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1.
Definitions
'Carrier' means the party on whose behalf this Bill of Lading has
been signed
'Goods' means the cargo accepted from the Shipper and includes any
Container not supplied by or on behalf of the Carrier.
'Container' includes any container, trailer, transportable tank,
flat or pallet.
'Merchant' includes the Shipper, Holder, Consignee, the receiver
of the Goods, any person owning or entitled to the possession of
the Goods or this Bill of Lading and anyone acting on behalf of
any such persons.
'Holder' means any person for the time being in possession of this
Bill of Lading to whom. the property in the Goods has passed on
or by reason of the consignment of the Goods or the endorsement
of this Bill of Lading or otherwise Reference to the internal law
of a State shall be deemed to exclude all principles of private
international law applied by such State.
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2.
Carrier's Tariff
The terms of the Carrier's applicable Tariff are incorporated herein
Copies of the relevant provisions of the applicable Tariff are obtainable
from the Carrier upon request in the Case of inconsistency between
this Bill of Lading and the applicable Tariff this Bill of Lading
shall prevail.
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3.
Warranty
The Merchant warrants that in agreeing to the terms hereof he is.
or has the authority of the person owning or entitled to the possession
of the Goods and this Bill of Lading.
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4.
Sub-Contracting
(i) The carrier shall be entitled to sub contract on any terms the
whole or any part of the carriage, loading, unloading, storing,
warehousing, handling and any and all duties whatsoever undertaken
by the Carrier in relation to the Goods.
(ii) The Merchant undertakes that no claims or allegation shall
be made against any servant. agent or sub contractor, including,
without limiting the generality of the foregoing. terminal and depot
operators, of the Carrier which impose, or attempts to impose upon
any of them or any vessel owned by any of them any liability whatsoever
in connection with the Goods, and. if any such claim or allegation
should nevertheless be made, to indemnity the Carrier against all
consequences thereof Without prejudice to the foregoing, every such
servant, agent and sub contractor, including, without limiting the
generality of the foregoing, terminal and depot operators, shall
have the benefit of all provisions herein benefit the Carrier as
ff such provisions were expressly for their benefit; and. in entering
into this contract, the Carrier, to the extent of those provisions.
does so not only on its own behalf, but also as agent and trustee
for such servants agents and sub contractors including, without
limiting the generality of the foregoing, terminal and depot operators.
(iii) The expression 'subcontractor' in this clause shall include
direct and indirect subcontractors and their respective servants
and agents.
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5. Carrier's
Responsibility
(i) The Carrier shall be liable for loss of or damage to the Goods
occurring between the time when he receives the Goods for transportation
and the time of delivery.
(ii) The Carrier shall, however, be relieved of liability for any
loss or damage if such loss or damage arose or resulted from.
(a) the wrongful act or neglect of the Merchant;
(b) compliance with the instructions of the person entitled to give
them;
(c) the lack of or insufficiency of or defective condition of packing
in the case of Goods which, by their nature are liable to wastage
or to be damaged when not packed or when not property packed..
(d) handling, loading, stowage or unloading of the Goods by or on
behalf of the Merchant;
(e) Inherent vice of the Goods;
(f) Insufficiency or inadequacy of marks or numbers on the Goods,
coverings or
Containers;
(g) strikes or lockouts or stoppage or restraints of labour from whatever
cause whether partial or general;
(h) any cause or event which the Carrier could not avoid and the consequence
whereof he could not prevent by the exercise of reasonable diligence.
(iii) Where under sub clause (ii) 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
(iv) The burden of proving that the loss or damage was due to one
or more of the causes, or events, specified in (a), (b), and (h) of
sub-clause (ii) shall rest upon. the Carrier.
When the Carrier establishes that in the circumstances of the case,
the loss or damage could be attributed to one or mote of the causes,
or events, specified in (c) arid (g) of sub clause (ii), 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. |
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