[The language proposed to be deleted is [Proposed new language is italicized.] canceled.] 1. (a) The vessel shall have liberty 1. (a) The vessel shall have liberty to sail with or without pilots; the ocean to sail with or without pilots; the ocean [ carrier shall have liberty to convey carrier shall have liberty to convey goods in craft and/or lighters to and goods in craft and/or lighters to and from the vessel at the risk of the owners from the vessel at the risk of the owners of the goods; and, in case the vessel of the goods; and, in case the vessel shall put into a port of refuge, or be shall put into a port of refuge, or be prevented from any cause from pro- prevented from any cause from proceeding in the ordinary course of her ceeding in the ordinary course of her voyage, to trans-ship the goods to their voyage, to trans-ship the goods to their destination by any other vessel, dis- destination by any other vessel, dispatching notice thereof to the con- patching notice thereof to the consignee, signce, if named herein (at destination if named herein (at destination named), named), and otherwise to the shipper. and otherwise to the shipper. Neither The ocean carrier shall not be liable for the carrier nor the ship shall be liable for loss or damage occasioned by fire from loss or damage, arising or resulting from any enuse or wheresoever occurring; by unseaworthiness unless caused by want barratry of the master or erew; by of due diligence on the pari of he carrier enemies, pirates, or robbers; by arrest to make the ship seaworthy, and to secure or restraint of princes, rulers, or people, that the ship is properly manned, equipped riote, strikes, or stoppage of labor; by and supplied, and to make the holds, explosion, bursting of boilers, breakage refrigerating and cool chambers, and all of shafts, or any latent defeet in hull, other parts of the ship in which goods are machinery, or appurtenances, or unsea- carried, fit and safe for their reception, worthiness of the vessel, whether exist carriage, and preservation before and at ing at the time of shipment, or at the the beginning of the voyage. Whenever beginning of the voyage, provided the loss or damage has resulted from unseaowners have exercised due diligence to worthiness, the burden of proving the make the vessel seaworthy; by fumiga- exercise of due diligence shall be on the tion under Governmental orders; by carrier or other persons claiming exempheating, frost, decay, putrefaction, rust, tion under this section. Neither the sweat, change of character, drainage, carrier nor the ship shall be responsible leakage, breakage, vermin, or by exple- for loss or damage arising or resulting sion of any of the goods whether shipped from the act, neglect or default of the with or without disclosure of their master, mariner, pilot, or the servants of nature; or any loss or damage arising the carrier in the navigation or in the from the nature of the goods or the insu- management of the ship; fire, unless fficiency of packages; nor for inland caused by the actual fault or privity of the damage; nor for the obliteration, errors, carrier; perils, dangers and accidents of insufficiency or absence of marks, numbere, address, or description; nor for risk of eraft, hulk or trans-shipment; 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. the sea or other navigable waters; act of God; act of war; act of public enemies; arrest or restraint of princes, rulers, or people, or seizure under legal process; quarantine restrictions; act or omission of the shipper or owner of the goods, his agent or representative; strikes or lockouts or stoppage or restraint of labor from whatever cause, whether partial or general (provided, that nothing herein contained shall be construed to relieve a carrier from Present Proposed [The language proposed to be deleted is [Proposed new language is italicized.] canceled.] 2. This shipment until delivery at the port (B) second above mentioned is responsibility for the carriers own acts); riots and civil commotions; saving or attempting to save life or property at sea; wastage in bulk or weight or any other loss or damage arising from inherent defect, quality, or vice of the goods, insufficiency of packing; insufficiency or inadequacy of marks; latent defects not discoverable by due diligence; and any other cause arising without the actual fault and privity of the carrier and without the fault and neglect of the agents or servants of the carrier, but the burden of proof shall be upon the person claiming the benefit of this exception to show that neither the actual fault or privity of the carrier nor the fault or neglect of the agents or servants of the carrier contributed to the loss or damage. Neither the carrier nor the ship shall be liable for any loss or damage resulting from deviation in saving or attempting to save life or property at sea, or any reasonable deviation; Provided, however, that if the deviation is for the purpose of loading or unloading cargo or passengers, it shall be regarded prima facie as unreasonable. The ocean carrier shall not be concluded as to correctness of statements herein of quality, quantity, gauge, contents, weight, order, condition, and value, but this bill of lading shall be prima facie evidence of the leading marks, number of packages, or pieces, or the quantity or weight, as the case may be, as furnished in writing by the shipper, and the apparent order and condition of the property described herein. The shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks, number, quantity, and weight, as furnished by him; and the shipper shall indemnify the carrier against all loss, damages, and expenses arising or resulting from inaccuracies in such particulars. The right of the carrier to such indemnity shall in no way limit his responsibility and liability under the contract of carriage to any person other than the shipper. port (B), second above mentioned, is sub2. This shipment, until delivery at the [The language proposed to be deleted is [Proposed new language is italicized.] canceled.] subject to all the terms and provisions ject to all of the terms and provisions of, of, and all the exemptions from liability and all of the exemptions from liability contained in, the Act of Congress of the contained in, the Act of Congress entitled, United States, approved on the 13th "An Act relating to the carriage of goods day of February, 1893, and entitled, by sea," approved April 16, 1936. To "An Act relating to the navigation of the extent not modified by said Carriage vessels, etc." This shipment is subject of Goods by Sea Act this shipment, until to the provisions of Sections 4281-4286, delivery at the port (B), second above inclusive, of the Revised Statutes of the mentioned, is subject to all the terms United States. and provisions of, and all of 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." Likewise to the extent not modifled by said Carriage of Goods by Sea Act this shipment is subject to the provisions of Sections 4281-4289, inclusive, of the Revised Statutes of the United States. The carrier shall not be liable for gold or other precious metals, precious stones, bills, notes, or securities, documents, pictures, glass, china, silk, furs, laces or any of the articles enumerated in Section 4281 of the United States Revised Statutes, except in accordance with such Statute, and unless written notice of the character and value thereof at the time of loading has been given and entry thereof made on the bill of lading. 3. (a) The value of each package shipped hereunder does not exceed twe hundred and fifty dollars 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. 3. (a) Neither the carrier nor the ship shall in any event be, or become liable for, ony loss or damage to, or in connection with, the transportation of goods covered by this bill of lading in an amount exceeding $500 per package lawful money of the United States of America or in case of goods not shipped in packages, per customary freight unit or the equivalent of that sum in other currency, unless the nature and value of such goods have been declared by the shipper before shipment and inserted in this bill of lading. This declaration, if embodied in this bill of lading, shall be prime facie evidence but shall not be conclusive on the carrier. By agreement between the carrier, master, or agent of the carrier, and the shipper, another maximum than that men [The language proposed to be deleted is [Proposed new language is italicized.] canceled.] tioned in this paragraph may be fixed; provided that such maximum shall not be less than the figure above named. In no event shall the carrier be liable for more than the amount of damage actually sustained. Neither the carrier nor the ship shall be responsible in any event for loss or damage to, or in connection with the transportation of the goods covered by this bill of lading, if the nature or value thereof has been knowingly and fraudulently misstated by the shipper in this bill of lading. (b) Notice of loss, damage, or delay (b) Unless notice of loss or damage and must be given in writing to the earrier the general nature of such loss or damage receiving the goods for transportation be given in writing to the carrier or his between Port A and Port B within 30 agent at the port of discharge, before or at days after the removal of the goods from the time of the removal of the goods, into the custody of such carrier, or, in ease of the custody of the person entitled to receive failure to make delivery, within 30 days delivery thereof hereunder, such removal after the goods should have been deliv- shall be prima facie evidence of the delivery ered, provided, that if such loss or dam- by the carrier of the goods as described age is apparent at the time of the herein. If the loss or damage is not removal of the goods from the eustody apparent, the notice must be given within of the earrier, the notice of loss, damage, thirty days of the delivery. Said notice or delay must be given before the goods of loss or damage may be endorsed upon are so removed, in which ease notation the receipt for the goods given by the person of the loss or damage made on the receipt taking delivery thereof, hereunder. Notice given to the earrier for the goods shall in writing need not be given if the state of constitute the notice herein required. the goods has at the time of their receipt Written elaim must be filed with such been the subject of joint survey or inspec earrier within nine months after giving the aforesaid written notice. Unless such notice is given and elaim filed as above provided, the earrier 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 less, 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. tion. In any event the carrier and the ship shall be discharged from all liability in respect of loss or damage, unless suit is brought within one year after delivery of the goods or the date when the goods should have been delivered; Provided, that if a notice of loss or damage, either apparent or concealed, is not given as provided above, that fact shall not affect or prejudice the right of the shipper to bring suit within one year after delivery of the goods or the date when the goods should have been delivered. (c) [No change.] [The language proposed to be deleted is [Proposed new language is italicized.] canceled.] 4. Shippers shall be liable for any loss or damage to vessel or cargo, caused 4. Shippers shall be liable for any loss or damage to vessel or cargo caused by inflammable, explosive, or dangerous 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. 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. Such goods, even though shipped with the knowledge and consent of the carrier, master or agent of the carrier, may be landed, thrown overboard or destroyed by the carrier if they shall become a danger to the ship or cargo, and, in such event, there shall be no liability on the part of the carrier except to general average, if any. APPENDIX B Changes in export bill of lading suggested by trans-Atlantic freight conferences 1 (b) General average shall be adjusted and payable according to the provisions therefor contained in the regular form of port bill of lading of in use by the ocean carrier receiving the goods hereunder on the date of issuance of this document and then on file with the Commission. In the event of accident, danger, damage, or disaster, before or after commencement of the voyage resulting from any cause whatsoever, whether due to negligence or not, for which, or for the consequence of which, the carrier is not responsible, by statute, contract, or otherwise, the goods, shippers, consignees, or owners, of the goods 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 such salving ship or ships belonged to strangers. 14. The property and carriage of the same covered by this bill of lading is are subject to all the provisions of the Carriage of Goods by Sea Aet, 1936, and also to all the terms, liberties, conditions and exceptions expressed in the regular form of port bill of lading in use by the Steamship Company on the date of issuance of this document and then on file, in accordance with the rules and regulations of United States Maritime Commission and/or Interstate Commerce Commission, with the Commission in so far as they are not in conflict with this bill of lading; but if any of the terms, conditions and exceptions of such bill of lading or this bill of lading, are repugnant to said the Carriage of Goods by Sea Act 1936 to any extent they shall be void to such extent (but no further) and shall be superseded to such extent by the appropriate terms, conditions and exceptions of said Act. This bill of lading shall have effect subject to the provisions of said Act. Nothing herein contained shall be deemed to be a surrender by the carrier of any of its rights or immunities or to be an increase of any of its responsibilities or liabilities under said Act, except as specifically stated in this bill of lading. |