Standard Conditions Governing The Genesis COMBINED TRANSPORT
Bill of Lading
Carrier means the Combined Transport NVOCC who issues this BL and is named on the face of it and assumes liability for the performance of the Combined Transport contract as a carrier.
Merchant means the Customer / Freight Payer and includes the Shipper, the Consignor, the Consignee, the Holder of this BL, the Receiver, and the Owner of the Cargo
Consignor means the person who concludes the Combined Transport contract with the Carrier.
Consignee means the person entitled to receive the Cargo from the Carrier.
Taken in charge means that the Cargo have been handed over to and accepted for carriage by the Carrier at the place of receipt evidenced in this BL.
Container – means the tank container supplied by the Carrier.
Cargo / Goods is the Bulk Liquids received from the Merchant and shall mean the whole or part of the cargo and the container supplied on behalf of The Merchant.
Confirmation of Quotation – Quotation issued by The Carrier to The Merchant
Hague Rules – shall mean the provisions of the International Convention for the Unification of Certain Rules relating to Bill of Lading signed at Brussels on 25th August 1924, excluding Article III rule 8 and Articles IX to XVI inclusive
Hague-Visby Rules – shall refer to the amendments by Protocols signed at Brussels on 23 February 1968 and 21 December 1979 and these shall apply only when compulsory applicable by the law applicable to the contract, subject to clause (9) of this bill of lading.
US COGSA – means the USA Carriage of Goods by Sea Act, approved 16th April 1936.
Notwithstanding the heading, Combined Transport Bill of Lading (BL) these conditions shall also apply if at the Merchants request, a port-to-port BL is issued.
2. Issuance of the BL
a) Undertakes to perform and / or in his own name to procure the performance of the entire transport from the place at which the Cargo are taken in charge, place of receipt evidenced in this BL, to the place of delivery designated in this BL.
b) Assumes liability as set out in these conditions.
2.2 Subject to the conditions of this BL the Carrier shall be responsible for the acts and omissions of its servants or agents within the scope of their employment or any other person of whose services the Carrier makes use of for the performance of the contract evidenced by this BL, as if such acts and omissions were its own.
3. Negotiability and Title to the Cargo.
3.1 This BL is issued in a negotiable form unless it is marked non-negotiable. It shall constitute title to the Cargo and the holder, by endorsement of this BL, shall be entitled to receive or to transfer the Cargo herein mentioned.
3.2 The information in this BL shall be prima facie evidence of the taking in charge by the Carrier of the Cargo as described by such information unless a contrary indication such as shippers’ weight, load, and count”, shipper packed container” or similar expressions has been made in the printed text or superimposed on this BL.
3.3 The containers stated on the face of the BL are the property of the carrier and the signing of the BL is not a surrender of the ownership of the containers which shall always remain with the carrier.
3.4 For USA business, any inconsistency between the BL and the Carriers USA FMC Tariff, the BL conditions shall prevail.
4. Dangerous Cargo and Indemnity
4.1 The Merchant shall comply with rules which are mandatory according to the National law or by reason of International Convention, relating to the carriage of Cargo of a dangerous nature, and shall in any case inform the Carrier in writing of the exact nature of the danger, before Cargo of a dangerous nature are taken in charge by the Carrier and indicate to The Carrier the precautions to be taken.
4.2 The Merchant, without receiving a request to do so, will provide the Carrier with timely information, instruction and documentation for the proper handling and carriage of the Cargo, including precautions that should be taken by the Carrier. The Merchant shall also provide the Carrier with information needed by the Carrier to comply with any applicable law, regulation, or requirement of public authorities. The Merchant assumes liability for loss or damage that could have been prevented if the information required had been furnished to The Carrier.
4.3 If the Merchant fails to provide such information and the Carrier is unaware of the dangerous nature of the Cargo and the necessary precautions to be taken and if, at any time, the Cargo is deemed to be a hazard to life or property, the Cargo may at any place be unloaded, destroyed, or rendered harmless, as circumstances may require without compensation. The Merchant shall indemnity the Carrier against all loss, damage, liability, or expense arising out of their being taken in charge, or their carriage, or of any service incidental thereto. The burden of proving that the Carrier knew the exact nature of the danger constituted by the carriage of the said Cargo shall rest on the Merchant.
4.3 If Cargo shall become a danger to life or property, the Cargo may in like manner be unloaded or landed at any place or destroyed or rendered harmless. If such danger was not caused by the fault and neglect of the Carrier, then they shall have no liability and the Merchant shall indemnify the Carrier against all loss, damage, and liability and expense arising therefrom.
4.4 Unless otherwise agreed in writing, The Carrier shall supply containers with interior cylinder made of BS 316 grade (or equivalent) stainless steel under the assumption that the Cargo is compatible with stainless steel. The Merchant shall indemnify the Carrier for the cost of repairing any damage to the container caused by the cargo.
4.5 The Merchant undertakes not to tender for the transportation of any Cargo which require temperature control during transit without previously giving the Carrier written notice of the Cargo nature and temperature range to be maintained. The Merchant is responsible for making sure that the thermostatic controls of the container have been properly set.
4.6 The Merchant warrants that the Cargo will not cause loss, damage, or expense to the Carrier, to any vessel or other conveyance used in the carriage of the Cargo or to any other cargo.
5. Description of Cargo and Merchant’s Responsibility
5.1 The Merchant shall be deemed to have guaranteed to the Carrier the accuracy, at the time the Cargo were taken in charge by the Carrier, of all particulars relating to the general nature of the Cargo, their marks, number, weight, volume, and quantity and, if applicable, to the dangerous character of the Cargo, as furnished by the Merchant or on their behalf for insertion in the BL. The Merchant shall indemnify the Carrier against all loss, damage and expense resulting from any inaccuracy or inadequacy of such particulars.
5.2 The Merchant shall be responsible for the labelling on the container in accordance with IMDG and / or any other applicable and / or international laws (e.g., USA DOT, ADR, UK DOT) as well as proving the correct hazardous cargo declaration and documentation.
5.3 The Merchant shall be responsible for the supplying and fitting of customs seals. The Carrier shall not be responsible for weight or measurement of loaded containers, nor for the particulars relating to the contents of loaded containers as stated in the transport documents. All loaded containers shall be sealed by or on behalf of The Merchant and with the seal; numbers shown on the transport documents. The Carrier does not have a physically practicable or commercially reasonable means to check the accuracy of the Merchants quality or quantity description of the Cargo, or the containers and the Carrier does not undertake to check the thermal expansion coefficient or temperature of the Cargo.
5.4 The Merchant shall be responsible for and arrange for the proper loading and discharge of the cargo into and from the containers and for the proper closure of all valves on completion of loading or discharge. The Merchant shall ensure that every container is loaded to the minimum and maximum allowed limits for origin, sea, and destination.
5.5 The Carrier shall not be liable for any loss, damage or expense caused by defective, insufficient, or inadequate loading or discharge of the containers,
5.6 The Carrier shall not be liable for the defect or unsuitability of the containers supplied by The Carrier, to the Merchant if a defect or unsuitability of the Container would have been apparent upon reasonable inspection by the Merchant. The Merchant shall indemnify the Carrier against all loss, damage, liability, and expense so caused.
5.7 The Merchant shall load or discharge the containers at the Merchants sole risk and expense and shall supply all necessary pumps and hoses, unless otherwise agreed with the Carrier. If it is necessary to heat the cargo for the purpose of discharge the Carrier shall not be liable for the effects of such heat. The Merchant shall Indemnify the Carrier for the cost of any damage to the containers because of the overheating of the Cargo or the misuse of the Containers heating systems.
5.8 If the Merchant, chooses to arrange their own local trucking, the Merchant is responsible for any damage that occurs to the containers, while under the control of the Merchant or local sub-contractors, appointed by the Merchant. Any apparent damage to the containers, when returned to The Carriers appointed terminal or depot, which was not reported in the equipment interchange report (EIR), issued, and acknowledged by relevant authority, when the Containers were collected by the Merchant, shall be deemed to be damage which has occurred while in the custody of the Merchant or its appointed agent or sub-contractor.
5.9 In the event of any damage to the Container, while in the custody of the Merchant or their appointed agents or sub-contractors, the Merchant shall be liable to the Carrier, pursuant to clause (7), for the cost of repair to the Containers to ITCO standards (or for the replacement value of the containers if the container is declared a total loss) and any consequential costs. The Merchant shall be liable to the Carrier for Container demurrage, until the repairs have been completed or in the case of declared total loss, until the replacement value has been paid to the carrier.
5.10 The Merchant shall remain liable even if the BL has been transferred by them. The right of the Carrier to such an indemnity shall in no way limit liability under this BL to any other party other than The Merchant.
6. Carriers Responsibility
6.1 Port to Port Shipments - The responsibility of the carrier shall be limited to that part of the carriage from and during loading onto the vessel (port of exit) and during discharge from the vessel (port of entry)
6.2 Combined Transport – The responsibility of the carrier shall be from the time the Cargo are taken into their charge until the time of their delivery.
6.3 The carrier shall in no way be liable for direct or consequential loss caused by the delay in the arrival of the Cargo.
7. Repair of Containers. Replacement Value of Containers
7.1 The Merchant shall be liable for all damage to the Containers whilst in the procession of the Merchant, its agents, the Consignor, or the Consignee or whilst the Merchants cargo is carried in said containers. This includes demurrage on said containers. If such damage, in the Carriers reasonable judgement can be repaired, then the Merchant shall pay The Carrier for such repair cost. Otherwise, if in the Carriers reasonable judgement, deems the Container a total loss, then the Merchant shall be liable for the replacement cost of the Container without the right to deduct for any depreciation.
8. Paramount Clause
8.1 These conditions shall only take effect to the extent that they are not contrary to the mandatory provisions of International Conventions of national law applicable to the contract evidenced by this BL.
8.2 The Hague Rules contained in the International Convention for the unification of certain rules relating to bills of Lading, dated Brussels 25th August 1924 or in those countries where there are already in force the Hague-Visby Rules contained in the Protocol of Brussels, dated 23rd February 1968, as enacted in the country of Shipment shall apply to all carriage of Cargo by sea and also to the carriage of Cargo by inland waterways, and such provisions shall apply to all Cargo whether carried on deck or under deck.
8.3 The Carriage of Goods by Sea Act of the United Stated of America (COGSA) shall apply to the carriage of Cargo by sea, whether on deck or under deck, and if compulsorily applicable to this BL or would be applicable but for the Cargo being carried on deck in accordance with a statement on this BL.
9. Limitation of the Carrier’s Liability
9.1 The Carrier reserves the right to invoke the limitation of liability under the applicable law. Nothing herein shall operate to limit or deprive the Carrier of any statutory right, defence or limitation of liability provided by any applicable law, statute, or regulation.
9.2 Package or Shipping Unit limitation. Where the Hague rules or any legislation making such rules compulsory (such as COGSA or COGWA) to the bill of lading apply, the Carrier shall not, unless a declared value has been noted in accordance with (9.3) below, be or become liable for loss or damage to or in connection with the Cargo in an amount per package or shipping unit more than the package or shipping unit limitation as lay down by such rules or legislation. Such limitation amount according to COGSA is US$ 500 per container (shipping unit) and according to COGWA is C$ 500 per container (shipping unit). If no limitation amount is applicable under such rules or legislation the limitation shall be US$500 per container (shipping unit)
9.3 Ad Valorem Declared Value of Package or Shipping Unit. The Carriers liability may be increased to a higher value by a declaration in writing of the value of the Cargo by the Merchant upon delivery of the Cargo to the Carrier for shipment, such higher value being inserted on the front of this bill of lading in the space provided and if required by the Carrier, extra freight paid. In such case, if the actual value of the Cargo shall exceed the declared value, the value shall nevertheless be deemed to be the declared value.
9.4 For the purpose of clause (9), except as otherwise required by any compulsory applicable national law, packaging means the largest kind of package, unit, or container in which the Cargo were received by the Carrier and freight unit means container.
10. Applicability to Action in Tort
These conditions apply to all claims against the Carrier relation to the performance of the contract evidenced by this BL, whether the claim is founded in contract or in tort.
11. Liability of Servants and other Persons
11.1 These conditions apply whenever claims relating to the performance of the contract evidenced by this BL are made against any servant, agent, or other person (including any independent contractor) whose services have been used to perform the contract, whether such claims are founded in contract or in tort, and the aggregate liability of the Carrier and or such servants, agents or other persons shall not exceed the limit.
11.2 In entering the contract as evidenced by this BL, the Carrier, to the extent of these provision, does not only act on his own behalf, but also as agent or trustee for such persons, and such persons shall to this extent be or be deemed to be parties to this contract.
11.3 However, if it is proved that the loss of or such loss or damage to the Cargo resulted from a personal act or omission of such a person referred to in clause (11.1), done with intent to cause damage, or recklessly and with knowledge that damage would probably result, such person shall not be entitled to benefit of limitation of liability provided for in clause 9.
11.4 The aggregate of the amounts recoverable from the Carrier and the persons referred to in Clauses (2.2) and (11.2) shall not exceed the limits provided for in these conditions.
12. Method, Stowage, Route of Transportation and Substitution
12.1 Without notice to the Merchant, the Carrier has the liberty to carry the Cargo on or under deck.
12.2 The Cargo may be carried by any route whatever, whether or not the most direct, scheduled, advertised or customary route and by any vessel or mode of transport. The Carrier shall be entitled to tranship the Cargo and to substitute any vessel or other means of transport at any time. The Carrier may without notice, change the pre carriage and on carriage locations.
12.3 The Carrier may unload and re-load the Cargo at any place or port (whether or not named on the Transport Document) and to store the Cargo using any means of storage at any such port or place.
12.4 The Carrier may comply with the orders or recommendations of any government or authority.
12.5 Anything done or not done in accordance with this clause, or any resulting delay, shall be deemed to be within the contractual carriage and shall not be a deviation.
13.1 The Merchant shall acknowledge receipt of the Cargo at the time of their delivery. The Carrier shall not be obliged to deliver the Cargo except in exchange for a receipt from or on behalf of the Merchant.
13.2 Cargo shall be deemed to be delivered when it has been handed over or placed at the disposal of the Consignee or its agent in accordance with this BL, or when the Cargo has been handed over to any authority or other party to whom, pursuant to the law or regulation, applicable at the place of delivery, the Cargo must be handed over, or such other place at which the Carrier is entitled to call upon the Merchant to take delivery.
13.3 The Merchant shall ensure that the proper discharge procedure is followed or otherwise agreed with the Carrier. The Merchant shall inspect the Container and ensure it can be safely discharged, verifying that the Cargo are in acceptable condition prior to unloading at the destination and ensuring that not more than 20 litres of the cargo (residue), remain in the containers after discharge.
13.4 The Merchant shall take delivery of the Cargo within the contracted free time. If the Cargo have not been collected within the contracted free time, the Merchant will be liable to the Carrier for Container demurrage, pier detention and any other charges which shall accrue. The Carrier shall also be entitled to store the Cargo at the sole risk of the Merchant, and the Carriers liability shall cease, and the cost of such storage shall be paid, upon demand by the Merchant to the Carrier.
13.5 If at any time during the carriage under this BL, is or is likely to be affected by any hindrance of risk of any kind including in the opinion of the Carrier, the Cargo is likely to deteriorate or become worthless or incur charges whether for demurrage or otherwise (not arising from any fault or neglect of the Carrier) and which cannot be avoided by the exercise of reasonable endeavours, then the Carrier may abandon the carriage of the Cargo under this BL. Where reasonably possible, the Carrier will place the Cargo at The Merchant’s disposal at any place which the Carrier may deem safe and convenient, whereupon delivery shall be deemed to have been made and the responsibility of the Carrier in respect of such Cargo shall cease. In any event, the Carrier shall be entitled to full freight under this BL and the Merchant shall pay any additional costs resulting from the above-mentioned circumstances.
13.6 Following delivery, The Merchant shall ensure return of the Containers in good condition (same as when collected), free of all labels to the Carriers designated depot. If the residue exceeds 20 litres, the Merchant shall be responsible for all additional costs including but not limited to drumming, trucking, disposal of residue and additional cleaning. Container demurrage will be applicable until such time that all residue has been removed.
13.7 Any information in this BL of parties to be notified of the arrival of the Cargo is solely for the information of the Carrier and failure to give such notification shall not involve the Carrier in any liability nor relieve the Merchant of any obligation.
14. Freight and Charges
14.1 The Merchant shall pay all charges shown in the latest Confirmation of Quote. Freight shall be paid in cash, without any reduction or deferment on account of any claim, counterclaim or set off, whether prepaid or payable at destination. Freight shall be considered as earned by the Carrier at the moment when the Cargo have been taken in their charge and not when they have been returned.
14.2 Freight and all other amounts mentioned in this BL are to be paid in US$ unless otherwise agreed by the Carrier. The Merchant is responsible for all additional costs due to fluctuation in currency exchange rates. All official changes in ocean, inland and other rates over which the Carrier has no control shall be for the account of the merchant.
14.3 All duties, taxes, wharfage, or other expenses in connection with the Cargo shall be paid by the Merchant.
14.4 The Merchant shall reimburse the Carrier in proportion to the amount of freight for any costs for deviation or delay or any other increase of costs of whatever nature caused by war, warlike operations, epidemics, strikes, government direction or force majeure.
14.5 The Merchant warrants the correctness of the declaration of contents, insurance, weight, measurement, or value of the Cargo but the Carrier has the liberty to have the contents inspected and the weight measurement or value verified. If on such inspection it is found that the declaration is not correct it is agreed that a sum equal to five times the difference between the correct figure and the freight charged or double the correct freight less the freight charged, whichever sum is the smaller, shall be payable as liquidated damages to the Carrier for his inspection costs and losses of freight on other Cargo notwithstanding any other sum having been stated on this BL as freight payable.
14.3 Despite the acceptance by the Carrier of instructions to collect freight, demurrage, or other expenses from any other persons in respect of the transport under this BL, the Merchant shall remain responsible for such monies on receipt of evidence of demand and the absence of payment for whatever reason.
15.1 The Merchant is responsible for any Container demurrage as a result of the Merchant exceeding the agreed free time for loading and discharge of the Container.
15.2 All demurrages and charges such as port detention and truck demurrage etc which are not due to a fault or neglect of the carrier shall be for the account of the Merchant.
15.3 Despite the acceptance by the Carrier of instructions to collect Container demurrage, port detention, truck demurrage or any other demurrage from any other party in respect of the transport under this BL, the Merchant shall remain responsible for such amounts, if the other party fails to timely pay the Carrier, for whatever reason.
16. Container Cleaning and Residue (Heel) Disposal
Additional cleaning costs exceeding the cleaning depot tariff for the Cargo, as well as costs for residue disposal shall be for the account of the Merchant.
17.1 The Carrier shall have a lien on the Cargo and any documents relating thereto for any amount due at any time to the Carrier from the Merchant including Container demurrage and other demurrage and the costs of recovering same and may enforce such a lien in any reasonable manner, at any time and place at its sole discretion.
17.2 The Carrier shall have a General Lien on the Cargo and any documents relating thereto for
any loss, damage or expense caused to the Carrier by any current, previous, or subsequent breaches by the Merchant of this or any other contract with the Carrier or for which the Merchant is at any other time otherwise liable and any sums including current or previous demurrage, whatsoever payable at any time by the Merchant to the Carrier.
17.3 The Carrier shall have the right to sell the Cargo and documents by public auction or public treaty in order to recover monies owed.
18. General Average
The Merchant shall indemnify the Carrier in respect of any claims of a General Average nature, which may be made on the Carrier and shall provide such security as may be required to the Carrier in this connection.
19. Notice of Loss
19.1 Unless notice of loss or damage to the Cargo, specifying the general nature of such loss or damage is given in writing by the Consignee to the Carrier when the Cargo is delivered to the Consignee in accordance with clause 13; such handing over, is prima facie evidence of the delivery by the Carrier of the Cargo as described in this bill of lading.
19.2 When the loss or damage is not apparent, the same prima facie effect shall apply if notice in writing is not given three consecutive working days after the day when the Cargo was delivered to the Consignee in accordance with clause 13.
20. Delay & Consequential Loss
20.1 The Carrier does not agree to deliver the Cargo within a certain time. Therefore, the Carrier shall not be liable for any loss, damage, or expense for delay, however arising.
20.2 The Carrier shall not be liable for any loss of profits, or for any consequential loss, however arising.
21. Partial Invalidity
If any clause or part thereof is held to be invalid, the validity of this bill of lading and the remaining clauses of a part thereof shall not be affected.
22. Jurisdiction and Applicable law
22.1 This bill of lading, shall be construed and interpreted in accordance with the laws of the United Kingdom and in the jurisdiction of the English Courts. Actions against the Carrier may only be instituted in the United Kingdom in accordance with English Law.
22.2 For shipments to or from the USA, disputes shall be subject to the exclusive jurisdiction of the United States Federal Court of the Southern District of New York.
22.3 In any event, for claims by the Carrier arising out of or in connection with the contract of carriage, the Carrier may at its sole option commence proceedings in the courts of the country of load loading or discharge or in the country where the Merchant is incorporated or has a place of business.