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26. Both-to-blame
Collision
II the (Carrying) ship comes into collision with another ship as a
result of the negligence of the other ship and any act, neglect or
default in the navigation or the management of the carrying ship,
the Merchant undertakes to pay the carrier or where the Carrier is
not the owner and in possession of the carrying ship to pay to the
Carrier as trustee for the owner and/or demise charterer of the carrying
ship, a sum sufficient to indemnify the Carrier and/or the owners
and/or demise charterer of the carrying ship against all loss or liability
to the other or non carrying ship or her owners, insofar as such loss
or liability represents loss of or damage to or any claim whatsoever
of the Merchant, paid or payable by the other or non carrying ship
or her owners to the Merchant and set off recouped or recovered by
the other or non carrying ship or her owners as part of their claim
against the carrying ship or her owner or demise charterer or the
Carrier. The foregoing provisions shall also apply where the owners,
operators or those in charge of any ship or ships or objects, other
than, or in addition to the colliding ship or objects, are at fault
in respect to a collision; contact, stranding or other accident. |
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27. General
Average
(i) General average shall be adjusted at any port or place at the
option of the Carrier and subject to clause 17 (ii) in accordance
with the York Antwerp Rules 19874 provided that where an adjustment
is made in accordance with the law and practice of the United States
of America or of any other country having the same or similar law
or practice the following clause shall apply.
Now Jason Clause (a) in the event of accident, danger, damage or disaster
before or after the commencement of the voyage, resulting from any
causes whatsoever, whether due to negligence or not, for which, or
for the consequence of which the Carrier is not responsible, by status,
contract or otherwise the Goods and the Merchant shall contribute
with the Carrier in general average to the payment of any sacrifices,
losses or expenses of a general average nature that may be made or
incurred and shall pay salvage and social charger incurred in respect
of the Goods.
(b) If a salving vessel is owned operated by the Carrier salvage shall
be paid for as fully as it the said sawing vessel belonged to strangers.
(ii) II the Carrier delivers the Goods without obtaining security
for general average contributions, the Merchant by taking delivery
of the Goods undertakes personal responsibility to pay such contributions
and to provide such cash deposit of other security for the estimated
amount of such contributions as the Carrier shall reasonably requite.
(iii) The Carrier shall be under no obligation to exercise any lien
for general average contribution due to the Merchant. |
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28. Variation
of the Contract etc.
No servant or agent of the Carrier shall have power to waive or vary
any term of this Bill of Lading unless such waiver or variation is
m writing and is specifically authorized or ratified in writing by
the Carrier. |
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29. Vessels
on Charter
In case of goods being carried by a vessel not belonging to the Carrier
but chartered by him, then the carrier shall be entitled to any end
all rights demurrers, prescriptions, exemptions from and limitations
of habitability available to the Owners of the Vessel, as if the Bill
of Lading has been issued by. the Owner of the Vessel or on his behalf.
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30. Law and
Jurisdiction
The contract evidenced hereby or contained herein shall be governed
by Law of Country of Issue. Any claim or other dispute thereunder
shall be solely determined by the courts of The Country of issue of
this Bill of Lading. |
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