Terms & Conditions
Of Carriage

1. Definitions

In this Bill of Lading, the following words shall have the meanings hereby assigned to them:

• “Carrier” means TMC Logistics and/or the vessel owner, charterer, or operator.
• “Merchant” includes the Shipper, Consignee, holder of this Bill of Lading, the receiver of the Goods, and any person owning or entitled to the possession of the Goods or this Bill of Lading.
• “Goods” includes the whole or any part of the cargo received from the Shipper and includes any equipment or Container not supplied by or on behalf of the Carrier.
• “Container” includes any container, trailer, transportable tank, flat, or pallet.

2. Carrier’s Tariff

The terms of the Carrier’s applicable Tariff are incorporated herein. Copies of the relevant provisions of the applicable Tariff are obtainable from the Carrier upon request. In the case of inconsistency between this Bill of Lading and the applicable Tariff, this Bill of Lading shall prevail.

3. Merchant’s Warranty

The Merchant warrants that in agreeing to the terms hereof he is, or has the authority of, the person owning or entitled to the possession of the Goods and this Bill of Lading. The Merchant further warrants that the particulars relating to the Goods as set out overleaf have been checked by the Shipper on receipt of this Bill of Lading and that such particulars, and any other particulars furnished by or on behalf of the Shipper, are adequate and correct.

4. Sub-Contracting and Indemnity

The Carrier shall be entitled to sub-contract on any terms whatsoever the whole or any part of the carriage, loading, unloading, storing, warehousing, handling, and any and all duties whatsoever undertaken by the Carrier in relation to the Goods.

The Merchant undertakes that no claim or allegation shall be made against any person or vessel whatsoever, other than the Carrier, including, but not limited to, the Carrier’s servants or agents, any independent contractor and his servants or agents, and all others by whom the whole or any part of the carriage, whether directly or indirectly, is procured, performed or undertaken, which imposes or attempts to impose upon any such person or vessel any liability whatsoever in connection with the Goods.

5. Carrier’s Responsibility

(A) Port-to-Port Shipment: When loss or damage has occurred between the time of loading of the Goods by the Carrier at the Port of Loading and the time of discharge by the Carrier at the Port of Discharge, the responsibility of the Carrier shall be determined in accordance with the Hague Rules or any national law making the Hague Rules compulsorily applicable.

(B) Multimodal Transport: If the Carriage is Multimodal (Combined Transport), the Carrier undertakes to perform and/or in his own name to procure performance of the Carriage from the Place of Receipt or the Port of Loading, whichever is applicable, to the Port of Discharge or the Place of Delivery, whichever is applicable. The Carrier shall be liable for loss or damage occurring during the Carriage only to the extent set out below.

6. Notice of Claim and Time Bar

Unless notice of loss or damage and the general nature of such loss or damage be given in writing to the Carrier or his agent at the Port of Discharge or Place of Delivery before or at the time of removal of the Goods into the custody of the person entitled to delivery thereof under the contract of carriage, or, if the loss or damage is not apparent, within three (3) consecutive days thereafter, such removal shall be prima facie evidence of the delivery by the Carrier of the Goods as described in this Bill of Lading.

The Carrier shall be discharged from all liability whatsoever in respect of the Goods unless suit is brought within one (1) year after delivery of the Goods or the date when the Goods should have been delivered.

7. Methods and Routes of Transportation

The Carrier may at any time and without notice to the Merchant: (a) use any means of transport or storage whatsoever; (b) transfer the Goods from one conveyance to another including transshipping or carrying the same on a Vessel other than the Vessel named overleaf; (c) unpack and remove Goods which have been stuffed in or on a Container and forward the same in a Container or otherwise; (d) proceed by any route in his discretion (whether or not the nearest or most direct or customary or advertised route) and proceed to or stay at any place or port whatsoever.

8. Matters Affecting Performance (Force Majeure)

If at any time the carriage is or is likely to be affected by any hindrance, risk, delay, difficulty or disadvantage of any kind (including the condition of the Goods), whenever and howsoever arising (whether or not the carriage has commenced), the Carrier may without notice to the Merchant treat the performance of this contract as terminated and place the Goods at the Merchant’s disposal at any place or port which the Carrier may deem safe and convenient.

9. Dangerous Goods

The Merchant warrants that the Goods are not Dangerous Goods unless the Carrier has expressly agreed in writing to carry the same. The Merchant shall comply with all internationally recognized requirements and all rules and regulations in force in the countries of shipment, transshipment, and discharge. If any Goods shall become a danger to life or property, they may in like manner be unloaded or landed at any place or destroyed or rendered harmless without compensation to the Merchant.

10. Freight and Charges

Freight shall be deemed fully earned on receipt of the Goods by the Carrier and shall be paid and non-returnable in any event. The Merchant’s attention is drawn to the stipulations concerning currency in which the freight and charges are to be paid, rate of exchange, devaluation and other contingencies relative to freight and charges in the applicable Tariff. The Merchant shall reimburse the Carrier for any duties, taxes, demurrage, detention, charges, or other expenses in connection with the Goods.

11. Lien

The Carrier shall have a lien on the Goods and any documents relating thereto for all sums payable to the Carrier under this contract and for general average contributions to whomsoever due. The Carrier shall also have a lien against the Merchant on the Goods and any documents relating thereto for all sums due from the Merchant to the Carrier under any other contract. The Carrier may exercise his lien at any time and any place in his sole discretion.

12. General Average

General Average shall be adjusted, stated and settled according to the York-Antwerp Rules 1994, or any subsequent modification thereof, at any port or place at the option of the Carrier. The Merchant shall give such cash deposit or other security as the Carrier may deem sufficient to cover the estimated general average contribution of the Goods.

13. Jurisdiction and Law

The contract evidenced by or contained in this Bill of Lading shall be governed by English law. Any claim or dispute arising hereunder or in connection herewith shall be subject to the exclusive jurisdiction of the High Court of Justice in London, England, and the Merchant agrees to submit to the jurisdiction of that Court.