LIMITATION OF RESPONSIBILITY

In no case shall the Carrier be liable in an amount exceeding Rbls. 250. — per package or unit, or the equivalent of that sum in other currency, unless declared with value on the Bill of Lading. When carrying loaded containers, pallets or other similar unit loads the Carrier is responsible for the number of packages enumerated in the Bill of Lading, i. e. either for the whole container (the pallet) or for its contents according to the number of packages loaded into it if such number is inserted in the Bill of Lading. In the absence of any particulars about the number of packages loaded into such container (or on the pallet) the Carrier's responsibility is limited only to the number of unit loads on the whole.

NOTICE OF LOSS

Unless notice of loss or of damage to the goods and the general nature of it be given in writing to the Garner at the plaice of delivery 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 three 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.

TIME BAR

The Carrier shall be discharged of all liability under the rules of these conditions unless suit is brought within one year after delivery of the goods or in the case of total loss of the goods, the period shall begin with the moment when the goods should have been delivered.

DEFENCES FOR SERVANTS, etc.

The defences and limits of liability provided for in this B/L shall apply in any action against the Carrier for loss of or damage to the goods whether the action be founded in contract or in fort, also in any action against a servant, agent or independent contractor, unless it is proved that the loss or damage resulted from an act or omission of the Carrier or of this person done with intent to cause damage or recklessly and with knowledge that damage would probably result.

INSPECTION OF GOODS

The Сarrier shall be at liberty at the place of loading or discharging as well as during the voyage to have the contents, inspected in order to ascertain the weight, measurement or value for the purpose of verifying the freight basis and their correspondence to their description. If on such inspection it is found that the declaration is not correct it is agreed that a sum equal either to five times the difference between the correct figure and the freight charged, or to double the correct freight less the freight charged, whichever sum is the smaller, shall be payable as liquidated damages to the Carrier notwithstanding any other sum having been stated on the Bill of Lading.

SEALED GOODS

The Carrier shall not be responsible for the shortage of or damage to the goods arrived at the destination in good containers or other similar receptacle duly sealed by the Shipper and for goods delivered in other safe and good packages, without any signs of opening (unsealing) them during the carriage in case of Merchant's failure to prove that such shortage of or damage to the goods occurred through the fault of the Carrier.

LIEN

The Carrier shall have an absolute lien on goods for any amount due under this contract and for contribution in respect of General Average and for Salvage to whomsoever due, including costs of recovering the same and storage fees, and may enforce such lien in any reasonable manner which he may think fit. If on sale of the goods the proceeds fail to cover the amount due and the cost of expenses incurred, the Сarrier shall be entitled to recover the difference from the Merchant.

Date: 2015-12-11; view: 1057