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Cement Voy

cement voy

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100% found this document useful (2 votes)
671 views2 pages

Cement Voy

cement voy

Uploaded by

PSYCHOTHEWALL
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

CEMENTVOYBILL 2016

BILL OF LADING
To be used with CEMENTVOY 2006 charter party
Page 1

Shipper Bill of Lading No. Reference No.

Consignee Vessel

Notify address Port of loading

Port of discharge

Gross weight

(of which
being responsible for loss or damage howsoever arising)
Freight payable as per SHIPPED at the Port of Loading in apparent good order and condition on board the Vessel
CHARTER PARTY dated: for carriage to the Port of Discharge or so near thereto as the Vessel may safely get the
goods specified above.
Weight, measure, quality, quantity, condition, contents and value unknown.
IN WITNESS whereof the Master or Owner or Charterer or Agent of the said vessel has
FREIGHT ADVANCE signed the number of Bills of Lading indicated below, all of this tenor and date, any one of
Received on account of freight: which being accomplished the others shall be void.
FOR CONDITIONS OF CARRIAGE SEE PAGE 2

Date shipped on board Place and date of issue Number of original Bills of Lading

*Delete as appropriate

If signed by an Agent indicate with a tick whether for and on behalf of:

Master; or

Copyright © 2016 BIMCO. All rights reserved. Any unauthorised copying, duplication, reproduction or distribution of this document will constitute

v. 1.1. Dated 26 May 2016. Clause 3(General Average) updated to refer to York-Antwerp Rules 2016.
CEMENTVOYBILL 2016
BILL OF LADING
To be used for shipments under the CEMENTVOY 2006 charter party
Page 2

Conditions of Carriage

1. All terms and conditions, liberties and exceptions of the CEMENTVOY 2006 Charter Party, including the BIMCO Dispute Resolution Clause (Cl. 39)
dated as overleaf, are herewith incorporated.

2. General Paramount Clause


The International Convention for the Unification of Certain Rules of Law relating to Bills of Lading signed at Brussels on 25
-
shall apply to this Contract. When the Hague-Visby Rules are not enacted in the country of shipment, the corresponding legislation of the country of
destination shall apply, irrespective of whether such legislation may only regulate outbound shipments.
When there is no enactment of the Hague-Visby Rules in either the country of shipment or in the country of destination, the Hague-Visby Rules shall
apply to this Contract save where the Hague Rules as enacted in the country of shipment or if no such enactment is in place, the Hague Rules as
enacted in the country of destination apply compulsorily to this Contract.
The Protocol signed at Brussels on 21 -Visby Rules apply, whether
mandatorily or by this Contract.
The Carrier shall in no case be responsible for loss of or damage to cargo arising prior to loading, after discharging, or while the cargo is in the
charge of another carrier, or with respect to deck cargo and live animals.

3. General Average
General Average shall be adjusted, stated and settled according to York-Antwerp Rules 2016, in London unless another place is agreed in the
Charter. or error of the
Master, Pilot or Crew.

4. New Jason Clause


In the event of accident, danger, damage or disaster before or after the 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 the said salving ship or ships belonged to strangers. Such
deposit as the Carrier or its agents may deem sufficient to cover the estimated contribution of the goods and any salvage and special charges
thereon shall, if required, be made by the goods, Shippers, Consignees or owners of the goods to the Carrier before delivery.

5. Both-to-Blame Collision Clause


If the Vessel comes into collision with another ship as a result of the negligence of the other ship and any act, neglect or default of the Master,
Mariner, Pilot or the servants of the Carrier in the navigation or in the management of the Vessel, the owners of the cargo 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 said cargo, paid or payable by the other or non-carrying ship or her Owners to the owners of
said cargo and set-off, recouped or recovered by the other or non-carrying ship or her Owners as part of their claim against the carrying Vessel or
Carrier. The foregoing provisions shall also apply where the Owners, operators or those in charge of any ship or ships or objects other than, or in
addition to, the colliding ships or objects are at fault in respect of a collision or contact.

(6) International Group of P&I Clubs/BIMCO Himalaya Clause for bills of lading and other contracts 2014
(a) n the Carrier);
underlying carriers; stevedores and terminal operators; and any direct or indirect servant, agent, or subcontractor (including their own
subcontractors), or any other party employed by or on behalf of the Carrier, or whose services or equipment have been used to perform this contract
whether in direct contractual privity with the Carrier or not.

(b) It is hereby expressly agreed that no Servant shall in any circumstances whatsoever be under any liability whatsoever to the shipper, consignee,
kind arising or resulting
with the performance of this
contract.

(c) Without prejudice to the generality of the foregoing provisions in this clause, every exemption, limitation, condition and liberty contained herein (other
than Art III Rule 8 of the Hague/Hague-Visby Rules if incorporated herein) and every right, exemption from liability, defence and immunity of
whatsoever nature applicable to the carrier or to which the carrier is entitled hereunder including the right to enforce any jurisdiction or arbitration
provision contained herein shall also be available and shall extend to every such Servant of the carrier, who shall be entitled to enforce the same
against the Merchant.

(d)
(i) The Merchant undertakes that no claim or allegation whether arising in contract, bailment, tort or otherwise shall be made against any Servant of
the carrier which imposes or attempts to impose upon any of them or any vessel owned or chartered by any of them any liability whatsoever in
connection with this contract whether or not arising out of negligence on the part of such Servant. The Servant shall also be entitled to enforce the
foregoing covenant against the Merchant; and

(ii) The Merchant undertakes that if any such claim or allegation should nevertheless be made, it will indemnify the carrier against all consequences
thereof.

(e) For the purpose of sub-paragraphs (a)-(d) of this clause the Carrier is or shall be deemed to be acting as agent or trustee on behalf of and for the
benefit of all persons mentioned in sub-clause (a) above who are its Servant and all such persons shall to this extent be or be deemed to be parties
to this contract.

For particulars of cargo, freight,


destination, etc., see Page 1.

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