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11.
Shipper-packed Containers
If a Container has not been filled, packed, stuffed or loaded by
the Carrier, the Carrier shall not be liable for loss of or damage
to the contents and the Merchant shall indemnity the Carrier against
any loss, damage, liability or expense incurred by the Carrier,
it such loss, damage, liability or expense has been caused by:
(a) the manner in which the Container has been filled, packed, stuffed
or loaded,
or
(b) the unsuitability of the contents for carriage in Containers;
or
(c) the unsuitability or defective condition of the Container 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
(d) The unsuitability or detective condition of the Container which
would have been apparent upon reasonable inspection by the Merchant
at or prior to the time when the Container was filled, packed, stuffed
or loaded.
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12.
Inspection of Goods
'The Carrier shall be entitled, but under off obiligation, to open
any Container at any time and to inspect the contents. II it thereupon
appears that the contents or any part thereof cannot safely or property
be carried or carried further, either at all or without incurring
any additional expense or taking any measures in relation to the
Container or its contents or any part thereof, the Carrier may abandon
the transportation thereof and/or take any measures and/or incur
any reasonable additional expense to carry or to continue the carriage
or to store the same ashore of afloat under cover or in the open,
at any place, which storage shall be deemed to constitute due delivery
under this Bill of Lading. The Merchant shall indemnify the Carrier
against any reasonable additional expense so incurred.
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13.
Description of Goods
(i) This Bill of Lading shall be prime facie evidence of the receipt
by the Carrier in apparent good order and condition except as otherwise
noted of the total number of Containers 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.
(ii) No representation is 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.
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14.
Shipper's Responsibility
(i) The Shipper 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 furnished
by or on behalf of the shipper are correct.
(ii) The shipper shall indemnify 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 the Bill
of Lading to any person other than, the shipper.
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15. Freight
and Charges
(i) Freight and charges shall be deemed fully earned on receipt of
the Goods by the Carrier and shall be paid and non-returnable in any
event.
(ii) The Merchant's attention is drown 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 applicable Tariff.
(iii) The freight has been 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 reweigh, remeasure
or revalue 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 to double the correct.
freight less the freight charged whichever sum is the smaller, shall
be payable as liquidated damages to the Carrier
(iv) Full freight hereunder shall be due and payable at the place
where this Bill of Lading is issued, by the shipper in cash without
deduction on receipt of the Goods or part thereof by the Carrier for
shipment even if stated in this Bill of lading to be payable elsewhere
and shall be deemed to have been fully earned upon such receipt of
such goods. All charges due hereunder together with freight (if not
paid at the port of loading as aforesaid) shall be due from and payable
on demand by the Shipper, Consignee. Owner of the Goods or Holder
of this Bill of Lading (who shall be jointly and severally liable
to the Carrier therefore) at such port or place as the Carrier may
require. vessel or cargo lost or not lost from any cause whatsoever.
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