For containers transported by inland waterway in the United States, the merchant must properly load, block and support the goods in accordance with the Association of American Railroad (“AAR”) Intermodal Loading Guide for Products in Trailers and Closed Containers, and notify and require all parties involved in loading the goods into the containers to comply with these requirements. The AAR intermodal loading guide can be obtained from the freight forwarder or the AAR (www.aar.org). If requested by cogSA of the United States, the merchant shall bear, in respect of the goods carried on deck and indicated on the front that they are transported in such a way that live animals, birds, reptiles, fish, crustaceans and plants, all risks, losses or damage resulting from such transport associated with or associated with such transport, and in any other respect, notwithstanding Article 1(c) of the provisions of the US COGSA, the Carrier shall benefit from the provisions of the US COGSA. Neither clause 3.2(a), (b), the Hamburg Rules nor the Visby Modifications apply to carriage to or from the United States. The carrier is entitled to the benefits of U.S. COGSA objections and restrictions, whether or not the loss or damage to the goods occurs at sea. (b) suspend the carriage of the Goods and store them on land or by water in accordance with the terms of this Law and endeavour to transmit them as soon as possible, but the Carrier makes no declaration as to the maximum period of suspension (if the Carrier chooses to invoke the terms of this clause 18.1 (b)); then it is entitled to additional freight and/or storage costs and/or attorneys` fees and expenses that the carrier may determine); or If the Hague Rules have not entered into force in the country of dispatch or in the country of destination, the provisions of this Convention shall apply. (a) the Goods at the designated place of delivery are customary by an alternative route to the Goods specified in this invoice or for the Goods shipped to that Place of Delivery (if the carrier chooses to invoke the terms of this clause 18.1(a), then notwithstanding the provisions of clause 17, it shall be entitled to charge for the additional freight; that the carrier may determine); or (b) warrants that any bill of lading or other document that records the contracts of carriage it has issued in connection with the Goods will effectively include and bind its counterparties under this Law, including the legal and jurisdictional clause, and undertakes to defend, indemnify and hold harmless the carrier, its servants, agents and subcontractors against all the consequences of its failure. 2.1 The terms and conditions provided for in this Bill apply to all actions brought by or against the Carrier with respect to loss or damage of any kind (and without limiting the generality of the foregoing, including delay, delay in delivery and/or delivery without waiver of this Law), whether the action is based on a contract, a deposit or a tort. OF the Carrier in obvious condition and good condition (unless otherwise specified herein) is the total number or quantity of containers or other packages or units indicated in the “Carrier Receipt” box that are carried from the port of receipt or loading to the place of unloading or delivery, subject to all the conditions of this Contract; where applicable. Delivery of the Goods to the Carrier for carriage under this Contract constitutes Merchant`s Acceptance (as defined below) of all terms and conditions, whether printed, stamped or otherwise on this page and on the back of this Bill of Lading and the carrier`s applicable tariff terms (as defined below) (i) all terms and conditions, whether printed, stamped or otherwise incorporated on this page and on the back of this bill of lading and the terms of the carrier`s applicable tariffs, as if they had all been signed by the Merchant, and (ii) that all prior declarations and/or agreements for or in connection with the carriage of the Goods will be replaced by such office. In the case of a negotiable bill of lading (payable), a duly endorsed original waybill must be given by the merchant to the carrier (with the freight in arrears) in exchange for the goods or a delivery note or PIN codes of an applicable electronic release system. If it is a non-exchangeable bill of lading (par) or if it was issued in the form of a sea waybill, the carrier must deliver the goods or issue a delivery note or PIN codes to the designated consignee for an applicable electronic release system (after payment of unpaid freight) against delivery of an original waybill or, in the case of a sea waybill, upon presentation of appropriate proof of identity required by the carrier or in accordance with national law at the port of unloading or at the place of delivery.
IN WITNESS WHEREOF, the Carrier or its representative has signed the number of bills of lading indicated above, all such conditions and date deadlines shall be deemed to have been issued, and if an original waybill has been issued, all other bills of lading shall be invalid. 5.1 The Carrier has the right to subcontract all or part of the carriage to subcontractors under any conditions, including the freedom to subcontract further. 27.1 Notwithstanding the provisions of this clause 25, where remedies are brought before the courts of a State Party to the 1978 United Nations Convention on the Carriage of Goods (the Hamburg Rules) or before the courts of a State whose national law renders the Hamburg Rules effective, and where those courts declare that the Hamburg Rules or such national legislation are mandatory for this Bill, then this bill shall enter into force only in those circumstances, subject to the Hamburg rules or national legislation, and any provision of this Act which deviates from it to the detriment of the trader is void in this respect, but not further. (j) Cargo carried under conditions of entry and/or exit without an appointment must be loaded, stowed, trimmed, counted, stowed and secured and/or consolidated and relieved at the expense of the Merchant, who is liable to the Carrier for the acts, omissions or negligence of the Stevedoring, the Cargo Handler or any other party designated by the Merchant. 10. Freight, fees, costs, expenses, duties, taxes and fines. 2.3 The terms of this Act govern the relationship between the carrier and the concessionaire with respect to carriage, whether or not a bill of lading is issued. The terms and conditions of the Carrier`s applicable fares (“Fare”) are included herein. The Dealer is informed of Article 6 of this Agreement.
Copies of the relevant provisions of the fare(s) are available on request from the Carrier. In the event of any conflict between this Bill and any applicable tariff, this Bill shall prevail. 4.5 The Merchant accepts and acknowledges that the Carrier has no knowledge of the value of the Goods and that compensation higher than that provided for in this invoice can only be claimed if the Merchant, with the consent of the Carrier, (i) for multimodal shipments to or from the United States where U.S. domestic carriage is performed, decides to avoid any limitation of liability provided for herein by paying in advance for the additional freight and opting for full liability by ensuring compliance with the conditions of the carrier`s tariff(s); and (ii) in all other cases, the Shipper must indicate the value of the Goods and request the Carrier to enter the declared value of the Goods in the “Declared Value” field on the back of that invoice for which merchant has paid additional freight.