Terms – Bill of Lading
RECEIVED for shipment, in apparent good order and condition, unless otherwise noted herein, the number of containers or other package or pieces shown in the “Carrier’s Receipt” and said by the Shipper to hold the goods described in the “Particulars Furnished by Shipper.” The Carrier shall have the right at its sole discretion to use feederships, ferries, lighters, trucks, trains or planes, in addition to the Ocean Vessel or its substitute, to accomplish said carriage. If the goods are shipped from or are consigned to a port or place not directly served by Carrier’s own vessel, or in case of a through shipment or transshipment. The Carrier will, acting only as the Shipper’s AGENT, arrange for transportation of the shipment by other carriers from the place of shipment to the port of loading on Carrier’s vessel and from the port of discharge from Carrier’s vessel to ultimate destination, and during such segments of transportation of carriage, handling or storage of the goods shall be subject to the freight contracts and tariffs of such other carriers. However, this Carrier guarantees the performance of the obligation of such previous carriers or on carriers under their freight documents. The liability of this Carrier as a carrier shall commence when the shipment is received into its exclusive custody and shall terminate when the goods are ready for delivery to consignee or on-carrier, and the Carrier shall not be liable for damage or losses not occurring on its own segment of the overall carriage. The Carrier shall hold for the benefit of the owner of the goods all bill of lading, freight documents or receipts issued by other carriers of bailees. The receipt, bailment, carriage, delivery and trans-shipment of the goods are subject to all the terms, conditions and limitations of this bill of lading and of the Carrier’s regularly filed Freight Tariffs and Regulations, which are deemed incorporated herein as if set forth at length, and shall govern the relations, whatsoever they may be, between the Shipper, Consignee or holder and the Carrier, Master, ocean vessel, feedership, ferry, lighter or any other means of transport owned or operated by the Carrier and whether the carrier be acting as carrier or bailee.
- This bill of lading shall have effect subject to the provisions of the Carriage of Goods By Sea Act of the United States of America, approved April 16, 1935, which shall be deemed to the incorporated herein, and nothing herein contained shall be deemed a surrender by the Carrier of any of its rights or immunities or limitations or an increase of its responsibilities or liabilities under said Act. The provisions stated in said Act (except as otherwise specifically provided herein) shall govern before the shipment is loaded on and after it is discharged from the vessel and throughout the entire time the goods are in the exclusive custody of the Carrier until made ready for delivery. If this bill of lading is issued or delivered in a locality where there is in force a compulsory applicable Carriage of Goods by Sea Act Ordinance or Stature of a nature similar to the International Convention for the Unification of Certain Rules Relating to Bill of Lading dated at Brussels August 25, 1924, it is subject to the provisions stated in such Act, Ordinance or Statute and rules thereto annexed which maybe in effect where this bill of lading is issued.
a) The Carrier shall be entitled to the full benefit of, and right to, all limitations of, or exemption from liability authorized by any provisions of Sections 4281 to 4288 inclusive of the Reylsed Status of the United States and amendments thereto and of any other provisions of the law of the United States or of any other country whose laws shall apply. The terms of this bill of lading constitute the contract of carriage, which is between the Shipper, Consignee and owner of the goods, and the owner of demise charterer of the vessel designated to carry the shipment. It is understood and agreed that other than the said shipowner or demise charterer, no person, firm or corporation or other legal entity whatsoever (including the Master, officers and crew of the vessel, all agents, employees, representative, and all terminal operator, stevedores, watchmen and other independent contractors whatsoever) is, or shall be deemed to be liable with respect to the goods as carrier, bailee or otherwise howsoever, in contract or in tort. If however, it shall be adjudged that any other than said shipowner of demise charterer is carrier or bailee of the goods or under any responsibility with respect thereto, all limitations of and exonerations from liability provided by law or by the terms hereof shall be available to such other, in contracting for the foregoing exemptions, limitations and exonerations from liability, the carrier is acting as agent and trust for the other above mentioned.
- In this bill of lading the word “vessel” shall include the vessel to be used for ocean crossing, named on the face hereof or any substitute ocean vessel actually used, also any feedership, ferry, lighter, or any other watercraft used by the Carrier in the performance in this contract, the word “Carrier”, with capital “C”, shall include the Carrier named on the front side hereof, the vessel, her owner, demise charterer, if bound hereby, the time charterer, and any substituted ocean carrier, whether the owner or charterer shall be acting as carrier or bailee, the word “Shipper” shall include the party for whose account the goods are shipped as well as the party named as such in this bill of lading, the word “Consignee” shall include the holder of this bill of lading, properly endorsed and the receiver and/or the goods, the word “charges” shall include freight and all expenses and money obligations incurred and payable by the owner of the goods, Shipper, Consignee or any of them, the words “risk and expense of the goods” shall mean also at the risk and expense of the Shipper, Consignee, holder or owner, the word “goods” shall include the contents of the container(s), the words “Government” and “Authorities” shall each include the United Nations or any similar international organizations and also persons purporting to exercise control of governmental nature, “On Board” shall mean on board any means of transport used by the Carrier to accomplish the carriage covered by the bill of lading, “Port of Loading” shall mean the place where the transport begins and “Port of Discharge” shall mean the place where the goods are to be delivered to consignee or on-carrier.
- The scope of the sea voyage herein contracted for shall include usual or customary ports of call whether named in this contract or not, also ports in or out of the advertised, geographical, usual route or order, even through in proceeding thereto the vessel may sail beyond the port of discharge named herein or in a direction contrary there to, or return to the original port, or depart from the direct or customary route and includes all canals, straits, and other waters. The vessel may call at any port for the purpose of the current voyage, or of a prior or subsequent voyage. The vessel may omit calling at any port whether scheduled or not, and may call at the same port more than once, may discharge the goods the first or subsequent call at the port of discharge, may for matters occurring before or after loading, and either with or without the goods on board, and before or after proceeding towards the port of discharge, adjust compasses, drydock with or without cargo on board, stop for repairs, shift berths, make trial trips or tests, take fuel or stores, remain in port, lie on bottom, aground or at anchor, sail with or without pilots, tow and be towed, and save or attempt to save life or property, and all of the foregoing are included in the contract voyage. The vessel may carry contraband, explosive, munitions, war-like store, hazardous cargo, and sail armed or unarmed and with or without convoy. The Carrier’s sailing schedules are subject to change without notice, both as to sailing date and date of arrival. If this is a Through Bill of Lading, no carrier is bound to transport the shipment by any particular train, truck, aircraft or vessel, or in time for any particular market or otherwise than with reasonable dispatch; no carrier shall be liable for delay and any carrier shall have the right to forward the goods by substitute carrier.
- In any situation whatsoever and whatsoever occurring and whether existing or anticipated before commencement of or during the voyage, which in the judgement of the Carrier or the Master is likely to give rise to risk of capture, seizure, detention, damage, delay or disadvantage to or loss of the vessel or any part of her cargo, to make it unsafe, imprudent or unlawful for any reason to receive, keep or load the goods, or commence or proceed on or continue the voyage, or to enter or discharge the goods or disembark passengers at the port of discharge, or the usual or agreed or intended place of discharge in such port, or to give rise to delay or difficulty in proceeding by the usual or intended route, the Carrier or the Master may decline to receive, keep or load the goods or may devan container(s) contents or any part thereof and may require the Shipper, or other persons entitled thereto, to take delivery of the goods at the port of shipment and upon failure to do so, may warehouse the goods at the risk and expense of the goods; or the vessel, whether or not preceding toward or entering or attempting to enter a port of discharge, may discharge the goods and/or devan the contents of any container(s) at another port, in depot, lighter, craft, or other place, or may forward or trans-=ship them as provided in this bill of lading (Clause 10), or the Carrier or the Master may retain the goods vanned or unvanned, on board until return of the vessel to the port of loading or to the port of discharge or until such time as the Carrier or the Master thinks advisable and discharge the goods at any place whatsoever as herein provided. The Carrier or the Master is not required to give notice of such devanning or of discharge of the goods or of the forwarding thereof as herein provided. When the goods are discharged from the ship, as herein provided, they shall be at their risk and expense; such discharging shall constitute delivery and performance under this contract and the Carrier shall be freed from any further responsibility, unless it be shown that any loss or damage to the goods arose from Carrier’s negligence in the discharge and delivery as herein provided, the burden of establishing such negligence being on the owner of the goods. For any service rendered to the goods as hereinabove provided or for any delay or expense to the vessel causes as a result thereof, the Carrier shall be entitled to a reasonable extra compensation, and shall have lien on the goods for such charge. Notice of disposition of the goods shall be mailed to Shipper or Consignee. Goods shut out from the vessel named herein for any cause may be forwarded on a subsequent vessel of this line or, at Carrier’s option, on a vessel of another line.
- The Carrier shall not be responsible for the safe and proper stowing of goods in containers if such containers are loaded with goods by the shipper, consolidator or inland carrier, and no responsibility shall attach to the Carrier for any loss or damage caused to contents by shifting, overloading or improper packing of the container. Containers loaded by the shipper, consolidator or inland carrier shall be properly sealed and the seal identification reference, as well as the container reference, shall be shown herein. The shipper, consolidator or inland carrier shall inspect containers before loading them and loading of the containers shall be prima facie evidence that the containers were sound and suitable for use. The Carrier will not be liable in any event for the particulars, or other packages or pieces as shown in the Carrier’s receipt of the face of this bill of lading. The Carrier makes no representation as to the quantity, weight, or description in the Particulars Furnished by the Shipper.
The Shipper. Consignee and/or holder hereof agree to be liable for, and shall indemnify the Carrier for any injury, loss or damage, including fines, arising from Shipper’s failure to stow the goods properly in the containers or to declare correctly herein any of the particulars furnished by Shipper, including marks, quantity and description of the goods, weight and cubic measurement of goods, and exact total gross weight of container, also for any kind of damage or injury caused by the contents of said container(s) to other property or to persons.
- The Carrier shall have the right to store goods in containers and to slow containers on deck unless this bill of lading is claused “stored under deck” on the face hereof by the Carrier. Containers stowed on deck shall be deemed for all purposes to be stowed under deck, including General Average and COGSA. Special container(s) or cargo space with refrigeration or heating units shall not be furnished unless contracted for in writing at time of booking and freight is charged on the basis of the rates for cargo requiring such special container(s) or space as provided in, the tariff. Shipper shall advise Carrier of desired temperature range when delivering goods to the Carrier, and Carrier shall exercise due diligence to maintain desired range within plus or minus 2 degrees Fahrenheit, while the containers are in its custody and control. The Carrier does not warrant refrigerating or heating machinery of containers and shall not be responsible for its operation or maintenance except while the containers are in the actual custody and control at which time the Carrier shall exercise reasonable care in operation or maintenance of such machinery.
- Deck cargo (except goods carried in containers on deck) and live animals are received and carried solely at Shipper’s and Consignee’s risk (including accident or mortality of animals), and the Carrier shall not in any event be liable for any loss or damage thereto arising or resulting from any matters mentioned in Section 4, Sub-section 2(a) to (p) inclusive of the United States Carriage of Goods By Sea Act, or from any other cause whatsoever not due to the fault of the Carrier, any warranty of seaworthiness in the premises being hereby waived, and the burden of proving liability being in all respects upon the Shipper or Consignee. Except as provided, above such shipments shall be deemed goods, and shall be subject to all items and provisions in this bill of lading relating to goods.
- If the ship comes into collision with another ship as a result of the negligence of the other ship and act, neglect and default of the Master, mariner, pilot or the servants of the Carrier in the navigation or in the management of the ship, the owners of the goods carried hereunder, will indemnify the Carrier against all loss or liability to the other or non-carrying ship or her owners in so far as such loss or liability represents loss of, or damage to or any claim whatsoever of the owners of the said goods, paid or payable by the other non-carrying vessel or her owners of said goods and set -off, recouped or recovered by the other or non-carrying vessel of her owners as part of their claim against the carrying vessel or Carrier.
- General average shall be adjusted, stated and settled according to York-Antwerp Rules 1974, except Rule XXII thereof, at such port or place as may be selected by the Carrier, and as to matters not provided for these Rules, according to the laws and usage at the port of New York. Average agreement or bond and such additional security as may be required by the Carrier must be furnished before delivery of the goods. The Adjustment shall be made by an Adjuster selected by the Carrier from the Association of Average Adjusters of the U.S.A. and the resulting Adjustment shall be prima facie evidence as against all interests.
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, the Carrier is not responsible, by statute, contract, or otherwise, the goods, the Shipper and the Consignee shall contribute with the Carrier in general average to the payment 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 salvaging ship is owned or operated by the Carrier, salvage shall be paid for as fully and in the same manner as if such a salvaging ship belonged to strangers. Contribution to general average by all interests shall be paid to the owners even when such average is the result of fault, neglect or error of the Master, pilot or crew. The Shippers and Consignees expressly renounce any and all codes, statutes, laws regulations which might otherwise apply.
- Whenever the Carrier or Master may deem it advisable, or in any case where goods are destined for port(s) or place(s) at which the ship will not call, the Carrier may, without Notice, toward the whole or any part of the shipment, before or after loading at the original Port of Shipment, or any other place or places even though outside the scope of the voyage or the route to or beyond the Port of Discharge or the destination of the goods, by water, by land or by air or by any combination thereof, whether operated by the Carrier or others and whether departing or arriving or scheduled to depart or arrive before or after the ship expected to be used for the transportation of the shipment. The Carrier may delay forwarding awaiting a vessel or conveyance in its own service or with which it has established connections. In all cases where the shipment is delivered to another carrier, or to a Lighter, Port Authority, Warehouseman, or other Bailee, for trans-shipment, the liability of this Carrier shall absolutely cease when the goods are out of its exclusive possession and shall not resume until the goods again come into its exclusive possession; and the responsibility of this Carrier during any such period shall be that of an agent of the Shipper and/or Consignee, and this Carrier shall be without any other responsibility whatsoever. The carriage by any trans-shipment or on-carrier and all trans-shipment or forwarding shall be subject to all the terms whatsoever in the regular form of bill of lading, consignment note, contract or other shipping document used at the time by such carrier.
- The Carrier’s responsibility as carrier for the goods shall not commence until the goods are safely secured to the vessel’s loading gear at the port of loading. Immediately upon arrival of the ship at the Port of Discharge, the Carrier may without giving notice either of arrival or discharge, deliver the container(s) and/or goods onto any wharf, craft, or place that the Carrier or Port Authorities may select and continuously Sundays and Holidays included, in daytime or nighttime, no matter what the state of the weather or Custom of the Port may be. All lighter age and use of craft in loading and discharging shall be at the risk and expense of the goods. It is agreed that delivery by the Carrier in any event shall take place upon discharge from vessel to a safe lighter or dock and the responsibility of the Carrier in any capacity shall altogether cease when the goods have been discharged and possession is received or taken by Customs or other authorities, or by the operator or person in charge of any lighter, craft, wharf, store, warehouse, elevator or other facilities, whether selected by the Shipper, Consignee or owner of the goods, or by port authorities or by the Carrier, unless it be shown that any loss or damage to the goods was caused by the Carrier’s negligence in selecting the lighter or dock. The burden of establishing such negligence is on the Shipper or Consignee.
- Carrier shall not be liable for any consequential or special damages and shall have the option of replacing lost goods or repairing damaged goods.
- The Shipper, Consignee or cargo owner shall be liable for and shall indemnify the Carrier and vessel and the Carrier shall have a lien on the goods, for all expenses of operating, repairing or reconditioning the goods, also all expenses for repairing containers damaged while in possession of shipper or consignee and demurrage on containers; also Shipper’s or Consignee’s failure to supply information or otherwise comply with laws and regulations in connection with the goods. The Carrier’s lien shall survive delivery and may be enforced by private or public sale and without notice.
- Since freight is calculated on the basis of particulars furnished by the Shipper, the Carrier may at any time inspect the contents of the container(s) and examine the contents of the packages, weight, measure and value the goods. In case Shipper’s particulars are found to be erroneous and additional freight is payable, the Shipper, Consignee and goods shall be liable for all expense incurred for examining, weighing, measuring and valuing the goods. Full freight to destination shall be considered completely earned on shipment, whether the freight be stated or intended to be prepaid or to be collected at destination and the Carrier shall be entitled to all freight and charges due hereunder, whether actually paid or not, and to receive and retain them irrevocably under all circumstances whatsoever, vessel and/or goods lost or not lost or the voyage broken up or abandoned. All unpaid charges shall be paid in full and without any offset, counterclaim or deduction, in the current of the Untied States, or at Carrier’s option, its equivalent in foreign currency. The said Carrier shall have a lien on the goods, which lien shall survive delivery, for all freight and charges due under this bill of lading and under any contract preliminary hereto, including dead freight and demurrage, and for the cost of receiving such freight and demurrage, and may enforce this lien by public or private sale and without notice. The Shipper, Consignee and owner of the goods shall be jointly and severally liable to the Carrier for the payment of all freight and charges and the performance of the obligation of each of them hereunder.
- Neither the Carrier nor its terminal operator or stevedore shall be liable to answer for make good any loss or damage to goods occurring at any time and even through before loading on or after discharge from the vessel, by reason or by means of any five whatsoever, unless such fire shall be caused by their design or neglect.
- In case or any loss or damage to or in connection with goods exceeding in actual value the equivalent of $500 lawful money of the United States, per package, or in case of goods not shipped in package, per shipping unit, the value of the goods shall be deemed to the $500 per package or per shipping unit. The Carrier’s liability if any, shall be determined on the basis of a value of $500 per package or per shipping unit or pro rata in case of partial loss or damage, unless the nature of the goods and a valuation higher than $500 per package or shipping unit shall have been declared in writing by the Shipper upon delivery to the Carrier and inserted in this bill of lading and extra charge paid. In such care if the actual value of the goods per package or per shipping unit shall exceed such declared value shall nevertheless be deemed to be declared value and the Carrier’s liability, if any, shall not exceed the declared value and any partial loss or damage shall be adjusted pro rata on the basis of such declared value. The words “shipping unit” shall mean each physical unit or piece of cargo not shipped in a package, including articles or things of any description whatsoever, except goods shipped in bulk, and irrespective of the weight or measurement unit employed in calculating freight charges.
- The Carrier and the vessel shall be discharged from all liability in respect of loss, damage, misdelivery or in respect of any other breach of this contract, whether occurring before loading, on board or after discharge, unless suite is brought within one year after delivery of the shipment or the date when the shipment should have been delivered. Suit shall not be deemed brought unless jurisdiction shall have been obtained over the Carrier and/or the vessel by service of process or by an agreement to appear. The Shipper, Consignee, holder hereof or owner of the goods and their assignees, subrogees or representatives shall file any and all claims directly with the Carrier or other party responsible for any loss, damage, injury, expense, it being specifically agreed that this carrier shall not be responsible for any loss, damage, injury, expense not occurring on its own ocean route, nor while the goods are not in its actual custody and control. Upon written request, the Carrier will furnish Shipper, Consignee, holder hereof and/or owner of the goods with original bills of lading, receipts, consignment notes or other documents being held for their benefit which may be required to file claim against any other carriers or parties.
- Any bookings, freight engagements, dock receipts, boat notes, interchanges or other agreements relating to the shipment previously made are superseded by this bill of lading and by the Carrier’s Freight Tariff Rules and Regulations, which shall be deemed incorporated herein as if set forth at length. The Carrier’s Freight Tariff Rules and Regulations are filed with the Maritime Commission, Washington, D.C. and are also available at any of the Carrier’s offices.
- Nothing in this bill of lading shall operate the Carrier of any statutory protection or exemption from, or limitation of liability, contained in the laws of the United States, or in the laws of any other country which may be applicable. This bill of lading shall be construed according to the laws of the United States and the shipper, consignee and holder hereof agree that any suits against the Carrier shall be brought in the Federal Courts of the United States in the state of California. The terms of this bill of lading shall be separable, and if any part of term hereof shall be held invalid, such holding shall not affect the validity or enforceability of any other part of term hereof.
- If this is a through bill of lading covering a U.S.A. landbridge movement, all claims shall be filed with this Carrier, which will be responsible for their processing (a) In accordance with term of the land carriers’ contracts and tariffs, where loss or damage occurs while goods are in custody of a U.S.A. land carrier, or (b) In accordance with terms of this bill of lading where goods are lost or damaged while in the custody of this Carrier. All claims and suits must be commenced within time limits of applicable contracts and statutes in the event this Carrier pays a claim. It shall be subrogated to Claimant’s rights against participating carriers. When it cannot be established in whose custody the goods were when the loss or damage occurred, the loss or damage shall be deemed to have occurred during the sea voyage while in the custody of this Carrier.
Basis of Liability / Liability as Freight Forwarder
- Ocean Blue Express, Inc. (hereafter ‘Ocean Blue’) is liable if it fails to exercise due diligence and to take reasonable measures in the performance of the Services. In such case Ocean Blue shall, subject to limitations and exclusions of liability set out in these Terms and Conditions, pay compensation to Customer for loss of or damage to the Shipment as well as for direct financial loss resulting from breach of its duty of care.
No Liability for Third Parties
- To the extent not otherwise regulated in these Terms and Conditions, Ocean Blue is not liable for acts and omissions by third parties, such as, but not limited to, carriers, warehousemen, stevedores, port authorities and other freight forwarders, unless Ocean Blue has failed to exercise due diligence in selecting, instructing or supervising such third parties.
Liability as Carrier
- Notwithstanding the aforementioned, Ocean Blue is subject to liability as principal only when Ocean Blue performs the carriage itself by its own means of transport (performing carrier), or by issuing its own transport document or otherwise, Ocean Blue has made an express undertaking to assume carrier liability (contracting carrier). In such case Ocean Blue is conducting its services subject to liability and other provisions contained in applicable International Conventions or statutes and in these Terms and Conditions. In case of inconsistencies between the Conventions or statutes and these Terms and Conditions, the latter shall prevail to the extent permitted by mandatory laws and regulations.
Liability for other Services
- With respect to Services other than carriage of Shipments such as, but not limited to, storage, handling, packing or distribution of Shipments, as well as ancillary services in connection therewith, Ocean Blue shall be liable as principal (1) when such services have been performed by itself using its own facilities or employees, or (2) if it has made an express or implied undertaking to assume liability as principal.
- Ocean Blue as principal shall, subject to the limitations and exclusion of liability set out in these Terms and Conditions, be responsible for the acts and omissions of third parties it has engaged for the performance of the contract of carriage or other services in the same manner as if such acts and omissions were its own and his rights and duties shall be subject to the provisions of the law applicable to the mode of transport or service concerned, as well as the additional conditions expressly agreed or, failing express agreement, by the usual conditions for such mode of transport or services.
Limitation of Liability for Loss, Damage
- In no event shall Ocean Blue be or become liable for any loss and damage to the Shipment in an amount listed hereunder. If the Shipment has not been delivered within ninety consecutive days after the date when the Shipment ought to have been delivered, the claimant may, in the absence of evidence to the contrary, treat the Shipment as lost. The basis of evaluation for any claims related to the physical loss of or damage to the goods is the goods manufacture/replacement value at origin (and not, for example, the sale value at destination).
- Ocean Freight: Ocean Blue’s liability for cargo to and from the United States via ocean is limited under the Carriage of Goods by Sea Act or COGSA. Per COGSA, if liability is proven to be that of the carrier, the liability will be limited to $500 per package or customary freight unit. Where COGSA does not apply, such as cargo not loading or discharging at a U.S. port, The Hague/Visby Convention will apply, limiting the liability to two Special Drawing Rights (SDR) per kilogram.
- Air Freight: As an air freight forwarder, Ocean Blue’s liability is 19 SDR per kilogram per Montreal Convention.
- S. Property Broker: As a property broker arranging U.S. inland transportation, Ocean Blue’s liability is limited to lesser amount of $0.50 per pound, or $50,000 per shipment.
Other Type of Loss
- Ocean Blue’s liability for any type of loss not already mentioned above shall not exceed the total amount of USD $500.00 per container and USD $900.00 per Bill of Lading or Sea Waybill.
Exclusions of Liability
- Ocean Blue shall in no event be liable for:
- valuables or dangerous goods, unless declared to Ocean Blue at the time of the conclusion of the contract,
- any exclusions mentioned in the Institute Radioactive Contamination, Chemical, Biological, Biochemical and Electromagnetic Weapons Exclusion Clause
- any act of terrorism being an act of any person acting on behalf of, or in connection with, any organization which carries out activities directed towards the overthrowing or influencing, by force or violence, of any government whether or not legally constituted or any person acting from a political, ideological or religious motive,
- any exclusions mentioned in the Institute Cyber Attack Exclusion Clause, or
- any rust, oxidation, scratching, denting or discoloration in case of used, not packed or unprotected items,
- 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,
- act or omission of the Shipper or owner of the goods, his agent or representative,
- quarantine restrictions
- indirect, consequential or financial loss such as, but not limited to, loss of profit and loss of market.
- shipments from and to countries, which are subject to – if applicable – trade control and embargo requirements of the United Nations, European Union, United States of America and United Kingdom.
- inland transit for countries of Africa, except for South Africa, Kenia, Egypt, Tunisia, Morocco, Algeria, Tanzania, Ghana, Angola, Namibia,
Save as otherwise agreed in writing, such as lead times, Ocean Blue shall in no circumstances be liable for direct, indirect or consequential loss or damage caused by delay howsoever caused.
General Limitation of Liability
- Notwithstanding the above and irrespective of the legal ground, Ocean Blue’s liability shall under no circumstances exceed an amount of USD 900.000 per damage event. For avoidance of doubt, the monetary liability limitations
mentioned in clause 6., 7. and 8. above shall be deemed accumulative.
Notice and Timeline
- Unless notice of loss of or damage to the Shipment, specifying the general nature of such loss or damage, is given in writing to Ocean Blue by Customer or the person entitled to receive the Shipment when the Shipment is handed over to Customer or such other person, such handing over is prima facie evidence of the delivery of the Shipment in good order and condition. Where such loss or damage is not apparent, the same prima facie effect shall apply if notice ‘in writing’ is not given within six (6) consecutive days after the day when the Shipment was handed over to the person entitled to receive it.
- With respect to all other loss or damage, any claim by Customer against Ocean Blue arising in respect of any Service shall be made in writing and notified to Ocean Blue within fourteen (14) days of the date upon which Customer became or should have become aware of any event or occurrence alleged to give rise to such claim. Any claim not made and notified as aforesaid shall be deemed to be waived and absolutely barred except where Customer can show that it was impossible to comply with this time limit and that Customer has made the claim as soon as it was reasonably possible for him to do so.
- Ocean Blue shall be discharged of all liability under the contract unless suit is brought within nine (9) months after the delivery of the Shipment, or the date when the Shipment should have been delivered, or the date when failure to deliver the Shipment would give Customer or the person entitled to receive the Shipment the right to treat the Shipment as lost. With respect to other loss than loss of or damage to the Shipment the nine (9) months period shall be counted from the point in time when the failure of Ocean Blue giving right to the claim occurred.
- All insurances effected by Ocean Blue are subject to the above mentioned commitments and liabilities, usual exceptions and conditions of the policies of the insurance company or underwriters taking the risk. However, a full value and complete all risk cargo insurance cover can be declared to Ocean Blue. Unless so otherwise instructed in writing and reimbursed for by the Customer, Ocean Blue does not insure the Shipment and the Customer shall self-insure or make arrangements to cover the Shipment against all insurable risks to their full insurable value (including all duties and taxes) with any right for the insurer to bring a subrogated claim against Ocean Blue being excluded.
- The contents of this contract and any information on Ocean Blue’s business is sensitive, confidential and will not be disclosed by the Customer to any third party without the express written consent of Ocean Blue, unless the information is manifestly in the public domain at the time of disclosure or such disclosure is required by valid legal process or is otherwise required by law or by the rules of any listing authority or stock exchange, in which event the Customer shall give Ocean Blue prompt written notification thereof. The Customer will ensure, and will be liable for ensuring, that its directors, employees, agents, advisers and Subcontractors shall not disclose any confidential information. The obligation of this clause shall survive for a period of three (3) years after the expiry of the relevant contract.