the schedule of the Vessel after the salvage, failing which the Merchant shall be liable for any losses arising therefrom
and sustained by the Carrier. 24. BOTH-TO-BLAME COLLISION
The Both-to-blame Collision Clause currently published by the Baltic and International Maritime Conference is deemed
to be incorporate into this Bill of Lading.
25. NON-VESSEL-OPERATING COMMON CARRIERS
If this Bill of Lading is accepted by a Merchant acting as a non-vessel-operating common carrier (NVOCC), who has in turn concluded other contracts of carriage with third parties, the NVOCC hereby warrants that the contracts concluded by him in respect of the Goods subject to this Bill of Lading shall incorporate the terms and conditions of this Bill of Lading. The NVOCC further warrants to indemnify the Carrier, its servants, agents and Sub-contractors against all
consequences of his failure to do so.
26. LAW AND JURISDICTION
(1) This Bill of Lading is governed by the laws of the People\\'s Republic of China. All disputes arising under or in connection with this Bill of Lading shall be determined by the laws of the People\\'s Republic of China and any action against the Carrier shall be brought before the Shanghai Maritime Court or other maritime courts in the People\\'s Republic
of China, as the case may be.
(2) Notwithstanding the provision of Clause 26(1), where carriage includes carriage to or from or through a port or place in the United States of America, this Bill of Lading shall be subject to the provisions of the US COGSA, which shall be deemed to have been incorporated herein and nothing herein contained shall be deemed a surrender by the Carrier of any of its rights, immunities, exceptions or limitations or an increase of any of its liabilities under US COGSA. The provision cited in the COGSA(except as may be otherwise specifically provided herein) shall also govern before loading
and after discharging as long as the goods remain in the Carrier\\'s custody of control.
27. VARIATION OF THE CONTRACT
No servant, agent or Sub-contractor of the Carrier shall have the power to waive or vary any terms of this Bill of lading unless such waiver or variation is in writing and is specifically authorized or approved in writing by the Carrier.
28. NEW JASON CLAUSE
In the event of accident, danger, damage or disaster before or after the commencement of the voyage resulting from any cause whatsoever, whether due to negligence or not, for which, or for the consequences of which, the Carrier is not responsible by statute, contract or otherwise, the Goods and the Merchant jointly and severally 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 the salving ship belonged to strangers.
The following clauses are applicable only when document used as a Sea Waybill
29. Delivery will be made to the consignee or his authorized representative upon presentation of a delivery receipt or other evidence of identity and authorization satisfactory to the Carrier in his sole and absolute discretion without
the need of producing or surrendering a copy of his Sea Waybill.
30. Except as provided in this Sea Waybill, the contract of carriage evidenced by this Sea Waybill is subject to the terms and conditions of the Carrier\\'s current Combined Transport Bill of Lading, a copy of which may be obtained from the Carrier and its agent. The Shipper accepts all said terms and conditions, including but not limited to the per package and other limitations of liability contained therein, on behalf of the Consignee and the Owner of the Goods and
warrants that he has authority to do so.
31. The consignee or other receiver of the Goods, by presenting this Sea Waybill and/or requesting delivery of the Goods, undertakes all liabilities of the Shipper under this Sea Waybill and the Carrier\\'s current Combined Transport
Bill of Lading, such undertaking being additional and without prejudice to the Shipper\\'s own liability. 32. The shipper agrees and observes the CMI Uniform Rules for Sea Waybill for the purpose of using the Carrier\\'s
Sea Waybill in cargo transportation.
written request of the Shipper prior to arrival of the carrying vessel at the Port of Discharge or Place of Delivery, whichever applicable, the Carrier will use its best efforts to change the Sea Waybill to the Carrier\\'s Bill of Lading,
provided that the Carrier shall in no case be liable for failure timely to effect such changes.
34. The goods are subject to the Carrier\\'s normal credit practices with respect to release of particular Goods, as specified in the Carrier\\'s Tariff and Bill of Lading, including but not limited to, the Carrier\\'s right to a lien against any shipment as security for any unpaid charges due and owing to the carrier by any party to this Sea Waybill,
whether related to the Goods described in this sea Waybill or not.
35. Unless instructed to the contrary by the shipper prior to the commencement of carriage and noted accordingly on the face hereof, the Carrier will, subject to the aforesaid terms and conditions, process cargo claims with the Consignee.
Claims settlement, if any, shall be a complete discharge of Carrier\\'s liabilities to the Shipper.
完整的海运提单样本 - 图文
