MULTIDOC 2016
First published 1995, revised 2016
NEGOTIABLE MULTIMODAL TRANSPORT BILL OF LADING
Subject to the UNCTAD/ICC Rules for Multimodal Transport Documents,
(ICC Publication No. 481)
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Consignor MT Doc. No. Reference No.
Consigned to order of Notify address Vessel
Place of receipt Port of loading
Place of delivery Port of discharge
Marks and Nos. Quantity and description of Gross weight, kg Measurement, m3
goods
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op
Particulars above declared by Consignor
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Freight and charges RECEIVED the goods in apparent good order and condition and, as far as ascertained by
reasonable means of checking, as specified above unless otherwise stated.
The MTO, in accordance with and to the extent of the provisions contained in this MT Bill of Lading,
Freight payable at and with liberty to sub-contract, undertakes to perform and/or in its own name to procure
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performance of the multimodal transport and the delivery of the goods, including all services related
thereto, from the place and time of taking the goods in charge to the place and time of delivery and
accepts responsibility for such transport and such services.
Consignor's declared value of
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One of the MT Bills of Lading must be surrendered duly endorsed in exchange for the goods or
delivery order.
subject to payment of above extra IN WITNESS whereof MT Bill(s) of Lading has/have been signed in the number indicated below, one
charge. of which being accomplished the other(s) to be void.
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Note: The Merchant's attention is
called to the fact that according to Place and date of issue Number of original MT Bills of Lading
Clauses 10-12 and 26 of this MT Bill
of Lading, the liability of the MTO is, in
most cases, limited in respect of loss
of or damage to the goods.
MTO as Carrier:..………………………………………………..……….(insert name)
Signature:…………………………………………………….…………..(MTO as Carrier*/Master*/Agent*)
*Delete as appropriate
If signed by an Agent indicate with a tick whether for and on behalf of:
☐ Master; or
☐ MTO as Carrier
Agent……………………………………………………………………...(insert name)
Copyright © 2016 BIMCO. All rights reserved. Any unauthorised copying, duplication, reproduction or distribution of this document will
constitute an infringement of BIMCO’s copyright. Printed by BIMCO’s IDEA2.
v. 1.1. Dated 30 May 2016. Clause 24 (General Average) updated to refer to York-Antwerp Rules 2016.
MULTIDOC 2016
NEGOTIABLE MULTIMODAL TRANSPORT BILL OF LADING
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(d) Delay in Delivery occurs when the Goods have not been delivered within the time document. Proof to the contrary shall not be admissible when the MT Bill of Lading
I. GENERAL PROVISIONS expressly agreed upon or, in the absence of such agreement, within the time which it has been transferred, or the equivalent electronic data interchange message has
1. Applicability would be reasonable to require of a diligent MTO, having regard to the circumstances been transmitted to and acknowledged by the Consignee who in good faith has relied
The provisions of this Contract shall apply irrespective of whether there is a unimodal of the case. and acted thereon.
or a Multimodal Transport Contract involving one or several modes of transport. (e) If the Goods have not been delivered within ninety (90) consecutive days following 18. Consignor's Responsibility
2. Definitions the date of Delivery determined according to Clause 10 (d) above, the claimant may, (a) The Consignor shall be deemed to have guaranteed to the MTO the accuracy, at
"Multimodal Transport Contract" means a single Contract for the carriage of Goods by in the absence of evidence to the contrary, treat the Goods as lost. the time the Goods were taken in charge by the MTO, of all particulars relating to the
at least two different modes of transport. "Multimodal Transport Bill of Lading" (MT Bill 11. Defences for Carriage by Sea or Inland Waterways general nature of the Goods, their marks, number, weight, volume and quantity and, if
of Lading) means this document evidencing a Multimodal Transport Contract and Notwithstanding the provisions of Clause 10 (b), the MTO shall not be responsible for applicable, to the dangerous character of the Goods as furnished by it or on its behalf
which can be replaced by electronic data interchange messages insofar as permitted loss, damage or delay in Delivery with respect to Goods carried by sea or inland for insertion in the MT Bill of
by applicable law and is issued in a negotiable form. waterways when such loss, damage or delay during such carriage results from: Lading.
"Multimodal Transport Operator" (MTO) means the person named on the face hereof (i) act, neglect or default of the master, mariner, pilot or the servants of the (b) The Consignor shall indemnify the MTO for any loss or expense caused by
who concludes a Multimodal Transport Contract and assumes responsibility for the Carrier in the navigation or in the management of the vessel; inaccuracies in or inadequacies of the particulars referred to above.
performance thereof as a Carrier. (ii) fire, unless caused by the actual fault or privity of the Carrier; (c) The right of the MTO to such indemnity shall in no way limit his liability under the
"Carrier" means the person who actually performs or undertakes to perform the (iii) the causes listed in the Hague-Visby Rules article 4.2 (c) to (p); Multimodal Transport Contract to any person other than the Consignor.
carriage, or part thereof, whether it is identical with the Multimodal Transport Operator however, always provided that whenever loss or damage has resulted from (d) The Consignor shall remain liable even if the MT Bill of Lading has been
or not. unseaworthiness of the vessel, the MTO can prove that due diligence has been transferred by him.
"Merchant" includes the Shipper, the Receiver, the Consignor, the Consignee, the exercised to make the vessel seaworthy at the commencement of the voyage. 19. Return of Containers
holder of this MT Bill of Lading and the owner of the Goods. 12. Limitation of Liability (a) Containers, pallets or similar articles of transport supplied by or on behalf of the
"Consignor" means the person who concludes the Multimodal Transport Contract with (a) Unless the nature and value of the Goods have been declared by the Consignor MTO shall be returned to the MTO in the same order and condition as when handed
the Multimodal Transport Operator. before the Goods have been taken in charge by the MTO and inserted in the MT Bill over to the Merchant, normal wear and tear excepted, with interiors clean and within
"Consignee" means the person entitled to receive the Goods from the Multimodal of Lading, the MTO shall in no event be or become liable for any loss of or damage to the time prescribed in the MTO's tariff or elsewhere.
Transport Operator. the Goods in an amount exceeding: (b) (i) The Consignor shall be liable for any loss of, damage to, or delay, including
"Taken in charge" means that the Goods have been handed over to and accepted for (i) when the Carriage of Goods by Sea Act of the United States of America, 1936 demurrage, of such articles, incurred during the period between handing over to the
carriage by the MTO. (US COGSA) applies USD 500 per package or customary freight unit; or Consignor and return to the MTO for carriage.
"Delivery" means (ii) when any other law applies, the equivalent of 666.67 SDR per package or unit (ii) The Consignor and the Consignee shall be jointly and severally liable for any loss
(i) the handing over of the Goods to the Consignee; or or two SDR per kilogramme of gross weight of the Goods lost or damaged, of, damage to, or delay, including demurrage, of such articles, incurred during the
(ii) the placing of the Goods at the disposal of the Consignee in accordance with whichever is the higher. period between handing over to the Consignee and return to the MTO.
the Multimodal Transport Contract or with (b) Where a container, pallet or similar article of transport is loaded with more than 20. Dangerous Goods
the law or usage of the particular trade applicable at the place of delivery; or one package or unit, the packages or other shipping units enumerated in the MT Bill (a) The Consignor shall comply with all internationally recognised requirements and all
(iii) the handing over of the Goods to an authority or other third party to whom, of Lading as packed in such article of transport are deemed packages or shipping rules which apply according to national law or by reason of international convention,
pursuant to the law or regulations applicable at the place of delivery, the Goods units. Except as aforesaid, such article of transport shall be considered the package relating to the carriage of Goods of a dangerous nature, and shall in any event inform
must be handed over. or unit. the MTO in writing of the exact nature of the danger before Goods of a dangerous
"Special Drawing Rights" (SDR) means the unit of account as defined by the (c) Notwithstanding the above-mentioned provisions, if the Multimodal Transport does nature are taken in charge by the MTO and indicate to him, if need be, the
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International Monetary Fund. not, according to the Contract, include carriage of Goods by sea or by inland precautions to be taken.
"Goods" means any property including live animals as well as containers, pallets or waterways, the liability of the MTO shall be limited to an amount not exceeding 8.33 (b) If the Consignor fails to provide such information and the MTO is unaware of the
similar articles of transport or packaging not supplied by the MTO, irrespective of SDR per kilogramme of gross weight of the Goods lost or damaged. dangerous nature of the Goods and the necessary precautions to be taken and if, at
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whether such property is to be or is carried on or under deck. (d) In any case, when the loss of or damage to the Goods occurred during one any time, they are deemed to be a hazard to life or property, they may at any place be
3. MTO's Tariff particular stage of the Multimodal Transport, in respect of which an applicable unloaded, destroyed or rendered harmless, as circumstances may require, without
The terms of the MTO's applicable tariff at the date of shipment are incorporated international convention or mandatory national law would have provided another limit compensation and the Consignor shall be liable for all loss, damage, delay or
herein. Copies of the relevant provisions of the applicable tariff are available from the of liability if a separate contract of carriage had been made for that particular stage of expenses arising out of their being taken in charge, or their carriage, or of any service
MTO upon request. In the case of inconsistency between this MT Bill of Lading and transport, then the limit of the MTO's liability for such loss or damage shall be incidental thereto.
the applicable tariff, this MT Bill of Lading shall prevail. determined by reference to the provisions of such convention or mandatory national The burden of proving that the MTO knew the exact nature of the danger constituted
4. Time Bar law. by the carriage of the said Goods shall rest upon the person entitled to the Goods.
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The MTO shall, unless otherwise expressly agreed, be discharged of all liability under (e) If the MTO is liable in respect of loss following from delay in Delivery, or (c) If any Goods shipped with the knowledge of the MTO as to their dangerous nature
this MT Bill of Lading unless suit is brought within nine months after: consequential loss or damage other than loss of or damage to the Goods, the liability shall become a danger to the vessel or cargo, they may in like manner be landed at
(i) the Delivery of the Goods; or of the MTO shall be limited to an amount not exceeding the equivalent of the freight any place or destroyed or rendered innocuous by the MTO without liability on the part
(ii) the date when the Goods should have been delivered; or under the Multimodal Transport Contract for the Multimodal Transport. of the MTO except to General Average, if any.
(iii) the date when, in accordance with sub-clause 10 (e) failure to deliver the (f) The aggregate liability of the MTO shall not exceed the limits of liability for total loss 21. Consignor-packed Containers, etc.
Goods would give the Consignee the right to treat the Goods as lost. of the Goods. (a) If a container has not been filled, packed or stowed by the MTO, the MTO shall not
5. Law and Jurisdiction (g) The MTO is not entitled to the benefit of the limitation of liability if it is proved that be liable for any loss of or damage to its contents and the Consignor shall indemnify
Disputes arising under this MT Bill of Lading shall be determined by the courts and in the loss, damage or delay in Delivery resulted from a personal act or omission of the any loss or expense incurred by the MTO if such loss, damage or expense has been
accordance with the law at the place where the MTO has its principal place of MTO done with the intent to cause such loss, damage or delay, or recklessly and with caused by:
business. knowledge that such loss, damage or delay would probably result. (i) negligent filling, packing or stowing of the container;
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13. Assessment of Compensation (ii) the contents being unsuitable for carriage in container; or
II. PERFORMANCE OF THE CONTRACT (a) Assessment of compensation for loss of or damage to the Goods shall be made by (iii) the unsuitability or defective condition of the container unless the container
6. Methods and Routes of Transportation reference to the value of such Goods at the place and time they are delivered to the has been supplied by the MTO and the unsuitability or defective condition would
(a) The MTO is entitled to perform the transport in any reasonable manner and by any Consignee or at the place and time when, in accordance with the Multimodal not have been apparent upon reasonable inspection at or prior to the time when
reasonable means, methods and routes. Transport Contract, they should have been so delivered. the container was filled, packed or stowed.
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(b) In accordance herewith, for instance, in the event of carriage by sea, vessels may (b) The value of the Goods shall be determined according to the current commodity (b) The provisions of sub-clause (a) of this Clause also apply with respect to trailers,
sail with or without pilots, undergo repairs, adjust equipment, drydock and tow vessels exchange price or, if there is no such price, according to the current market price or, if transportable tanks, flats and pallets which have not been filled, packed or stowed by
in all situations. there is no commodity exchange price or current market price, by reference to the the MTO.
7. Optional Stowage normal value of Goods of the same kind and quality. (c) The MTO does not accept liability for damage due to the unsuitability or defective
(a) Goods may be stowed by the MTO by means of containers, trailers, transportable 14. Notice of loss of or Damage to the Goods condition of reefer equipment or trailers supplied by the Merchant.
tanks, flats, pallets, or similar articles of transport used to consolidate Goods. (a) Unless notice of loss of or damage to the Goods, specifying the general nature of
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(b) Containers, trailers, transportable tanks and covered flats, whether stowed by the such loss or damage, is given in writing by the Consignee to the MTO when the V. FREIGHT AND LIEN
MTO or received by him in a stowed condition, may be carried on or under deck Goods are handed over to the Consignee, such handing over is prima facie evidence 22. Freight
without notice to the Merchant. of the Delivery by the MTO of the Goods as described in the MT Bill of Lading. (a) Freight shall be deemed earned when the Goods have been taken into charge by
8. Delivery of the Goods to the Consignee (b) Where the loss or damage is not apparent, the same prima facie effect shall apply the MTO and shall be paid in any event.
The MTO undertakes to perform or to procure the performance of all acts necessary if notice in writing is not given within six consecutive days after the day when the (b) The Merchant's attention is drawn to the stipulations concerning currency in which
to ensure Delivery of the Goods: Goods were handed over to the Consignee. the freight and charges are to be paid, rate of exchange, devaluation and other
(i) when the MT Bill of Lading has been issued in a negotiable form "to bearer", to 15. Defences and Limits for the MTO, Servants, etc. contingencies relative to freight and charges in the relevant tariff conditions. If no such
the person surrendering one original of the document; or The provisions of this Contract apply to all claims against the MTO relating to the stipulation as to devaluation exists or is applicable the following provision shall apply:
(ii) when the MT Bill of Lading has been issued in a negotiable form "to order", to performance of the Multimodal Transport Contract, whether the claim be founded in If the currency in which freight and charges are quoted is devalued or revalued
the person surrendering one original of the document duly endorsed; or contract or in tort. between the date of the freight agreement and the date when the freight and charges
(iii) when the MT Bill of Lading has been issued in a negotiable form to a named 16. International Group of P&I Clubs/BIMCO Himalaya Clause for bills of lading are paid, then all freight and charges shall be automatically and immediately changed
person, to that person upon proof of its identity and surrender of one original and other contracts 2014 in proportion to the extent of the devaluation or revaluation of the said currency. When
document; if such document has been transferred "to order" or in blank, the (a) For the purposes of this contract, the term “Servant” shall include the owners, the MTO has consented to payment in other currency than the above mentioned
provisions of (ii) above apply. managers, and operators of vessels (other than the Carrier); underlying carriers; currency, then all freight and charges shall - subject to the preceding paragraph - be
9. Hindrances, etc. Affecting Performance stevedores and terminal operators; and any direct or indirect servant, agent, or paid at the highest selling rate of exchange for banker's sight draft current on the day
(a) The MTO shall use reasonable endeavours to complete the transport and to subcontractor (including their own subcontractors), or any other party employed by or when such freight and charges are paid. If the banks are closed on the day when the
deliver the Goods at the place designated for Delivery. on behalf of the Carrier, or whose services or equipment have been used to perform freight is paid the rate to be used will be the one in force on the last day the banks
(b) If at any time the performance of the Contract as evidenced by this MT Bill of this contract whether in direct contractual privity with the Carrier or not. were open.
Lading is or will be affected by any hindrance, risk, delay, difficulty or disadvantage of (b) It is hereby expressly agreed that no Servant shall in any circumstances (c) For the purpose of verifying the freight basis the MTO reserves the right to have
whatsoever kind and if by virtue of sub-clause 9 (a) the MTO has no duty to complete whatsoever be under any liability whatsoever to the Merchant or other party to this the contents of containers, trailers or similar articles of transport inspected in order to
the performance of the Contract, the MTO (whether or not the transport is contract (hereinafter termed “Merchant”) for any loss, damage or delay of whatsoever ascertain the weight, measurement, value, or nature of the Goods. If on such
commenced) may elect to kind arising or resulting directly or indirectly from any act, neglect or default on the inspection it is found that the declaration is not correct, it is agreed that a sum equal
(i) treat the performance of this Contract as terminated and place the Goods at Servant’s part while acting in the course of or in connection with the performance of either to five times the difference between the correct freight and the freight charges
the Merchant's disposal at any place which the MTO shall deem safe and this contract. or to double the correct freight less the freight charges, whichever sum is the smaller,
convenient; or (c) Without prejudice to the generality of the foregoing provisions in this clause, every shall be payable as liquidated damages to the MTO notwithstanding any other sum
(ii) deliver the Goods at the place designated for Delivery. exemption, limitation, condition and liberty contained herein (other than Art III Rule 8 having been stated on this MT Bill of Lading as the freight payable.
(c) If the Goods are not taken Delivery of by the Merchant within a reasonable time of the Hague/Hague-Visby Rules if incorporated herein) and every right, exemption (d) All dues, taxes and charges levied on the Goods and other expenses in
after the MTO has called upon him to take Delivery, the MTO shall be at liberty to put from liability, defence and immunity of whatsoever nature applicable to the carrier or connection therewith shall be paid by the Merchant.
the Goods in safe custody on behalf of the Merchant at the latter's risk and expense. to which the carrier is entitled hereunder including the right to enforce any jurisdiction 23. Lien
(d) In any event the MTO shall be entitled to full freight for Goods received for or arbitration provision contained herein shall also be available and shall extend to The MTO shall have a lien on the Goods for any amount due under this Contract and
transportation and additional compensation for extra costs resulting from the every such Servant of the carrier, who shall be entitled to enforce the same against for the costs of recovering the same, and may enforce such lien in any reasonable
circumstances referred to above. the Merchant. manner, including sale or disposal of the Goods.
(d) (i) The Merchant undertakes that no claim or allegation whether arising in contract,
III. LIABILITY OF THE MTO bailment, tort or otherwise shall be made against any Servant of the carrier which VI. MISCELLANEOUS PROVISIONS
10. Basis of Liability imposes or attempts to impose upon any of them or any vessel owned or chartered by 24. General Average
(a) The responsibility of the MTO for the Goods under this Contract covers the period any of them any liability whatsoever in connection with this contract whether or not (a) General Average shall be adjusted at any port or place at the MTO's option, and to
from the time the MTO has taken the Goods into its charge to the time of their arising out of negligence on the part of such Servant. The Servant shall also be be settled according to the York-Antwerp Rules 2016, this covering all Goods,
Delivery. entitled to enforce the foregoing covenant against the Merchant; and whether carried on or under deck. The New Jason Clause as approved by BIMCO to
(b) Subject to the defences set forth in Clauses 11 and 12, the MTO shall be liable for (ii) The Merchant undertakes that if any such claim or allegation should nevertheless be considered as incorporated herein.
loss of or damage to the Goods as well as for delay in Delivery, if the occurrence be made, it will indemnify the carrier against all consequences thereof. (b) Such security including a cash deposit as the MTO may deem sufficient to cover
which caused the loss, damage or delay in Delivery took place while the Goods were (e) For the purpose of sub-paragraphs (a)-(d) of this clause the Carrier is or shall be the estimated contribution of the Goods and any salvage and special charges
in its charge as defined in sub-clause 10 (a), unless the MTO proves that no fault or deemed to be acting as agent or trustee on behalf of and for the benefit of all persons thereon, shall, if required, be submitted to the MTO prior to Delivery of the Goods.
neglect of its own, its servants or agents or any other person referred to in sub-clause mentioned in sub-clause (a) above who are its Servant and all such persons shall to 25. Both-to-Blame Collision Clause
10 (c) has caused or contributed to the loss, damage or delay in Delivery. this extent be or be deemed to be parties to this contract. The Both-to-Blame Collision Clause as adopted by BIMCO shall be considered
However, the MTO shall only be liable for loss following from delay in Delivery if the incorporated herein.
Consignor has made a written declaration of interest in timely Delivery which has IV. DESCRIPTION OF GOODS 26. U.S. Trade
been accepted in writing by the MTO. 17. MTO's Responsibility In case the Contract evidenced by this MT Bill of Lading is subject to U.S COGSA, then
(c) The MTO shall be responsible for the acts and omissions of its servants or agents, The information in the MT Bill of Lading shall be prima facie evidence of the taking in the Provisions stated in said Act shall govern before loading and after discharge and
when any such servant or agent is acting within the scope of its employment, or of charge by the MTO of the Goods as described by such information unless a contrary throughout the entire time the Goods are in the Carrier's custody.
any other person of whose services it makes use for the performance of the Contract, indication, such as "shipper's weight, load and count", "shipper-packed container" or
as if such acts and omissions were its own. similar expressions, have been made in the printed text or superimposed on the