1、1、DEFINIYION W herever the term Shipper” occurs hereinafter.lt shall be deemed to in clude also Receiver, Con sig nee. Holder of this Bill of Ladi ng and Owner of the goods.2、JURISDICTION All disputes arisi ng un der and in conn ection with this Bill of Lad ing shall be determ ined by the court in t
2、he Peop Republic of China.3、DEMISE CLAUSE If the ship is not owned by or chartered by demise to the corporati on by whom this Bill of Ladi ng is issued (as may be the case no twithsta nding anything that appears to the con trary) this Bill of Lad ing shall take effect only as a con tract with the Ow
3、ner or demise charterer as the case may be as prin cipal made through the age ncy of the said corporatio n who act as age nts only and shall be un der no pers on al liability whatsoever in respect thereof4、HAGUE RULES This Bill of Lading shall have effect in respect of Carrier liabilities, resp on s
4、ibilles, rights and immun ities subject to the Hague Rules contained in the Intern ati onal Conven ti on for the Un ificati on of Certai n Rules Relat ing to Bills of Lad ing 1924.5、PACKING AND MARKS The Shipper shall have the goods properly packed addurately and clearly marked befpre shipme nt. The
5、 port of dest in atio n of the goods should be marked in letters of 5 cm high, in such a way as will rema in legible un til their delivery.6、OPTIONAL STOWAGE (1)The goods may be stowed by the Carrier in containers or similar articles of tran sport used to con solidate goods (2)Goods stowed in contai
6、ners other tha n flats, pallets, trailets, tran sportable tanks or similar articles of tran sport whether by the Carrier or the Shipper, may be carried on or un der deck without no tice to the Shipper. Such goods whether carried on or un der deck shall participate in gen eral average.7、DECK CARGO. P
7、LANTS AND LIVE ANIMALS Cargo on deck, plants and live ani mal are received, han dled, carried, kept and discharged at Shipperor Receiversrisk and the Carrier shall not be liable for loss thereof or damage thereto.8、FREIGHT (l)Freight and charges shall be deemed earned on receipt of the goods by the
8、Carrier and shall be paid by the Shipper and non-retur nable and non-deductable in any eve nt. Freight payable at dest in ati on together with other charges is due on arrival of the goods at the place of dest in ati on and shall be paid before delivery of the goods. (2)For the purpose of verifying t
9、he freight basis, the Carrier reserves the right to have the goods and the contents of contain ers, trailers or similar articles of tran sport in spected in order to ascerta in the weight, measureme nt, value or n ature of the goods. In case the particulars of the goods furni shed by the Shipper are
10、 in correct, the Shipper shall be liable and bound to pay to the Carrier a sum either five times the differe nee betwee n the correct freight and the freight charged or to double the correct less the freight charged, whichever sum is the smaller, as liquidated damages to the Carrier.9、LIEN The Carri
11、er shall have a lien on the goods and any documents relating thereto for all sums payable to the Carrier un der this Bill of Lad ing and for gen eral average con tributi ons to whomsoever due and for the cost of recoveri ng the same, and for that purpose shall have the right to sell the goods by pub
12、lic auct ion or private treaty without no tice to the Shipper. If on sale of the goods, the proceeds fail to cover the amount due and the cost in curred, the Carrier shall be en titled to recover the deficit from the Shipper.10、TIME BAR , NOTICE OF LOSS In any eve nt the Carrier shall be discharged
13、from all liabilities un der this Bill of Lad ing uni ess suit is brought with in one year after the delivery of the goods or the date whe n the goods should have bee n delivered. Uni ess no tice of loss of or damage to the goods and the gen eral n ature of it be give n in writ ing to the Carrier at
14、the place of delivery before or at the time of the removal of the goods into the custody of the pers on en titled to delivery thereof un der this Bill of Lad ing, or, if the loss or damage such removal shall be prima facie evide nee of the delivery by the Carrier of the goods as described in this Bi
15、ll of Lading. In the caseof any actual or apprehe nded loss or damage the Carrier and the Shipper shall give all reas on able facilities to each other for in spect ing and tally ing the goods.11、THE AMOUNT OF COMPENSATION(1)When the Carrier is liable forcompe nsati on in respect of loss of or damage
16、 to the goods,such compe nsati on shall be calculated by refere nee to the inv oice value of the goods plus freight and in sura nee premium of paid.(2)Notwithsta ndi ng clause 4 of this Bill of Lad ing the limitatio nof liability un der the Hague Rules shall be deemed to be RMB 700 per package or un
17、 it. (3)Higher compe nsatio n may be claimed only whe n, with the consent of the Carrier, the value for the goods declared by the Shipper which exceeds the limits laid dow n in this clause has bee n stated in this Bill of Lad ing and extra freight has bee n paid as required. In that case the amount
18、of the declared value shall be substituted for that limit. Any partial loss or damage shall be adjusted pro rata on the basis of such declared value.12、LOADING , DISCHARGING AND DELIVERY T he goods shall be supplied and take n delivery of by the owner of the goods as fast as the ship can take and di
19、scharge them, without in terruptio n, by day and ni ght. Sun days and Holidaysin cluded, no twithsta nding any custom of the port to the con trary and the owner of the goods shall be liable for all losses or damages in curred in default thereof. Discharge may comme nee without previous no tice. If t
20、he goods are not take n delivery of by the Receiver in due time from alon gside the vessel, or if the Receiver refuses to take delivery of the goods, or in case there are un claimed goods, the Carrier shall be at liberty to land such goods on shore or any other proper places at the sole risk and exp
21、e nse of the Shipper or Receiver, and the Carri resp on sibility of delivery of goods shall be deemed to have bee n fulfilled. If the goods are un claimed duri ng a reas on able time, or wherever the goods will become deteriorated, decayed or worthless, the Carrier may, at his discreti on and subjec
22、t to his lie n and without any resp on sibility attachi ng to him, sell, aba ndon or otherwise dispose of such goods solely at the risk and expe nse of the Shipper.13、LIGHTERAGE Any lighterage in or off ports of loading or ports of discharge shall be for the acco unt of the Shipper or Receiver.14、FO
23、RWARDING , SUBSTITUTE OF VESSEL , THROUGH CARGO AND TRANSHIPMENT If necessary, the Carrier may carry the goods to their port of desti nati on by other pers ons or by rail or other means of tran sport proceedi ng either directly or in directly to such port, and to carry the goods or part of them bey
24、ond their port of desti nati on, and to tran sship and forward same at Carri expe nse but at Shippers or Receiversrisk. The resp on sibility of the Carrier shall be limited to the part of the tran sport performed by him on the vessel un der his man agem int.15、 DANGEROUS GOODS , CONTRABANDThe Shippe
25、r undertakes not to ten der for tran sortati on any goods which are of a dan gerous, in flammable, radio-active,a nd/or any harmful mature without previously giving writte n no tece of their n ature to the Carrier and marking the goods and the container or other coveri ng on the outside as required
26、by any laws or regulati ons which may be applicable duri ng the carriage. (2)Whenever the goods are discovered to have been shipped without compl ying with the subclause(1)above or the goods are found to be con traba nd or prohibited by any laws or regulati ons of the port of loadi ng, discharge or
27、call or any place or waters duri ng the carriage, the Carrier shall be en titled to have such goods ren dered inno cuous, throw n overboard or discharged or otherwise disposed of at the carrier sdiscreti on without compe nsati on and the Shipper shall be liable for and indemnify the Carrier aga inst
28、 any kind of loss, damage or liability in clud ing loss of freight, and any expe nses directly or in directly aris ing out of or result ing from such shipme nt. (3)If any goods shipped compl ying with the subclause (1)above become a dan ger to the ship or cargo, they may in like manner be ren dered
29、inno cuous,throw n overboard or discharged or otherwise disposed of at the Carri discreti on without compe nsati on except to gen eral average, of any.16、REFRIGERATED CARGO (1)The Shipper undertakes not to tender for tran sportati on any goods which require refrigerati on without previously givi ng
30、writte n no tice of their n ature and particular temperayure range to be maintain ed. If the above requireme nts are not complied with, the Carrier shall not be liable for any loss of or damage to the goods howsoever aris ing (2)Before load ing goods in any in sulated space, the Carrier shall, in ad
31、diti on to the Class Certificate, obtai n the certificate of the Classificati on SocietySurveyor or other compete nt pers on, stati ng that suchin sulated space veyor or other compete nt pers on fit and safe for the carriage and preservati on of refrigerated goods. The aforesaid certificate shall be
32、 con elusive evide nee aga inst the Shipper, Receiver an d/or any Holder of Bill of Lad ing. (3)Receivers have to take delivery of refrigerated goods as soon as the ship is ready to deliver, otherwise the Carrier shall la nd the goods at the wharf at Receiv or Shippers risk and expe nse.17、 TIMBERAn
33、y statement in this Bill of Lading to the effect that timber has been shipped in apparent good order and condition does not invoIve any admission bythe Carrier as to the abse nee of sta ins, shakes, splits, holes or broke n pieces, for which the Carrier accepts no resp on sibility.18、BULK CARGO As t
34、he Carrier has no reaso nable mea ns of checki ng the weight of bulk cargo, any refere nee to such weight in this Bill of Ladi ng shall be deemed tobe for refere nee only, but shall con stitute in no way evide nee aga inst the Carrier.19、 COTTONDescription of the apparent eondition of cotton or cott
35、on products does not relate to the in sufficie ncy of or torn eon diti on of the coveri ng, nor to any damage result ing therefrom, and Carrier shall not be resp on sible for damage of such nature.20、OPTIONAL CARGE The port of discharge for optional cargo must be declared to the vessesage nts at the
36、 first of the opti onal ports not late tha n 48 hours before the vesselsarrival there. In the abse nee of such declarati on the Carrier may elect to discharge at the eon tract of carriage shall the n be eon sidered as hav ing bee n fulfilled, Any opti on must be for the total qua ntity of goods un d
37、er this Bill of Ladi ng.21、GOODS TO MORE THAN ONE CONSIGNEE Where bulk goods or goods without marks or goods with the same marks are shipped to more tha n one Con sig nee, the Con sig nees or Owners of the goods shall join tly and severally bear any expe nse or loss in dividi ng the goods or parcels
38、 into pro rata qua ntities and any deficie ncy shall fall upon them in such proporti on as the Carriers, his serva nts or age nts shall decide.22、HEAVY LIFTS AND OVER LENGTH CARGOAnyone piece orpackage of cargo which exceedi ng 2000 kilos or 9 meters must be declared by the Shipper in writi ng befor
39、e receipt by the Carrier an d/or len gth Clearly and durably on the outside of the piece or package in letters and figures no t less tha n 2 in ches high by the Shipper. In case of the Shippes failure in his obligations aforesaid, the Shipper shall be liable for loss of or damage to any property or
40、for pers onal injury aris ing as a result of the Shippersaid failure and shall indemnify the Carrier aga inst any ki nd of loss or liability suffered or in curred by the Carrier as a result of such failure.23、SHIPPER-PACKED CONTAINERS.ETC.(1)lf a con tai ner has not bee nfilled, packed or stowed by
41、the Carrier, the Carrier shall not be liable for any loss of or damage to its contents and the Shipper shall cover any loss or expe nse in curred by the Carrier, of such loss, damage or expe nse has bee n cause byeglige nt filli ng,pack ing or stow ing of the container; orthe contents being un suita
42、ble for carriage in container; or the un suitability or defective con diti on of the container uni ess the container has bee n supplied by the Carrier and the un suitability or defective con diti on would not have bee n appare nt upon reas on able in spect ion at or prior to the time whe n the conta
43、iner was filled, packed or stowed. (2)The provisi ons of the sub-clause (1) above also apply with respect to trailers, tran sportable tan ks, flats and pallets which have not bee n filled, packed or stowed by the Carrier.24、WAR, QUARANTINE , ICE , STRIKES , CONGESTION , ETC.Should it appear that war
44、 blockade, pirate, epidemics, quara ntin e, ice, strikes, con gesti on and other causes bey ond the Carrier con trol would preve nt the vessel from safely reach ing the port of dest in ati on and dischargi ng the goods thereat, the Carrier is en titled to discharge the goods at the port and the con
45、 tract of carriage shall be deemed to have bee n fulfilled. Any extra expe nses in curred un der the aforesaid circumsta nces shall be borne by the Shipper or Receiver.25、 GENERAL AVERAGEGeneral average shall be adjusted in Beijing in accorda nee with the Beiji ng Adjustme nt Rules 1975.26、BOTH TO B
46、LAME COLLISION If the carrying ship comes into collision with ano ther ship as a result of the n eglige nee of the other ship and any act, n eglect or default in the n avigatio n or the man ageme nt of the carry ing ship, the Shipperun dertakes to pay the Carrier, or, where the Carrier is not the Ow
47、ner and in possessi on of the carry ing ship, to pay to the Carrier as trustee for the Owner an d/or demise charterer of the carry ing ship, a sum sufficie nt to indemnify the Carrier an d/or theOwner an d/or demise charterer of the carry ing ship aga inst all loss or liability to the other or non-c
48、arry ing ship or her Owners in sofar as such loss or liability represe nts loss of or damage to his goods or any claim whatsoever of the Shipper, paid or payable by the other or non-carry ing ship or her Owners to the Shipper and set-off, recouped or recovered by the other or non-carry ing ship or h
49、er Owners as part of their claim aga inst the carry ing ship or her Owner or demise charterer or the Carrier. The forego ing provisi ons shall also apply where the Own ers, operati ons, or those in charge of any ship or ships or objects, other tha n, or in additi on to, the collidi ng ships or objects, are at fault in respect to a collisi on, con tact, stra nding or other accide nt.27、U.S.A. CLAUSENotwithstanding any other term hereof the Carriage of Goodsby Sea Act 193
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