Negotiable Combined Transport Bill of Lading

Bimco Combicon Conditions

 

 

 

I.           GENERAL PROVISIONS

2.           Definitions

“Carrier” means the party on whose behalf this Sea Waybill has been signed.

“Merchant” includes the Shipper, the Receiver, the Consignor, the Consignee, the holder of this Sea Waybill and the owner of the goods.

“Den Hartogh” means Den Hartogh Global, Den Hartogh Liquid Logistics, Den Hartogh Gas Logistics or any other subsidiary of Den Hartogh Holding B.V.

 

3.           Carrier’s Tariff

The terms of the Carrier’s applicable Tariff at the date of shipment are incorporated herein.

Copies of the relevant provisions of the applicable Tariff are available from the Carrier upon request. In the case of inconsistency between this Sea Waybill and the applicable Tariff, this Sea Waybill shall prevail.

 

4.           Time Bar

All liability whatsoever of the Carrier shall cease unless suit is brought within 9 months after delivery of the goods or the date when the goods should have been delivered.

 

5.           Law and Jurisdiction

Any claim or dispute arising under this Sea Waybill shall be governed by Dutch law and determined by the District of Court of Rotterdam to the exclusion of the Courts of any other place.

II           PERFORMANCE OF THE CONTRACT

 

6.           Methods and Routes of Transportation

(1)   The Carrier is entitled to perform the transport and all services related thereto in any reasonable manner and by any reasonable means, methods and routes.

(2)   In accordance herewith, for instance, in the event of carriage by sea, vessels may sail with or without pilots, undergo repairs, adjust equipment, dry dock and tow vessels in all situations.

 

7.           Optional Stowage

(1)   Goods may be stowed by the Carrier by means of containers, trailers, transportable tanks, flats, pallets, or similar articles of transport used to consolidate goods.

(2)   Containers, trailers, transportable tanks and covered flats, whether stowed by the Carrier or received by him in a stowed condition from the Merchant, may be carried on or under deck without notice to the Merchant.

 

8.           Hindrances etc. affecting Performance

(1)   The Carrier shall use reasonable endeavours to complete the transport and to deliver the goods at the place designated for delivery.

(2)   If at any time the performance of the contract as evidenced by this Sea Waybill is or will be affected by any hindrance, risk, delay, difficulty or disadvantage of whatsoever kind, and if by virtue of sub-clause 8 (1) the Carrier has no duty to complete the performance of the contract, the Carrier (whether or not the transport is commenced) may elect to:

(a)      treat the performance of this Contract as terminated and place the goods at the Merchant’s disposal at any place which the Carrier shall deem safe and convenient; or

(b)      deliver the goods at the place designated for delivery.

(3)   If the goods are not taken delivery of by the Merchant within a reasonable time after the Carrier has called upon him to take delivery, the Carrier shall be at liberty to put the goods in safe custody on behalf of the Merchant at the latter’s risk and expense.

(4)   In any event the Carrier shall be entitled to full freight for goods received for transportation and additional compensation for extra costs resulting from the circumstances referred to above.

III         CARRIER’S LIABILITY

 

9.           Basic Liability

(1)   The Carrier shall be liable for loss or damage to the goods occurring between the time when he receives the goods into his charge and the time of delivery.

(2)   The Carrier shall be responsible for the acts and omissions of any person of whose services he makes use for the performance of the contract of carriage evidenced by this Sea Waybill.

(3)   The Carrier shall, however, be relieved of liability for any loss or damage if such loss or damage arose or resulted from:

(a)      The wrongful act or neglect of the Merchant.

(b)      Compliance with the instructions of the person entitled to give them.

(c)      The lack of, or defective conditions of packing in the case of goods which, by their nature are liable to wastage or to be damaged when not packed or when not properly packed.

(d)     Handling, loading, stowage or unloading of the goods by or on behalf of the Merchant.

(e)     Inherent vice of the goods.

(f)     Insufficiency or inadequacy of marks or numbers on the goods, covering, or unit loads.

(g)     Strikes or lock-outs or stoppages or restraints of labour from whatever cause whether partial or general.

(h)     Any cause or event which the Carrier could not avoid and the consequence whereof the could not prevent by the exercise of reasonable diligence.

(4)   Where under sub-clause 9 (3) the Carrier is not under any liability in respect of some of the factors causing the loss or damage, he shall only be liable to the extent that those factors for which he is liable under this Clause have contributed to the loss or damage.

(5)   The burden of proving that the loss or damage was due to one or more of the causes or events, specified in (a), (b) and (h) of sub-clause 9 (3) shall rest upon the Carrier.

(6)   When the Carrier establishes that in the circumstances of the case, the loss or damage could be attributed to one or more of the causes or events, specified in (c) to (g) of sub-clause 9 (3), it shall be presumed that it was so caused. The Merchant shall, however, be entitled to prove that the loss or damage was not, in fact, caused either wholly or partly by one or more of the causes or events.

 

10.         Amount of Compensation

(1)   When the Carrier is liable for compensation in respect of loss of or damage to the goods, such compensation shall be calculated by reference to the value of such goods at the place and time they are delivered to the Merchant in accordance with the contract or should have been so delivered.

(2)   The value of the goods shall be fixed according to the commodity exchange price or, if there be no such price, according to the current market price or, if there be no commodity exchange price or current market price, by reference to the normal value of goods of the same kind and quality.

(3)   Compensation shall not, however, exceed two Special Drawing Rights per kilogram of gross weight of the goods lost or damaged.

(4)   Higher compensation may be claimed only when, with the consent of the Carrier, the value for the goods declared by the Shipper which exceeds the limits laid down in this Clause has been stated on the face of this Sea Waybill at the place indicated. In that case the amount of the declared value shall be substituted for that limit.

 

11.         Special Provisions for Liability and Compensation

(1)   Notwithstanding anything provided for in Clauses 9 and 10 of this Sea Waybill, if it can be proved where the loss or damage occurred, the Carrier and the Merchant shall, as to the liability of the Carrier, be entitled to require such liability to be determined by the provisions contained in any international convention or national law, which provisions:

(a)     cannot be departed from by private contract, to the detriment of the claimant, and

(b)     would have applied if the Merchant had made a separate and direct contract with the Carrier in respect of the particular stage of transport where the loss or damage occurred and received as evidence thereof any particular document which must be issued if such international convention or national law shall apply.

(2)   Insofar as there is no mandatory law applying to carriage by sea by virtue of the provisions of sub-clauses 11(1), the liability of the Carrier in respect of any carriage by sea shall be determined by the International Brussels Convention 1924 as amended by the Protocol signed at Brussels on February 23rd 1968 - The Hague/Visby Rules. The Hague/Visby Rules shall also determine the liability of the Carrier in respect of carriage by inland waterways as if such carriage were carriage by sea. Furthermore, they shall apply to all goods, whether carried on deck or under deck.

 

 

12.         Delay, Consequential Loss, etc.

If the Carrier is held liable in respect of delay, consequential loss or damage other than loss of or damage to the goods, the liability of the Carrier shall be limited to the freight for the transport covered by this Sea Waybill, or to the value of the goods as determined in Clause 10, whichever is the lesser.

 

13.         Notice of Loss of or Damage to the Goods

(1)   Unless notice of loss of or damage to the goods, specifying the general nature of such loss or damage, is given in writing by the Merchant to the Carrier when the goods are handed over to the Merchant, such handing over is prima facie evidence of the Delivery by the Carrier of the goods described in this SeaWaybill.

(2)   Where the loss or damage is not apparent, the same prima facie effect shall apply if notice in writing is not given within three (3) consecutive days after the day when the goods were handed over to the Merchant.

 

14.         Defences and Limits for the Carrier, Servants, etc.

(1)   The defences and limits of liability provided for in this Sea Waybill shall apply in any action against the Carrier for loss or damage to the goods whether the action can be founded in contract or in tort.

(2)   The Carrier shall not be entitled to the benefit of the limitation of liability provided for in sub-clause 10 (3), if it is proved that the loss or damage resulted from a personal act or omission of the Carrier done with intent to cause such loss or damage or recklessly and with knowledge that damage would probably result.

(3)   The Merchant undertakes that no claim shall be made against any servant, agent or other persons whose services the Carrier had used in order to perform this Contract and if any claim should nevertheless be made, to indemnify the Carrier against all consequences thereof.

(4)   However, the provisions of this Sea Waybill apply whenever claims, relating to the performance of this Contract are made against any servant, agent or other person whose services the Carrier has used in order to perform this Contract, whether such claims are founded in contract or in tort. In entering into this Contract, the Carrier, to the extent of such provisions, does so not only on his own behalf but also as agent or trustee for such persons. The aggregate liability of the Carrier and such persons shall not exceed the limits in Clauses 10, 11 and 24, respectively.

 

 

PROVISIONS/NOTES/EXCEPTIONS:

 

Use of Sea Waybills instead of Bills of Lading (When Applicable)

 

In consideration of Den Hartogh issuing, at the Shipper’s request, Sea Waybill(s) instead of bill(s) of lading for the contract of carriage of the cargo, the Shipper hereby indemnifies Den Hartogh for all and any claims, losses, costs, expenses and liabilities of any nature that may arise in consequence of the use of a Sea way bill instead of a bill of lading. The Shipper further undertakes the necessary actions to ensure that the ultimate consignee of the cargo receives a legible copy of, and agrees to abide by, the terms, conditions, exceptions and limitations as stated in the Den Hartogh Sea Waybill.

 

Without limitation the indemnity shall include:

 

• The consignee refuses to abide by the terms and conditions contained in the Sea way bill;
• There is a claim for wrongful delivery against Den Hartogh even though Den Hartogh has delivered the cargo to the consignee named in the Sea way bill or to the consignee to whom the shipper, directly or by its agents or subcontractors, has directed the cargo should be delivered to; and
• The consignee refuses to pay any additional charges applicable to the carriage, on which the Shipper however has as agreed upon.

 

 

IV          DESCRIPTION OF GOODS

 

15.         Carrier’s Responsibility

The information in this Sea Waybill shall be prima facie evidence of the taking in charge by the Carrier of the goods as described by such information unless a contrary indication, such as “shipper’s weight, load and count”, “Shipper-packed container” or similar expressions, have been made in the printed text or superimposed on the Sea Waybill. Proof to the contrary shall not be admissible when the Sea Waybill has been transferred, or the equivalent electronic data interchange message has been transmitted to and acknowledged by the Consignee who in good faith has relied and acted thereon.

 

16.         Shipper’s Responsibility

The Shipper shall be deemed to have guaranteed to the Carrier the accuracy, at the time the goods were taken in charge by the Carrier, of the description of the goods, marks, number, quantity and weight, as furnished by him, and the Shipper shall defend, indemnify and hold harmless the Carrier against all loss, damage and expenses arising or resulting from inaccuracies in or inadequacy of such particulars. The right of the Carrier to such indemnity shall in no way limit his responsibility and liability under this Sea Waybill to any person other than the Shipper. The Shipper shall remain liable even if the Sea Waybill has been transferred by him.

 

17.         Shipper-packed Containers, etc.

(1)   If a container has not been filled, packed or stowed by the Carrier, the Carrier shall not be liable for any loss of or damage to its contents and the Merchant shall cover any loss or expense incurred by the Carrier, if such loss, damage or expence has been caused by;

(a)     negligent filling, packing or stowing of the container;

(b)     the contents being unsuitable for carriage in container; or

(c)     the unsuitability or defective condition of the container unless the container has been supplied by the Carrier and the unsuitability or defective condition would not have been apparent upon reasonable inspection at or prior to the time when the container was filled, packed or stowed.