car, depot, or place of delivery of the carrier or warehouse, subject to the tariff charge for storage and to the carrier's responsibility as warehouseman, only, or at the option of the carrier, may be removed to and stored in a public or licensed warehouse at port (A), or other available place, at the cost of the owner, and there held without liability on the part of the carrier, and subject to a lien for all freight and other lawful charges, including a reasonable charge for storage. (b) Property destined to or taken from a station, wharf, or landing at which there is no regularly appointed freight agent shall be entirely at risk of owner after unloaded from cars or vessels or until loaded into cars or vessels, and, except in case of carrier's negligence, when received from or delivered to such stations, wharves, or landings shall be at owner's risk until the cars are attached to and after they are detached from locomotive or train or until loaded into and after unloaded from vessels. 6. No carrier hereunder will carry or be liable in any way for any documents, specie, or for any articles of extraordinary value not specifically rated in the published classifications or tariffs unless a special agreement to do so and a stipulated value of the articles are indorsed hereon. 7. Every party, whether principal or agent, shipping explosives or dangerous goods, without previous full written disclosure to the carrier of their nature, shall be liable for and indemnify the carrier against all loss or damage caused by such goods, and such goods may be warehoused at owner's risk and expense or destroyed without compensation. 8. The owner or consignee shall pay the freight, and average, if any, and all other lawful charges accruing on said property, and, if required, shall pay the same before delivery. If, upon inspection, it is ascertained that the articles shipped are not those described in this bill of lading, the freight charges must be paid upon the articles actually shipped. 9. (a) If all or any part of said property is carried by water over any part of said route, such water carriage shall be performed subject to all the terms and provisions of, and all the exemptions from liability contained in the Act of Congress of the United States, approved on February 13, 1893, and entitled "An Act relating to the navigation of vessels, etc.," and of other statutes of the United States according carriers by water the protection of limited liability, and to the conditions contained in this bill of lading not inconsistent therewith or with this section. (b) No such carrier by water shall be liable for any loss or damage resulting from any fire happening to or on board the vessel, or from explosion, bursting of boilers, or breakage of shafts, unless caused by the design or neglect of such carrier. (c) If the owner shall have exercised due diligence in making the vessel in all respects seaworthy and properly manned, equipped, and supplied, no such carrier shall be liable for any loss or damage resulting from the perils of the lakes, seas, or other waters, or from latent defects in hull, machinery, or appurtenances, whether existing prior to, at the time of, or after sailing, or from collision, stranding, or other accidents of navigation, or from prolongation of the voyage. Except in case of negligence, such carrier shall not be responsible for any loss or damage to property if it be necessary or is usual to carry the same upon deck. (d) General average shall be payable according to York-Antwerp Rules, 1890, and, as to any matter not therein provided for, according to the law and usage of the port of New York. If the owners shall have exercised due diligence to make the vessel in all respects seaworthy and properly manned, equipped, and supplied, it is hereby agreed that in case of danger, damage, or disaster resulting from faults or errors in navigation, or in the management of the vessel, or from any latent or other defects in the vessel, her machinery or appurtenances, or from unseaworthiness, whether existing at the time of shipment or at the beginning of the voyage (provided the latent or other defects or the unseaworthiness was not discoverable by the exercise of due diligence), the shippers, consignee, and/or owners of the cargo shall nevertheless pay salvage and any special charges incurred in respect of the cargo, and shall contribute with the shipowner in general average to the payment of any sacrifices, losses, or expenses of a general average nature that may be made or incurred for the common benefit or to relieve the adventure from any common peril. (e) If the property is being carried under a tariff which provides that any carrier or carriers party thereto shall be liable for loss from perils of the sea, then as to such carrier or carriers the provisions of this section shall be modified in accordance with the tariff provisions, which shall be regarded as incorporated into the conditions of this bill of lading. (f) The term "water carriage" in this section shall not be construed as including lighterage in or across rivers, harbors, or lakes when performed by or on behalf of rail carriers. 10. (a) No carrier shall be liable for delay not occurring on its own line or not the result of its negligence, nor in any respect other than as a warehouseman, while the property awaits further conveyance after proper tender of delivery to the next connecting carrier has been made, and if the whole or any part of the property specified herein be prevented by any cause from going from the port of export in the vessel for which intended, the carrier hereunder then in possession is at liberty to forward said property by another vessel of the ocean carrier, or, if deemed necessary, by any other vessel, dispatching notice thereof to the shipper and consignee. (b) It shall be the duty of the carrier by railroad to deliver such property to the vessel as a part of its undertaking as a common carrier. PART II. With respect to the service after delivery at the port (A) first above mentioned, and until delivery at the port (B) second above mentioned, it is agreed that 1. (a) The vessel shall have liberty to sail with or without pilots; the ocean carrier shall have liberty to convey goods in craft and/or lighters to and from the vessel at the risk of the owners of the goods; and, in case the vessel shall put into a port of refuge or be prevented from any cause from proceeding in the ordinary course of her voyage, to transship the goods to their destination by any other vessel, dispatching notice thereof to the consignee, if named herein (at destination named), and otherwise to the shipper. The ocean carrier shall not be liable for loss or damage occasioned by fire from any cause or wheresoever occurring; by barratry of the master or crew; by enemies, pirates, or robbers; by arrest or restraint of princes, rulers, or people, riots, strikes, or stoppage of labor; by explosion, bursting of boilers, breakage of shafts, or any latent defect in hull, machinery, or appurtenances, or unseaworthiness of the vessel, whether existing at time of shipment or at the beginning of the voyage, provided the owners have exercised due diligence to make the vessel seaworthy; by fumigation under governmental orders; by heating, frost, decay, putrefaction, rust, sweat, change of character, drainage, leakage, breakage, vermin, or by explosion of any of the goods, whether shipped with or without disclosure of their nature, or any loss or damage arising from the nature of the goods or the insufficiency of packages; nor for inland damage; nor for the obliteration, errors, insufficiency or absence of marks, numbers, address, or description; nor for risk of craft, hulk, or transshipment; nor for any loss or damage caused by the prolongation of the voyage. The ocean carrier shall not be concluded as to correctness of statements herein of quality, quantity, gauge, contents, weight, and value. (b) General average shall be payable according to York-Antwerp rules, 1890, and, as to any matter not therein provided for, according to the law and usage of the port of New York. If the owners shall have exercised due diligence to make the vessel in all respects seaworthy and properly manned, equipped, and supplied, it is hereby agreed that in case of danger, damage, or disaster resulting from faults or errors in navigation, or in the management of the vessel, or from any latent or other defects in the vessel, her machinery or appurtenances, or from unseaworthiness, whether existing at the time of shipment or at the beginning of the voyage (provided the latent or other defect or the unseaworthiness was not discoverable by the exercise of due dili gence), the shippers, consignees, and/or owners of the cargo shall nevertheless pay salvage and any special charges incurred in respect of the cargo and shall contribute with the shipowner in general average to the payment of any sacrifices, losses, or expenses of a general average nature that may be made or incurred for the common benefit or to relieve the adventure from any common peril. 2. This shipment until delivery at the port (B) second above mentioned is subject to all the terms and provisions of and all the exemptions from liability contained in the act of Congress of the United States approved on the 13th day of February, 1893, and entitled "An act relating to the navigation of vessels, etc." This shipment is subject to the provisions of sections 42814286, inclusive, of the revised Statutes of the United States. 3. (a) The value of each package shipped hereunder does not exceed $250 unless otherwise stated herein, on which basis the freight is adjusted, and the ocean carrier's liability shall in no case exceed that sum or the invoice value (including freight charges, if paid, and including duty if paid and not returnable), whichever shall be the least, unless a value in excess thereof be specially declared and stated herein, and extra freight as may be agreed upon paid. Any partial loss or damage for which the carrier may be liable shall be adjusted pro rata on the above basis. (b) Notice of loss, damage, or delay must be given in writing to the carrier receiving the goods for transportation between Port A and Port B within 30 days after the removal of the goods from the custody of such carrier, or, in case of failure to make delivery, within 30 days after the goods should have been delivered, provided, that if such loss or damage is apparent at the time of the removal of the goods from the custody of the carrier, the notice of loss, damage, or delay must be given before the goods are so removed, in which case notation of the loss or drainage made on the receipt given to the carrier for the goods shall constitute the notice herein required. Written claim must be filed with such carrier within nine months after giving the aforesaid written notice. Unless such notice is given and claim filed as above provided, the carrier shall not be liable. No suit to recover for such loss, damage, or delay shall be maintained unless instituted within one year after the giving of the written notice of loss, damage, or delay above provided for. (c) The carrier shall not be entitled to the benefit of any insurance that may have been effected by the shipper upon the goods shipped thereunder. 4. Shippers shall be liable for any loss or damage to vessel or cargo caused by inflammable, explosive, or dangerous goods, shipped without full disclosure of their nature, whether such shipper be principal or agent; and such goods so shipped may be thrown overboard or destroyed at any time without compensation. 5. The carrier shall have a lien on the goods for all freights and charges and any sums that may be due under this bill of lading, and also for all fines or damages which the vessel or cargo may incur or suffer by reason of the illegal, incorrect, or insufficient marking, numbering, or addressing of packages or description of their contents. 6. If the vessel is prevented from reaching her destination by quarantine, the carrier may discharge the goods into any depot or lazaretto, under suitable available protection, dispatching notice thereof to the consignee, if named herein (at destination named), and otherwise to the shipper, and such discharge shall be deemed a final delivery under this contract, and all the expenses thereby incurred on the goods shall be a lien thereon. 7. The vessel may commence discharging immediately on arrival and discharge continuously, any custom of the port to the contrary notwithstanding, the collector of the port or other proper officer being hereby authorized to grant a general order for discharge immediately on arrival, and if the goods be not taken from the vessel by the consignee directly they come to hand in discharging the vessel, the master or vessel's agent to be at liberty to enter and land the goods, or put them into craft or store at the owner's risk and expense, dispatching notice thereof to the consignee, if named herein (at destination named), and otherwise to the shipper, when the goods shall be deemed delivered and vessel's responsibility ended, but the vessel and carrier to have a lien on such goods until the payment of all costs and charges so incurred. 8. If on a sale of the goods at destination for freight and charges, the proceeds fail to cover said freight and charges, the ocean carrier shall be entitled to recover the difference from the shipper, owner, or consignee. Full freight is payable on damaged or unsound goods; but no freight is due on any increase in bulk or weight caused by the absorption of water during the voyage. Freight prepaid will not be returned provided the goods have been loaded on the vessel. 9. In the event of claims for short delivery when the vessel reaches her destination, the value shall be adjusted as per conditions under clause 3, less all charges saved, vessel being responsible only for such part of the goods as has been actually delivered to the vessel at the port (A) above mentioned, and vessel not liable for any loss, or damage that may have occurred before such delivery, while agreeing to present promptly to inland carriers for account of owners of goods any claims for shortage or loss or damage that may have occurred before delivery of the goods at the port (A) above mentioned. 10. Goods on wharf awaiting shipment or delivery shall not be at ocean carrier's risk of loss or damage not happening through the fault or negligence of the owner, master, agent, or manager of the vessel, any custom of the port to the contrary notwithstanding. 11. This bill of lading, duly indorsed, shall be given up to the vessel's consignee in exchange for delivery order. 12. Freight payable on weight is to be paid on gross weight landed from ocean vessel, unless herein otherwise provided, or unless the carrier elects to take the freight on the bill of lading weight, but inland freight and charges paid on wheat, peas, maize, or other grain, or seed, or other bulk articles, from point of shipment to seaboard, shall be paid by consignee at destination on the weight delivered on board ocean vessel. 13. If from any cause the whole or any part of the articles specified herein do not go in the vessel for which intended, the carrier shall forward them by other vessel or vessels employed by the ocean carrier, or by other vessels. 14. The property covered by this bill of lading is subject to all conditions expressed in the regular form of port bill of lading in use by the steamship company on the date of execution of this document and on file, in accordance with the rules and regulations of the United States Shipping Board and/or the Interstate Commerce Commission, but if any of such conditions are in conflict with conditions 1-15 of Part II of this bill of lading, the latter conditions shall control. 15. If the goods covered by this bill of lading are consigned hereunder beyond the port (B), the transshipment to connecting carrier shall be at the risk of the owner of the goods, but at vessel's expense, and all liability of the ocean carrier hereunder terminates on delivery to connecting carrier. PART III.-With respect to the service after delivery at the port (B) second above mentioned, and until delivery at ultimate destination if destined beyond that port, it is agreed that 1. In case the regular vessel service to final port of delivery should for any reason be suspended or interrupted, the ocean carrier, at the option of the owner or consignee of the goods, or the holder of the bill of lading, may forward the goods to the nearest available port, this to be considered a final delivery, or to store them at the port (B) second above mentioned at the risk and expense of the goods until regular service to final port of destination is opened again. 2. The property shall be subject exclusively to all the conditions of the carrier or carriers completing the transit. 3. The addressing of arrival notice to the notify party shall be exclusively the obligation of the carrier completing the transit. And finally, in accepting this bill of lading, the shipper, owner, and consignee of the goods, and the holder of the bill of lading, agree to be bound by all its stipulations, exceptions, and conditions, whether written or printed, as fully as if they were all signed by such shipper, owner, consignee, or holder. In witness whereof, the agent signing on behalf of the said and of the said ocean carrier or ocean vessel and her owner, severally and not jointly, hath affirmed to bills of lading, all of this tenor and date, one of which bills being accomplished, the others to stand void. (On behalf of carriers severally but not jointly) --,Agent. By. Shipper. SHIPPING DOCUMENTS REQUIRED BY LAW ON SHIPMENTS TO FOREIGN COUN TRIES MIDDLE AMERICAN Country Costa Rica.. Cuba...... Dominican Republic Guatemala.. Honduras. Mexico.. Nicaragua Panama. Argentina... Brazil..... Chile...... Colombia..... Ecuador.... Peru.. Uruguay. Venezuela.. Name of the vessel and of its captain must be shown on the invoice. Name of the vessel, its class, and nationality must be shown on the invoice. Name of the steamer, its nationality, and its captain must be shown on the invoice. Consular invoice; bill of lading; Name of the vessel must be shown on the incommercial invoice. Name of the vessel may be filled in at the port of exit, if the documents are made out inland. Name of the vessel and its captain must be shown on the consular invoice; no through bills of lading are issued because of transshipment at Chilean or Peruvian ports. Consular invoice; bill of lading.... Name of the ship must be shown on the con..do... Consular invoice; bill of lading; do.. sular invoice with its flag. Name of the ship must be shown on the con sular invoice, provided the invoice is sent from port of embarkation. Name of the vessel must be given in the consular invoice; does not require visé, but must accompany consular invoice. Name of the vessel, its flag, and its captain must be shown on the consular invoice. Name of the boat of original shipment must be given, and the name of the boat or the number of the car from port of transshipment must be filled in (at port of transshipment). Name of the ship and that of its captain must be shown on the consular invoice. (Arrangements have just been completed by the Peruvian Government so that through export bills of lading may be used). Bill of lading; certificate of origin.. Bill of lading must contain the name of the ves sel, its captain, and its port of registry, and its tonnage. Consular agent (inland), after viséing the certificates of origin, shall send the original to the Uruguayan consulate at the port of shipment; the consul there, after comparing the certificate of origin with the other shipping documents, shall note on each certificate (original and duplicate) the name of the vessel on which the goods are shipped. Consular invoice; bill of lading.... The name of the vessel, its flag, and its captain must be shown on the consular invoice. Bulgaria... France. OTHER COUNTRIES Name of vessel and date of sailing. Certificate or origin, viséed by None. |