Terms and Conditions

BOL Terms and Conditions

As Agents Only

1. Definitions

“Carriage” means the services undertaken by the Carrier in relation to the Goods, including but not limited to transport (whether by sea, road or any other mode), loading, unloading, storing, warehousing and handling.“Carrier” means [insert name] “Goods” means the whole or any part of the cargo accepted from the Shipper and includes any packaging and/or any Container not supplied by or on behalf of the Carrier. “Container”means any article used to consolidate Goods, including but not limited to any container, open top container, trailer, canvas tops, transportable tank, flat, platform or pallet, and any equipment connected thereto or associated therewith. “Dangerous Goods” means any Goods which are or may become of a dangerous, noxious, hazardous, flammable or damaging nature (including radioactive material), or which are or may become liable to damage any Persons or property, whether or not listed in any official or unofficial international or national code, convention, listing or table. “Freight” means all charges payable to the Carrier in accordance with this Bill of Lading and the tariff incorporated herein. “Holder” means any Person in possession of this Bill of Lading to or in whom the property in the Goods and/or rights of suit and/or liability under this Bill of Lading has passed or been vested by reason of the consignment of the Goods or the endorsement of this Bill of Lading or otherwise “Merchant” includes the Shipper, Holder, Consignee, the receiver of the Goods and/or any Person owning or entitled to the possession of the Goods or this Bill of Lading and/or acting on behalf of any such Persons, whether as agent or otherwise. “Multimodal Movement”arises when the Place of Receipt and/or the Place of Delivery are specified on the face hereof in the relevant spaces. “Package” means the units enumerated on the face hereof as being packed in a Container. “Person”includes but is not limited to individuals, firms, partnerships, corporations or any other legal entity. “Port to Port Movement” arises when the Port of Loading and Port of Discharge have been specified on the face hereof, but neither the Place of Receipt nor the Place of Delivery have been specified. “Subcontractor”includes all servants and agents of the Carrier, and all direct, indirect and/or independent subcontractors employed by the Carrier, and their servants or agents, whether in direct contractual privity or not, and includes but is not limited to: owners, charterers and operators (including the Master, Officer and crew) of vessels other than the Carrier; underlying carriers; stevedores; terminal, depot and groupage operators; road and rail transport operators; and warehousemen.

2. Applicability

The provisions set out and referred to in the Bill of Lading shall apply to all Carriage as defined herein as performed by the Carrier and/or his Subcontractor(s).

3. Carrier’s Tariff

The terms of the Carrier’s applicable tariff at the date of shipment, which includes terms relating to freetime, demurrage and detention, are incorporated herein. Copies of the relevant provisions of the applicable tariff are available from the Carrier upon request. In the case of inconsistency between the Bill of Lading and the applicable tariff, this Bill of Lading shall prevail.

4. Warranty

  • a. The Merchant warrants that he is or has the authority of the Person owning or entitled to the possession of the Goods and this Bill of Lading.
  • b. The Merchant further undertakes that no claim or allegation in respect of the Goods shall be made against the Carrier by any Person other than in accordance with the conditions of this Bill of Lading which imposes or attempts to impose upon the Carrier any liability whatsoever in connection with the Goods or the Carriage, whether or not arising out of negligence on the part of the Carrier, and if any such claim or allegation should nevertheless be made, to indemnify the Carrier against all consequences thereof.

5. Methods and Rules of Transportation

  • a. The Carrier may at any time without notice to the Merchant:
    1. use any method, manner, means and/or route whatsoever to perform the Carriage;
    2. ii. transfer the Goods from one conveyance to another including transhipping or carrying the same on a vessel other than the vessel named overleaf or on any other means of transport whatsoever, notwithstanding that such transhipment or forwarding may not have been contemplated or provided for herein;
    3. proceed with or without pilots by any route in his discretion whether or not the nearest or most direct or customary or advertised route at any speed and proceed to or stay at or return to any place or port whatsoever once or more often and in any order;
    4. load and unload the Goods at any place or port (whether or not such place is named overleaf as the Place of Receipt or Place of Delivery, or such port is named overleaf as the Port of Loading or Port of Discharge) and store the Goods at any such place or port, and/or unpack and remove Goods packed into a Container and forward via Container or otherwise;
    5. comply with any other orders or recommendations given by any government authority or any Person or body acting or purporting to act as or on behalf of such government authority or having under the terms of insurance on the conveyance employed by the Carrier the right to give orders or directions.
  • b. The liberties set out in clause 5(a) may be invoked by the Carrier for any purpose whatsoever including but not limited to loading or unloading other goods; bunkering; embarking or disembarking any Person(s); undergoing repairs; towing or being towed; adjusting instruments; making trial trips; dry-docking and assisting vessels in all situations, and anything done or not done in accordance with clause 5(a) or any delay arising therefrom shall be deemed to be within the contract of carriage and shall not be a deviation.

6. Matters Affecting Performance

  • a. The Carrier shall use reasonable endeavours to complete the Carriage and to discharge the Goods at the Port of Discharge (in the case of Port to Port Movements) or, if applicable, deliver the Goods to the Place of Delivery (in the case of Multimodal Movements).
  • b. If at any time the performance of the contract evidenced by the Bill of Lading is or is likely to be affected by any hindrance, risk, delay, difficulty, danger or disadvantage of whatsoever kind and howsoever arising which cannot be avoided by the exercise of reasonable endeavours, even if the hindrance, risk, delay, difficulty, danger or disadvantage existed at the time this contract was entered into or the Goods were received for Carriage, the Carrier (whether or not the transport has commenced) may without notice to the Merchant and at his sole discretion:
    1. treat the performance of this contract as terminated and place the Goods or any part thereof at the Merchant’s disposal at any place or port which the Carrier may deem safe and convenient, whereupon responsibility of the Carrier in respect of such Goods shall cease;
    2. carry the Goods to the contracted Port of Discharge or Place of Delivery, as applicable, by an alternative route to that provided for in this Bill of Lading or to that which would otherwise be usual;
    3. suspend the carriage of the Goods and store them ashore or afloat upon the conditions of this Bill of Lading, in which case the Carrier will endeavour to forward the Goods as soon as possible, but without making any representation as to the maximum period of suspension.
  • c. Exercise by the Carrier of the options in clause 6(b)(ii) or (iii) above shall not prevent the Carrier from exercising the option in clause 6(b)(i). In all cases, the Carrier shall be entitled to charge, and the Merchant shall pay, any such additional freight and costs as may be incurred by the exercise of any of the above options, in addition to the Freight payable in respect of the Goods.
  • d. Once the Goods have been received by the Carrier for Carriage, the Merchant shall not be entitled to either impede, delay, suspend, stop or otherwise interfere with the Carrier’s intended manner of performance of the Carriage or the exercise of the liberties conferred by this bill of lading, nor to instruct or require delivery of the Goods at a port other than the Port of Discharge or a place other than the Place of Delivery named on the face hereof, or such other Port or Place selected by the Carrier in the exercise of the liberties herein, for any reason whatsoever including but not limited to the exercise of any right of stoppage in transit conferred by the Merchant’s contract of sale or otherwise. The Merchant shall indemnify the Carrier against all claims, liabilities, loss, damages, costs, delay, legal fees and/or expenses incurred by the Carrier, his Subcontractors or by the owner of any other cargo arising or resulting from any stoppage (whether temporary or permanent) in the Carriage of the Goods whether at the request of the Merchant, or in consequence of any breach by the Merchant of this clause, or in consequence of any dispute whatsoever in respect of the Goods (including, but without restriction, disputes as to ownership, title, quality, quantity or description of and/or payment for the Goods) involving any one or more party defined herein as the Merchant as between themselves or with any third party other than the Carrier and the liberties provided for in clauses 5 and 6 shall be available to the Carrier in the event of any such stoppage.
  • e. Without prejudice to the foregoing, in the event that the Merchant requests the Carrier to deliver the Goods at a port other than the Port of Discharge or a place of delivery other than the Place of Delivery named on the face hereof, and the Carrier in his sole discretion agrees to the request, such further Carriage will be undertaken on the basis that the conditions of this Bill of Lading are to apply to such Carriage as if the ultimate destination agreed had been entered onto the face of this Bill of Lading.

7. Carrier’s responsibility

  • a. The Carrier shall only be liable for loss of or damage to Goods occurring during its period of responsibility.
  • b. The Carrier’s period of responsibility:
    1. in the case of Port to Port Movements, shall begin to run from the time of loading at the Port of Loading and shall end at the time of discharge at the Port of Discharge;
    2. in the case of Multimodal Movements, shall begin to run from the time of taking over the goods at the Place of Receipt, if applicable, otherwise from the time of loading at the Port of Loading, and shall end upon delivery to the Place of Delivery, if applicable, otherwise at the time of discharge at the Port of Discharge;
    3. shall in no case extend to loss or damage to Goods before loading, if the Place of Receipt is not named, and/or to loss of or damage to Goods after discharge, if the Place of Delivery is not named.
  • c. The Carrier shall be relieved of liability for any loss or damage if such loss or damage arose or resulted from:
    1. any act, omission or neglect of the Merchant or any third party other than the Carrier or his Subcontractor(s);
    2. compliance with the instructions of the Merchant or any other Person entitled to give them;
    3. the lack, inadequacy, insufficiency or defective condition of packing, marks or numbers on the Containers, Goods or any coverings used;
    4. handling, loading, stowage or unloading of the Goods by or on behalf of the Merchant;
    5. inherent vice of the Goods;
    6. strikes, lockouts, stoppage or restraints of labour from whatever cause, whether partial or general;
    7. any nuclear incident;
    8. any cause or event which the Carrier could not avoid and the consequences of which he could not prevent by the exercise of reasonable diligence.
  • d. Where under clause 7(c) the Carrier is not under any liability in respect of some of the factors causing the loss or damage he shall only be liable to the extent that those factors for which he is liable under this clause have contributed to the loss or damage.
  • e. The burden of proving that the loss or damage was due to one or more of the causes or events specified in clause 7(c)(i), (ii) and/or (viii) shall rest upon the Carrier.
  • f. When the Carrier establishes that in the circumstances of the case the loss or damage could be attributed to one or more of the causes or events specified in clause 7(c)(iii) to (vii), it shall be presumed that it was so caused. The Merchant shall however be entitled to prove that the loss or damage was not in fact caused either wholly or partly by one or more of the causes or events.

8. The Amount of Compensation

  • a. Subject to provisions of clause 8(c) below, when the Carrier is liable for compensation in respect of loss of or damage to the Goods such compensation shall be calculated by reference to the invoice value of the Goods plus freight charges and insurance if paid. Any partial loss or damage shall be adjusted on a pro rata basis.
  • b. If no invoice or no bona fide invoice can be produced to evidence the value of the Goods, compensation shall be based on the value of the Goods at the place and time they are delivered to the Merchant in accordance with the contract or should have been so delivered. The value of the Goods shall be fixed according to the commodity exchange price or, if no such price is available, by the current market price by reference to the normal value of goods of the same kind or quality, as applicable.
  • c. Compensation shall not however exceed 2 SDRs per kg of the gross weight of the Goods lost or damaged.
  • d. Higher compensation may be claimed only when with consent of the Carrier the value of the Goods declared by the Shipper which exceeds the limits laid down in this clause has been stated on the face of this Bill of Lading . In that case the amount of the declared value shall be substituted for the limit set out in clause 8(c) above. Any partial loss or damage shall be adjusted pro rata on the basis of such declared value.

9. Special Provisions

  • a. Subject to clause 9(b) below, and notwithstanding as provided for in clauses 7 and 8 of this Bill of Lading, if it can be proved where the loss or damage occurred, the liability of the Carrier shall be determined by the provisions contained in any international convention or national law which:
    • cannot be departed from by private contract to the detriment of the Merchant; and
    • would have applied if the Merchant had made a separate and direct contract with the Carrier in respect of the particular stage of the Carriage during which the loss or damage occurred and received as evidence thereof any particular document which must be issued if such international convention or national law shall apply.
  • b. An international convention or national law will only apply as set out in clause 9(a) above provided that it would have been applicable if the contract referred to in clause 9(a)(ii) above were governed:
    • by the international law of the state of the Place of Receipt where the loss or damage occurred between the time when the Goods were received by the Carrier for transportation and the time that the Goods were loaded at the Port of Loading; or
    • by the international law of the state of the final Port of Discharge where the loss or damage occurred during carriage by sea; or
    • by the international law of the state of the Place of Delivery where the loss or damage occurred between the time that the Goods were discharged at the first Port of Discharge and the time that the Goods were delivered to the Merchant; or
    • by the Hague Rules contained in the International Convention for the Unification of Certain Rules relating to Bills of Lading dated 25th August 1924 (and if the loss or damage is proved to have occurred at sea or inland waterway for the purpose of this subclause the limitation of liability under the Hague Rules shall be deemed to be GBP100 sterling lawful money of the United Kingdom per package or unit; and Art. IX of the Hague Rules shall not apply; and references in the Hague Rules to carriage by sea shall be deemed to include references to carriage by inland waterway and the Hague Rules shall be construed accordingly); or
  • c. If the whole of the carriage undertaken by the Carrier is limited to carriage from Container Yard (CY) or Container Freight Station (CFS) in or immediately adjacent to the sea terminal at the Port of Loading to a CY or CFS in or immediately adjacent to the sea terminal at the Port or Discharge, the liability of the Carrier shall be determined by the national law which shall be applicable to the carriage by sea under paragraph 9(a) above or failing which by the Hague Rules referred to above irrespective of whether the loss or damage is proved to have occurred during the period of carriage at sea or prior or subsequent thereto.
  • d. The Carriage of Goods by Sea Act of the United States of America 1936 (US COGSA) shall apply by contract to shipments to or from the US. If the contract evidenced by this Bill of Lading is subject to US COGSA, whether by law or by virtue of this clause, then the provisions stated in US COGSA shall apply before loading and after discharge and throughout the entire time the goods are in the Carrier’s custody. If US COGSA applies, and unless the nature and value of the Goods has been declared by the shipper before the Goods have been handed over to the Carrier and inserted in this Bill of Lading, the Carrier shall in no event be or become liable for any loss of or damage to the Goods in excess of USD500 per package or customary freight unit
  • e. Nothing in this Bill of Lading shall operate to limit or deprive the Carrier of any statutory protection, defence, exception or limitation of liability as provided for by any applicable international convention or by the laws, statute or regulations of any country. Save that nothing herein shall purport to incorporate any such international convention or national law by contract, the Carrier shall have the benefit of the said conventions, laws, statutes and/or regulations as if the same were incorporated herein and/or as if the Carrier were the owner of any carrying vessel.

10. Delay and Consequential Loss

  • a. The Carrier does not undertake that the Goods or any associated documents shall arrive at the Port of Discharge or Place of Delivery or at any other place at any particular time or to meet any particular deadline, market or use or any other requirement of the Merchant or any other third party, and the Carrier shall in no circumstances be liable for any direct, indirect or consequential loss or damage caused by delay. If notwithstanding this clause 10(a) the Carrier is found to have a legal liability for any such loss or damage, the Carrier’s liability shall in any event be limited to the amount of the Freight paid for the Carriage.
  • b. Save as otherwise provided herein the Carrier shall in no circumstances be liable for direct or indirect or consequential loss or damage, including but not limited to any loss of profits, loss of market, loss of opportunity, loss of contracts, loss of goodwill or reputation, loss of business and/or loss of anticipated savings, howsoever arising.

11. Notice of Loss; Time Bar

  • a. Unless notice of loss of, damage to, non-delivery/misdelivery of or any other claim relating to the Goods and the general nature thereof be given in writing to the Carrier at the Port of Discharge (or Place of Delivery if named on the face hereof) before or at the time of the 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 be not apparent, within 3 consecutive days thereafter, such removal shall be prima facie evidence of the delivery by the Carrier of the Goods as described in this Bill of Lading.
  • b. Subject to paragraph (c) below, all liability whatsoever of the Carrier shall cease unless suit is brought and written notice thereof given to the Carrier within nine months after the delivery of the Goods or the date when the Goods should have been delivered.

12. Defences and Limits for the Carrier

The defences and limits of liability provided for in this Bill of Lading shall apply in any action howsoever arising against the Carrier for loss or damage to the Goods whether such action be founded in contract, bailment or in tort.

13. Subcontracting

  • a. The Carrier shall be entitled to subcontract on any terms whatsoever the whole or any part of the Carriage to be performed by the Carrier in relation to the Goods under this Bill of Lading.
  • b. The Merchant undertakes and warrants that no claim or allegation of any nature whatsoever, whether in contract, bailment and/or in tort, shall be made against any Subcontractor of the Carrier which imposes or attempts to impose upon any of them or any vessel owned or chartered by any of them any liability whatsoever in connection with the Goods or the Carriage, irrespective of any negligence on the part of the Subcontractor, and if any such claim or allegation should nevertheless be made to indemnify the Carrier against all consequences thereof.
  • c. Without prejudice to the foregoing, each and every Subcontractor shall have the benefit of all provisions herein benefiting the Carrier as if such provisions were expressly for their benefit, and in entering into this contract the Carrier does so not only on its behalf but also as agent and trustee for such Subcontractors.
  • d. The provisions of this clause 13 shall extend equally to any claim or allegation of any nature whatsoever against any third party chartering space on the carrying vessel.

14. Containers

    • a. The Merchant agrees that the Carrier will have the right to stuff Goods in Containers and to carry on deck all kinds of Containers of whatever nature as defined in clause 1 herein. If a Container has not been filled, packed, stuffed or loaded by the Carrier, this Bill of Lading shall act only as a receipt for the Container, and the Carrier shall not be liable for loss of or damage to the contents thereof howsoever arising. Whe

re the Carrier agrees to carry out any tallying, loading, stuffing or securing of Goods within a Container, such activities are performed at the Merchant’s sole risk and for their sole account.

  • b. The Merchant shall indemnify the Carrier in respect of any loss, injury, costs, damage, liability or expense incurred by the Carrier caused by:
    • the manner in which the Container has been filled, packed, stuffed or loaded; or
    • the unsuitability of the contents for carriage in Containers; or
    • the incorrect setting of any thermostatic, ventilation or other special controls on the Container; or
    • the malfunction, unsuitability or defective condition of any Container supplied by the Merchant, or of any Container supplied by the Carrier arising without any want of due diligence on the part of the Carrier to make the Container reasonably fit for the purpose for which it is required; or
    • the malfunction, unsuitability or defective condition of the Container, provided that if the Container was supplied by the Carrier, the malfunction, unsuitability or defective condition would have been apparent upon reasonable inspection by the Merchant at or prior to the time when the Container was filled, packed or stowed or loaded.
  • c. Without prejudice to the generality of the preceding clauses or to any other provision of this Bill of Lading, in no circumstances will the Carrier be liable for any shortage of Goods identified upon delivery where the Container has been delivered by the Carrier with the original seal intact. Containers packed by the Merchant should be delivered to the Carrier with a high security seal intact and with the seal number noted of the face of the Bill of Lading. If the Container is not so sealed, the Carrier may at the Merchant’s sole risk and expense return the Container to the Merchant for sealing or to affix a seal himself.
  • d. It is the Shipper’s responsibility to inspect Containers before filling, packing, stowing or loading commences. The use of Containers shall be prima facie evidence of the Containers being sound and suitable for use. Merchants are deemed to be aware of the dimensions and capacity of any Containers released to them.
  • e. The Merchant is responsible for returning all and any Containers supplied by or on behalf of the Carriers unpacked with interiors clean, odour free, undamaged and in the same condition as received to the point or place designated by the Carrier within the time prescribed. Failure to comply with this clause will result in the Merchant being liable for detention charges or other losses or expenses arising from their breach of this clause 14(e), including but not limited to costs of replacement, transportation and repair.
  • f. All Containers supplied to the Merchant by or on behalf of the Carrier are held at the Merchant’s sole risk until redelivered to the Carrier. The Merchant is responsible for and shall indemnify the Carrier for all loss of and/or damage and/or delay to such Containers.
  • g. The terms of this Bill of Lading shall govern the responsibility of the Carrier in connection with or arising out of the supply of a container to the Merchant whether before or after the Goods are received by the Carrier for transportation or delivery to the Merchant.

15. Inspection of Goods

  • a. The Carrier shall be entitled but under no obligation to open any Container at any time and to inspect the contents thereof. If it thereupon appears that the contents or any part thereof cannot safely or properly be carried further either at all or without incurring any additional expenses or taking any measures in relation to the Container or its contents or any part thereof, the Carrier may without notice to the Merchant take such measures or incur such expenses as he in his sole discretion considers reasonable to either continue the Carriage of the Goods; or to sell or dispose of the Goods; or to abandon the Carriage of the Goods; or to store the Goods ashore or afloat, under cover or in the open at any such place as the Carrier in his sole discretion considers appropriate at the Merchant’s sole risk and expense.
  • b. Any exercise by the Carrier of his rights as set out in clause 15(a) above shall be deemed to constitute due delivery under this Bill of Lading, and the Merchant shall indemnify the Carrier against any additional expenses incurred in accordance with clause 15(a).
  • c. Nothing in this clause 15 shall require the Carrier to take any particular positive measures in relation to the Goods, and the Carrier shall have no liability for any loss, damage or delay whatsoever arising from any action or inaction under this clause.

16. Description of Goods

  1. a. This Bill of Lading shall be prima facie evidence of the receipt of the Goods by the Carrier in apparent good order and condition except as otherwise noted (whether by use of the expression “shipper’s load, stow, weight and count” or “shipper-packed container” or otherwise), and of the total number of Container(s) or other packages or units enumerated overleaf. Proof to the contrary shall not be admissible when this Bill of Lading has been transferred to a third party acting in good faith.
  2. b. No representations are made by the Carrier as to the weight, contents, measure, quantity, quality, description, condition, marks, numbers or value of the Goods, and the Carrier shall be under no responsibility whatsoever in respect of such description or particulars. In particular, the Carrier accepts no responsibility in respect of any particulars or information that relate to contracts to which the Carrier is not a party (including but not limited to any Letter of Credit, Import Licence or Sales Contract), and any such particulars and/or information are included at the Merchant’s sole risk for their own convenience, and does not in any way constitute a declaration of value or increase the Carrier’s liability under this Bill of Lading.

17. Merchant’s Responsibility

  • a. All of the Persons coming within the definition of Merchant in clause 1 shall be jointly and severally liable to the Carrier for the due fulfilment of all obligations undertaken by the Merchant in this Bill of Lading.
  • b. The Merchant warrants to the Carrier that the particulars relating to the Goods as set out overleaf have been checked by the Shipper on receipt of this Bill of Lading and that such particulars and any other particulars furnished by or on behalf of the Shipper are correct. The Merchant further warrants that the Goods are lawful and contain no contraband, drugs, illegal substances or stowaways, and that the Goods will not cause loss, damage or expense to the Carrier or to any other cargo during the Carriage.
  • c. The Merchant shall indemnify the Carrier against loss, damage and expenses arising or resulting from inaccuracies in or inadequacies of such particulars. The right of the Carrier to such an indemnity shall in no way limit his responsibility and liability under the Bill of Lading to any Person other than the Shipper.
  • d. The Merchant shall be liable for and shall indemnify the Carrier against all loss, damage, delay, fines, legal fees and/or expenses arising from any breach of any of the warranties contained herein or from any other cause whatsoever in connection with the Goods for which the Carrier is not responsible.

18. Freight and Charges

  • a. Freight and all other charges shall be deemed fully earned on receipt of the Goods by the Carrier and shall be paid and non-returnable in any event. All Freight and charges shall be due and payable at the Port of Loading or at such other place or at such other time as demanded by the Carrier, and shall be due from and payable by all of the Persons falling within the definition of Merchant as defined in clause 1, who shall be jointly and severally liable to the Carrier therefor, irrespective of any acceptance by the Carrier of instructions to collect any Freight or other charges from the Shipper, Consignee or any other Person.
  • b. The Merchant’s attention is drawn to the provisions in the applicable tariff concerning the currency in which the Freight and other charges are to be paid, the rate(s) of exchange and devaluation, and other contingencies relative to Freight and other charges. In the event of any discrepancy between Freight items in the Bill of Lading, and invoices issued by the Carrier, the latter shall prevail.
  • c. Freight is calculated on the basis of particulars furnished by or on behalf of the Shipper. The Carrier may at any time open any Container or other package or unit in order to re-weigh, re-measure or re-value the contents and if the particulars furnished by or on behalf of the Shipper are incorrect it is agreed that a sum equal to either five times the difference between the correct freight and the freight charged, or double the correct freight less the freight charged, whichever sum is the higher, shall be payable by the Merchant.
  • d. Without prejudice to the foregoing, all Freight shall be paid, vessel or cargo lost or not lost, without any set-off, counterclaim, deduction or stay of execution, at the latest before delivery of the Goods.
  • e. Failure by the Merchant to pay Freight or any other charges due to the Carrier shall result in the Merchant incurring additional liability for interest, statutory damages and all legal costs and expenses incurred in collecting any sums due to the Carrier. Payment made to any party, including any freight forwarder or broker, other than the Carrier or their authorised agent, shall not constitute payment to the Carrier and shall be made at the Merchant’s sole risk.

19. Lien

The Carrier shall have a general lien on the Goods and any associated documents for all sums payable to the Carrier (including but not limited to Freight, additional freight payable under any provision of this Bill of Lading, primage, dead freight, demurrage, storage charges, pre-carriage charges, on-carriage charges, detention charges, salvage, general average contributions and any other charges and expenses whatsoever, and whether incurred by the Carrier as the Merchant’s agent or not, including costs of exercising the rights under this clause 19) due and payable under this Bill of Lading and/or any other contract with the Merchant, and/or in respect of any other previously unsatisfied debts whatsoever due to him by the Merchant. The Carrier may exercise his lien at any time and any place at his sole discretion, whether the Carriage is completed or not. In any event any lien shall extend to cover the cost of recovering any sums due and for that purpose the Carrier shall have the right to sell the Goods by public auction or by private treaty without notice to the Merchant. The Carrier’s lien shall survive delivery of the Goods, and nothing in this clause shall prevent the Carrier from recovering from the Merchant the difference between the amount due from him to the Carrier and the amount realised by the exercise of the rights given to the Carrier under this clause.

20. Optional Stowage

The Goods may be stowed by the Carrier in any type of Container or similar article of transport used to consolidate Goods, and may be consolidated with other goods belonging to third parties.

21. Deck Cargo

  • a. Goods stowed in containers other than uncovered flats or pallets whether by the Carrier or the Merchant may be carried on or under deck without notice to the Merchant. Such Goods (other than livestock) whether carried on deck or under deck shall participate in general average and shall be deemed to be within the definition of Goods for the purpose of the Hague Rules.
  • b. Goods (not being Goods stored in containers other than uncovered flats or pallets) which are stated herein to be carried on deck are carried without responsibility on the part of the Carrier for loss or damage of whatsoever nature arising during carriage by sea whether caused by unseaworthiness or negligence or any other cause whatsoever.

22. Livestock

Livestock are carried at the sole risk of the Merchant. The Carrier shall be under no liability whatsoever for any injury, illness, death, delay or destruction howsoever arising even though caused or contributed to by the act, neglect or default of the Carrier or by the unseaworthiness or unfitness of any vessel, craft, conveyance, container or other place existing at any time. In the event of the Master, in his sole discretion, considering that any livestock is likely to be injurious to the health of any other livestock or of any Person on board or to cause the vessel to be delayed or impeded in the prosecution of the voyage such livestock may be destroyed and thrown overboard without any liability attaching to the Carrier. The Merchant shall indemnify the Carrier against the cost of veterinary services on the voyage and of forage for any period during which the carriage is delayed for any reason whatsoever and of complying with the regulations of any authority of any country whatsoever with regard to such livestock.

23. Dangerous Goods

Without prejudice to the generality of the Carrier’s rights under this Bill of Lading:

  • a. The Merchant undertakes not to tender for transportation any Dangerous Goods without previously giving written notice of their nature, character, name, label and classification as appropriate to the Carrier and obtaining his written consent, and marking the Goods and the container or other covering on the outside so as to indicate the nature and character of the Goods and any precautions to be taken in respect thereof, and so as to comply with any domestic and/or international laws or regulation which may be applicable during the carriage. The Merchant warrants that any Dangerous Goods tendered for transportation will be packed in a manner adequate to withstand the risk of Carriage.
  • b. If the requirements of clause 23(a) are not complied with, and/or if in the opinion of the Carrier the Goods or any part thereof are liable to become Dangerous Goods, they may at any time or place be unloaded, destroyed, disposed of, abandoned or rendered harmless without compensation to the Merchant and without prejudice to the Carrier’s right to Freight, and the Carrier shall be under no liability to make any general average contribution in respect of such Goods.
  • c. The Merchant shall indemnify the Carrier against all claims, liabilities, loss, damage, delay, costs, fines and/or expenses arising out of Dangerous Goods being tendered for transportation, handling and/or storage by the Carrier, and/or by any breach by the Merchant of clause 23(a), including any steps taken by the Carrier under clause 23(b) notwithstanding that the Merchant was not aware that the Goods were Dangerous Goods.

24. Refrigerated and Perishable Cargo

  • a. All Goods, whether or not of a perishable nature, shall be carried in ordinary Containers without special protection, equipment, services or other measures, unless it is expressly recorded on the face of this Bill of Lading that the goods are to be carried in a specially equipped Container (e.g. refrigerated, heated or electrically ventilated) or is otherwise to receive special treatment.
  • b. The Merchant undertakes not to tender any Goods for Carriage which require refrigeration, ventilation or other special treatment without first giving written notice to the Carrier of the nature of the Goods and full details of special treatment required, including but not limited to the particular temperature range to be maintained and the setting of thermostatic, ventilation and/or other special controls. If the Merchant fails to comply with this clause, the Carrier shall have no liability whatsoever for any loss of or damage to the Goods, howsoever arising. In all cases, the Carrier shall be deemed to have fulfilled his obligations and shall have no liability whatsoever if the Goods are carried within a range of plus or minus 2 degrees Celsius of any temperature specified on the face of this Bill of Lading.
  • c. In the case of refrigerated Container(s) packed by or on behalf of the Merchant, the Merchant further undertakes that the Goods have been properly stowed in the Container and that its thermostatic controls have been adequately set by him before receipt of the Goods by the Carrier. If the above requirements are not complied with the Carrier shall not be liable for any loss of or damage to the Goods howsoever arising.
  • d. Responsibility for ensuring Goods are presented for Carriage at the correct temperature and with humidity levels appropriately monitored and controlled rests at all time with the Merchant, and the Carrier makes no representations as to the ability of Containers to preserve Goods that are not presented for Carriage at the correct temperature, nor does the Carrier guarantee the maintenance of any intended level of humidity inside any Container. The Carrier does not undertake to verify the temperature or humidity levels of any Container, and the term “apparent good order and condition” when used on the face of this Bill of Lading does not apply to the temperature or humidity levels of any Goods and/or Container.
  • e. Without prejudice to the generality of the foregoing, the Carrier shall not be liable for any loss or damage to the Goods arising from latent defect, derangement, breakdown and/or stoppage of the refrigeration machinery, plant, insulation and/or any apparatus of the Container, vessel, conveyance and/or any other facilities, provided that the Carrier shall before the beginning of the transport exercise due diligence to maintain the refrigerated Container in an efficient state.

25. Regulations Relating to Goods

The Merchant shall comply with all regulations or requirements of customs, port and other authorities and shall pay all duties, taxes, fines, imposts, expenses or losses incurred or suffered by reason thereof, or by reason of any illegal, incorrect or insufficient marking, numbering or addressing of the Goods, including without prejudice to the generality of the foregoing Freight for any additional Carriage undertaken, and shall indemnify the Carrier in respect thereof.

26. Notification and Delivery

  • a. Any mention in the Bill of Lading of parties to be notified of the arrival of Goods is solely for information of the Carrier and failure to give such notification shall not give rise to any liability on the Carrier’s part nor relieve the Merchant of any obligation hereunder.
  • b. The Carrier may at his absolute discretion receive the Goods as a Full Container Load and deliver them as less than a Full Container Load and/or as break bulk cargo and/or deliver the Goods to more than one receiver. In such event the Carrier shall not be liable for any shortage, loss, damage or discrepancies of the Goods, which are found upon the unpacking of the Container.
  • c. The Merchant’s attention is drawn to the stipulations concerning storage time and demurrage contained in the Carrier’s applicable tariff which is incorporated in the Bill of Lading. Save where otherwise provided:
    1. all landing charges, customs duties, wharfage, terminal handling charges and destuffing costs are for the Merchant’s account and shall be due from and payable by all of the Persons falling within the definition of Merchant as defined in clause 1 herein, who shall be jointly and severally liable thereof, irrespective of any acceptance by the Carrier of instructions to collect ay such charges from the Shipper, Consignee or any other Person;
    2. expenses are chargeable in accordance with local Port rules;
    3. the time allowed for destuffing is 4 (FOUR) hours for each container as from the time of arrival at pier/warehouse/premises, thereafter demurrage will be charged to the Merchant in accordance with clause 26(c)(i) above.
  • d. The Merchant shall take delivery of the Goods within the time provided for in the Carrier’s applicable tariff. If the Merchant fails to take delivery of the Goods or part thereof in accordance with the Bill of Lading, the Carrier may without notice unload and/or unpack the Goods or that part thereof and/or store the Goods or that part thereof ashore, afloat, in the open or under cover, and/or sail away to another Port with the Goods. Exercise of this clause 26(d) shall constitute due delivery under this Bill of Lading whereupon all liability whatsoever of the Carrier in respect of the Goods or that part thereof shall cease and any costs incurred in connection with the exercise of this clause 26(d) shall be payable on demand by the Merchant to the Carrier.
  • e. If the Merchant refuses to take delivery of the Goods, or fails to collect the Goods upon demand by the Carrier or if in the Carrier’s opinion the Goods are likely to deteriorate, decay or become worthless, and/or incur charges for storage or otherwise in excess of their value, the Carrier may, at his sole discretion and without prejudice to any other rights which he may have against the Merchant, sell, abandon or otherwise dispose of the Goods without notice and without any liability 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 in respect of this Bill of Lading, and the Merchant shall be deemed to have waived any claim which they may have against the Carrier in respect of the Goods or the Carriage thereof.
  • f. The Carrier excludes liability which may arise from release of goods against production of fraudulent bills of lading that the carrier reasonably at his sole discretion judges to be genuine.

27. Both-to-Blame Collision

The Both-to-Blame Collision Clause as adopted by BIMCO shall be incorporated herein.

28. General Average/New Jason Clause

The New Jason Clause as approved by BIMCO shall be incorporated herein.

29. Validity and Variation of the Contract

The terms of this Bill of Lading supercede any prior agreement between the Merchant and the Carrier. No servant or agent of the Carrier shall have the power to vary or waive any term of this Bill of Lading unless such waiver or variation is in writing and is specifically authorised or ratified in writing by the Carrier. In the event that anything herein is inconsistent with any applicable International Convention or national law which cannot be departed from by private contract, the provisions hereof shall be to the extent of such inconsistency but no further null and void.

30. Vessels on Charter

In case of Goods being carried by a vessel not belonging to the Carrier but chartered by him, then the Carrier shall be entitled to any and all rights, demurrer, prescription, exemptions from and limitations of liability available to the owners of the vessel as if the Bill of Lading has been issued by the owner of the vessel or on his behalf.

31. Law and Jurisdiction

The contact evidenced hereby and/or contained herein shall be governed by English Law. Any claim or other dispute hereunder shall be solely determined by the English Courts unless the Carrier otherwise agrees in writing.

General Terms and Conditions

As Agents Only

The Customer’s attention is drawn to specific Clauses hereof which exclude or limit the Company’s liability and those which require the customer to indemnify the company in certain circumstances and those which limit time being Clauses 8, 10, 12-14 inclusive, 18-20 inclusive, and 24-27 inclusive insurance may only be effected by the Company under clause 11(A) if so authorised by the Financial Services Authority or its successor all headings are indicative and do not form part of these conditions

Definitions and Application

1: In these conditions the following words shall have the following meanings:

  • “Company” the BIFA member trading under these conditions.
  • “Consignee” the Person to whom the goods are consigned.
  • “Customer” any Person at whose request or on whose behalf the Company undertakes any business or provides advice, information or services.
  • “Direct Representative” the Company acting in the name of and on behalf of the Customer and/or Owner with H.M. Revenue and Customs (“HMRC”) as defined by Council Regulation 2913/92 or as amended.
  • “Goods” the cargo to which any business under these conditions relates.
  • “Person” natural person(s) or any body or bodies corporate.
  • “SDR” are Special Drawing Rights as defined by the International Monetary Fund.
  • “Transport Unit” packing case, pallets, container, trailer, tanker, or any other device used whatsoever for and in connection with the carriage of Goods by land, sea or air.
  • “Owner” the Owner of the Goods or Transport Unit and any other Person who is or may become interested in them.

2:

  • (A) Subject to sub-paragraph (B) below, all and any activities of the Company in the course of business, whether gratuitous or not, are undertaken subject to these conditions.
  • (B) If any legislation, to include regulations and directives, is compulsorily applicable to any business undertaken, these conditions shall, as regards such business, be read as subject to such legislation, and nothing in these conditions shall be construed as a surrender by the Company of any of its rights or immunities or as an increase of any of its responsibilities or liabilities under such legislation, and if any part of these conditions be repugnant to such legislation to any extent, such part shall as regards such business be overridden to that extent and no further.

3: The Customer warrants that he is either the Owner, or the authorised agent of the Owner and, also, that he is accepting these conditions not only for himself, but also as agent for and on behalf of the Owner.

The Company

4:

  • (A) Subject to clauses 11 and 12 below, the Company shall be entitled to procure any or all of the services as an agent, or, to provide those services as a principal.
  • (B) The Company reserves to itself full liberty as to the means, route and procedure to be followed in the performance of any service provided in the course of business undertaken subject to these conditions.

5: When the Company contracts as a principal for any services, it shall have full liberty to perform such services itself, or, to subcontract on any terms whatsoever, the whole or any part of such services.

6:

  • (A) When the Company acts as an agent on behalf of the Customer, the Company shall be entitled, and the Customer hereby expressly authorises the Company, to enter into all and any contracts on behalf of the Customer as may be necessary or desirable to fulfil the Customer’s instructions, and whether such contracts are subject to the trading conditions of the parties with whom such contracts are made, or otherwise.
  • (B) The Company shall, on demand by the Customer, provide evidence of any contract entered into as agent for the Customer. Insofar as the Company may be in default of the obligation to provide such evidence, it shall be deemed to have contracted with the Customer as a principal for the performance of the Customer’s instructions.

7: In all and any dealings with HMRC for and on behalf of the Customer and/or Owner, the Company is deemed to be appointed, and acts as, Direct Representative only.

8:

  • (A) Subject to sub-clause (B) below, the Company:
    • (i) has a general lien on all Goods and documents relating to Goods in its possession, custody or control for all sums due at any time to the Company from the Customer and/or Owner on any account whatsoever, whether relating to Goods belonging to, or services provided by or on behalf of the Company to the Customer or Owner. Storage charges shall continue to accrue on any Goods detained under lien;
    • (ii) shall be entitled, on at least 28 days notice in writing to the Customer, to sell or dispose of or deal with such Goods or documents as agent for, and at the expense of, the Customer and apply the proceeds in or towards the payment of such sums;
    • (iii) shall, upon accounting to the Customer for any balance remaining after payment of any sum due to the Company, and for the cost of sale and/or disposal and/or dealing, be discharged of any liability whatsoever in respect of the Goods or documents.
  • (B) When the Goods are liable to perish or deteriorate, the Company’s right to sell or dispose of or deal with the Goods shall arise immediately upon any sum becoming due to the Company, subject only to the Company taking reasonable steps to bring to the Customer’s attention its intention to sell or dispose of the Goods before doing so.

9: The Company shall be entitled to retain and be paid all brokerages, commissions, allowances and other remunerations customarily retained by, or paid to, freight forwarders.

10:

  • (A) Should the Customer, Consignee or Owner of the Goods fail to take delivery at the appointed time and place when and where the company is entitled to deliver, the Company shall be entitled to store the Goods, or any part thereof, at the sole risk of the Customer or Consignee or Owner, whereupon the Company’s liability in respect of the Goods, or that part thereof, stored as aforesaid, shall wholly cease. The Company’s liability, if any, in relation to such storage, shall be governed by these conditions. All costs incurred by the Company as a result of the failure to take delivery shall be deemed as freight earned, and such costs shall, upon demand, be paid by the Customer.
  • (B) The Company shall be entitled at the expense of the Customer to dispose of or deal with (by sale or otherwise as may be reasonable in all the circumstances):
    • (i) after at least 28 days notice in writing to the Customer, or (where the Customer cannot be traced and reasonable efforts have been made to contact any parties who may reasonably be supposed by the Company to have any interest in the Goods) without notice, any Goods which have been held by the Company for 90 days and which cannot be delivered as instructed; and
    • (ii) without prior notice, any Goods which have perished, deteriorated, or altered, or are in immediate prospect of doing so in a manner which has caused or may reasonably be expected to cause loss or damage to the Company, or third parties, or to contravene any applicable laws or regulations.

11:

  • (A) No insurance will be effected except upon express instructions given in writing by the Customer and accepted in writing by the Company, and all insurances effected by the Company are subject to the usual exceptions and conditions of the policies of the insurers or underwriters taking the risk. Unless otherwise agreed in writing, the Company shall not be under any obligation to effect a separate insurance on the goods, but may declare it on any open or general policy held by the Company.
  • (B) Insofar as the Company agrees to effect insurance, the Company acts solely as agent for the Customer, and the limits of liability under clause 26(A) (ii) of these conditions shall not apply to the Company’s obligations under clause 11.

12:

  • (A) Except under special arrangements previously made in writing by an officer of the Company so authorised, or made pursuant to or under the terms of a printed document signed by the Company, any instructions relating to the delivery or release of the Goods in specified circumstances (such as, but not limited to, against payment or against surrender of a particular document) are accepted by the Company, where the Company has to engage third parties to effect compliance with the instructions, only as agents for the Customer.
  • (B) Despite the acceptance by the Company of instructions from the Customer to collect freight, duties, charges, dues, or other expenses from the Consignee, or any other Person, on receipt of evidence of proper demand by the Company, and, in the absence of evidence of payment (for whatever reason) by such Consignee, or other Person, the Customer shall remain responsible for such freight, duties, charges, dues, or other expenses.
  • (C) The Company shall not be under any liability in respect of such arrangements as are referred to under sub-clause (A) and (B) hereof save where such arrangements are made in writing, and in any event, the Company’s liability in respect of the performance of, or arranging the performance of, such instructions shall not exceed the limits set out in clause 26(A) (ii) of these conditions.

13: Advice and information, in whatever form it may be given, is provided by the Company for the Customer only. The Customer shall indemnify the Company against all loss and damage suffered as a consequence of passing such advice or information on to any third party.

14: Without prior agreement in writing by an officer of the Company so authorised, the Company will not accept or deal with Goods that require special handling regarding carriage, handling, or security whether owing to their thief attractive nature or otherwise including, but not limited to bullion, coin, precious stones, jewellery, valuables, antiques, pictures, human remains, livestock, pets, plants. Should any Customer nevertheless deliver any such goods to the Company, or cause the Company to handle or deal with any such goods, otherwise than under such prior agreement, the Company shall have no liability whatsoever for or in connection with the goods, howsoever arising.

15: Except pursuant to instructions previously received in writing and accepted in writing by the Company, the Company will not accept or deal with Goods of a dangerous or damaging nature, nor with Goods likely to harbour or encourage vermin or other pests, nor with Goods liable to taint or affect other Goods. If such Goods are accepted pursuant to a special arrangement, but, thereafter, and in the opinion of the Company, constitute a risk to other goods, property, life or health, the Company shall, where reasonably practicable, contact the Customer in order to require him to remove or otherwise deal with the goods, but reserves the right, in any event, to do so at the expense of the Customer.

16: Where there is a choice of rates according to the extent or degree of the liability assumed by the Company and/or third parties, no declaration of value will be made and/or treated as having been made except under special arrangements previously made in writing by an officer of the Company so authorised as referred to in clause 26(D). “Company” – the BIFA member trading under these conditions “Consignee” – the Person to whom the goods are consigned “Customer” – any Person at whose request or on whose behalf the Company undertakes any business or provides advice, information or services “Direct Representative” – the Company acting in the name of and on behalf of the Customer and/or Owner with H.M. Revenue and Customs (“HMRC”) as defined by Council Regulation 2193/92 or as amended “Goods” – the cargo to which any business under these conditions relates “Person” – natural person(s) or any body or bodies corporate “SDR” – are Special Drawing Rights as defined by the International Monetary Fund “Transport Unit” – packing case, pallets, container, trailer, tanker, or any other device used whatsoever for and in connection with the carriage of Goods by land, sea or air “Owner” – the Owner of the Goods or Transport Unit and any other Person who is or may become interested in them.

The Customer

17:

  • (A) The Customer warrants:
    • (i) that the description and particulars of any Goods or information furnished, or services required, by or on behalf of the Customer are full and accurate, and
    • (ii) that any Transport Unit and/or equipment supplied by the Customer in relation to the performance of any requested service is fit for purpose, and
  • (B) that all Goods have been properly and sufficiently prepared, packed, stowed, labelled and/or marked, and that the preparation, packing, stowage, labelling and marking are appropriate to any operations or transactions affecting the Goods and the characteristics of the Goods.
  • (C) that where the Company receives the Goods from the Customer already stowed in or on a Transport Unit, the Transport Unit is in good condition, and is suitable for the carriage to the intended destination of the Goods loaded therein, or thereon, and
  • (D) that where the Company provides the Transport Unit, on loading by the Customer, the Transport Unit is in good condition, and is suitable for the carriage to the intended destination of the Goods loaded therein, or thereon.

18: Without prejudice to any rights under clause 15, where the Customer delivers to the Company, or causes the Company to deal with or handle Goods of a dangerous or damaging nature, or Goods likely to harbour or encourage vermin or other pests, or Goods liable to taint or affect other goods, whether declared to the Company or not, he shall be liable for all loss or damage arising in connection with such Goods, and shall indemnify the Company against all penalties, claims, damages, costs and expenses whatsoever arising in connection therewith, and the Goods may be dealt with in such manner as the Company, or any other person in whose custody they may be at any relevant time, shall think fit.

19: The Customer undertakes that no claim shall be made against any director, servant, or employee of the Company which imposes, or attempts to impose, upon them any liability in connection with any services which are the subject of these conditions, and, if any such claim should nevertheless be made, to indemnify the Company against all consequences thereof.

20: The Customer shall save harmless and keep the Company indemnified from and against:-

  • (A) all liability, loss, damage, costs and expenses whatsoever (including, without prejudice to the generality of the foregoing, all duties, taxes, imposts, levies, deposits and outlays of whatsoever nature levied by any authority in relation to the Goods) arising out of the Company acting in accordance with the Customer’s instructions, or arising from any breach by the Customer of any warranty contained in these conditions, or from the negligence of the Customer, and
  • (B) without derogation from sub-clause (A) above, any liability assumed, or incurred by the Company when, by reason of carrying out the Customer’s instructions, the Company has become liable to any other party, and
  • (C) all claims, costs and demands whatsoever and by whomsoever made or preferred, in excess of the liability of the Company under the terms of these conditions, regardless of whether such claims, costs, and/or demands arise from, or in connection with, the breach of contract, negligence or breach of duty of the Company, its servants, sub-contractors or agents, and
  • (D) any claims of a general average nature which may be made on the Company.

21:

  • (A) The Customer shall pay to the Company in cash, or as otherwise agreed, all sums when due, immediately and without reduction or deferment on account of any claim, counterclaim or set-off.
  • (B) The Late Payment of Commercial Debts (Interest) Act 1998, as amended, shall apply to all sums due from the Customer.

22: Where liability arises in respect of claims of a general average nature in connection with the Goods, the Customer shall promptly provide security to the Company, or to any other party designated by the Company, in a form acceptable to the Company.

Liability and Limitation

23: The Company shall perform its duties with a reasonable degree of care, diligence, skill and judgment. 24:The Company shall be relieved of liability for any loss or damage if, and to the extent that, such loss or damage is caused by:

  • (A) strike, lock-out, stoppage or restraint of labour, the consequences of which the Company is unable to avoid by the exercise of reasonable diligence; or
  • (B) any cause or event which the Company is unable to avoid, and the consequences of which the company is unable to prevent by the exercise of reasonable diligence.

25: Except under special arrangements previously made in writing by an officer of the Company so authorised, the Company accepts no responsibility with regard to any failure to adhere to agreed departure or arrival dates of Goods.

26:

  • (A) Subject to clause 2(B) and 11(B) above and sub-clause (D) below, the Company’s liability howsoever arising and, notwithstanding that the cause of loss or damage be unexplained, shall not exceed
    • (i) in the case of claims for loss or damage to Goods:
      • (a) the value of any loss or damage, or
      • (b) a sum at the rate of 2 SDR per kilo of the gross weight of any Goods lost or damaged whichever shall be the lower.
    • (ii) subject to (iii) below, in the case of all other claims:
      • (a) the value of the subject Goods of the relevant transaction between the Company and its Customer, or
      • (b) where the weight can be defined, a sum calculated at the rate of two SDR per kilo of the gross weight of the subject Goods of the said transaction, or
      • (c) 75,000 SDR in respect of any one transaction, whichever shall be the least.
    • (iii) in the case of an error and/or omission, or a series of errors and/or omissions which are repetitions of or represent the continuation of an original error, and/or omission
      • (a) the loss incurred, or
      • (b) 75,000 SDR in the aggregate of any one trading year commencing from the time of the making of the original error, and/or omission, whichever shall be the lower. For the purposes of clause 26(A), the value of the Goods shall be their value when they were, or should have been, shipped. The value of SDR shall be calculated as at the date when the claim is received by the Company in writing.
  • (B) Subject to clause 2(B) above and sub-clause (D) below, the Company’s liability for loss or damage as a result of failure to deliver, or arrange delivery of goods, in a reasonable time, or (where there is a special arrangement under Clause 25) to adhere to agreed departure or arrival dates, shall not in any circumstances whatever exceed a sum equal to twice the amount of the Company’s charges in respect of the relevant contract.
  • (C) Save in respect of such loss or damage as is referred to at sub-clause (B), and subject to clause 2(B) above and Sub-Clause (D) below, the Company shall not in any circumstances whatsoever be liable for indirect or consequential loss such as (but not limited to) loss of profit, loss of market, or the consequences of delay or deviation, however caused.
  • (D) On express instructions in writing declaring the commodity and its value, received from the Customer and accepted by the Company, the Company may accept liability in excess of the limits set out in sub-clauses (A) to (C) above upon the Customer agreeing to pay the Company’s additional charges for accepting such increased liability. Details of the Company’s additional charges will be provided upon request.

27:

  • (A) Any claim by the Customer against the Company arising in respect of any service provided for the Customer, or which the Company has undertaken to provide, shall be made in writing and notified to the Company within 14 days of the date upon which the Customer became, or ought reasonably to have become, aware of any event or occurrence alleged to give rise to such claim, and any claim not made and notified as aforesaid shall be deemed to be waived and absolutely barred, except where the Customer can show that it was impossible for him to comply with this time limit, and that he has made the claim as soon as it was reasonably possible for him to do so.
  • (B) Notwithstanding the provisions of sub-paragraph (A) above, the Company shall in any event be discharged of all liability whatsoever and howsoever arising in respect of any service provided for the Customer, or which the Company has undertaken to provide, unless suit be brought and written notice thereof given to the Company within nine months from the date of the event or occurrence alleged to give rise to a cause of action against the Company.

Jurisdiction and Law

28: These conditions and any act or contract to which they apply shall be governed by English law and any dispute arising out of any act or contract to which these Conditions apply shall be subject to the exclusive jurisdiction of the English courts.

Terms and Conditions For Website Use

As Agents Only

At Tuscor Lloyds we are committed to protecting and preserving the privacy of our visitors when visiting our site or communicating electronically with us. This Privacy Policy contains an explanation of what happens to personal data that you choose to provide to us, or that we collect from you whilst you visit this site. Our Privacy Policy should be read in conjunction with our terms of website use. We do occasionally update this Policy so please do return and review this Policy from time to time.

Information We Collect

In running and operating this website we may collect and process certain data and information relating to you and your use of this site. This data and information is detailed below:

  1. Details of visits to our website and the pages and resources that are accessed, including, but not limited to, traffic data, location data and other communication data that may assist us in understanding how visitors use this website.
  2. Information that visitors provide to us as a result of filling in forms on our website, such as when a visitor registers for information or makes a purchase.
  3. Information provided to us when our visitors communicate with us electronically for any reason.

Use of Cookies

Cookies are sometimes used to improve the website experience of a visitor to a website. We may sometimes use cookies on this website to record aggregate statistical information about the visitors to our site and the use that our visitors make of the website. When collected this information is used by us to improve our website and further enhance the visitor experience and, may be shared with advertisers. Pease note that no personally identifiable information is recorded. We may also use the cookies to gather information about your general internet use to further assist us in developing or website. Where used, these cookies are downloaded to your computer automatically. This cookie file is stored on the hard drive of your computer. Cookies contain information that is transferred to your computer’s hard drive and then stored there and transferred to us where appropriate to help us to improve our website and the service that we provide to you. All computers have the ability to decline cookies. You can easily decline or remove cookies from your computer using the settings within the Internet Options section in your computer control panel. Our advertisers may also use cookies on their website. We have no control over this and you should review the privacy policy of any advertiser that you visit as a result of an advert or link on this website.

Use of Your Information

The information we collect is used for our own use in developing our website and also occasionally by advertisers on this site. In addition, we may use the information for the following purposes:

  1. To provide you with information relating to our website, products or our services that you request from us.
  2. To provide you with information on other products that we feel may be of interest to you.
  3. To meet our contractual obligations to you.
  4. To notify you about any changes to our website, including improvements, and service or product changes that may affect our website.

If you are an existing customer, we may contact you with information about goods and services similar to those that you have expressed an interest in previously via our website. Finally, we may use your data, or allow carefully selected third parties to use your data, so that you can be provided with information about unrelated goods and services which we consider are likely to be of interest to you. We or they may contact you about these goods and services by any of the methods that you consented to at the time your information was collected. If you are a new customer, we will only contact you or allow third parties to contact you only when you have provided consent and, only by those means you provided consent for. If you do not want us to use your data for our or third parties use then you will always have the option to object to such use.

Storing Your Personal Data

Information that we collect may on occasion be transferred and stored outside of the European Union for the purpose of supplying our goods or services to you. By submitting your personal data, you agree to this transfer, storing or processing. We will always take all reasonable precautions to make sure that your data remains secure and is handled in accordance with this Privacy Policy. Data that is provided to us is stored on our secure servers. Details relating to any transactions entered into on our site will be encrypted to ensure its safety. The transmission of information via the internet is not completely secure and therefore we cannot guarantee the security of data sent to us electronically and transmission of such data is therefore entirely at your own risk. Where we have given you (or where you have chosen) a password so that you can access certain parts of our site, you are responsible for keeping this password confidential.

Disclosing Your Information

Where applicable, we may disclose your personal information to any member of our group. This includes, where applicable, our subsidiaries, our holding company and its other subsidiaries (if any). We may also disclose your personal information to third parties:

  1. Where we sell any or all of our business and/or our assets to a third party.
  2. Where we are legally required to disclose your information.
  3. To assist fraud reduction and minimise credit risks.

Third Party Links

You mind find links to third party websites on our website. These websites should have their own privacy policies which you should check. We do not accept any responsibility or liability for their policies whatsoever as we have no control over them.

Access to Information

The Data Protection Act 1998 gives all individuals the right to access personal information that is held about them. You can request a copy of any information that we hold about you. Please note that any request for this information may be subject to payment of £10 which covers our administrative costs. Please contact us if you wish to make such a request.

Contacting Us

If you have any questions or queries relating to this Privacy Policy then please contact us atshipping@tuscorlloyds.com

Terms and Conditions for Quotes

As Agents Only

Road Shipments

  1. Excludes UK VAT where applicable.
  2. Quote is subject to availability of suitable route, equipment and permits at time of movement.
  3. Quote is subject to availability of suitable weather conditions at time of movement where applicable.
  4. Local Authority approval for special orders requires 8 weeks’ notice, or as advised at time of quotation.
  5. Quote is based on free loading and offloading unless otherwise arranged, subject to suitable hard standing and access on all sites for all vehicles.
  6. Subject to full clearance on the road and access points – route surveys are assumed correct at time of shipment but may not be so.
  7. Any costs incurred due to road works, weather, port strikes, government re-directions or any other unexpected factor will be charged to the cargo’s account.
  8. 3 hours allowed for loading and offloading after which demurrage charges apply.
  9. Excludes all costs of police escorts, traffic management, tree surgery, cables and street furniture works where required. These extra items will be charged at cost plus 10%.
  10. Excludes any VBS or other port charges where applicable.
  11. Quotation is based on normal weekday working – weekend and bank holiday work may incur additional charges not included in the quotation.
  12. Subject to receipt of detailed transport drawings.
  13. Should additional Insurance above standard CMR conditions be required it is the responsibility of the goods’ owner.
  14. A written order is required to apply for necessary permits. If for any reason the job is cancelled after receipt of the order all incurred costs will be passed to the customer with a 10% handling charge.
  15. Quote is valid for 30 days (excluding fuel surcharges where applicable) based on current rate of exchange.
  16. Quotations are based on the terms above. Live shipments will thereafter be carried out in accordance with the terms and conditions on the CMR notes.

Containerised and Liner Cargo

  1. Customer responsible for safe loading of equipment as applicable, weight distribution and securing of cargo to prevent moving/shifting during transit.
  2. Subject to suitable vessel, space and equipment availability.
  3. Routing schedules, transit times will be subject to confirmation at time of booking
  4. Rate excludes any customs formalities and local charges and costs on arrival destination.
  5. Subject to final approval by the marine surveyor and acceptance by the carriers agents and SS line.
  6. BAF is Vatos
  7. Validity: 30 days from the date of this quotation.
  8. Any cancellations or changes to the shipment dates may be subject to charges, including dead freight, at the discretion of the carrier.
  9. Quotes are based on the terms above. Live shipment will thereafter be carried out in accordance with the terms and conditions of the bill of lading.
  10. Indications or quotations are based on supplied drawings details and specifications however vague at the time of quotation. Deviations or changes from the cargo description may result in rate adjustments as required by the carrier.

Conventional Cargo and Chartering Shipments

  1. Subject to review of packing details, diagrams and full specifications.
  2. Cargo suitably port marked for shipment, including full descriptions, weights, measures and clear COG markings.
  3. Deck option permitted.
  4. Transhipment permitted.
  5. Based on suitable vessel availability, space and equipment at the time of shipment.
  6. Cargo may be subject to cargo survey and acceptance at time of shipment will be at the discretion of the carrier.
  7. Subject to port and vessel acceptance at the time of shipping.
  8. Subject to suitable weather conditions at the time of loading and shipping.
  9. Load/discharge DNSSHINC demurrage charges may be incurred for delays in port.
  10. Indications or quotations are based on supplied drawings details and specifications however vague at the time of quotation. Deviations or changes from the cargo description may result in rate adjustments as required by the carrier.
  11. Any cancellations or changes to the shipment dates may be subject to charges, including dead freight, at the discretion of the carrier.
  12. Any delays and subsequent costs incurred due to matters beyond the control of the carrier will be at the cargo’s risk.
  13. Routing schedules, transit times and transhipment will be subject to confirmation at the time of booking.
  14. Rate excludes any customs formalities and local charges on arrival at the port of destination.
  15. CAF/BAF is variable at time of shipment.
  16. Validity: 30 days from the date of this quotation.
  17. Quotes are based on the terms above. Vessel fixtures will be governed by the clauses contained in the booking note. Live shipment will thereafter be carried out in accordance with the terms and conditions of the bill of lading.
Phone Calls

Tuscor Lloyds Acts As Agents Only

Please note phone calls may be recorded for training and customer service purposes.

Emails

Tuscor Lloyds Acts As Agents Only

This E-mail is intended for the addressee(s) named above and any other use is prohibited. It may contain confidential information. If you receive this E-mail in error, Please contact the sender by return E-mail. Tuscor Lloyds does not accept legal responsibility for the contents of this message if it has reached you via the Internet. Any opinions expressed are those of the author and are not necessarily endorsed by Tuscor Lloyds. Recipients are advised to apply their own virus checks through this message and all incoming E-mail on delivery. All other services provided are performed as agents for the shipper/consignee and are provided under the current edition of the Standard Trading Conditions of BIFA (2005) & our Bill of Lading. Copies of all of these conditions are available on request.

Company Registration Details

Tuscor Lloyds Acts As Agents Only

Reg. No: 291 6888 England | VAT NO: 588 7817 63 | BIFA Reg. No: 2495

Tuscor Lloyds Acts As Agents Only

Reg. No: 031 94387 England | VAT NO: 628 7767 86 |

Credit Agreement

 

Credit Agreement Terms and Conditions

1. This credit agreement is between Tuscor Lloyds Limited (hereafter also known as ‘the company’), and the entity named on the front page of this document (hereafter also known as ‘the customer’).

2. All trading is conducted under standard terms of trade as published by BIFA. These terms are available on request, and are to be read in conjunction with the bill of lading (if issued), and the payment/credit terms set out herein.

3. Any claims for damage or loss of cargo whilst in transit are part of separate discussions and will not affect the payment of freight and other charges as set out on this invoice.

4. Any disputes arising from performance of obligations under contracts outside of this agreement shall not in any way influence or alter the terms of this credit agreement. Withholding payment for reasons connected to any other contract shall be deemed a breach of this agreement.

5. By signing this agreement you declare that the information contained herein is accepted and correct to the best of your knowledge. As a signatory, you are entering into a legal agreement and do so in the full knowledge and apparent or actual authority of the party on whose behalf you are signing.

6. Tuscor Lloyds Limited will continue to issue statements of account throughout the credit period. Please take note of invoice due dates and ensure all payments are up to date.

7. This credit agreement is subject to periodic review by the company. Credit is granted on a purely discretionary basis. The customer may be requested to sign new credit agreements when applicable.

8. Any application for credit is subject to trade references and credit checks by Tuscor Lloyds Limited. If the status of the customer changes, then the company reserves the right to cancel the current agreement and request a re-application for credit from the customer.

9. The customer must make a fresh credit application in order to vary terms and extend the agreed credit period or limit.

10. If these credit terms are not being met by the customer, then the company reserves the right to cancel the credit agreement.

11. If any event occurs which can be seen to influence the customer’s ability to settle their account within terms, unexpected or otherwise, Tuscor Lloyds Limited reserves the right to cancel credit arrangements in order to limit exposure the company.

12. Tuscor Lloyds Limited reserves the right to alter, change or amend the credit terms without notice, explanation or prejudice to any other agreements or contracts.

13. Credit is granted from the date of invoice up to and including the final day allowed to pay as shown on the credit agreement.

14. Any default of payment falls under the statutory law of England and Wales. Default or late payment may attract further administrative costs and interest as applicable under statutory law.

15. The credit limit is shown on the front of this agreement. If the limit is exceeded then standard payment terms are to be applied. Standard payment terms are immediate payment due on the date of invoice. Tuscor Lloyds Limited reserves the right to demand immediate payments to bring the balance down to the assigned credit limit.

16. All queries related to billing by Tuscor Lloyds Limited must be submitted in writing within 7 days from the date of invoice. In any event queries or disputes do not affect the due date of invoice, and any new invoices issued to correct the matter (if applicable) will become due on the same date as the first (originally disputed) invoice.

17. This agreement is subject to the jurisdiction of England and Wales.

Credit Agreement Terms and Conditions

1. This credit agreement is between Tuscor Lloyds (UK) Limited (hereafter also known as ‘the company’), and the entity named on the front page of this document (hereafter also known as ‘the customer’).

2. All trading is conducted under standard terms of trade as published by BIFA. These terms are available on request, and are to be read in conjunction with the bill of lading (if issued), and the payment/credit terms set out herein.

3. Any claims for damage or loss of cargo whilst in transit are part of separate discussions and will not affect the payment of freight and other charges as set out on this invoice.

4. Any disputes arising from performance of obligations under contracts outside of this agreement shall not in any way influence or alter the terms of this credit agreement. Withholding payment for reasons connected to any other contract shall be deemed a breach of this agreement.

5. By signing this agreement you declare that the information contained herein is accepted and correct to the best of your knowledge. As a signatory, you are entering into a legal agreement and do so in the full knowledge and apparent or actual authority of the party on whose behalf you are signing.

6. Tuscor Lloyds (UK) Limited will continue to issue statements of account throughout the credit period. Please take note of invoice due dates and ensure all payments are up to date.

7. This credit agreement is subject to periodic review by the company. Credit is granted on a purely discretionary basis. The customer may be requested to sign new credit agreements when applicable.

8. Any application for credit is subject to trade references and credit checks by Tuscor Lloyds (UK) Limited. If the status of the customer changes, then the company reserves the right to cancel the current agreement and request a re-application for credit from the customer.

9. The customer must make a fresh credit application in order to vary terms and extend the agreed credit period or limit.

10. If these credit terms are not being met by the customer, then the company reserves the right to cancel the credit agreement.

11. If any event occurs which can be seen to influence the customer’s ability to settle their account within terms, unexpected or otherwise, Tuscor Lloyds (UK) Limited reserves the right to cancel credit arrangements in order to limit exposure the company.

12. Tuscor Lloyds (UK) Limited reserves the right to alter, change or amend the credit terms without notice, explanation or prejudice to any other agreements or contracts.

13. Credit is granted from the date of invoice up to and including the final day allowed to pay as shown on the credit agreement.

14. Any default of payment falls under the statutory law of England and Wales. Default or late payment may attract further administrative costs and interest as applicable under statutory law.

15. The credit limit is shown on the front of this agreement. If the limit is exceeded then standard payment terms are to be applied. Standard payment terms are immediate payment due on the date of invoice. Tuscor Lloyds (UK) Limited reserves the right to demand immediate payments to bring the balance down to the assigned credit limit.

16. All queries related to billing by Tuscor Lloyds (UK) Limited must be submitted in writing within 7 days from the date of invoice. In any event queries or disputes do not affect the due date of invoice, and any new invoices issued to correct the matter (if applicable) will become due on the same date as the first (originally disputed) invoice.

17. This agreement is subject to the jurisdiction of England and Wales.