(5) The Carrier does not warrant that the Container be properly ventilated, refrigerated or heated throughout the carriage, nor shall the Carrier be liable for any loss of or damage to the Goods arising from any latent defects, any total or partial failure or breakdown, or stoppage of the refrigerating machinery, plant, insulation and/or any apparatus of the Container, Vessel, conveyance and any other facilities, provided that the Carrier shall before or at the beginning of the carriage exercise due diligence to maintain
the refrigerated Container in an efficient state.
(6) In case of the Merchant\\'s own Container, a set of emergency kit and an operation manual shall be supplied by the
Merchant.
22. NOTIFICATION AND DELIVERY
(1) Any mention herein of parties to be notified of the arrival of the Goods is solely for information of the Carrier, and failure to give such notification shall not give rise to any liability on the part of the Carrier or relieve the Merchant of any obligation hereunder.
(2) The Merchant shall take delivery of the Goods within the time provided for in the Carrier\\'s applicable Tariff or as required
by the Carrier.
(3) If the Merchant fails to take delivery of the Goods during a reasonable time or whenever in the opinion of the Carrier the
Goods are likely to deteriorate, decay, become worthless or incur charges whether for storage or otherwise in excess of their value, the Carrier may, at its discretion, without prejudice to any rights which he may have against the Merchant, without notice and without any responsibility whatsoever attaching to him, unstuff, sell, destroy or dispose of the Goods at the sole risk and expense of the Merchant, and apply any proceeds of sale in reduction of the sums due to the Carrier from the Merchant. The aforesaid unstuffing shall constitute due delivery hereunder and thereupon all liability whatsoever of the Carrier in respect of the Goods thereof shall
cease.
(4) Where the Carrier is obliged to hand over the Goods so carried into the custody of the port, customs or any other
Authorities at the Port of Discharge or Place of Delivery and the Goods are delivered by the same to the Merchant without necessity of production of this Bill of Lading by the Merchant as required by the local law, regulation and/or practice, such hand-over shall constitute due delivery to the Merchant under this Bill of Lading and there-upon the liability of the Carrier in respect of the Goods
shall entirely cease.
(5) Refusal by the Merchant to take delivery of the Goods in accordance with the terms of this Clause, notwithstanding its
having been notified of the availability of the Goods for delivery, shall constitute an irrevocable waiver by the Merchant to the Carrier of all and any claims whatsoever relating to the Goods or the Carriage. The Merchant shall be liable for any losses, damages, expenses and liabilities incurred and sustained by the Carrier arising from such refusal, including but not limited to, the return of the
Goods to their place of origin.
23. GENERAL AVERAGE AND SALVAGE
(1) General Average shall be adjusted at any port or place at the Carrier\\'s option according to the York-Antwerp Rules 1974, as amended in 1990, and any other amendments thereto. The Merchant shall give such cash deposit or other security as the Carrier
may deem sufficient to cover the estimated General Average contribution of the Goods before delivery.
(2) In the event of the Master considering that salvage services are needed, the Merchant agrees that the Master shall act on its behalf to procure such services to Goods and that the Carrier may act on its behalf to settle salvage remuneration. The Merchant shall timely and fully provide cash deposit or other security to the salvor without affecting 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
21
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.
22
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.
33.Upon 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.
23
完整的海运提单样本 - 图文
