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Negotiable Order Bill Of Lading-Carriage Of Goods By Sea Act
NEGOTIABLE ORDER BILL OF LADING-CARRIAGE OF GOODS BY SEA ACT
Shipper: [Shipper]
Consignee: [Consignee]
Port of Loading: [Port of Loading]
Arrival notice to be addressed to: [Arrival notice to be addressed to]
Port of discharge from ship: [Port of discharge from ship]
Destination of goods, if goods to be transhipped at port of discharge: [Destination of goods]
Scope of voyage: [Scope of voyage].
Leading marks: [Leading marks]
Quantity or number of pieces of packages: [Quantity of pieces]
Description of goods: [Description of goods]
Gross weight: [Gross weight]
Measurements: [Measurements]
Received by the carrier, from the shipper, above named, the goods or packages said to contain goods enumerated above in apparent good order and condition unless otherwise indicated in this bill of lading, to be transported subject to all the terms of this bill of lading with liberty to proceed via any port or ports within the scope of the voyage described in this instrument, to the port of discharge or so near to it as the ship can safely get and leave, always afloat at all stages and in all conditions of water and weather, and there to be delivered or transhipped on payment of the charges on such goods. If the goods in whole or in part are shut out from the ship named in this bill of lading for any cause, the 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 carriers option, of any other line.
It is agreed that the loading, custody, and carriage of the goods are subject to the following terms that shall govern the relations between the shipper, consignee, and the carrier, master and ship. None of the terms of this bill of lading shall be deemed to have been waived by the carrier unless by express waiver in writing signed by a duly authorized agent of the carrier:
1. This bill of lading shall have effect subject to the provisions of the Carriage of Goods by Sea Act of United States, and amendments to it, which shall be deemed to be incorporated in this bill of lading, and nothing contained in this bill of lading shall be deemed a surrender by the carrier of any of its rights or immunities or an increase of any of its responsibilities or liabilities under the Act. The provisions stated in the Act shall [except as otherwise specifically provided in this bill of lading] govern before the goods are loaded on and after they are discharged from the ship and throughout the entire time the goods are in the custody of the carrier. The carrier shall not be liable for any delay, nondelivery or misdelivery, or loss or damage to the goods occurring while the goods are not in the actual custody of the carrier.
2. In this bill of lading, the word ship shall include any substituted vessel, and any craft, lighter or other means of conveyance owned, chartered or operated by the carrier; the word carrier shall include the ship, her owner, operator, demise charterer, time charterer, master and any substituted carrier, whether the owner, operator, charterer, or master shall be acting as carrier or bailee; the word shipper shall include the person named as such in this bill of lading and the person for whose account the goods are shipped; the word consignee shall include the holder of the bill of lading, properly endorsed, and the receiver and the owner of the goods; the word charges shall include freight and all expenses and money obligations incurred and payable by the goods, shipper, or consignee.
3. The scope of voyage contracted for in this bill of lading shall include the usual or customary or advertised ports of call whether named in this contract or not, also ports in or out of the advertised, geographical, usual or ordinary route or order, even though in proceeding to it the ship may sail beyond the port of discharge or in a direction contrary to the port of discharge, or depart from the direct or customary route. The ship may call at any port for the purposes of the current voyage or the 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. The ship may, either with or without the goods on board, and before or after proceeding toward the port of discharge, adjust compasses, dry docks, go on ways or to repair yards, shift berths, take fuel or stores, remain in port, sale without pilots, tow and be towed, and save or attempt to save life or property, and all of the foregoing are included in the contract voyage.
4. In any situation, whether existing or anticipated before commencement of or during the voyage, which in the judgment of the carrier or master is likely to give rise to capture, seizure, detention, damage, delay or disadvantage to or loss, of the ship or any part of her cargo, or to make it unsafe, imprudent, or unlawful for any reason to begin or continue the voyage or to enter or discharge the goods at the port of discharge or to give rise to delay or difficulty in arriving, discharging at or leaving the port of discharge or the usual place of discharge in such port, the master, whether or not proceeding toward or entering or attempting to enter the port of discharge or reaching or attempting to reach the usual place of discharge or attempting to discharge the goods there, may, without giving any prior notice, discharge the goods into depot, craft, or other place and the goods shall be liable for any extra expenses incurred; or the master may proceed or return, directly or indirectly, to or stop at such other port or place as he or she or the carrier may consider safe or advisable under the circumstances and discharge the goods or any part of them without giving any prior notice and, when landed as provided above, the goods shall be at their own risk and expense. The delivery by the carrier shall be considered complete and the carrier shall be free from any further responsibility except to mail notice of the disposition of the goods directed to the shipper or consignee named in this bill of lading at the address stated in this instrument; or the master may retain the cargo on board until the return trip or until such time as he [or she] or the carrier thinks advisable; or the master may forward the goods by any means by water or by land, or by both such means, 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.
5. The carrier, master and ship shall have the liberty to comply with any orders or directions as to loading, departure, arrival, routes, ports of call, stoppage, discharge, destination, or delivery given by the government of any nation or department thereof or any person acting or purporting to act with the authority of such government or of any department thereof, or by any committee or person having, under the terms of the 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. The ship may carry contraband, explosives, munitions, warlike stores, hazardous cargo, and may sail armed or unarmed and with or without convoy.
6. Unless otherwise stated in this bill of lading, the description of the goods and the particulars of the package mentioned in this bill are those furnished in writing by the shipper, and the carrier shall not be concluded as to the correctness of leading marks, numbers, quantity, weight, gauge, measurements, contents, nature, quality or value. Single pieces or packages exceeding [4480] pounds in weight shall be liable to pay extra charges in accordance with tariff rates in effect at the time of shipment for loading, handling, transshipping or discharging and the weight of each such piece or package shall be declared in writing by the shipper on shipment and clearly and durably marked 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, loss or damage arising from the shippers failure to declare and mark the weight of any such piece or package or from incorrectly declaring or marking the weight of any such piece or package.
7. Goods may be stowed in poop, forecastle, deck house, shelter deck, 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 of goods carried on deck and stated 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 respects 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 notwithstanding Section 1.c of the Act. Specially heated or specially cooled stowage is not to be furnished unless contracted for at an increased freight rate.
8. Live animals, birds and fish are received and carried at the shippers risk of accident or mortality. The carrier shall not be liable for any loss or damage to such shipment 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 good, and shall be subject to all the terms and provisions in this bill of lading relating to goods.
9. 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 the servants of the carrier in the navigation or in the management of the ship, the owners of the goods carried under this instrument 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, of the owners of the goods, paid or payable by the other or non-carrying ship or her owner to the owners of the 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.
10. General Average shall be adjusted and payable at New York according to 1924 York-Antwerp Rules, F and 1 to 15 and 17 to 22, all inclusive, and, as to matters not provided for in those rules, according to the laws and usages at the port of [Laws of Port] and the General Average shall be prepared by average adjusters selected by the carrier, the 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 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 or ships belonged to strangers.
Such deposit as the carrier or its agents may deem sufficient to cover the estimated contribution of the goods and any salvage and special charges on them shall, if required, be made by the goods, shippers, consignees, or owners of the goods to the carrier before delivery.
11. Whenever the carrier or the master may deem it advisable or in any case where the goods are consigned to a point where the ship does not expect to discharge, the carrier or master may, without notice, forward the whole or any part of the goods before or after loading at the original port of shipment, or any other place or places 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, in making arrangements for any transshipping or forwarding vessel or means of transportation not operated by the carrier shall be considered solely the forwarding agent of the shipper and without any other responsibility.
The carriage by any transshipping or forwarding carrier and all transshipment or forwarding shall be subject to all the terms in the regular form of the bill of lading, freight note, contract, or other shipping 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 expressly authorizes the carrier to arrange with any such transshipping or forwarding carrier that the lowest valuation of goods or limitation of liability contained in the bill of lading or shipping document of such carrier shall apply even though lower than the valuation of limitations in this bill of lading. 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.
12. The port authorities are hereby authorized to grant a general order for discharging immediately on arrival of the ship and the carrier, without giving notice either of arrival or discharge, may discharge the goods directly they come to hand, at or onto any wharf, craft, or place the carrier may select, and continuously, Sundays and holidays included, at all such hours by day or by night as the carrier may determine no matter what the state of the weather or the custom of the port may be.
The carrier shall not be liable in any respect if heat or refrigeration or special cooling facilities shall not be furnished during loading or discharge or any part of the time that the goods are on 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 provided for in this bill of lading.
If the goods are not taken away by the consignee by the expiration of the next working day after the goods are at his or her disposal, the goods may, at the carriers option and subject to the carriers lien, be sent to storage or warehouse, or be permitted to lie where landed, but always at the expense and risk of the goods.
The responsibility of the carrier in any capacity shall altogether 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 notification of disposition of the goods.
13. The carrier shall not be liable for the failure to deliver in accordance with leading marks unless such leading marks shall have been clearly and durably stamped or marked by the shipper before shipment on the goods or packages, in letters and numbers not less than [two] inches high, 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 otherwise 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.
When grain is stowed, without separation from other grain ships provided by the same shipper or by other shippers, any loss or damage to the combined shipment shall be divided in proportion among the several shipments.
14. The goods shall be liable for all expense of mending, cooperage, bailing or reconditioning of 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 on the carrier or the ship in connection with the goods, including any action or requirement of any government or governmental authority or person purporting to act under the governmental authority, 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 by the authorities at any port or place or any acts or omission of the shipper or consignee.
15. 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, but the carrier may, at any time, open the packages and examine, weigh, measure, and value the goods.
In case the shippers particulars are found to be erroneous and additional freight is payable, the goods shall be liable for any expenses incurred for examining, weighing, measuring, and valuing the goods. Full freight shall be paid on damaged or unsound goods. Full freight to port of discharge named in this instrument 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 destination.
The carrier shall be entitled to all freight and charges due under this bill of lading, whether actually paid or not, and to receive and retain them under all circumstances ship andor cargo lost or not lost.
If there shall be a forced interruption or abandonment of the voyage at the port of shipment or elsewhere any forwarding of the goods or any part of them shall be at the risk and the 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 [New York] exchange as quoted on the day of the 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 under this document and may enforce this lien by public or private sale and 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 under this document.
16. 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 good any loss or damage to the goods occurring at any time and even though before loading on or after discharge from the ship, by reason or by means of any fire, unless such fire shall be caused by its design or neglect.
17. In case of any loss or damage to or in connection with goods exceeding in actual value $ [Minimum loss] Dollars, per package or, in case of goods not shipped in packages, her customary freight unit, the value of the goods shall be deemed to be $ [Value of the goods per package] Dollars per package or per unit, on which basis the freight is adjusted and the carriers liability, if any, shall be determined on the basis of a value of $[Insurance value of the goods per package] 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 $[Evaluation of goods] Dollars shall have been declared in writing by the shipper on 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 per package or per customary freight unit shall exceed such declared value, the value shall nevertheless be deemed to be the declared value and the carriers liability, if any, shall not exceed the declared value and any partial loss or damage shall be adjusted pro rata on the basis of such declared value.
In view of the difficulty of the ascertainment of the exact market value at the port of destination, it is 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.
18. Unless the notice of loss or damage and the general nature of such loss or damage be given in writing to the carrier or his or her 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 delivery 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 damage is not apparent the notice must be given within [notice in days of damage] days of the delivery.
In any event the carrier and the ship shall be discharged from all liability in respect of loss or damage unless suit is brought within [Period to sue] after the delivery of the goods or the date when the goods should have been delivered.
19. All agreements or freight engagements for the shipment of the goods are superseded by this bill of lading. All its terms, whether written, typed, stamped or printed, are accepted and agreed by the shipper to be binding as fully as if signed by the shipper, any local customs or privileges to the contrary notwithstanding.
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 of discharge in exchange for delivery order.
In witness whereof, the master or agent of the said vessel has signed (3) bills of lading, all of this tenor and date, and if one is accomplished, the others shall be void.
Dated at [Date of agreement]
Signature Date