USA CLAUSE PARAMOUNT (if applicable) Bill of Lading Clauses iss-shipping
 

http://www.iss-shipping.com/cargo/images/cargo_1.jpg



(1) If Carriage includes Carriage to, from or through a port in the United States of America, this Bill of Lading shall be subject to the United States Carriage of Goods by Sea Act 1936 (US COGSA), the terms of which are incorporated herein and shall be paramount throughout Carriage by sea and the entire time that the Goods are in the actual custody of the Carrier or his Sub-Contractor at the sea terminal in the United States of America before loading onto the vessel or after discharge therefrom, as the case may be.

(2) The Carrier shall not be liable in any capacity whatsoever for loss, damage or delay to the Goods while the Goods are in the United States of America away from the sea terminal and are not in the actual custody of the Carrier. At these times the Carrier acts as agent only to procure Carriage by Persons (one or more) under the usual term and conditions of those Persons. If: for any reason, the Carrier is denied the right to act as agent only at these times, his liability for loss, damage or delay to the goods shall be determined in accordance with Clause 6 hereof.

(3) If US COGSA applies the liability of the Carrier and/or the Vessel shall not exceed US$ 500 per package or customary freight unit (in accordance with Section 1304(5) thereof). Unless the value of the Goods has been declared on the face hereof in which case Clause 7(3) shall apply.

(4) Notwithstanding the provisions of Clause 24, if Carriage includes Carriage to from or through a port in the United States of America, the Merchant may refer any claim or dispute to the United States District Court for the Southern District of New York in accordance with the laws of the United States of America