Судоводы - 9 семестр / Видищева Т.В., Монастырская О.И. - English in Maritime Business and Law (2014)

PPENDICE 14

Port of discharge

BARL ITALY________________________________________________ ____

CAPT.

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APPENDICE 15

B I L L O F L A D I N G

TO BE USED WITH CHARTER-PARTIES

CODE NAME: "CONGENBILL*

EDITION 1994

ADOPTED BY

THE BALTIC AND INTERNATIONAL MARITIME COUNCIL (BIMCO)

Conditions of Carriage

(1)All terms and conditions, liberties and exceptions of the Charter Party, dated as overleaf, including the Law and Arbitration Clause are herewith: Incorporated.

(2)General Paramaunt Clause.

(a)The Hague Rules contained in the International Convention for the Unification of certain rules relatin to Bills of Lading, dated Brussels the 25 of August 1924 as enacted in the country of shipment, sha

apply to this Bill of Lading. When no such enactment is in force in the country o f shipment, tl corresponding legislation of the country of destination shall apply, but in respect o f shipments to whic no such enactments arc compulsorily applicable, the terms of the said Convention shall apply,

b) Trades where Hague-Visby Rules apply.

In trades where the International Brussels Convention 1924 as amended by the Protocol signed at Brussels on February 23rd 1968-the Hague Visby Rules - apply compulsorily, the provisions of the respective legislation shall apply to this Bill of Lading.

(c)The carrier shall in no case be responsible for loss of or damage to the cargo, howsoever arising prior to loading into and after discharge from the Vessel or while the cargo is in the charge of another Carrier, nor in respect of deck cargo or live animals.

(3)General Average.

General Average shall be adjusted, stated and settled according to York-Antwerp Rules 1994. or any subsequent modification thereof, in London unless another place is agreed in the Charter Party.

Cargo's contribution to General Average shall be paid to the Carrier even when such average is the result of a fault, neglect or error, of the Master, Pilot or Crew. The Charterers. Shippers and Consignees expressly renounce the Belgian Commercial Code. Part II, Art. 148.

(4) New Jason Clause.

In the event of accident, danger, damage or disaster before or after the commencement of the voyage, resulting from any causes 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 cargo, shippers, consignees or the owners of the cargo shall contribute with the Carrier in General Average to the payment o f any sacrifices, losses or expenses of a General Average nature that may be made or incurred and shall a pay salvage and special charges incurred in respect o f the cargo. If a salving vessel is owned or operated by the Carrier, salvage shall be paid for as fully as if the said salving vessel or vessels belonged to strangers Such deposit as the Carrier, or his agents, may deem sufficient to cover the estimated contribution o f the goods and any salvage and special charges thereon shall, if required, be made by the cargo, shippers, consignees or owners o f the goods to the Carrier before delivery.

5). Both-to-Blame Collision Clause.

If the Vessel comes into collision with another vessel as a result o f the negligence o f the other vessel 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-earring vessel 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-earring vessel or her owners to the ownersof said cargo and set-off, recouped or recovered by the other or non-earning vessel or her owners as part of their claim against the carrying Vessel or the Carrier.

The foregoing provisions shall also apply where the owners, operators or those in charge o f any vessel or vessels or objects other than, or in addition to. the colliding vessels or objects arc at fault in respect of a collision or contact.

For particulars o f cargo, freight destination, see overleaf

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APPENDICE 18

IMPORTANT: This guarantee will only be accepted provided no additions, deletions or amendments are made to the wording by the Underwriters

In consideration of the delivery in due course to the Consignees of the Merchandise specified below, without collection of a deposit on account of Average, we, the undersigned Underwriters, hereby guarantee to the Shipowners on account of those concerned the payment of any contribution to General Average and/or Salvage and/or Charges which may hereafter be ascertained to be due in respect of the said Merchandise.

We further agree to make a prompt payment on account if required, as soon as such payment may be certified by the Average Adjusters, Stichling Hahn Hilbrich Ltd., London and to furnish to the Average Adjusters at their request all information which is available to us relative to the value of the said Merchandise.

We also agree that this Average Guarantee shall be governed by and construed in accordance with English law and all disputes arising hereunder shall be subject to the exclusive jurisdiction of the English High Court.

NON SEPARATION AGREEMENT:

It is agreed that in the event of the vessel's cargo or part thereof being forwarded to original destination by other vessel, vessels or conveyances, rights and liabilities in general average shall not be affected by such forwarding, it being the intention to place the parties concerned as nearly as possible in the same position in this respect as they would have been in the absence of such forwarding and with the adventure continuing by the original vessel for so long as isjustifiable under the law applicable or under the Contract of Affreightment.

The basis of contribution to general average of the property involved shall be the values on delivery at original destination unless sold or otherwise disposed of short of the destination; but where none of her cargo is carried forward in the vessel she shall contribute on the basis of her actual value on the date she completes discharge of her cargo.

Important In case of damage to/loss of

cargo submit customary claim Pleaseattachcopy documentation, inc). Subrogation Letter ofcommercial

Melixa Court, 6th Floor, 229, Arch. Makarios III Ave, P.O. Box 51117,3721 Limassol, Cyprus

Tel No: +357-2558 8988, Fax No: +357-2558 3254 E-Mnil: ndmin@shh com cv

Website: www.shh-adjuslers.com Associated

Offices inLondonandHamburg

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Inconsideration ofIhedelivery to us or to our order, on payment of the freight due, ofthe goods noted above we agree to pay the proper proportion ofany salvage and/orgeneral average and/or special charges which may hereafter be ascertained to be due from the goods or the shippers or owners thereof under an adjustment prepared in accordance with the provisions of the contract of affreightment governing the carriage of the goods or, failing any such provision, in accordance with the law and practice of the place where thecommon maritime adventure ended and which is payable in respect of the goods by the shippers or owners thereof.

In casethegoods arconcarried by anothervessel and/or conveyances thefollowingNan-Separation-Agreement shall apply:

It is agreed that in the event of vessel's cargo or part thereofbeing forwarded to original destination by other vessel, vessels or conveyances, rights and liabilities in general average shall not be affected by such forwarding, it being the intention to place the parties concerned as nearly as possible in the same position in this respect as they would have been in the absence of such forwarding and with the adventure continuing by the original vessel for so long as justifiable under the law applicable or under theContract ofAffreightment.

The basis of contribution to general average of the property involved shall be the values on delivery at original destination unless sold or otherwise disposed of short of that destination; but where none of her cargo is carried forward in the vessel she shall contributeonthebasis ofheractual valueon thedateshecompletes dischargeofhercargo.

We alsoagreeto:

0)furnish particulars ofthe valueofthegoods, supported by a copy ofthecommercial invoice rendered to usor, if

- fVillwritingAgents -Stichling TTnhn Hilhrir.h

(Average Adjusters) Ltd.

Meliza Court, 6th Floor, 229, Arch. Makarios HI Ave., P.O. Box 54117,3721 Limassol, Cyprus Tel No: +357-2558 8988, Fax No: +357-2558 3254 E-Mail: admin@shh.com.cy Website: www.shh-adjusters.com Associated

Offices in London and Hamburg

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APPEND1CE 20

L E T T E R O F P R O T E S T

RE: U N SELEN CARGO OF

MONOCALCIUM PHOSPHATE IN BIG BAGS 807, IN PALLETS 628 DICALCIUM PHOSPHATE IN BIG BAGS 275, IN PALLETS 91 CARTAGENA SPAIN / PREVEZA GREECE

As receivers upon completion of Preveza parcel cargo, we strongly protest for your negligent and careless stowage of cargo into hold, and inadequate dunnage between the layers, as you ought to have placed for cargo security.

As a result, 15 big bags MCP discharged torn with most cargo spilled into the hold, almost empty.

3 pallets MCP & 2 pallets DCP discharged broken in loose condition with most bags empty.

As a consequence, due to bad stowage discharge delays.

For all above facts and without prejudice to our rights which we all reserve, we hereby hold MasterA/essel/Ship Owners fully responsible for any loss/ damage/ expenses/ delays will occur due to the above mentioned facts.

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APPENDICE 21

Standard Liner and General Agency Agreement

1.00The Principal hereby appoints theAgent as its LinerAgent for all its owned and/or charteredvessels

Thereafter it shall continue until terminatedby eitherparty giving totheothernotice in writing, in which eventtheAgreement shall terminateupon theexpiration of aperiod o f... months from the date upon which such notice was given.

1.02 The territory in which theAgent shall perform its duties under theAgreement shall be.............

hereinafter referred to as the “Territory”.

1.03 ThisAgreement covers the activities described in section 3 .........................

1.04TheAgent undertakes not to accept the representation of other shipping companies nor to engage in NVOCC or such freight forwarding activities in theTerritory, which are in direct competition to any of the Principal’s transportation activities, without prior written consent, which shall notunreasonably be withheld

1.05The Principal undertakes notto appoint any otherparty in theAgent’s Territory for the services defined in thisAgreement

1.06The established customofthe trade and/orport shall apply and formpart of thisAgreement

1.07In countries where theposition ofthe agent is in any way legallyprotectedor regulated, theAgent shall have the benefitofsuchprotection orregulation.

1.08All aspects ofthePrincipal*s business are tobe treatedconfidentially and all files andrecords pertaining to this business are tbeproperty ofthe Principal

2.0Duties of theAgent

2.01To represent the Principal in the Territory, using his best endeavours to comply at all times with any reasonable specific instructions which the Principal may give, including the use ofPrincipal’s documen­ tation, terms and conditions.

2.02In consultation with the Principal to recommend and/or appoint on the Principal’s behalfand account, Sub-Agents.

2.03In consultation with the Principal to recommend and/orto appoint on the Principal’s behalfand account, Stevedores, Watchmen, Tallymen, Terminal Operators, Hauliers andall kinds of suppliers.

2.04TheAgent will not beresponsible for the negligent acts or defaults of the Sub-Agent or Sub-Contrac­ tor unless theAgent fails to exercise due care in the appointment and supervision of such Sub-Agent or SubContractor, Notwithstanding the foregoing the Agent shall be responsible for the acts of his subsidiary companies appointed within the context of this Clause.

2.05The Agent will always strictly observe the shipping laws and regulations of the country and will indem­ nify thePrincipal for fines, penalties, expenses or restrictions that may arise due to the failure of the Agent to comply herewith.

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Activities of Agent (Delete those which do not apply)

3.1Marketing and Sales

3.11To provide marketing and sales activities in the Territory, in accordance with general guidelines laid down by the Principal, to canvass and book cargo, to publicise the services and to maintain contact with Shippers, Consignees, Forwarding Agents, Port and other Authorities and Trade Organisations.

3.12To provide statistics and information and to report on cargo bookings and use of space allotments. To announce sail­ ing and/or arrivals, and to quote freight rates and announce freight tariffs and amendments.

3.13To arrange for public relations work (including advertising, press releases, sailing schedules and general promotional material) in accordance with the budget agreed with the Principal and for his account

3.14To attend to conference, consortia and /or alliance matters on behalf o f the Principal and for the Principal’s account

3.15To issue on behalf of the Principal B ills o f Landing and Manifests, delivery orders, certificates and such other documents.

3.2Port Agency

3.21To arrange for berthing o f vessels, loading and discharging o f the cargo, in accordance with the local custom and conditions.

3.22To arrange and co-ordinate all activities o f the Terminal Operators, Stevedores, Tallymen and all other Contractors, *n the interest of obtaining the best possible operation and despatch of the Principal’s vessel.

3.23To arrange for calling forward, reception and loading of outward cargo and discharge and release of inward cargo and to attend to the transhipment of through cargo.

3.24To arrange for bunkering, repairs, husbandry, crew changes, passengers, ship’s stores, spare parts, technical and nauti­ cal assistance and medical assistance.

3.25To carry out the Principal's requirements concerning claims handling, P & I matters, General Average and/or insur­ ance, and the appointment of Surveyors.

326 To attend to all necessary documentation and to attend to consular requirements. -

3.27To arrange for and attend to the clearance of the vessel and to arrange for all other services appertaining to the vessel’s movements through the port

328To report to the Principal the vessel’s position and to prepare a statement o f facts of the call and/or a port log

329To keep the Principal regularly and timely informed on Port and working conditions likely to affect the despatch of the Principal’s vessels.

32 Container and Ro/Ro Traffic

Where “equipment” is referred to in the following section it shall comprise container, flat racks, trailers or similar cargo carrying devices, owned, leased or otherwise controlled by the Principal.

331 To arrange for the booking of equipment on the vessel.

3.32To arrange for the stuffing and unstuffing of LC L cargo at the port and to arrange for the provision o f inland L C L terminals.

323To provide and administer a proper system, or to comply with the principal’s system for the control and registration of equipment To organise equipment stock within the Territory and make provision for storage, positioning and repositioning of the equipment.

324To comply with Customs requirements and arrange for equipment interchange documents in respect of the move­ ments for which theAgent is responsible and to control the supply and use of locks, seals and labels.

3.35To make equipment available and to arrange inland haulage.

3.36To undertake the leasing of equipment into and re-delivery out of the system.

327To operate an adequate equipment damage control system in compliance with the Principal’s instructions. To arrang< for equipment repairs and maintenance, when and where necessary and to report on the condition of equipment unde the Agent’s control.

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