrier’s vessel. In either case, Clauses 5(2) and 7 shall apply.

 

(4) Furthermore, the Carrier shall not in any event by under any liability whatsoever for any special, incidental, indirect, consequential or economic loss or damage (including without limitation loss of market, profit, revenue, business or goodwill).

 

• LIMITATION OF LIABILITY

 

(1) Except as provided for in Clause 7(2), this Bill of Lading shall be subject to the provisions of the Maritime Code of the people’s Republic of China as provided for in Clause 26(1) Neither the Carrier, its servants, agents Sub-contractors nor the Vessel shall in any event be liable for any loss of or damage to the Goods in any amount exceeding the limits per package or unit prescribed by that Code, unless the nature and value of the Goods have been declared by the Merchant before or at the taking of shipment and clearly inserted in this Bill of Lading(Box 12) but subject to that the Merchant has paid additional Freight on such declared nature and value.

 

(2) Where carriage includes carriage to or from or through a port or place in the United States of America, this Bill of Lading shall be subject to the provisions of the United States Carriage of Goods by Sea Act, 1936 (US COGSA) and any amendments thereto, as provided for in Clause 26(2) hereof. In such event, neither the Carriers nor its servants, agents, Sub-contractors and/or the Vessel shall in any event be liable for any loss of or damage to the Goods in an amount exceeding the limits per package or unit prescribed by US COGSA, unless the nature and value of the Goods have been declared by the Merchant before shipment and inserted in this Bill of Lading (Box 10) and the Merchant has paid additional Freight on such declared value.

 

(3) If a legal regime other than the Maritime Code of the People’s Republic of China or US COGSA is compulsorily applied to this Bill of Lading, the liability of the Carrier, if any, shall not exceed the limits per Package or Shipping Unit prescribed therein, unless the nature and value of the Goods have been declared by the Merchant before shipment and inserted in this Bill of Lading (box 12) and the Merchant has paid additional freight on such declared nature and value.

 

(4) In no case whatsoever shall the liability of the Carrier howsoever arising and notwithstanding any lack of explanation exceed the value of the relevant goods or a sum of RMB$200.00 per shipping package or unit or RMB $10.00 per (weight) kilogram, whichever is the least.

 

(5) For the purpose of this Clause 7 the declared nature and value shall be the basis for the Carrier to determine the liability of the Carrier to determine the liability of the Carrier any provided that such declared value shall not be conclusive on the Carrier, and further provided that such declared nature and value does not exceed the true value of the Goods at destination. Any partial loss or damage shall be adjusted pro-rate on the basis of such declared value.

 

8. FIRE

 

The Carrier shall not be liable for any loss of or damage to the Goods occurring at any time, including that before loading or after discharge, however, by reason of whatsoever nature of fire, unless such fire is caused by making use of such action by the actual fault of the Carrier.

 

9. CARRIER’S CONTAINERS

 

(1) Goods received in break bulk will be stuffed by the Carrier in Containers and the Carrier shall have the right to carry any Containers, whether or not stuffed by the Carrier on deck or below deck. All such Goods shall participate in General Average. The terms of this Bill of Lading, including the Martine Code of the People’s Republic of China and the US COGSA as provided for in Clause 26, shall apply to Containers carried on deck.

 

(2) If Carrier’s Containers and equipment are used by the Merchant for pre-carriage of unpacked at the Merchant’s premises, the Merchant is responsible for returning the empty Containers, with interiors brushed，clean and free of smell to the point or place designated by the Carrier, its servants of agents, within the time prescribed in the Tariff and/or required by the Carrier. Should a Container not be returned within the aforesaid time, the Merchant shall be liable for any detention, demurrage, loss or expenses whith may arise from such non-return.

 

• The Merchant shall be liable for any loss of damage to Carrier’s Containers and other equipment while in the custody of the Merchant or anyone acting on the Merchant behalf. The Merchant shall also be liable during such period for any loss of damage to the property of others or for any injuries or death and the Merchant shall indemnify and hold the Carrier harmless against all damages whatsoever nature and howsoever arise, including, legal expenses, incurred from any and all such claims arising during such periods.

 

10. MERCHANT-STUFFED CONTAINER

 

(1) If a Container has not been stuffed by on behalf of the Carrier, the Carrier shall not be liable for loss of or damage to the Goods 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, loaded or stuffed, or

 

(b) the unsuitability of the Goods for carriage in the Container, of

 

(c) the unsuitability of detective condition of the Container, provided that, if the Container had been supplied by or on behalf for the Carrier this unsuitability of defective condition could have been apparent upon inspection by the Merchant at or prior to the time when the Container was filled, packed, loaded or stuffed.

 

(2) If a container stuffed by Merchant is delivered by the Carrier with its seal intact, such delivery shall constitute full and complete performance of the Carrier’s obligations hereunder and the Carrier shall not be liable for any loss of shortage of the Goods ascertained at delivery.

 

(3) The Merchant shall inspect containers before stuffing them and the use of a Container shall be prima facie evidence of its being suitable and without defect.

 

11. MERCHANTS DESCRIPTION

 

(1) the merchant’s description of the goods stuffed in a sealed container by the merchant, or on his behalf, shall not be binding on the Carrier, and the description declared by the merchant on the front of this bill of lading is information provided by the merchant solely for its own use including but not limited to the use of its freight forwarder. It is understood by the merchant that the carrier has not verified the contents, weight or measurement of a sealed container, and the carrier makes no representation as to the contents of a sealed container, van, crate or box hereunder, nor its weight or measurement, nor the value, quantity, quality, description, condition, marks or number of the contents thereof, the Carrier shall be under no responsibility whatsoever in respect of such description or particulars.

 

(2) If any particulars of any letter of credit and/or import license and/or sales contract and/or invoice or order number and/or details of any contract to which the Carrier is not a party are shown on the front of this bill of lading, such particulars are included solely at the request of the merchant for its convenience, the merchant agrees that the inclusion of such particulars shall not be regarded as a declaration of value and shall in no way affect the Carrier’s liability under this bill of lading, the merchant acknowledges that, except as provided for in clause 7 hereof, the value of the goods is unknown to the Carrier.

 

12. MERCHANTS RESPONSIBILITY

 

(1) The parties defined as “Merchant” in Clause 1 hereof shall, where applicable, be jointly and severally liable to the Carrier for the due fulfillment of all obligations undertaken by any of them under this Bill of Lading.

 

(2) The Merchant warrants to the Carrier that the particulars relating to the Goods as set forth on the front of this Bill of Lading have been checked by the Merchant on receipt of this Bill of Lading and that such particulars furnished by or on behalf of the Merchant, are adequate and correct. The Merchant also warrants that the Goods are lawful Goods and not contraband.

 

(3) The Merchant shall indemnify the Carrier against all liabilities, costs, losses, damages, fines, penalties, expenses or other sanctions of a monetary nature arising or resulting from any breach of the warranties in Clause 12(2) hereof of from any other cause in connection with the Goods for which the Carrier is not responsible.

 

(4) The Merchant shall comply with all regulations of requirement of customs, port and other Authorities, and shall bear and pay all duties, taxes, fines, imposts, expenses of losses(including the full return Freight for the Goods if returned, of if on-carried, the full Freight from the Port of Discharge or the place of Delivery nominated herein to the amended Port of Discharge or the amended Place of Delivery) incurred and/or sustained by reason of any failure to so comply or by reason of any illegal, incorrect or insufficient marking numbering or addressing of the Goods, and shall indemnify the Carrier in Respect thereof.

 

13. FREIGHT AND CHARGES

(1) All Freight shall be deemed fully, finally and unconditionally earned on receipt of the Goods by the Carrier and shall be paid and non- returnable in any event whatsoever.

 

(2) All Freight and charges shall be paid without an set-off, counter-claim, deduction, or stay of execution before delivery of the Goods.

 

(3) The Merchant’s attention is drawn to the stipulations concerning currency in which the Freight is to be paid, rate of exchange, devaluation and other contingencies concerning the Freight in the applicable Tariff or as agreed otherwise.

 

(4) If the Merchant’s description of the Goods in this Bill of Lading or in any documents or certificates furnished to the Carrier by or on behalf of the Merchant shall prove to have been inaccurate, incorrect or misleading in any respect, the Merchant shall pay for the actual damage suffered by the Carrier.

 

(5) Payment of Freight and charges to any freight forwarder or broker, or anyone other than the Carrier or its authorized agent, shall not be considered as payment to the Carrier and shall be made at the Merchant’s sole risk.

 

(6) The parties defined as Merchants in clause 1 hereof shall where applicable, be jointly and severally liable to the Carrier for payment of all Freight, demurrage, General Average and charges including, but not limited to court costs, expenses and reasonable attorney’s fees incurred in collecting sums due the carrier, failing which shall be considered as a default by the Merchant, in the payment of Freight and charges.

 

14. INSPECTION OF THE GOODS

 

The Carrier and/or any person to whom the Carrier has sub-contracted the carriage or any person authorized by the Carrier shall be entitled, but under no obligation, to open any container or Package at any time and to inspect the Goods. If by order of the authorities at an place, a container must be opened for inspection, the Carrier shall not be liable for any loss or damage incurred as a result of any opening, unpacking, inspection or repacking. The Carrier shall be entitled to recover the cost of such opening unpacking inspection, and repacking from the Merchant.

 

15. CARRIAGE AFFECTED BY CONDITION OF THE GOODS

 

If it appears at anytime that the Goods cannot safely or properly be carried further, either at all or without incurring any additional expense or taking any measure(s)in relation to the Goods or the Container, the Carrier may without notice to the Merchant (but as its agent only) take any measure(s) and /or incur any additional expense to carry or to continue the carriage thereof, and/or sell or dispose of the Goods, and / or abandon the carriage and/or store them ashore or afloat, under cover or in the open, at any place whichever the Carrier in his absolute discretion considers most appropriate, which abandonment, storage, sale or disposal thereof shall be deemed to constitute due delivery under this Bill of Lading. The Merchant shall indemnify the Carrier against any additional expense so incurred.

 

16. LIENS

 

The Carrier shall have a lien on the Goods and any documents relating thereto for Freight, dead Freight demurrage, detention, and for any expenses incurred by the Carrier for recomparing, repacking, remarking, fumigation or required disposal of faulty Goods, for General Average contributions to whomsoever due, for fines, dues, tolls, land Freight, or commissions paid or advanced by the Carrier on behalf of the Goods. The Carrier’s lien shall survive discharge or delivery of the Goods and the Carrier shall have the right to enforce such lien by public auction or private sale in its discretion. Should the proceeds of sale fail to cover the amount due, including expenses incurred, the Carrier shall be entitled to recover the balance from the Merchant. Should such proceeds exceed the amount due, the balance shall be returned to the Merchant.

 

17. DECK CARGO, ANIMALS AND PLANTS

 

GOODS (other than Goods stuffed in Containers) that are stated on the front of this Bill of Lading as contracted to be stowed “on deck” and are so carried, and all live animals, including fish and birds, or plants shipped hereunder, shall be carried solely at the risk of the Merchant, and the Carrier shall not be liable for any loss or damage of whatsoever nature arising during carriage by sea whether or not arising out of negligence on the part of the Carrier. The Carrier shall be bound to prove that he has fulfilled the special requirements of the Merchant with regard to the carriage of the live animals and that under that circumstances of the sea carriage, the loss or damage has occurred due to the special risks inherent therein. The Merchant shall indemnify the Carrier against all or any extra costs incurred of any reason whatsoever in connection with the carriage of such live animals or plants.

 

18. METHODS AND ROUTES OF CARRIAGE

 

The Carrier may at any time during the carriage

 

(1) Use any means of transport or storage whatsoever;

 

(2) Transfer the Goods from one conveyance to another including transshipment or carrying the same on another Vessel other than the Vessel named on the front of this Bill of Lading or by any other means of transport whatsoever.

 

Anything done in accordance with this Clause or any delay arising there from shall be deemed to be within the scope of the carriage and all not be a deviation.

 

19. MATTERS AFFECTING PERFORMANCE

 

If at any time the carriage is or is likely in thought of the master to be affected by any hindrance, risk, delay, difficulty or disadvantage of any kind, other than the inability of the Goods to be safely or properly carried or carried further, and howsoever arising(even though the circumstances giving rise to such matters as stated above existed at the time this contract was entered into or the Goods were received of shipment) the Carrier(whether, or not the carriage is commenced) may at his sole discretion and without prior notice to the Merchant:

 

(1) carry the Goods to the contracted Port of Discharge or Place of Delivery, whichever is applicable, by an alternative route from that indicated in this Bill of Lading or from that which is customary for Goods consigned to that Port of Discharge of Place of Delivery. If the Carrier elects to invoke the terms of this sub-Clause, then, notwithstanding the provisions of Clause 18 hereof, the Carrier shall be entitled to charge such additional Freight as the Carrier may determine, or

 

(2) suspend the carriage of the Goods and store them ashore or afloat upon the terms of this bill of lading and endeavor to forward them as soon as possible, but the Carrier makes no representation as to the maximum period of suspension. If the select Carrier to invoke the terms of this sub-Clause, then the carrier shall be entitled to the payment of such additional Freight as the Carrier may determine, or

 

(3) abandon the carriage of the Goods and place the Goods at the Merchant’s disposal at any port or place where the Carrier may deem safe and convenient, whereupon the responsibility of the Carrier in respect of such Goods shall entirely cease. The Carrier shall nevertheless be entitled to full Freight on the Goods received for shipment, and the Merchant shall pay any additional costs of the carriage to and delivery and storage at such port or place.

 

Where the Carrier elects to use an alternative route under Clause 19(1) or to suspend the damage under Clause 19(2) same shall not prejudice its right subsequently to abandon the Carriage.

 

20. DANGEROUS GOODS

 

At the time of shipment of Dangerous Goods, the Merchant shall in compliance with the regulations governing the carriage of such Goods, have the same property packed, distinctly marked and labeled and notifies the Carrier, the Carrier may have such Goods landed, destroyed or rendered innocuous when and where circumstances so required, without compensation. The Merchant shall be liable to the Carrier for any loss, damage or expense resulting from such shipment.

 

Notwithstanding the Carrier’s knowledge of the nature of the Dangerous Goods and its consent to carry, the Carrier may still have such Goods landed, destroyed or rendered innocuous, without compensation, when they become an actual danger to the Vessel, the crew and other persons on board or to other Goods. However, what mentioned in this Clause shall not prejudice the contribution in General Average if any.

 

21. SPECIAL，REFRIGERATED OR HEATED CONTAINERS

 

(1) Unless the Merchant and the Carrier agree in writing before shipment that specially ventilated, refrigerated or heated Containers will be used to ship the Goods and such agreement is noted on the front of this Bill of Lading, and the Merchant gives proper written notice to the Carrier of the Nature of the Goods and of the particular temperature range to be maintained and/or special attention required and the Merchant pays the extra Freight charged under the Carrier’s Tariff or as agreed, the Goods shall be carried in ordinary unventilated Containers.

 

(2) In case of a refrigerated Container stuffed by of Merchant undertakes that its thermostatic, ventilation or any other controls have been correctly set by the Merchant and that the temperature of Goods and the refrigerated Container has been brought to the required temperature level before stuffing and that the Goods have been properly stowed in the Container before the receipt thereof by the Carrier. If these requirements are not fully met, the Carrier shall not be liable for any loss of or damage to the Goods howsoever arising. The Merchant shall be responsible for the operation and maintenance of the Carrier’s Container while it is in the Merchant’s custody or the custody of anyone acting on the Merchant’s behalf.

 

(3) If a suggested temperature is noted on the front of this Bill of Lading, the Merchant shall deliver the Goods to the carrier and the noted temperature plus or minus 2’c permitted, and the Carrier shall exercise due diligence to maintain such temperature. Plus or minus 2’c while the Goods are in its actual possession.

 

(4) The Carrier does not warrant that the Container be properly ventilated, refrigerated or heated throughout the carriage, nor shall the carrier be liable for any loss of or damage to the Goods arising from any latent defects, any total or partial failure of breakdown, or stoppage of the refrigerating machinery, plant, insulation and/or any apparatus of the Container, Vessel, conveyance and any other facilities, provided that the Carrier shall before or at the beginning of the carriage exercise due diligence to maintain the refrigerated Container in an efficient sate.

 

(5) In case of the Merchant’s own container, a set of emergency kit and an operation manual shall be supplied by the Merchant.

 

22. NOTIFICATION AND DELIVERY

 

(1) Any mention herein 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 give rise to any liability on the part of the Carrier of 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 or as required by the Carrier.

 

(3) If the Merchant fails to take delivery of the Goods during 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, without prejudice to any rights which he may have against the Merchant, without notice and without any responsibility whatsoever attaching to him, unstuffy sell, destroy or dispose of the Goods at the sole risk and expense of the Merchant, and apply any proceeds of sale in reduction of the sums due to the Carrier from the Merchant. The aforesaid unstufling shall constitute due delivery hereunder and thereupon all liability whatsoever of the Carrier in respect of the Goods thereof shall cease.

 

(4) Where the Carrier is obliged to hand over the Goods so carried into the custody of the port, customs or any other Authorities at the Port of Discharge or Place of Delivery and the Goods are delivered by the same to the Merchant without necessity of production of the Bill of Lading by the Merchant as required by the local law, regulation and/or practice, such hand over shall constitute due delivery to the Merchant under this Bill of Lading and thereupon the lability to the Carrier in respect of the Goods shall entirely cease.

 

(5) Refusal by the Merchant to take delivery of the Goods in accordance with the terms of this Clause, notwithstanding its having been notified of the availability of the Goods for delivery, shall constitute an irrevocable waiver by the Merchant to the Carrier of all and any claims whatsoever relating to the Goods or the Carriage. The Merchant shall be liable for any losses, damages, expenses and liabilities incurred and sustained by the Carrier arising from such refusal, including but not limited to the return of the Goods to their place of origin.

 

23. GENERAL AVERAGE AND SALVAGE

 

(1) General Average shall be adjusted at any port or place at the Carrier’s option according to the York-Antwerp Rules 1974, as amended in 1990, and any other amendments there to. The Merchant shall give such cash deposit or, other security as the Carrier may deem sufficient to cover the estimated General Average contribution of the Goods before delivery.

 

(2) In the event of Master considering that salvage services are needed, the Merchant agrees that the Master shall act on its behalf to procure such services to Goods and that the Carrier may act on its behalf to settle salvage remuneration. The Merchant shall timely and fully provide cash deposit or other security to the salvor without affecting the schedule of the Vessel after the salvage, failing which the Merchant shall be liable for any losses arising there from and sustained by the Carrier.

 

24. BOTH-TO-BLAME COLLISION

 

The Both-to-blame Collision Clause currently published by the Baltic and International Maritime Conference is Deemed to be incorporated into this Bill of Lading.

 

25. NON-VESSEL-OPERATING COMMON CARRIERS

 

If this Bill of Lading is accepted by a Merchant as a non-vessel-operating common carrier (NVOCC),who has in Turn concluded other contracts of carriage with third parties, the NVOCC hereby warrants that the contracts Concluded by him in respect of the Goods subject to this Bill of Lading shall incorporate the terms and conditions Of this Bill of Lading. The NVOCC further warrants to indemnity the Carrier, its servants, agents and Sub-contractors against all consequences of his failure to do so.

 

26. LAW AND JURISDICTION

 

This Bill of lading is governed by the laws of the People’s Republic of China. All disputes arising under or in connection with this Bill of Lading shall be determined by the laws of the People’s Republic of China and any action against the Carrier shall be brought before the Guangzhou Maritime Court or other maritime courts in the People’s Republic of China, as the case may be.

 

27. VARIATION OF THE CONTRACT

 

No servant, agent or Sub-contractor of the Carrier shall have the power to waive or vary any terms of this Bill of Lading unless such waiver or variation is in writing and is specifically authorized or approved in writing by the Carrier.

 

28. NEW JASON CLAUSE

 

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 consequences of which, the Carrier is not responsible by statute, contract or otherwise, the Goods and the Merchant jointly and severally 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 the salving ship belonged to strangers.