The Merchant's attention is drawn to the fact that in accordance with Clauses 10

to 13 and Clause 24 of this Sea Waybill, the liability of the Carrier is limited in
respect of loss of or damage to the goods and delay.
* Applicable only when document used as a Through Sea Waybill
as Carrier
Above particulars as declared by Shipper but not acknowledged by the Carrier
Code Name: "LINEWAYBILL"
Shipper
Notify party/address
Vessel Port of loading
Port of discharge
LWB. No.
Reference No.
Container No./Seal No./Marks and Numbers
Gross weight, kg.
Place and date of issue
Signed for
Printed by the BIMCO Charter Party Editor
RECEIVED for carriage in apparent good order and condition (unless otherwise
stated herein) the total number of Containers/Packages or Units indicated in
the Box opposite entitled "Total No. of Containers/Packages or Units received
by the Carrier" and the goods as specified above, weight, measure, marks,
numbers, quality, quantity, contents and value unknown for delivery at the place
indicated above.
The goods shipped under this Sea Waybill will be delivered to the Party named
as Consignee or its authorised agent, on production of proof of identity without
any documentary formalities. Should the Shipper require delivery of the goods
to a party other than the Consignee stated in this Sea Waybill, then written
instructions must be given to the Carrier or his agent. The Shipper shall,
however, be entitled to transfer right of control of the goods to the Consignee,
the exercise of such option to be noted on this Sea Waybill and to be made no
later than the receipt of the goods by the Carrier. The Carrier shall exercise
due care ensuring that delivery is made to the proper party. However, in case
of incorrect delivery, the Carrier will accept no responsibility unless due to
fault or neglect on his part.
Freight and charges
Consignee (not to order)
Shipper's declared value of:
NON-NEGOTIABLE
LINER SEA WAYBILL
Issued by The Baltic and International Maritime Council (BIMCO),
subject to the CMI Uniform Rules for Sea Waybills.
Place of receipt by pre-carrier *
Place of delivery by on-carrier *
Number and kind of packages, description of goods
subject to payment of above extra charge.
Note:
by
As agent(s) only to the Carrier
Pre-carriage by *
Measurement, m
FOR CONDITIONS OF CARRIAGE SEE NEXT PAGE.
Total No. of Containers/Packages or Units received by the Carrier
Freight payable at
LINER SEA WAYBILL
Code Name: "LINEWAYBILL"
I. GENERAL PROVISIONS
1. Definitions.
"Carrier" means the party on whose behalf this Sea Waybill
has been signed.
"Merchant" includes the Shipper, the Receiver, the Consignor,
the Consignee and the owner of the goods.
2. Carrier's Tariff.
The terms of the Carrier's applicable Tariff on the date of
shipment 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 this Sea
Waybill and the applicable Tariff, this Sea Waybill shall prevail.
3. Law and Jurisdiction.
Disputes arising under this Sea Waybill shall be determined
by the courts and in accordance with the law at the place
where the Carrier has his principal place of business.
II. PERFORMANCE OF THE CONTRACT
4. Methods and Routes of Transportation.
(a) As the Vessel is engaged in liner service the intended
voyage shall not be limited to the direct route but shall be
deemed to include any proceeding or returning to or stopping
or slowing down at or off any ports or places for any reasonable
purpose connected with the service including maintenance
of the Vessel and crew, and the Vessel may sail with or without
pilots, undergo repairs, adjust equipment, drydock, be towed
or low vessels in all situations.
(b) Whether expressly arranged beforehand or otherwise,
the Carrier shall be at liberty to carry the goods to their port of
destination by the said or other vessel or vessels either
belonging to the Carrier or others, or by other means of
transport, proceeding either directly or indirectly to such port
and to carry the goods or part of them beyond their port of
destination, and to tranship, land and store the goods either
on shore or afloat and reship and forward the same at the
Carrier's expense but at the Merchant's risk.
5. Stowage.
(a) The Carrier shall have the right to stow goods by means
of containers, trailers, transportable tanks, flats, pallets, or
similar articles of transport used to consolidate goods.
(b) The Carrier shall have the right to carry containers,
trailers, transportable tanks and covered flats, whether stowed
by the Carrier or received by him in a stowed condition from
the Merchant on or under deck without notice to the Merchant.
6. Hindrances etc. Affecting Performance.
(a) The Carrier shall use reasonable endeavours to complete
the performance of this Contract.
(b) If at any time the performance of the Contract as
evidenced by this Sea Waybill is or will be affected by any
hindrance, risk, delay, difficulty or disadvantage of whatsoever
kind, and if by virtue of sub-clause 6(a) the Carrier has no
duty to complete the performance of the Contract, the Carrier
(whether or not the transport is commenced) may elect to
treat the performance of this Contract as terminated and place
the goods at the Merchant's disposal at any place which the
Carrier shall deem safe and convenient.
(c) If the Merchant has not taken delivery of the goods within
the time designated by the Carrier, the Carrier shall be at liberty
to put the goods in safe custody on behalf of the Merchant at
the latter's risk and expense, and, if not taken delivery of, to
sell the same privately or by auction after 14 days.
(d) In any event the Carrier shall be entitled to full freight for
goods received for transportation and additional compensation
for extra costs resulting from the circumstances referred to
above.
7. Lighterage.
Any customary, local lightering in or off ports of loading or
ports of discharge shall be for the account and risk of the
Carrier.
8. Loading, Discharging and Delivery.
(a) Loading, discharging and delivery of the cargo shall be
arranged by the Carrier's Agent unless otherwise agreed.
(b) All costs for storing and handling of the goods before
loading and after discharge shall be for the Merchant's
account.
(c) Loading and discharging may commence without
previous notice.
(d) The Merchant or his Assigns shall tender the goods when
the Vessel is ready to load and as fast as the Vessel can
receive and - but only if required by the Carrier - also outside
ordinary working hours notwithstanding any custom of the port.
Otherwise the Carrier shall be relieved of any obligation to
load such cargo and the Vessel may leave the port without
further notice and deadfreight is to be paid.
(e) The Merchant or his Assigns shall take delivery of the
goods and continue to receive the goods as fast as the Vessel
can deliver and - but only if required by the Carrier - also
outside ordinary working hours notwithstanding any custom
of the port. Otherwise the Carrier shall be at liberty to discharge
the goods and any discharge shall be deemed a true fulfilment
of the Contract, or alternatively to act under Clause 6.
(f) The Merchant shall bear all overtime charges in
connection with tendering and taking delivery of the goods as
above.
(g) The Merchant shall accept his reasonable proportion of
unidentified loose cargo.
9. Optional Ports of Discharge.
The port of discharge for optional cargo must be declared to
the Vessel's Agents at the first of the optional ports not later
than 48 hours before the Vessel's arrival there. In the absence
of such declaration the Carrier may elect to discharge at the
first or any other optional port and the contract of carriage
shall then be considered as having been fulfilled. Any option
can be exercised for the total quantity under this Sea Waybill
only.
III. CARRIER'S LIABILITY
10. Liability for Carriage Between Port of Loading and
Port of Discharge.
The International Convention for the Unification of Certain
Rules of Law relating to Bills of Lading signed at Brussels on
25 August 1924 ("the Hague Rules") as amended by the
Protocol signed at Brussels on 23 February 1968 ("the Hague-
Visby Rules") and as enacted in the country of shipment shall
apply to this Contract. When the Hague-Visby Rules are not
enacted in the country of shipment, the corresponding
legislation of the country of destination shall apply, irrespective
of whether such legislation may only regulate outbound
shipments.
When there is no enactment of the Hague-Visby Rules in either
the country of shipment or in the country of destination, the
Hague-Visby Rules shall apply to this Contract save where
the Hague Rules as enacted in the country of shipment or if
no such enactment is in place, the Hague Rules as enacted
in the country of destination apply compulsorily to this
Contract.
The Protocol signed at Brussels on 21 December 1979 ("the
SDR Protocol 1979") shall apply where the Hague-Visby Rules
apply, whether mandatorily or by this Contract.
The Carrier shall in no case be responsible for loss of or
damage to cargo arising prior to loading, after discharging, or
while the cargo is in the charge of another carrier, or with
respect to deck cargo and live animals.
11. Liability for Pre- and On-Carriage.
When engaging to receive the goods at a place other than the
Vessel's Port of Loading or to deliver the goods at a place
other than the Vessel's Port of Discharge, the Carrier acts as
the Merchant's Agent only and shall be entitled to sub-contract
the carriage on any terms. The Carrier shall not be liable for
any loss or damage arising during any part of the transport
other than that between the Port of Loading and Port of
Discharge even though the freight for the whole transport has
been collected by him.
12. Amount of Compensation.
(a) 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 value of such goods at the
place and time they are delivered to the Merchant or should
have been so delivered in accordance with the Contract.
(b) The value of the goods shall be fixed according to the
commodity exchange price or, if there be no such price,
according to the current market price or, if there be no
commodity exchange price or current market price, by
reference to the normal value of goods of the same kind and
quality.
(c) Higher compensation than provided for in Clause 10 may
be claimed only when, with the consent of the Carrier, the
value for the goods declared by the Shipper which exceeds
the limits laid down in Clause 10 has been stated on the face
of this Sea Waybill at the place indicated. In that case the
amount of the declared value shall be substituted for that limit.
13. Delay, Consequential Loss, etc.
If the Carrier is held liable in respect of delay, consequential
loss or damage other than loss of or damage to the goods,
the liability of the Carrier shall be limited to the freight for the
transport covered by this Sea Waybill, or to the limitation
amount as determined in Clause 10, whichever is the lesser.
14. Defences and Limits for the Carrier, Servants, etc.
(a) The defences and limits of liability provided in this Sea
Waybill shall apply in any action against the Carrier for loss of
or damage to the goods whether the action can be founded in
contract or in tort.
(b) The Carrier shall not be entitled to the benefit of the
limitation of liability provided for in this Sea Waybill, if it is
proved that the loss or damage resulted from a personal act
or omission of the Carrier done with intent to cause such loss
or damage or recklessly and with knowledge that damage
would probably result.
(c) The Merchant undertakes that no claim shall be made
against any servant, agent or other persons whose services
the Carrier has used in order to perform this Contract and if
any claim should nevertheless be made, to indemnify the
Carrier against all consequences thereof.
(d) However, the provisions of this Sea Waybill apply
whenever claims relating to the performance of this Contract
are made against any servant, agent or other persons whose
services the Carrier has used in order to perform this Contract,
whether such claims are founded in contract or in tort. In
entering into this Contract, the Carrier, to the extent of such
provisions, does so not only on his own behalf but also as
agent or trustee for such persons. The aggregate liability of
the Carrier and such persons shall not exceed the limits in
Clause 12 and, if applicable, Clause 24.
IV. DESCRIPTION OF GOODS
15. Carrier's Responsibility.
In the absence of reservation by the Carrier, any statement in
this Sea Waybill as to the quantity, order and/or condition of
the goods shall as between the Carrier and the Shipper be
prima facie evidence of receipt of the goods as so stated.
16. Shipper's Responsibility.
The Shipper shall be deemed to have guaranteed to the Carrier
the accuracy, at the time the goods were received for carriage,
of the description of the goods, marks, numbers, quantity and
weight, as furnished by him, and the Shipper shall defend,
indemnify and hold harmless the Carrier against all loss,
damage and expenses arising or resulting from inaccuracies
in or inadequacy of such particulars. The right of the Carrier
to such indemnity shall in no way limit his responsibility and
liability under this Sea Waybill to any person other than the
Shipper. The Shipper shall remain liable even if the goods
have been delivered.
17. Shipper-Packed Containers, etc.
(a) If a container has not been filled, packed or stowed by
the Carrier, the Carrier shall not be liable for any loss of or
damage to its contents and the Merchant shall cover any loss
or expense incurred by the Carrier, if such loss, damage or
expense has been caused by:
(i) negligent filling, packing or stowing of the container;
(ii) the contents being unsuitable for carriage in container;
or
(iii) the unsuitability or defective condition of the container
unless the container has been supplied by the Carrier
and the unsuitability or defective condition would not have
been apparent upon reasonable inspection at or prior to
the time when the container was filled, packed or stowed.
(b) The provisions of sub-clause (i) of this Clause also apply
with respect to trailers, transportable tanks, flats and pallets
which have not been filled, packed or stowed by the Carrier.
(c) The Carrier does not accept liability for damage due to
the unsuitability or defective condition of reefer equipment or
trailers supplied by the Merchant.
18. Dangerous Goods.
(a) The Merchant shall comply with all internationally
recognised requirements and all rules which apply according
to national law or by reason of international Convention,
relating to the carriage of goods of a dangerous nature, and
shall in any event inform the Carrier in writing of the exact
nature of the danger before goods of a dangerous nature are
taken into charge by the Carrier and indicate to him, if need
be, the precautions to be taken.
(b) Goods of a dangerous nature which the Carrier did not
know were dangerous, may, at any time or place, be unloaded,
destroyed, or rendered harmless, without compensation;
further, the Merchant shall be liable for all expenses, loss or
damage arising out of the handing over of such goods or of
their carriage.
(c) If any goods shipped with the knowledge of the Carrier
as to their dangerous nature shall become a danger to any
person or property, the goods may in like manner be landed
at any place or destroyed or rendered innocuous by the Carrier
without liability on the part of the Carrier except for General
Average, if any.
19. Return of Containers.
(a) For the purpose of this Clause the Consignor shall mean
the person who concludes this Contract with the Carrier and
the Consignee shall mean the person entitled to receive the
goods from the Carrier.
(b) Containers, pallets or similar articles of transport
supplied by or on behalf of the Carrier shall be returned to the
Carrier in the same order and condition as handed over to the
Merchant, normal wear and tear excepted, with interiors clean
and within the time prescribed in the Carrier's tariff or
elsewhere.
(c) (i) The Consignor shall be liable for any loss of, damage
to, or delay, including demurrage, of such articles,
incurred during the period between handing over to
the Consignor and return to the Carrier for carriage.
(ii)The Consignor and the Consignee shall be jointly and
severally liable for any loss of. damage to, or delay,
including demurrage, of such articles. incurred during
the period between handing over to the Consignee and
return to the Carrier.
V. FREIGHT AND LIEN
20. Freight and Charges.
(a) Freight shall be deemed earned when the goods have
been received for carriage and shall be paid in any event.
The Carrier's claim for any charges under this Contract shall
be considered definitely payable in like manner as soon as
the charges have been incurred. Interest at Libor plus 2 per
cent., shall run from the date when freight and charges are
due.
(b) The Merchant shall be liable for expenses of fumigation
and of gathering and sorting loose cargo and of weighing on
board and expenses incurred in repairing damage to and
replacing of packing due to excepted causes and for all
expenses caused by extra handling of the cargo for any of the
aforementioned reasons.
(c) Any dues, duties, taxes and charges which under any
denomination may be levied on any basis such as amount of
freight, weight of cargo or tonnage of the Vessel shall be paid
by the Merchant.
(d) The Merchant shall be liable for all fines and/or losses
which the Carrier, the Vessel or cargo may incur through non-
observance of Custom House and/or import or export
regulations.
(e) The Merchant's attention is drawn to the stipulations
concerning currency in which the freight and charges are to
be paid, rate of exchange, devaluation and other contingencies
relative to freight and charges in the relevant tariff conditions.
If no such stipulation as to devaluation exists or is applicable
the following shall apply:
If the currency in which freight and charges are quoted is
devalued between the date of the freight agreement and the
date when the freight and charges are paid, then all freight
and charges shall be automatically and immediately increased
in proportion to the extent of the devaluation of the said
currency.
(f) The Carrier is entitled in case of incorrect declaration
of contents, weights, measurements or value of the goods
to claim double the amount of freight which would have been
due if such declaration had been correctly given. For the
purpose of ascertaining the actual facts or verifying the freight
basis, the Carrier reserves the right to obtain from the
Merchant the original invoice and to have the goods inspected
and the weight, measurement or value verified.
21. Lien.
The Carrier shall have a lien on the goods for any amount due
under this Contract and for the costs of recovering the same,
and may enforce such lien in any reasonable manner, including
sale or disposal of the goods.
VI. MISCELLANEOUS PROVISIONS
22. General Average.
(a) General Average shall be adjusted at any port or place
at the Carrier's option, and settled according to the York-
Antwerp Rules 1994, or any modification thereof, this covering
all goods, whether carried on or under deck. The New Jason
Clause as approved by BIMCO shall be considered
incorporated into this Sea Waybill.
(b) Such security including a cash deposit as the Carrier
may deem sufficient to cover the estimated contribution of
the goods and any salvage and special charges thereon shall,
if required, be submitted to the Carrier prior to delivery of the
goods.
23. Both-to-Blame Collision Clause.
The Both-to-Blame Collision Clause as approved by BIMCO
shall be considered incorporated into this Sea Waybill.
24. U.S. Trade.
(a) In case the Contract evidenced by this Sea Waybill is
subject to the Carriage of Goods by Sea Act of the United
States of America, 1936 (U.S. COGSA), then the provisions
stated in the said Act shall govern before loading and after
discharge and throughout the entire time the goods are in
the Carrier's custody.
(b) If the U.S. COGSA applies, and unless the nature and
value of the goods have been declared by the Shipper before
the goods have been handed over to the Carrier and
inserted in this Sea Waybill, the Carrier shall in no event
be or become liable for any loss of or damage to the goods
in an amount exceeding USD 500 per package or customary
freight unit.