1. Application and definitions
1.1 Notwithstanding the heading "Combined Transport", the provisions set out and referred to in this Sea Waybill shall also apply, if the transport as described in this Sea Waybill is performed by one mode of transport only.
1.2 This Sea Waybill is issued for a freight forwarding contract which is not covered by a Bill of Lading or similar document or title. 1.3 No Bill of Lading or similar document of title has been issued or will be issued. This Sea Waybill confers no title to the Goods and is non-transferrable and non-negotiable. 1.4 The present Conditions shall apply to all transactions for all operations of the Freight Forwarder pertaining to the conduct of the carriage. 1.5 The Conditions prevail over any different local commercial customs and business usage, as well as different legislative provisions and provisions of international conventions, unless the latter are ius cogens. 1.6 “Carrier” means the owner/s or the charterer/s of the vessel/s named herein. “Consignee” means the person entitled to receive the goods from the Freight Forwarder. “Freight Forwarder” means the issuer of this Sea Waybill as named on the face of it. “Merchant” means and includes the Shipper, the Consignor, the Consignee, the Holder of this, Sea Waybill the Receiver and the Owner of the Goods. 2. Freight Forwarding Contract Assignment of Freight Forwarding Services is the contract by virtue of which the Freight Forwarder undertakes, against payment, the obligation against the sender or the consignee of the goods to carry them to the place of delivery, not conducting the carriage himself, but finding the carrier who shall carry the goods and with whom the Freight Forwarder concludes a contract of carriage in his name but on the sender's or the consignee's account. 3. Issuance of the Sea Waybill 3.1By the issuance of this Combined Transport Sea Waybill, the Freight Forwarder: a) undertakes to organize the performance of the entire transport from the place at which the goods are taken in charge to the place designated for delivery in this Sea Waybill. b) Assumes liability as set out in these Conditions. 3.2 For the purpose and subject to the provisions of this Sea Waybill, the Freight Forwarder shall be responsible for the acts and omissions of any person of whose services he makes use for the performance of the contract evidenced by this Sea Waybill. 4. Obligations of Merchant 4.1 The conclusion of the contract for the conduct of carriage by the Freight Forwarder is binding on the Merchant. 4.2 The Merchant shall bear all expenses and fees arising from the performance of the said contract. 4.3 The Merchant is required to take all necessary steps for the performance of the contract. The Freight Forwarder shall not be responsible for any problems that may arise from non-performance or delayed performance of the obligations on the Merchant's part. 5. Merchant's instructions The Freight Forwarder is obliged to follow the Merchant's instructions arising from the said contract and contained in it. In case of lack of instructions on the Merchant's part to the Freight Forwarder the latter shall decide at his discretion. The Merchant shall be liable for any consequences that may arise from erroneous or incomplete instructions. 6. Order addressed to Freight Forwarder 6.1 The order addressed to the Freight Forwarder should contain the precise address of the consignor and the consignee, the place of loading and delivery, the nature of the goods, the quantity, the contents of the boxes, their dimensions, their gross weight any other necessary particulars required for the performance of the carriage. The Merchant shall bear the liability for damages resulting from incomplete or erroneous particulars. If the Freight Forwarder has not been given a relevant order in writing, he shall not be obliged to check or fill the said particulars or other statements of the Merchant. 6.2 The Freight Forwarder shall state in the receipt issued by him the content, value, quantity, weight of packaging of the goods in transport as furnished by the Merchant. 7. Dangerous Goods and indemnity 7.1 The Merchant shall comply with rules which are mandatory according to the national law or by reason of international Convention, relating to the carriage of goods of a dangerous nature and shall in any case inform the Freight Forwarder in writing of the exact nature of the danger before goods of a dangerous nature are taken in charge by the Freight Forwarder and indicate to him, if need be, the precautions to be taken. 7.2 If the Merchant fails to provide such information and the Freight Forwarder is unaware of the dangerous nature of the goods and the necessary precautions to be taken and if at any time they are deemed to be hazard to life or property, they may at any place be unloaded, destroyed or rendered harmless, as circumstances may require, without compensation, and the Merchant shall be liable for all loss, damage, delay or expenses arising out of their being taken in charge, or their carriage, or of any service incidental thereto. The burden of proving the Freight Forwarder knew the exact nature of the danger constituted by the carriage of the said goods shall rest upon the person entitled to the goods. 7.3 If any goods shipped with the knowledge of the Freight Forwarder as in their dangerous nature shall become a danger to the vehicle or cargo, they may in like manner be unloaded or landed at any place or destroyed or rendered innocuous. If such danger was not caused by the fault and neglect of the Freight Forwarder, he shall have no liability and the Merchant shall indemnify him against all loss, damage, liability and expense arising there from. 7.4 If, due to erroneous or incomplete instructions, the Freight Forwarder undertook the care of the carriage of goods which by nature cannot be accepted, or can only be accepted subject to special circumstances, for instance i.e. explosives, inflammable, corrosive, radioactive agents or fume emitting substances, the order should be deemed null and void. If, however, the carriage is performed, the Freight Forwarder shall not bear responsibility for all damages and expenses that may occur. On the other hand, he shall be entitled to take any necessary step for the protection οf the rest of the goods in transport, of the individuals and of the environment, and the Merchant shall bear the expenses. 8. Description of Goods and Merchants Packing 8.1 The Merchant shall be deemed to have guaranteed to the Freight Forwarder the accuracy, at the time the goods were taken in charge by the Freight Forwarder, of the description of the goods, marks, number, quantity, weight and or volume as furnished by him and the Merchant shall indemnify the Freight Forwarder against all loss, damage and expenses arising or resulting from inaccuracies in or inadequacy of such particulars. The Merchant shall remain liable even if the Sea Waybill has been transferred by him. The right of the Freight Forwarder to such indemnity shall in no way limit his responsibility and liability under this Sea Waybill to any person other than the Merchant. 8.2 The Merchant shall be liable for any loss, damage or injury caused by faulty or insufficient packing of goods or by faulty loading or packing within containers and trailers and on flats when such loading or packing has been performed by the Merchant or on behalf of the Merchant by a person other than the Freight Forwarder, or by the defect or unsuitability of the containers, trailers or flats when supplied by the Merchant, and shall indemnify the Freight Forwarder against any additional expenses so caused. 9. Extent of Liability 9.1 The responsibility of the Freight Forwarder for the goods under these conditions covers the period from the time the Freight Forwarder has taken the goods in his charge to the time of their delivery. 9.2 The liability for any loss or damage of the goods occurring between the time the goods were taken in charge by the carrier/s and the time of delivery, rests solely with the carrier/s. The Freight Forwarder shall be held liable only under his capacity as a Freight Forwarder. 9.3 The Freight Forwarder shall, however, be relieved of liability for any loss or damage if such loss or damage was caused by: a) an act or omission of the Merchant, or person other than the Freight Forwarder acting on behalf of the Merchant or from whom the Freight Forwarder took the goods in charge b) insufficiency or defective condition of the packaging or marks and/or numbers. In such cases, the Freight Forwarder is authorised to accept reservations from the carriers, warehouse-keepers and consignees relating to the packaging of the goods. c) handling, loading, stowage or unloading of the goods by the Merchant or any person acting on behalf of the Merchant d) inherent vice of the goods e) strike, lockout, stoppage or restraint of labour, the consequences of which the Freight Forwarder could not avoid by the exercise of reasonable diligence f) any cause or event which the Freight Forwarder could not avoid and the consequences whereof he could not prevent by the exercise of reasonable diligence g) a nuclear incident if the operator of a nuclear installation or a person acting for him is liable for this damage under an applicable international convention or national law governing liability in respect of nuclear energy h) theft in the sense of art. 374 of Penal Code or to robbery in the sense of art. 380 of Penal Code i) the existence of legal or administrative restrictions and difficulties upon performance of the contract of carriage (lack of or delayed receipt of documents, customs clearance certificates, import or export documents etc.) The Freight Forwarder shall not be liable for carriage costs, costs for clearance, duties, taxes and other expenses which have erroneously been imposed by the relevant authorities j) force majeure, bad weather conditions, damage to machines, wiring system, other goods, damage caused by animals or damage to goods through wear and tear. In such cases, the Freight Forwarder shall be liable only if it is presumed that he deliberately caused the damage k) damage which occurred while the goods were in the port's warehouses, in a bonded warehouse or in another public warehouse. 9.4 The burden of proving that the loss or damage was due to one or more of the above causes or events shall rest upon the Freight Forwarder. When the Freight Forwarder establishes that, in the circumstances of the case, the loss or damage could be attributed to one or more of the causes or events specified from (a) to (k) above, it shall be presumed that it was so caused. The claimant shall, however, be entitled to prove that the loss or damage was not, in fact caused wholly or partly by one or more of these causes or events. 9.5 If the Merchant's instructions evidenced in the Freight Forwarding contract place limits to the Freight Forwarder's freedom to act, then there should be respective limitation of his liability. If damage to the goods occurs, which is directly connected to the Merchant's instructions, the Freight Forwarder shall be released from his liability. 9.6 If the carriage is based on a consolidated contract (combined transport), the Freight Forwarder shall be liable for damage to or loss of the goods in transport in accordance with the law governing the Freight Forwarder's liability during the last module of the transport. 10. Limitation Amount
10.1 When the Freight Forwarder is liable for compensation in respect of loss of or damage to the goods, such compensation shall be calculated by reference to the value of such goods at the place and time they are delivered to the Consignee in accordance with the contract or should have been so delivered. 10.2 The value of goods shall be fixed according to the current commodity exchange price, or, if there be no such price, according to the current market price, or, if there be no commodity exchange price or current market price, by reference to the normal value of goods of the same kind and quality.
10.3 Compensation shall not, however, exceed 666.67 SDR per package or unit or 2 SDR per kilogram of gross weight of the goods lost or damaged, unless with the consent of the Freight Forwarder, the Merchant has declared a higher value for the goods and such higher value has been stated in the Sea Waybill, in which case higher value shall be the limit. However, the Freight Forwarder shall not in any case, be liable for an amount greater than the actual loss to the person entitled to make the claim.
10.4 Notwithstanding the provisions above, if the Sea Waybill does not, according to the contract, include carriage of goods by sea or inland waterways, the liability of the Freight Forwarder shall be limited to an amount not exceeding the limits provided for in the respective international conventions on road, railway and air transportation.
10.5 Where a container, pallet or similar articles of transport is used to consolidate goods, the number of packages or units enumerated in this Sea Waybill as packed in such article of transport shall be deemed the number of packages or units for the purpose of this package or unit. Except as aforesaid such article of transport shall be considered the package or unit.
11. Delay, Consequential Loss, etc.
11.1 Arrival times are not guaranteed by the Freight Forwarder. In the absence of a prior agreement in writing, the Freight Forwarder shall not guarantee either a specific date for delivery or a specific order list of priority for the carriage. The simple notification of the date of delivery on the Customer's part shall not create an obligation on the Freight Forwarder's part.
11.2 The Freight Forwarder shall not be liable for the consequences that may arise due to incorrect information provided by carriers or their agents in relation to the dates or the terms of carriage, discharge or delivery of goods.
11.3 If the Freight Forwarder is held liable in respect of delay, consequential loss or damage other than loss of or damage to the goods, the liability of the Freight Forwarder shall be limited to double the freight for the transport covered by this Sea Waybill, or the value of the goods as determined in clause 11, whichever, is the less.
12. VGM disclaimer
12.1 It is the sole responsibility of the Merchant to provide Freight Forwarder, electronically or by any other means, as agreed by the parties, with the VGM details of each container prior to the deadline stipulated by the carrier for submission (VGM cut-off time), unless otherwise expressly agreed between the parties.
12.2 In case no VGM details are made available timely or in case the VGM details are not accurate, carrier shall be under no obligation to commence or continue carriage of that container and Freight Forwarder may return the container to the Merchant.
12.3 In case of paragraph 2, a subsequent delay of the shipment may occur, and non-compliance may result in additional costs for, but not limited to, stevedoring, transportation, storage, weighing as well as penalties and/or administrative charges. Unless otherwise expressly agreed, Merchant shall bear all additional costs and Freight Forwarder shall under no circumstances be held responsible or liable for them.
12.4 Freight Forwarder is not responsible for the accuracy of the tare weight information of any equipment that has been provided by the vessel operator or shipping line.
12.5 Merchant shall be held responsible for any incorrect or delayed VGM details and shall indemnify and hold Freight Forwarder harmless from any claims, losses, fines, penalties and/or delays resulting from inaccurate, incomplete or delayed VGM details.
13. Defenses
13.1 The defenses and limits of liability provided for in these Conditions shall apply in any action against the Freight Forwarder for loss of or damage or delay to the goods whether the action be founded in contract or in tort.
13.2 The Freight Forwarder shall not be entitled to the benefit of the limitation of liability provided for, if it is proved that the loss or damage resulted from an act or omission of the Freight Forwarder done with intent to cause damage or recklessly and with knowledge that damage would probably result.
14. Sub-Contracting
14.1 In addition to the liberties given to the Freight Forwarder under the other clauses hereof it is agreed that the Freight Forwarder shall be entitled to subcontract on any terms the whole or any part of the carriage, loading, unloading, storing, warehousing, handling and any and all duties whatsoever undertaken by the Freight Forwarder in relation to the goods.
14.2 The expression “Subcontractor” in this clause shall include direct and indirect subcontractors, including stevedores and their respective servants and agents.
15. Liability of Servants and Sub-Contractors
15.1 If an action for loss of or damage to the goods is brought against a person referred to in paragraph 2 of Clause 3, such person shall be entitled to avail himself of the defenses and limits of liability which the Freight Forwarder is entitled to invoke under these Conditions.
15.2 However, if it is proved that the loss or damage resulted from an act or omission of this person, done with intent to cause damage or recklessly and with knowledge that damage would probably result, such person shall not be entitled to benefit of limitation of liability provided for in paragraph 3 of clause 10.
15.3 Subject to the provisions of paragraph 3 of Clause 11 and paragraph 2 of this Clause, the aggregate of the amounts recoverable from the Freight Forwarder and the person referred to in paragraph 2 of Clause 3 shall in no case exceed the limits provided for in these conditions.
16. Method and Route of Transportation
16.1. The Freight Forwarder reserves to himself a reasonable liberty as to the means, route and procedure to be followed in the handling, storage and transportation of goods.
16.2 The goods may be stowed into or on containers, trailers, transportable tanks, flats, pallets or similar articles of transport used to consolidate goods.
16.3 Containers, trailers and transportable tanks whether stowed or received in a stowed condition from the Merchant may be carried on or under deck without notice to the Merchant.
17. Delivery
17.1 The Freight Forwarder's responsibility shall cease when the Goods have been delivered to the Merchant or any other person entitled to receive the Goods on his behalf at the place designated by the Freight Forwarder.
17.2. If delivery of the goods or any part thereof is not taken by the Merchant, at the time and place when and where the Freight Forwarder is entitled to call upon the Merchant to take delivery thereof, the Freight Forwarder shall be entitled to store the goods or the part thereof at the sole risk of the Merchant, where upon the liability of the Freight Forwarder in respect of the goods of that part thereof stored as aforesaid (as the case may be) shall wholly cease and the cost of such storage (if paid by or payable by the Freight Forwarder or any agent or sub-contractor of the Freight Forwarder) shall forthwith upon demand be paid by the Merchant to Freight Forwarder.
17.3 If at any time the carriage under this Sea Waybill is or is likely to be affected by any hindrance or risk of any kind (including the condition of the goods) not arising from any fault or neglect of the Freight Forwarder or a person referred to in paragraph 3 Clause 2 and which cannot be avoided by the exercise of reasonable endeavours, the Freight Forwarder may abandon the carriage of the goods and, where reasonably possible, place the goods or any part of them at the Merchant’s disposal at any place which the Freight Forwarder may deem safe and convenient, whereupon delivery shall be deemed to have been made, and the responsibility of the Freight Forwarder in respect of such goods shall cease. In any event, the Freight Forwarder shall be entitled to full freight and the Merchant shall pay any additional costs resulting from the above mentioned circumstances.
17.4 If the Consignee refuses to receive the transported goods, the Freight Forwarder shall be entitled to return them to the Customer at the latter's expense. The Customer shall bear the risk for the return of the goods. The Customer shall be held liable for any expenses resulting from the non-acceptance of the goods on the Consignee's part.
18. Freight and Charges
18.1 Freight shall be paid in cash without discount and, whether prepayable or payable at destination shall be considered as earned on receipt of the goods and not to be returned or relinquished in any event.
18.2 Freight and all other amounts mentioned in this Sea Waybill are to be paid in the currency named in the Sea Waybill or, at the Freight Forwarder’s option in the currency of the country of despatch or destination at the highest rate of exchange for bankers sight bills current for prepayable freight on the day of despatch and for freight payable at destination on the day when the Merchant is notified of arrival of the goods there or on the date of withdrawal of the delivery order, whichever rate is the higher, or at the option of the Freight Forwarder on the date of the Sea Waybill.
18.3 All dues, taxes and charges or other expenses in connection with the goods shall be paid by the Merchant.
18.4 The Merchant shall reimburse the Freight Forwarder in proportion to the amount of freight for any cost for deviation or delay or any other increase of costs of whatever nature caused by war, warlike operations, epidemics, strikes, government directions and force majeure.
18.5 The Merchant warrants the correctness of the declaration of contents, insurance, weight, measurements or value of the goods but the Freight Forwarder reserves the right to have the contents inspected and the weight, measurements or value verified. If on such inspection it is found the declaration is not correct it is agreed that a sum equal either to five times the difference between the correct figure and the freight charged, or to double the correct freight less the freight charged whichever sum is the smaller, shall be payable as liquidated damage to the Freight Forwarder for his inspection costs and losses of freight on other goods notwithstanding any other sum having been stated on the Bill of Lading as freight payable.
19. Insurance on goods
19.1 The Freight Forwarder shall be obliged to insure the goods on the Merchant's behalf only if he has been given an express order in writing, in which the amount insured as well as the risks covered shall be mentioned.
19.2 The fact that the Freight Forwarder insured the goods of the same Merchant under previous contracts of carriage does not give rise to Freight Forwarder's obligation to insure any subsequent goods of the same Merchant. The sole reference of the value of goods cannot be regarded as an order to insure.
19.3 The Freight Forwarder shall not undertake the insured's obligations upon receipt of the insurance policy. He shall, however, have to take all the necessary measures for the maintenance of the claim arising from the insurance contract. 19.4 If the Merchant does not specify the covered risks in writing, the insurance on the goods shall be taken out for all the usual risks and exclusions as the same are specified by the insurance company.
19.5 The Freight Forwarder can never be regarded as a co-insurer.
20. Container packed by merchant
20.1 In case the cargo received is container (s) into which contents have been packed by or on behalf of the Merchant, the Freight Forwarder shall only be responsible for delivery of the total number of container (s) shown on the face hereof, and shall not be required to unpack the container (s) and deliver the contents thereof in accordance with brands, marks, numbers, sizes or types of packages or pieces. Freight Forwarder accepts no responsibility with respect to the order and condition of the contents of the containers.
20.2 Merchant warrants that the stowage and seals of the containers are safe and proper and suitable for handling and carriage and indemnifies Carrier for any injury, loss or damage caused by breach of this warranty.
20.3 Delivery shall be deemed as full and complete performance when the containers are delivered by Carrier with the seals intact.
21. Temporary storage
21.1 The goods shall temporarily be stored, at the Freight Forwarder's discretion, in his own warehouses or in those owned by third parties (either privately-owned or State ones).
21.2 If the Freight Forwarder temporarily stores the goods in a warehouse owned by a third party, the same conditions shall apply to his relationship with the Merchant as the ones that apply to his relationship with this third party. The Freight Forwarder shall be obliged to send the conditions of storage to the Merchant upon request.
21.3 The Freight Forwarder is obliged to ensure the safety or the protection of the storage areas only if the same belong to him or are rented by him and only if such an obligation is dictated by good faith and business usage or at the Merchant’s request.
21.4 Any inspection or sample taking from the goods which must be held while the goods are temporarily stored shall have to have been agreed in advance and only be performed in the Freight Forwarder's presence or in the presence of one of his employees who has been instructed accordingly.
21.5 In case the party entitled to take delivery of the temporarily stored goods refuses to get them, the Freight Forwarder shall be entitled to sell them, following the lapse of 6 months, provided he has sent a registered letter to this effect prior to the lapse of the 6-month period. The sale price of the things shall be given to the party entitled to receive them, following a deduction of the amount corresponding to the fees and expenses of the Freight Forwarder.
22. Lien The Freight Forwarder shall, to the extent permitted by the applicable law, have a general lien on the Goods and any documents relating thereto for any amount due at any time to the Freight Forwarder from the Merchant including storage fees and the cost of recovering same, and may enforce such lien in any reasonable manner which he may think fit.
23. Set-off The claims for the payment and expenses of the Freight Forwarder arising from the conduct of the carriage shall be made in full without any set-off, restriction or condition and without any deduction or withholding for or on account of a counter claim unless Merchant is required by law to make such deduction or withholding.
24. Notice
24.1 Unless notice of loss of or damage to the goods, specifying the general nature of such loss or damage, is given in writing by the consignee to the Freight Forwarder when the goods are delivered to the consignee, such handing over is prima facie evidence of the delivery by the Freight Forwarder of the goods as described in this Sea Waybill.
24.2 Where the loss or damage is not apparent, the same prima facie effect shall apply if notice in writing is not given within 6 consecutive days after the day when the goods were delivered to the Consignee.
24.3 Upon failure to comply with the above obligations, it is presumed that the damage occurred following the delivery of the goods.
24.4 If the notice for the damage is given at a point when the Freight Forwarder cannot take steps against third parties, he shall not bear any responsibility for the consequences.
25. Delivery
25.1 The goods shall be delivered to the consignee upon production of proper identification.
25.2 The Freight Forwarder shall be under no liability for wrong delivery if he can prove that he has exercised reasonable care to ascertain that the party claiming to be the consignee is in fact that party
26. Non-delivery Failure to effect delivery within 90 days after the expiry of a time limit agreed and expressed in a Sea Waybill or, where no time limit is agreed and so expressed, failure to effect delivery within 90 days after the time it would be reasonable to allow for diligent completion of the combined transport operations shall, in the absence of evidence to the contrary, give to the party entitled to receive delivery, the right to treat the goods as lost.
27. General Average The Merchant shall indemnify the Freight Forwarder in respect of any claims of a General Average nature which may be made on him and shall provide such security as may be required by the Freight Forwarder in this connection.
28. Time Bar The Freight Forwarder shall be discharged all liability under the rules of these conditions unless suit is brought within nine months after: i) the delivery of the goods, or ii) the date when the goods would have been delivered, or iii) the date when in accordance with Clause 25, failure to deliver the goods would, in the absence of evidence to the contrary, given to the party entitled to receive delivery the right to treat the goods as lost.
29. Paramount Clause The Hague Rules contained in the International Convention for the unification of certain rules relating to Bills of Lading dated Brussels 25th August 1924, or in those countries where they are already in force the Hague-Visby Rules contained in the Protocol of Brussels dated February 23rd 1968, as enacted in the Country of Shipment, shall apply to all carriage of goods by sea and, where no mandatory international or national law applies, to the carriage of goods by inland waterways also, and such provisions shall apply to all goods whether carried on deck or under deck, all the costs he will have to bear due to this violation.
30. Jurisdiction The contract evidenced by this Sea Waybill shall be governed by Greek law, and all matters of whatever nature arising out of or concerned with this Sea Waybill shall be determined at the Thessaloniki courts to the exclusion of the jurisdiction of the courts of any other place. In case of violation of the jurisdiction Clause the Merchant shall indemnify the Freight Forwarder for all the costs he will have to bear due to this violation. |