expected times and may be advanced or delayed if the Carrier shall find it necessary, prudent or convenient. The Carrier shall in no circumstances whatsoever and howsoever arising be liable for direct, indirect or consequential loss or damage caused by delay.
(3) If the stage of the combined transport during which loss or damage occurred can be determined, the liability of the Carrier shall be governed by the national law(s) and/or international convention(s) applicable thereto. If the stage of the combined transport during which loss or damage occurred cannot be determined, the Merchant and the Carrier agree that it shall be deemed that the
loss or damage occurred aboard the Carrier\\'s Vessel. In either case, clauses 5(2) and 7 shall apply.
7. LIMITATION OF LIABILITY
(1) Except as provided for in Clause 7(2), this Bill of Lading shall be subject to the provisions of the Maritime Code of the
People\\'s Republic of China as provided for in Clause 26(1). Neither the Carrier, its servants, agents, Sub-contractors nor the Vessel shall in any event be liable for any loss or damage to the Goods in any amount exceeding the limits per package or unit prescribed by that Code, unless the nature and value of the Goods have been declared by the Merchant before shipment and inserted in this Bill of
Lading (Box 10) and the Merchant has paid additional Freight on such declared value.
(2) 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 United States Carriage of Goods by Sea Act, 1936 (US COGSA) and any amendments thereto, as provided for in Clause 26(2) hereof. In such event, neither the Carriers nor its servants, agents, Sub-contractors and/or the Vessel shall in any event be liable for any loss of or damage to the Goods in an amount exceeding the limits per package or unit prescribed by US COGSA, unless the nature and value of the Goods have been declared by the Merchant before shipment and
inserted in this Bill of Lading (Box 10) and the Merchant has paid additional Freight on such declared value.
(3) If a legal regime other than the Maritime Code of the People\\'s Republic of China or US COGSA is compulsorily applied to this Bill of Lading, the liability of the Carrier, if any, shall not exceed the limits per Package or Shipping Unit prescribed therein, unless the nature and value of the Goods have been declared by the Merchant and inserted in this Bill of Lading (Box 10) and the Merchant
has paid additional Freight on such declared value.
(4) For the purpose of this Clause 7, the declared value shall be the basis for calculating the Carrier\\'s liability, if any, provided that such declared value shall not be conclusive on the Carrier, and further provided that such declared value does not exceed the true value of the Goods at destination. Any partial loss or damage shall be adjusted pro-rata on the basis of such declared value.
8. FIRE
The Carrier shall not be liable for any loss of or damage to the Goods occurring at any time, including that before loading or
after discharge by reason of any fire whatsoever, unless such fire is caused by the actual fault of the Carrier.
9. CARRIER\\'S CONTAINERS
(1) Goods received in break bulk will be stuffed by the Carrier in Containers and the Carrier shall have the right to carry any Containers, whether or not stuffed by the Carrier, on deck or below deck. All such Goods shall participate in General Average.
(2) If Carrier\\'s Containers and equipment are used by the Merchant for pre-carriage or on-carriage or unpacked at the
Merchant\\'s premises, the Merchant is responsible for returning the empty Containers, with interiors brushed, clean and free of smell to the point or place designated by the Carrier, its servants or agents, within the time prescribed in the Tariff and/or required by the Carrier. Should a Container not be returned within the aforesaid time, the Merchant shall be liable for any detention, demurrage, loss
or expenses which may arise from such non-return.
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(3) The Merchant shall be liable for any loss of or damage to Carrier\\'s Containers and other equipment while in the custody of the Merchant or anyone acting on the Merchant\\'s behalf. The Merchant shall also be liable during such period for any loss of or damage to the property of others or for any injuries or death and the Merchant shall indemnify and hold the Carrier harmless against
all damages, including legal expenses, incurred from any and all such claims arising during such periods.
10. MERCHANT-STUFFED CONTAINER
(1) If a Container has not been stuffed by or on behalf of the Carrier, the Carrier shall not be liable for loss of or damage to the Goods and the Merchant shall indemnify the Carrier against any loss, damage, liability or expense incurred by the Carrier if such loss,
damage, liability or expense has been caused by:
(a) the manner in which the Container has been filled, packed, loaded or stuffed, or
(b) the unsuitability of the Goods for carriage in the Container, or
(c) the unsuitability or defective condition of the Container, provided that, if the Container had been supplied by or on behalf of the Carrier, this unsuitability or defective condition could have been apparent upon inspection by the Merchant at or prior to the time
when the Container was filled, packed, loaded or stuffed.
(2) If a Merchant-stuffed Container is delivered by the Carrier with its seal intact, such delivery shall constitute full and
complete performance of the Carrier\\'s obligations hereunder and the Carrier shall not be liable for any loss or shortage of the Goods
ascertained at delivery.
(3) he Merchant shall inspect Containers before stuffing them and the use of a Container shall be prima facie evidence of its
being suitable and without defect. 11. MERCHANT\\'S DESCRIPTION
(1) The Merchant\\'s description of the Goods stuffed in a sealed Container by the Merchant, or on his behalf, shall not be
binding on the Carrier, and the description declared by the Merchant on the front of this Bill of Lading is information provided by the Merchant solely for its own use including but not limited to the use of its freight forwarder. It is understood by the Merchant that the Carrier has not verified the contents, weight or measurement of a sealed container, and the Carrier makes no representation as to the contents of a sealed Container, van, crate or box hereunder, nor its weight or measurement, nor the value, quantity, quality, description, condition, marks or number of the contents thereof. The Carrier shall be under no responsibility whatsoever in respect of
such description or particulars.
(2) If any particulars of any letter of credit and/or import license and/or sales contract and/or invoice or order number and/or details of any contract to which the Carrier is not a party are shown on the front of this Bill of Lading, such particulars are included solely at the request of the Merchant for its convenience. The Merchant agrees that the inclusion of such particulars shall not be
regarded as a declaration of value and shall in no way affect the Carrier\\'s liability under this Bill of Lading. The Merchant
acknowledges that, except as provided for in Clause 7 hereof, the value of the Goods is unknown to the Carrier.
12. MERCHANT\\'S RESPONSIBILITY
(1) The parties defined as \
for the due fulfillment of all obligations undertaken by any of them under this Bill of Lading.
(2) The Merchant warrants to the Carrier that the particulars relating to the Goods as set forth on the front of this Bill of Lading have been checked by the Merchant on receipt of this Bill of Lading and that such particulars, and any particulars furnished by or on
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behalf of the Merchant, are adequate and correct. The Merchant also warrants that the Goods are lawful Goods and are not
contraband.
(3) The Merchant shall indemnify the Carrier against all liabilities, costs, losses, damages, fines, penalties, expenses or other sanctions of a monetary nature arising or resulting from any breach of the warranties in Clause 12(2) hereof or from any other cause
in connection with the Goods for which the Carrier is not responsible.
(4) The Merchant shall comply with all regulations or requirements of customs, port and other Authorities, and shall bear and pay all duties, taxes, fines, imposts, expenses or losses (including the full return Freight for the Goods if returned, or if on-carried, the full Freight from the Port of Discharge or the Place of Delivery nominated herein to the amended Port of Discharge or the amended Place of Delivery) incurred and/or sustained by reason of any failure to so comply, or by reason of any illegal, incorrect or insufficient
marking, numbering, or addressing of the Goods, and shall indemnify the Carrier in respect thereof.
13. FREIGHT AND CHARGES
(1) All Freight shall be deemed fully, finally and unconditionally earned on receipt of the Goods by the Carrier and shall be
paid and non-returnable in any event whatsoever.
(2) All Freight and charges shall be paid without any set-off, counter-claim, deduction, or stay of execution before delivery of
the Goods.
(3) The Merchant\\'s attention is drawn to the stipulations concerning currency in which the Freight is to be paid, rate of exchange, devaluation and other contingencies concerning the Freight in the applicable Tariff or as agreed otherwise. (4) If the Merchant\\'s description of the Goods in this Bill of Lading or in any document or certificate furnished to the Carrier by or on behalf of the Merchant shall prove to have been inaccurate, incorrect or misleading in any respect, the Merchant shall pay for
the actual damage suffered by the Carrier.
(5) Payment of Freight and charges to any freight forwarder or broker, or anyone other than the Carrier or its authorized agent,
shall not be considered payment to the Carrier and shall be made at the Merchant\\'s sole risk.
(6) The parties defined as Merchants in clause 1 hereof shall, where applicable, be jointly and severally liable to the Carrier for payment of all Freight, demurrage, General Average and charges, including, but not limited to, court costs, expenses and reasonable attorney\\'s fees incurred in collecting sums due the Carrier, failing which shall be considered a default by the Merchant in
the payment of Freight and charges. 14. INSPECTION OF THE GOODS
The Carrier and/or any person to whom the Carrier has sub-contracted the carriage or any person authorized by the Carrier
shall be entitled, but under no obligation, to open any Container or Package at any time and to inspect the Goods. If by order of the Authorities at any place, a container must be opened for inspection, the Carrier shall not be liable for any loss or damage incurred as
a result of any opening, unpacking, inspection or repacking. The Carrier shall be entitled to recover the cost of such opening,
unpacking, inspection, and repacking from the Merchant. 15. CARRIAGE AFFECTED BY CONDITION OF THE GOODS
If it appears at anytime that the Goods cannot safely or properly be carried or carried further, either at all or without incurring any additional expense or taking any measure(s) in relation to the Goods or the Container, the Carrier may without notice to the Merchant (but as its agent only) take any measure(s) and/or incur any additional expense to carry or to continue the carriage thereof,
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and/or dispose of the Goods, and/or abandon the carriage and/or store them ashore or afloat, under cover or in the open, at any place, whichever the Carrier in his absolute discretion considers most appropriate, which abandonment, storage or disposal thereof shall be deemed to constitute due delivery under this Bill of Lading. The Merchant shall indemnify the Carrier against any additional
expense so incurred.
16. LIENS
The Carrier shall have a lien on the Goods and any documents relating thereto for Freight, dead Freight, demurrage, detention, and for any expenses incurred by the Carrier for recoopering, repacking, remarking, fumigation or required disposal of faulty Goods, for General Average contributions to whomsoever due, for fines, dues, tolls, land Freight, or commissions paid or advanced by the Carrier on behalf of the Goods, for any sums including salvage payable to the Carrier under this Bill of Lading and for legal expenses incurred because of any attachment or other legal proceedings brought against the Goods by governmental Authorities or any person claiming an interest in the Goods. The Carrier\\'s lien shall survive discharge or delivery of the Goods and the Carrier shall have the right to enforce such lien by public auction or private sale in its discretion. Shoud the proceeds of sale fail to cover the amount due, including expenses incurred, the Carrier shall be entitled to recover the balance from the Merchant. Should such
proceeds exceed the amount due, the balance shall be returned to the Merchant.
17. DECK CARGO, ANIMALS AND PLANTS
Goods (other than Goods stuffed in Containers) that are stated on the front of this Bill of Lading as contracted to be stowed \deck\of the Merchant, and the Carrier shall not be liable for any loss or damage of whatsoever nature arising during carriage by sea whether or not arising out of negligence on the part of the Carrier. The Carrier shall be bound to prove that he has fulfilled the special requirements of the Merchant with regard to the carriage of the live animals and that under the circumstances of the sea carriage, the loss or damage has occurred due to the special risks inherent therein. The Merchant shall indemnify the Carrier against all or any
extra costs incurred for any reason whatsoever in connection with the carriage of such live animals or plants.
18. METHODS AND ROUTES OF CARRIAGE The Carrier may at any time during the carriage (1) use any means of transport or storage whatsoever;
(2) transfer the Goods from one conveyance to another including transshipment or carrying the same on another Vessel other
than the Vessel named on the front of this Bill of Lading or by any other means of transport whatsoever.
Anything done in accordance with this Clause or any delay arising therefrom shall be deemed to be within the scope of the
carriage and shall not be a deviation. 19. MATTERS AFFECTING PERFORMANCE
If at any time the carriage is or is likely in the judgment of the Master to be affected by any hindrance, risk, delay, difficulty or disadvantage of any kind, other than the inability of the Goods to be safely or properly carried or carried further, and howsoever arising (even though the circumstances giving rise to such matters as stated above existed at the time this contract was entered into or the Goods were received for shipment), the Carrier (whether or not the carriage is commenced) may, at his sole discretion and
without prior notice to the Merchant:
(1) carry the Goods to the contracted Port of Discharge or Place of Delivery, whichever is applicable, by an alternative route from that indicated in this Bill of Lading or from that which is customary for Goods consigned to that Port of Discharge or Place of
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Delivery. If the Carrier elects to invoke the terms of this sub-Clause, then, notwithstanding the provisions of Clause 18 hereof, the
Carrier shall be entitled to charge such additional Freight as the Carrier may determine, or
(2) suspend the carriage of the Goods and store them ashore or afloat upon the terms of this Bill of Lading and endeavor to forward them as soon as possible, but the Carrier makes no representation as to the maximum period of suspension. If the Carrier elects to invoke the terms of this sub-Clause, then the Carrier shall be entitled to the payment of such additional Freight as the
Carrier may determine, or
(3) abandon the carriage of the Goods and place the Goods at the Merchant\\'s disposal at any port or place where the Carrier may deem safe and convenient, whereupon the responsibility of the Carrier in respect of such Goods shall entirely cease. The Carrier shall nevertheless be entitled to full Freight on the Goods received for shipment, and the Merchant shall pay any additional
costs of the carriage to, and delivery and storage at such port or place.
Where the Carrier elects to use an alternative route under Clause 19(1) or to suspend the carriage under Clause 19(2), same
shall not prejudice its right subsequently to abandon the carriage.
20. DANGEROUS GOODS
At the time of shipment of Dangerous Goods, the Merchant shall, in compliance with the regulations governing the carriage of such Goods, have the same properly packed, distinctly marked and labeled and notify the Carrier in writing of their proper description, nature and the precautions to be taken. In case the Merchant fails to or inaccurately notifies the Carrier, the Carrier may have such Goods landed, destroyed or rendered innocuous when and where circumstances so require, without compensation. The Merchant
shall be liable to the Carrier for any loss, damage or expense resulting from such shipment.
Notwithstanding the Carrier\\'s knowledge of the nature of the Dangerous Goods and its consent to carry, the Carrier may still have such Goods landed, destroyed or rendered innocuous, without compensation, when they become an actual danger to the Vessel, the crew and other persons on board or to other goods. However, what mentioned in this Clause shall not prejudice the
contribution in General Average, if any.
21. SPECIAL, REFRIGERATED OR HEATED CONTAINERS
(1) Unless the Merchant and the Carrier agree in writing before shipment that specially ventilated, refrigerated or heated
Containers will be used to ship the Goods and such agreement is noted on the front of this Bill of Lading, and the Merchant gives proper written notice to the Carrier of the nature of the Goods and of the particular temperature range to be maintained and/or special attention required and the Merchant pays the extra Freight charged under the Carrier\\'s Tariff or as agreed, the Goods shall be
carried in ordinary unventilated Containers.
(2) In case of a refrigerated Container stuffed by or on behalf of the Merchant, the Merchant undertakes that its thermostatic, ventilating or any other controls have been correctly set by the Merchant and that the temperature of the Goods and the refrigerated Container has been brought to the required temperature level before stuffing and that the Goods have been properly stowed in the Container before the receipt thereof by the Carrier. If these requirements are not fully met, the Carrier shall not be liable for any loss
of or damage to the Goods howsoever arising.
(3) The Merchant shall be responsible for the operation and maintenance of the Carrier\\'s Container while it is in the
Merchant\\'s custody or the custody of anyone acting on the Merchant\\'s behalf.
(4) If a suggested temperature is noted on the front of this Bill of Lading, the Merchant shall deliver the Goods to the Carrier at the noted temperature plus or minus 2℃ permitted, and the Carrier shall exercise due diligence to maintain such temperature, plus
or minus 2℃ while the Goods are in its actual possession.
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完整的海运提单样本 - 图文
