CARRIER'S RESPONSIBILITY Bill of Lading Clauses iss-shipping
 

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Combined Transport

If Carriage is Combined Transport, the Carrier undertakes to perform and/or in his own **** to procure performance of the Carriage from the Place of Receipt or the Port of Loading, whichever is applicable, to the Port of Discharge or the Place of Delivery, whichever is applicable, and, save as is otherwise provided for in this Bill of Lading, the Carrier shall be liable for loss, damage or delay occurring during the Carriage only to the extent set out below.

(1) If the s***e of the Carriage during which loss, damage or delay occurred is not known

(a) Exclusions If the s***e of the Carriage during which the loss, damage or delay occurred is not known, the Carrier shall be relieved of liability for any loss, damage or delay if such loss, damage or delay was caused by:

(i) an act or omission of the Merchant, (ii) insufficiency of or defective condition of packing or marking, (iii) handling, loading, stowage or unloading of the Goods by or on behalf of the Merchant (See Clause 8), (iv) inherent vice of the Goods, (v) strike, lock-out, stoppage or restraint of labour, from whatever cause, whether partial or general, (vi) a nuclear incident, (vii) any cause or event which the Carrier could not avoid and the consequences whereof he could not prevent by the exercise of reasonable diligence, (viii) any act or omission of the Carrier the consequences of which he could not reasonably have foreseen, (ix) compliance with instructions of any Person entitled to give them.

(b) Burden of Proof The burden of proof that the loss, damage or delay was due to one or more of the causes or events specified in this Clause 6 (l) shall rest upon the Carrier, save that if the Carrier establishes that, in the circumstances of the case, the loss, damage or delay could be attributed to one or more of the causes or events specified in Clause 6(1) (a) (ii), (iii) or (iv), it shall be presumed that it was so caused. The Merchant shall, however, be entitled to prove that the loss, damage or delay was not, in fact, caused either wholly or partly by one or more of these causes or events.

(c) Limitation of Liability Except as provided in Clauses 7(2), 7(3), and 27, if Clause 6(l) operates total compensation for loss or damage shall in no circumstances whatsoever and howsoever arising exceed 2 SDR?s per kilo of the gross weight of the Goods lost or damaged. (SDR means Special Drawing Right as defined by the International Monetary Fund). Limitation of liability for delay shall be as provided in the applicable international convention or national law, in the absence of which the Carrier accepts no liability whatsoever for delay, howsoever caused (see Clause 7 (4)).

(2) If the s***e of the Carriage during which the loss, damage or delay occurred is known

Notwithstanding anything provided for in Clause 6 (I) and subject to Clauses 15 and 16, if it is known during which s***e of the Carriage the loss, damage or delay occurred, the liability of the Carrier in respect of such loss, damage or delay shall be determined:

(a) By the provisions contained in any international convention or national law which provisions:

(i) cannot be departed from by private contract to the detriment of the Merchant; and (ii) would have applied if the Merchant had made a separate and direct contract with the Carrier in respect of the particular s***e of the Carriage during which the loss, damage or delay occurred and received as evidence thereof any particular ******** which must be issued in order to make such international convention or national law applicable; or

(b) If no international convention or national law would apply by virtue of Clause 6 (2) (a), by the Hague Rules, Articles l -8 inclusive, only if the loss, damage or delay is known to have occurred during waterborne Carriage; or

(c) by the provisions of Clause 6 (1) if the provisions of Clause 6 (2) (a) and (b) above do not apply.

For the purposes of Clause 6 (2), references in the Hague Rules to carriage by sea shall be deemed to include references to all waterborne Carriage and the Hague Rules shall be construed accordingly.

(3) If the Place of Receipt or Place of Delivery is not ****d on the face hereof.

Subject to Clauses 5 and 25,

(a) If the Place of Receipt is not ****d on the face hereof, the Carrier shall be under no liability whatsoever for loss, damage or delay to the Goods, howsoever occurring, if such loss, damage or delay arises prior to loading onto a Vessel.

(b) If the Place of Delivery is not ****d on the face hereof, the Carrier shall be under no liability whatsoever for loss, damage or delay to the Goods, howsoever occurring, if such loss, damage or delay arises subsequent to discharge from a Vessel.

(4) Notice of Claim

Unless Clause 25 applies, the Carrier shall be deemed prima facie to have effected timely delivery of the Goods as described in this Bill of Lading unless notice of loss, damage or delay to the Goods, indicating the general nature of such loss, damage or delay, shall have been given in writing to the Carrier or to his representative at the Place of Delivery (or the Port of Discharge if no Place of Delivery is ****d on the face hereof) before or at the time of removal of the Goods into the custody of the Person entitled to delivery thereof under this Bill of Lading, or, if the loss or damage is not apparent, within three working days thereafter.

(5) Time-bar

Unless Clause 25 applies, the Carrier shall be discharged of all liability whatsoever in respect of the Goods, unless suit is brought and notice thereof given to the Carrier within nine months after delivery of the Goods or, if the Goods are not delivered, ten months after the date of issue of this Bill of Lading.