NEGOTIABLE ORDER BILL OF LADING
CARRIAGE OF GOODS BY SEA ACT
Shipper:
________________________________________________________
Consignee:
______________________________________________________
Port of Loading:
__________________________________________________
Arrival notice to be addressed to:
_____________________________________
Port of discharge from ship:
__________________________________________
Destination of goods (if goods to be transhipped at
port of discharge): ___________
Scope of voyage: The carrier’s general trade is
between all ports on the ___________ (East coast of the United States and
Canada, between __________ and __________, inclusive), and all ports in
__________ (Scandinavia or as the case may be).
Leading marks: _____________________________________
Quantity or number of pieces of packages:
_________________
Description of goods:
_________________________________
Gross weight: _______________________________________
Measurements: ______________________________________
Received by the carrier, from the shipper, above
named, the goods or packages said to contain goods enumerated above in apparent
good order and condition unless otherwise indicated in this bill of lading, to
be transported subject to all the terms of this bill of lading with liberty to
proceed via any port or ports within the scope of the voyage described in this
instrument, to the port of discharge or so near to it as the ship can safely
get and leave, always afloat at all stages and in all conditions of water and
weather, and there to be delivered or transshipped on payment of the charges on
such goods. If the goods in whole or in part are shut out from the ship named
in this bill of lading for any cause, the carrier shall have liberty to forward
them under the terms of this bill of lading on the next available ship of this
line, or, at carriers option, of any other line.
It is agreed that the loading, custody, and carriage
of the goods are subject to the following terms that shall govern the relations
between the shipper, consignee, and the carrier, master and ship. None of the
terms of this bill of lading shall be deemed to have been waived by the carrier
unless by express waiver in writing signed by a duly authorized agent of the
carrier:
1. This bill of lading shall have effect subject to
the provisions of the Carriage of Goods by Sea Act of United States, and
amendments to it, which shall be deemed to be incorporated in this bill of
lading, and nothing contained in this bill of lading shall be deemed a
surrender by the carrier of any of its rights or immunities or an increase of
any of its responsibilities or liabilities under the Act. The provisions stated
in the Act shall (except as otherwise specifically provided in this bill of
lading) govern before the goods are loaded on and after they are discharged
from the ship and throughout the entire time the goods are in the custody of
the carrier. The carrier shall not be liable for any delay, nondelivery or
misdelivery, or loss or damage to the goods occurring while the goods are not
in the actual custody of the carrier.
2. In this bill of lading, the word ship shall
include any substituted vessel, and any craft, lighter or other means of conveyance
owned, chartered or operated by the carrier; the word carrier shall include the
ship, her owner, operator, demise charterer, time charterer, master and any
substituted carrier, whether the owner, operator, charterer, or master shall be
acting as carrier or bailee; the word shipper shall include the person named as
such in this bill of lading and the person for whose account the goods are
shipped; the word consignee shall include the holder of the bill of lading,
properly endorsed, and the receiver and the owner of the goods; the word
charges shall include freight and all expenses and money obligations incurred
and payable by the goods, shipper, or consignee.
3. The scope of voyage contracted for in this bill
of lading shall include the usual or customary or advertised ports of call
whether named in this contract or not, also ports in or out of the advertised,
geographical, usual or ordinary route or order, even though in proceeding to it
the ship may sail beyond the port of discharge or in a direction contrary to
the port of discharge, or depart from the direct or customary route. The ship
may call at any port for the purposes of the current voyage or the prior or
subsequent voyage. The ship may omit calling at any ports whether scheduled or
not, and may call at the same port, more than once. The ship may, either with
or without the goods on board, and before or after proceeding toward the port
of discharge, adjust compasses, dry docks, go on ways or to repair yards, shift
berths, take fuel or stores, remain in port, sale without pilots, tow and be
towed, and save or attempt to save life or property, and all of the foregoing
are included in the contract voyage.
4. In any situation, whether existing or anticipated
before commencement of or during the voyage, which in the judgment of the
carrier or master is likely to give rise to capture, seizure, detention,
damage, delay or disadvantage to or loss, of the ship or any part of her cargo,
or to make it unsafe, imprudent, or unlawful for any reason to begin or
continue the voyage or to enter or discharge the goods at the port of discharge
or to give rise to delay or difficulty in arriving, discharging at or leaving
the port of discharge or the usual place of discharge in such port, the master,
whether or not proceeding toward or entering or attempting to enter the port of
discharge or reaching or attempting to reach the usual place of discharge or
attempting to discharge the goods there, may, without giving any prior notice,
discharge the goods into depot, craft, or other place and the goods shall be
liable for any extra expenses incurred; or the master may proceed or return,
directly or indirectly, to or stop at such other port or place as he or she or
the carrier may consider safe or advisable under the circumstances and
discharge the goods or any part of them without giving any prior notice and,
when landed as provided above, the goods shall be at their own risk and
expense. The delivery by the carrier shall be considered complete and the
carrier shall be free from any further responsibility except to mail notice of
the disposition of the goods directed to the shipper or consignee named in this
bill of lading at the address stated in this instrument; or the master may
retain the cargo on board until the return trip or until such time as he (or
she) or the carrier thinks advisable; or the master may forward the goods by
any means by water or by land, or by both such means, at the risk and expense
of the goods. For any services rendered for goods as provided above, the
carrier shall be entitled to a reasonable extra compensation.
5. The carrier, master and ship shall have the
liberty to comply with any orders or directions as to loading, departure,
arrival, routes, ports of call, stoppage, discharge, destination, or delivery
given by the government of any nation or department thereof or any person
acting or purporting to act with the authority of such government or of any
department thereof, or by any committee or person having, under the terms of
the war risk insurance on the ship, the right to give such orders or
directions. Delivery or other disposition of the goods in accordance with such
orders or directions shall be a fulfillment of the contract voyage. The ship
may carry contraband, explosives, munitions, warlike stores, hazardous cargo,
and may sail armed or unarmed and with or without convoy.
6. Unless otherwise stated in this bill of lading,
the description of the goods and the particulars of the package mentioned in
this bill are those furnished in writing by the shipper, and the carrier shall
not be concluded as to the correctness of leading marks, numbers, quantity,
weight, gauge, measurements, contents, nature, quality or value. Single pieces
or packages exceeding __________ (4480) pounds in weight shall be liable to pay
extra charges in accordance with tariff rates in effect at the time of shipment
for loading, handling, transshipping or discharging and the weight of each such
piece or package shall be declared in writing by the shipper on shipment and
clearly and durably marked on the outside of the piece or package. The shipper
and the goods shall also be liable for, and shall indemnify the carrier in
respect of any injuries, loss or damage arising from the shippers failure to
declare and mark the weight of any such piece or package or from incorrectly
declaring or marking the weight of any such piece or package.
7. Goods may be stowed in poop, forecastle, deck
house, shelter deck, passenger space, or any other covered-in space commonly
used in the trade for the carriage of goods, and when so stowed shall be deemed
for all purposes to be stowed under deck. In respect of goods carried on deck
and stated to be so carried, all risks of loss or damage by perils inherent in
such carriage shall be borne by the consignee, but in all other respects the
custody and carriage of goods shall be governed by the terms of this bill of
lading and the provisions stated in the Carriage of Goods by Sea Act
notwithstanding Section 1(c) of the Act. Specially heated or specially cooled
stowage is not to be furnished unless contracted for at an increased freight
rate.
8. Live animals, birds and fish are received and
carried at the shipper’s risk of accident or mortality. The carrier shall not
be liable for any loss or damage to such shipment resulting from any matters
mentioned in Section 4, subdivision 2, a top inclusive, of the Carriage of
Goods by Sea Act or from any other cause not due to the fault of the carrier,
any warranty of seaworthiness in the premises being hereby waived by the
shipper. Except as provided above such shipment shall be deemed good, and shall
be subject to all the terms and provisions in this bill of lading relating to
goods.
9. If the ship comes into collision with another
ship as a result of the negligence of the other ship and any act, neglect or
default of the master, mariner, pilot or the servants of the carrier in the
navigation or in the management of the ship, the owners of the goods carried
under this instrument will indemnify the carrier 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 claim, of the owners of the
goods, paid or payable by the other or non-carrying ship or her owner to the
owners of the goods 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 carrier.
10. General Average shall be adjusted and payable at
New York according to 1924 York-Antwerp Rules, F and 1 to 15 and 17 to 22, all
inclusive, and, as to matters not provided for in those rules, according to the
laws and usages at the port of (New York) and the General Average shall be
prepared by average adjusters selected by the carrier, the adjuster to attend
to the settlement and collection of the average subject to the customary
charges.
In the event of accident, danger, damage, or
disaster, before or after commencement of the voyage resulting from any cause,
whether due to negligence or not, for which the carrier is not responsible, by
statute, contract, or otherwise, the goods, shippers, consignees, or owners of
the goods 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 special charges incurred in respect
of the goods.
If a salving ship is owned or operated by the
carrier, salvage shall be paid for as fully as if such salving ship or ships
belonged to strangers.
Such deposit as the carrier or its agents may deem
sufficient to cover the estimated contribution of the goods and any salvage and
special charges on them shall, if required, be made by the goods, shippers,
consignees, or owners of the goods to the carrier before delivery.
11. Whenever the carrier or the master may deem it
advisable or in any case where the goods are consigned to a point where the
ship does not expect to discharge, the carrier or master may, without notice,
forward the whole or any part of the goods before or after loading at the original
port of shipment, or any other place or places even though outside the scope of
the voyage or the route to or beyond the port of discharge or the destination
of the goods, by any vessel, vessels, or other means of transportation by water
or by land or by both such means, whether operated by the carrier or others and
whether departing or arriving or scheduled to depart or arrive before or after
the ship expected to be used for the transportation of the goods.
The carrier, in making arrangements for any
transshipping or forwarding vessel or means of transportation not operated by
the carrier shall be considered solely the forwarding agent of the shipper and
without any other responsibility.
The carriage by any transshipping or forwarding
carrier and all transshipment or forwarding shall be subject to all the terms
in the regular form of the bill of lading, freight note, contract, or other
shipping document used at the time by such carrier, whether issued for the
goods or not, and even though such terms may be less favorable to the shipper
or the consignee than the terms of this bill of lading and may contain more
stringent requirements as to notice of claim or commencement of suit and may
exempt the non-carrier from liability for negligence.
The shipper expressly authorizes the carrier to
arrange with any such transshipping or forwarding carrier that the lowest
valuation of goods or limitation of liability contained in the bill of lading
or shipping document of such carrier shall apply even though lower than the
valuation of limitations in this bill of lading. Pending or during
transshipment the goods may be stored ashore or afloat at their risk and
expense and the carrier shall not be liable for detention.
12. The port authorities are hereby authorized to
grant a general order for discharging immediately on arrival of the ship and
the carrier, without giving notice either of arrival or discharge, may
discharge the goods directly they come to hand, at or onto any wharf, craft, or
place the carrier may select, and continuously, Sundays and holidays included,
at all such hours by day or by night as the carrier may determine no matter
what the state of the weather or the custom of the port may be.
The carrier shall not be liable in any respect if
heat or refrigeration or special cooling facilities shall not be furnished
during loading or discharge or any part of the time that the goods are on the
wharf, craft, or other loading or discharging place. All lighterage and use of
craft in discharging shall be at the risk and expense of the goods. Landing and
delivery charges and pier charges shall be at the expense of the goods unless
included in the freight provided for in this bill of lading.
If the goods are not taken away by the consignee by
the expiration of the next working day after the goods are at his or her
disposal, the goods may, at the carrier’s option and subject to the carrier’s
lien, be sent to storage or warehouse, or be permitted to lie where landed, but
always at the expense and risk of the goods.
The responsibility of the carrier in any capacity
shall altogether cease and the goods shall be considered to be delivered and at
their own risk and expense in every respect when taken into the custody of
customs or other authorities. The carrier shall not be required to give any
notification of disposition of the goods.
13. The carrier shall not be liable for the failure
to deliver in accordance with leading marks unless such leading marks shall
have been clearly and durably stamped or marked by the shipper before shipment
on the goods or packages, in letters and numbers not less than __________ (two)
inches high, together with the name of the port of discharge. Goods that cannot
be identified as to marks or numbers, cargo sweepings, liquid residue, and any
unclaimed goods not otherwise accounted for shall be allocated for complete
delivery to the various consignees of goods of like character in proportion to
any apparent shortage, loss of weight, or damage.
When grain is stowed, without separation from other
grain ships provided by the same shipper or by other shippers, any loss or
damage to the combined shipment shall be divided in proportion among the
several shipments.
14. The goods shall be liable for all expense of
mending, cooperage, bailing or reconditioning of the goods or packages in
gathering of loose cargo or contents of packages; also, for any payment,
expenses, fines, dues, duties, taxes, impost, losses, damages or detentions
sustained or incurred by or levied on the carrier or the ship in connection
with the goods, including any action or requirement of any government or
governmental authority or person purporting to act under the governmental
authority, seizure under legal process or attempted seizure, incorrect or
insufficient marking, numbering or addressing of packages or description of the
contents, failure of the shipper to procure consular, board of health or other
certificates to accompany the goods or to comply with the laws or regulations
of any kind imposed with respect to the goods by the authorities at any port or
place or any acts or omission of the shipper or consignee.
15. Freight shall be payable on actual gross intake
weight or measurement or, at the option of the carrier, on the actual gross
discharged weight or measurement. Freight may be calculated on the basis of the
particulars of the goods furnished by the shipper, but the carrier may, at any
time, open the packages and examine, weigh, measure, and value the goods.
In case the shipper’s particulars are found to be
erroneous and additional freight is payable, the goods shall be liable for any
expenses incurred for examining, weighing, measuring, and valuing the goods.
Full freight shall be paid on damaged or unsound goods. Full freight to port of
discharge named in this instrument shall be considered completely earned on
receipt of the goods by the carrier, whether the freight be stated or intended
to be prepaid or collected at destination.
The carrier shall be entitled to all freight and
charges due under this bill of lading, whether actually paid or not, and to
receive and retain them under all circumstances ship and/or cargo lost or not
lost.
If there shall be a forced interruption or abandonment
of the voyage at the port of shipment or elsewhere any forwarding of the goods
or any part of them shall be at the risk and the expense of the goods. All
unpaid charges shall be paid in full and without any offset, counterclaim or
deduction in the currency of the country of the port of shipment, or, at the
option of the carrier, in the currency of the port of discharge at the demand
rate of the __________ (New York) exchange as quoted on the day of the entry of
the ship at the Customs House of her port of discharge. The carrier shall have
a lien on the goods, which shall provide delivery, for all charges due under
this document and may enforce this lien by public or private sale and without
notice. The shipper and consignee shall be jointly and severally liable to the
carrier for the payment of all charges and for the performance of the
obligation of each of them under this document.
16. Neither the carrier nor any corporation owned
by, subsidiary to or associated or affiliated with the carrier shall be liable
to answer for or make good any loss or damage to the goods occurring at any
time and even though before loading on or after discharge from the ship, by
reason or by means of any fire, unless such fire shall be caused by its design
or neglect.
17. In case of any loss or damage to or in
connection with goods exceeding in actual value __________ Dollars
($__________), per package or, in case of goods not shipped in packages, her
customary freight unit, the value of the goods shall be deemed to be __________
Dollars ($__________) per package or per unit, on which basis the freight is
adjusted and the carrier’s liability, if any, shall be determined on the basis
of a value of ________ Dollars ($__________) per package or per customary
freight unit, or pro rata in case of partial loss or damage, unless the nature
of the goods and an evaluation higher than __________ Dollars ($__________)
shall have been declared in writing by the shipper on delivery to the carrier
and inserted in this bill of lading and extra freight paid if required and in
such case if the actual value of the goods per package or per customary freight
unit shall exceed such declared value, the value shall nevertheless be deemed
to be the declared value and the carrier’s liability, if any, shall not exceed
the declared value and any partial loss or damage shall be adjusted pro rata on
the basis of such declared value.
In view of the difficulty of the ascertainment of
the exact market value at the port of destination, it is agreed that the market
value shall be deemed to be the invoice value whether such invoice shall be
higher or lower than the exact market value.
18. Unless the notice of loss or damage and the
general nature of such loss or damage be given in writing to the carrier or his
or her agent at the port of discharge before or at the time of the removal of
the goods into the custody of the person entitled to delivery under the
contract of carriage, such removal shall be prima facie evidence of delivery by
the carrier of the goods as described in the bill of lading. If the loss or
damage is not apparent the notice must be given within __________ (three) days
of the delivery.
In any event the carrier and the ship shall be
discharged from all liability in respect of loss or damage unless suit is
brought within __________ (one year) after the delivery of the goods or the
date when the goods should have been delivered.
19. All agreements or freight engagements for the
shipment of the goods are superseded by this bill of lading. All its terms,
whether written, typed, stamped or printed, are accepted and agreed by the
shipper to be binding as fully as if signed by the shipper, any local customs
or privileges to the contrary notwithstanding.
Nothing in this bill of lading shall operate to
limit or deprive the carrier of any statutory protection or exemption from, or
limitation of, liability. If required by the carrier, one signed bill of lading
duly endorsed must be surrendered to the agent of the ship at the port of
discharge in exchange for delivery order.
In witness whereof, the master or agent of the said
vessel has signed __________ (3) bills of lading, all of this tenor and date,
and if one is accomplished, the others shall be void.
Dated at
___________________________________________________
____________________________
______________
Signature Date