OPTIONAL STOWAGE AND DECK SHIPMENT

BILL OF LADING

DEFINITIONS

"Carrier" means the party on whose behalf this Bill of Lading has been signed.

"Merchant" includes the Charterer, the Shipper, the Receivers, the Consignees, the Holder of this Bill of Lading and the Owner the goods.

"Ship" includes any vessel owned, chartered or operated by the Carrier, used in the performance of the Contract, evidenced by this Bill of Lading.

PARAMOUNT CLAUSE

This Bill of Lading shall have effect subject to the provisions of the Merchant Shipping Code of the USSR, 1968, or the Hague Rules contained in the International Convention for the unification of certain rules relating to Bills Lading dated 25th August, 1924, if no national law is applied in accordance with cl. 3.

JURISDICTION

Dispute arising under this Bill of Lading shall be determined at the place where the Carrier has his principal place of business. No proceeding may be brought before other courts unless the parties both expressly agree on the choice of another court or arbitration.

SCOPE OF VOYAGE

The goods may be carried by any route whatsoever, whether or not the most direct or advertised customary route, via any ports or places in any order whatsoever and for whatsoever purpose visited, together with other goods of every kind, dangerous or otherwise, whether stowed on or under deck. Vessels may sail with or without pilots, undergo repairs adjust equipment, drydock and tow vessels in all situations.

SUB-CONTRACTING

The Carrier shall be entitled to subcontract on any terms the whole or any part of the carriage, transhipment, loading, unloading, storing, warehousing, handling and any and all duties whatsoever undertaken by the Carrier in relation to the goods.

LOADING, DISCHARGE AND DELIVERY

In regard to loading and discharge this Bill of Lading is subject to the terms, conditions and exceptions of the contract of affreightment according to which it is issued. In the absence of such an agreement the goods, are received and delivered under ship's tackle.

If the Merchant fails to take receipt of the goods as stipulated above the contract of carriage shall be considered as having been fulfilled and the Carrier shall be at liberty to put the goods into craft and/or land on the quay and/or storing etc, as the Carrier may think fit at the expense and risk of the Merchant. In this event the Carrier shall have the right to claim demurrage and/or discharge and store the goods as set out above.

LIGHTERAGE

The Carrier in arranging for lighters or other transportation between ship and shore, does so as the Merchant's agent and for account and risk of the goods.

OPTIONAL STOWAGE AND DECK SHIPMENT

The Carrier is at liberty to stow the goods in poop, forecastle, shelterdeck, spare bunkers or any covered space commonly used in the trade for the carriage of such goods and when so stowed shall be deemed for all purposes to be stowed under deck. Where the goods are stated herein to be received and/or shipped as deck cargo such goods are carried at Merchant's risk, in which case the Сarrier shall be under no liability for any loss or detention thereof, or damage thereto, arising from any cause whatsoever. The Carrier shall be entitled to carry goods on deck in containers, trailer, transportable tanks or similar articles of transport used to consolidate goods whether they are stowed there by him or Merchant. The Сarrier is not required to give notice to the Merchants of any stowage and carriage as provided in this clause. These goods (container etc.) carried on deck shall be treated as if they were stowed under deck and the Hague and York-Antwerp Rules as incorporated herein shall be applicable to them.

Date: 2015-12-11; view: 1361