Cargo Consolidator means the company named on front of this Bill of Lading as being the consolidator of Goods into the Container, C.C. and Agent who brings together a number of shipments for one destination.
“Merchant” includes the shipper, the consignee, the receiver of the Goods, the holder of this Bill of Lading, any person owning or entitled to the possession of the Goods or any person acting on behalf of any of the above mentioned persons.
“Goods” includes the cargo supplied by the Merchant for transport.
“Container” includes any container trader, transportable tank, lift van, flat, pallet or any similar article of transport used to consolidate goods.
“Charges” includes freight and all expenses and money obligations incurred and payable by the Merchant.
“Shipping Unit” includes freight unit ant the term “unit” as used int the Hague Rules and Hague-Visby Rules.
The Merchant warrants that in agreeing to terms here of he is – or is the agent of – and has the authority of the persons owing or entitled to the possessions of the Goods or any person who has a present or future interest in the Goods.
3.ISSUANCE OF BILL OF LADING
By issuance of this B/L the C.C.
a) undertakes to procure the performance of the entire transport, from the place at which the goods are taken in charge (place of receipt evidenced in this B/L) to the place of delivery designated in this B/L; if only the port of loading and port of discharge are mentioned on the reverse of this B/L same must be intended as port to port and not multimodal B/L.
b) assumes liability as set out in these conditions.
4.NEGOTIABILITY AND TITLE TO GOODS
This B/L is issued in a negotiable form unless it is marked “non negotiable”. It shall constitute title to the goods and the holder, by endorsement of this B/L, shall be entitled to receive or to transfer the goods herein mentioned.
5.1 The Merchant shall comply with rules which are mandatory according to the national law or by reason of International Convention, relating to the carriage of goods of a dangerous nature, and shall in any case inform the CC in writing of the exact nature of the danger, before goods of a dangerous nature are taken in charge by the CC and indicate to him, if needed, the precautions to be taken.
5.2 If the Merchant fails to provide such information and the CC is unaware of the dangerous nature of the goods and the necessary precautions to be taken and if, at any time, they are deemed to be hazard to life or property, the may at any place be unloaded, destroyed or rendered harmless, as circumstances, may require, without compensation. The Merchant shall indemnify the CC against all loss, damage, liability, or expenses arising out of their being taken in charge, or their carriage, or of any service incidental thereto. The burden of proving that the CC knew the exact nature of the danger constituted by the carriage of the said goods shall rest on the Merchant.
5.3 If any goods shall become a danger to life or property, the may in like manner be unloaded or landed at any place or destroyed or rendered harmless. If such danger was not caused by the fault and neglect of the CC he shall have no liability and the Merchant shall indemnify him against all loss, damage, liability and expenses arising therefrom.
6. DESCRIPTION OF GOODS ETC
6.1 The consignor shall be deemed to have guaranteed to the CC the accuracy, at the lime the goods were taken in charge by the CC, of all particulars relating to the general nature of the goods, their marks, number, weight, volume and quantity and, if applicable, to the dangerous character of the goods, as furnished by him or on his behalf for insertion on the B/L. The Consignor shall indemnify the CC against all loss, damage and expenses resulting from any inaccuracy or inadequacy of such particulars. The Consignor shall remain liable even if the B/L has been transferred by him. The right of the CC to such and indemnity shall in no way limit this liability under this B/L to any person other than the Consignor.
6.2 The CC shall not be liable for any loss, damage or expenses caused by defective or insufficient packing of goods or by inadequate loading or packing within containers or other transport units when such loading or packing has been performed by the Merchant or on his behalf by a person other than the CC, or by the defect or unsuitability of the containers or the transport units supplied by the Merchant, or if supplied by the CC if a defect or unsuitability of the container or other transport unit would have been apparent upon reasonable inspection by the
Merchant. The Merchant shall indemnify the CC against all loss, damage, liability and expense so caused.
Goods may be stuffed in containers by the CC, also with other goods no represented by the same B/L; if a container has not been stuffed by the CC this B/L shall be a receipt only for the Container(s) and the CC shall not be liable for loss or damage to the contents and the Merchant shall indemnify the CC against any injury, loss, damage, liability or expense incurred by the CC if caused by: 1) the manner in which the container has been filled, packed, or stuffed; 2) the unsuitability of the contents for the carriage in container; 3) the unsuitability or defective condition of the container which would have been apparent to Merchant upon reasonable inspection at or prior the lime of filling, packing, stuffing.
If container is supplied by the CC the Merchant is bound to reasonably inspect ii and its stuffing and using will be prima facie evidence that the container was sound and suitable for use.
Merchant is liable for demurrages and storage costs of containers (or other equipment supplied by CC) if same are not returned, within the allowed time, to the place indicated by the CC, stuffed and ready for shipment at the beginning of the voyage and empty at the end of the voyage. Allowed time of detention, Demurrages, storage costs and detentions fee are indicated in the CC’s General Conditions which are obtained from CC or its agent on request. If the general Conditions are not available free time is intended: 2 days at loading, 5 days at delivery. Demurrages are 15 $ per day for 20′ and 20 $ for 40′. Storage at the cost charged by the terminal or warehouse.
7.1 CC liability under this contract is confined to the operations expressly required by Merchant or his Freight Forwarder from lime to lime. CC does not undertake any responsibility as carrier nor as multimodal transport operator.
7.2 Collection receipt duly signed without remarks by haulier, clean Ocean bill of Lading, clean cargo receipt and any such documents will be prima facie evidence of the taking in charge of the Goods as herein described by the haulier, or the carrier or any part involved in the transport; and will be prima facie evidence od the correct and fall performance by the CC of his duties under this contract.
7.3 Notwithstanding the above responsibility of the CC shall not exceed 2 SDR per kilo of the gross weight of the Goods lost/damaged or the value of such Goods, whichever is lesser.
7.4 The defences and limits of liability provided for this Bill of Lading shall apply in any action against the CC whether the action be found in Contract or in Tort.
(A) Delay Consequential Loss, Save as otherwise provided herein, the C.C.shall in no circumstances be liable for direct indirect or consequential loss or damage caused by delay or any other cause whatsoever and howsoever caused.
Without prejudice to the foregoing, if the C.C.is found liable for delay liability shall be limited to the freight applicable to the relevant of the transport.
(B) Ad Valorem, Declared Value of Package or Shipping Unit.
The C.C.’s liability may be increased to a higher value by a declaration in writing of the value of the Goods by the shipper upon delivery to the C.C. of the Goods for shipment, such higher value being inserted on the front of this Bill of Lading in the space provided and if required by the C.C. extra freight paid in such case, if the actual value of the Goods shall exceed such declared value, the value shall nevertheless be deemed to be declared value and the C.C.’s 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.
(C) Definition of Package or Shipping Unit
Where a Container is used to consolidate Goods and such a Container is stuffed by the C.C. the number of package or shipping units stated on the face of the Bill of Lading in the box provided shall be deemed the number of packages of the shipping units for the purpose of any limit or !ability per package or shipping unit provided in any international convention or national law relating to the carriage of Goods by sea.
Except as aforesaid the Container shall be considered the package or shipping unit.
The words “shipping unit” shall mean each physical unit or piece of the cargo not shipped in a package including articles or things of any description whatsoever except Goods shipped in bulk, and in irrespective of the weight of measurement unit employed in calculating freight charges. As to Goods shipped in bulk, the limitation applicable there to shall be the limitation provided in such convention or law which may be applicable and in no event shall anything herein be construed to be a waiver of limitation as to Goods shipped in bulk.
(D) Rust, etc.
It is agreed that superficial rust, oxidation or any like condition due to moisture, is not a condition of damage but is inherent to the nature of Goods and acknowledgement of receipt of the Goods in apparent good order or condition is not a representation that such conditions of rust, oxidation or the like did not exist on receipt.
(E) Notice of Loss Damage
The C.C. shall be deemed prima facie to have delivered the Goods as described in this Bill of Lading unless notice of loss of or damage to the Goods, indicating the general nature of such loss or damage shall have been given in writing to the C.C. or his representative at the place of delivery before or at the time of removal of the Goods into the custody of the person entitled to deliver there of under this Bill of Lading or if the loss or damage is not apparent, within three consecutive days thereafter.
The C.C. shall be discharged of all liability unless suit is brought in the proper forum and written notice where of received by the C.C., within nine months after delivery of the Goods of the dale then the Goods should have been delivered.
The CC shall have as lien on Goods and any documents relating thereof for all sums whatsoever due at any time to the CC from the Merchant and for General Average contributions to whomsoever due and for the costs of recovering the same and the CC shall have the right to sell the goods and the documents by public auction or private treaty, without notice to the Merchant and at the Merchant’s expense and without any liability towards the Merchant.
10. VARIATION OF THE CONTRACT
No servant or agent of the CC shall have the power to waive or vary any of the terms hereof unless such waiver or variations is in writing and is specifically authorized or ratified in writing by a director or officer of the CC who has the actual authority od the CC so to waive or vary.
11. PARTIAL INVALIDITY
If any provision in this B/L is held to be invalid or unenforceabilily shall attach only to such provision. The validity of remaining provisions shall not be affected thereby an this B/L contract shall be carried out as if such invalid or unenforceable provision where not contained herein.
12. LAW AND JURISDICTION
The Contract represented by this Bill of Lading is subject to and regulated by Italian Law. Any dispute arising from the interpretation and, or execution of this Bill of Lading is subject to the exclusive jurisdiction of the Court of Milan (Italy).