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B/L TERMS & CONDITIONS

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1. Application and definitions
1.1
Notwithstanding the heading Combined Transport Bills of Lading the provision set out and reffered to in this document shall also apply if the transport as described on the face of the Bill of Lading is performed by one mode of transport only.
1.2
Merchant means and includes the Shipper, the Consignor, the Consignee, the Holder of this Bill of Lading, the Receiver and the Owner of the Goods. The Consolidator means the issuer of this Bill of Lading as named on the face of it. Carriers means the owner/s or the character/s of the vessel/s named herein.

2. Issuance of the Combined Transport Bill of Lading
2.1 By the issuance of this Combined Transport Bill of Lading, the Consolidator
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
Bill of Lading.
b) Assumes liability as set out in these Conditions.
2.2 For the purpose and subject to the provisions of this Bill of Lading, the
Consolidator shall be responsible for the acts and omisions of any person of
whose services he makes use for the performance of the contract evidenced by
this Bill of Lading.

3. Negotiability and title to the goods
3.1 By accepting this Bill of Lading the Merchant and his transferees agree with
the Consolidator that, unless it is marked-non-negotiable. It shall constitute title
to the goods and the holder by endorsement of this Bill of Lading, shall be entitled
to receive or to transfer the goods herein mentioned.
3.2 This Bill of Lading shall be prima facie evidence of the taking in charge by
the Consolidator of the goods as herein described. However, proof to the contrary
shall not be admissible when this Bill of Lading has been negotiated or transferred
for valuable consideration to a third party acting in good faith.

4. Dangerous Goods and indemnity
4.1 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 Consolidator 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.
4.2 If the Merchant fails to provide such information and the Consolidator 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 Consolidator
knew the exact nature of the danger constituted by the carriage of the said goods
shall rest upon the person entitled to the goods.
4.3 If any goods shipped with the knowledge of the Consolidator 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
by the consolidator without liability on the part of the except Consolidator to
General Average, if any.

5. Description of Goods and Merchants Packing
5.1 The Consigner shall be deemed to have guaranteed to the Consolidator the
accuracy at the time the goods were taken in charge by the Consolidator of the
description of the goods, marks, number, quantity, weight and or volume as
furnished by him and the Consignor shall indemnify the Consolidator against all
loss, damage and expenses arising or resulting from inaccuracies in or inadequacy
of such particulars. The right of the Consolidator to such indemnity shall in no way
limit his responsibility and liability under this Bill of Lading to any person other
than the Consignor.
5.2 Without prejudice to clause 6(A) (2) (c), 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 liats when such
loading or packing has been performed by the Merchant or on behalf of the
Merchant by a person other than the Consolidator, or by the defect or unsuitability
of the containers, trailers or liats when supplied by the Merchant, and shall
indemnify the Consolidator against any additional expenses so caused.

6. Extent of Liability
A
1) 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 consolidator shall be held liable only under his capacity
as a forwarder.
2) The Consolidator 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 Consolidator acting
on behalf of the Merchant or from whom the Consolidator look the goods in charge
b) insufficiency of defective condition of the packaging or marks and or numbers
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 Consolidator could not avoid by the exercise of reasonable diligence
f) any cause or event which the Consolidator 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.
3) 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 Consolidator.
When the Consolidator 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 b) to d) 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 event.
B
When in accordance with clause 6.A.1 the Consolidator is liable to pay compensation
in respect of loss or damage to the goods and the stage of transport where the
loss or damage occurred is known, the liability of the Consolidator in respect of
such loss or damage shall be determined by the provisions contained in any
International Convention or national law, which provisions.
i) Cannot be departed from by private contract, to the detriment of the claimant and
ii) would have applied if the Claimant had made a separate and direct contract
with the Consolidator in respect of the particular stage of transport where the
loss or damage occurred and received as evidence thereof any particular document
which must be issued in order to make such international convention or national
law applicable.

7. Identify of Carrier
The Contract evidenced by this Bill of Lading is between the Merchant and the
Owner of the vessel named herein (or substitute) and it is therefore agreed that
said Shipowner only shall be liable for any loss or damage due to any breach or
non-performance of any obligation arising out of the contract of carriage, whether
or not relating to vessels the seawothiness, if, despite the foregoing, it is adjudged
that any other is the Carrier and/or bailee of the goods shipped hereunder, all
limitations of and exonerations from, liability provided for by law or by this Bill
of Lading shall be available to such other.
It is further understood and agreed that as the Line Company or Agents who has
executed this Bill of Lading for and on behalf of the Master is not a principal in
the transaction, said Line, Company or Agents shall not be under any liability
arising out of the contract of carriage, nor as Carrier nor bailee of the goods.

8. 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.

9. Limitation Amount
9.1 When the Consolidator 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.
9.2 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.
9.3 Compensation shall not, however, exceed GBP 100 per package/unit of goods
lost or damaged, unless with the consent of the Consolidator, the Merchant has
declared a higher value for the goods and such higher value has been stated in
the CT Bill of Lading, in which case higher value shall be the limit. However, the
Consolidator shall not in any case, be liable for an amount greater than the actual
loss to the person entitled to make the claim.

10. Delay Consequential Loss, etc.
Arrival times are not guaranteed by the Consolidator. If the Consolidator is held
liable in respect of delay, consequential loss or damage other than loss of or
damage to the goods, the liability of the Consolidator shall be limited to double
the freight for the transport covered by this Bill of Lading, or the value of the
goods as determined in clause 8, whichever, is the less.

11. Defences
11.1 The defences and limits of liability provided for in these Conditions shall
apply in any action against the Consolidator for loss of or damage or delay to the
goods whether the action be founded in contract or in tort.
11.2 The Consolidator shall not be entitled to the benefit of the limitation of
liability provided for in paragraph 3 of Clause 8 if it is proved that the loss or
damage resulted from an act or omission of the Consolidator done with intent to
cause damage or recklessly and with knowledge that damage would probably result.

12. Sub-Contracting
12.1 In addition to the liberties given to the Consolidator under the other clauses
hereof It is agreed that the Consolidator 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 Consolidator in relation
to the goods.
12.2 The expression “Subcontractor” in this clause shall include direct and
indirect subcontractors, including stevedores and their respective servants
and agents.

13. Liability of Servants and Sub-Contractors
13.1 If an action for loss of or damage to the goods is brought against a person
referred to in paragraph 2 of Clause 2, such person shall be entitled to avail
himself of the defences and limits of liability which the Consolidator is entitled
to invoke under these Conditions.
13.2 However, if it is proved that the loss or damage resulted from an act or
omission 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 6.
13.3 Subject to the provisions paragraph 2 of clause 10 and paragraph 2 of this
Clause, the aggregate of the amounts recoverable from the Consolidator and the
person referred to in paragraph 2 of Clause 2 shall in no case exceed the limits
provided for in these conditions.

14. Method and Route of Transportation
The Consolidator reserves to himself a reasonable liberty as to the means, route
and procedure to be followed in the handling, storage and transportation of goods.

15. Delivery
If delivery of the goods or any part thereof is not taken by the Merchant, at the
time and place when and where the Consolidator is entitled to call upon the
Merchant to take delivery thereof, the Consolidator shall be entitled to store the
goods or the part thereof at the sole risk of the Merchant, where upon the liability
of the Consolidation 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 Consolidator or any agent or sub-contractor of the Consolidator)
shall forthwith upon demand be paid by the Merchant to Consolidator.

16. Freight and Charges
16.1 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.
16.2 Freight and all other amounts mentioned in this Bill of Lading are to be paid
in the currency named in the Bill of Lading or, at the Consolidator’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 Consolidator on the date of
the Bill of Lading.
16.3 All dues, taxes and charges or other expenses in connection with the goods
shall be paid by the Merchant.
16.4 The Merchant shall reimburse the Consolidator 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.
16.5 The Merchant warrants the correctness of the declaration of contents,
insurance, weight, measurements or value of the goods but the Consolidator
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 Consolidator 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.

17. Lien
The Consolidator shall have a lien on the goods for any amount due under this
Bill of Lading including storage fees and for the cost recovering same, and may
enforce such lien in any reasonable manner which he may think fit.

18. General Average
The Merchant shall indemnify the Consolidator 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 Consolidator in this connection.

19. Notice
Unless notice of loss of or damage to the goods and the general nature of it be
given in writing to the Consolidator or the person referred to in paragraph 2 of
Clause 2, at the place delivery before or at the time of the removal of the goods
into the custody of the person entitled to delivery thereof under this Bill of Lading,
or of the loss or damage be not apparent, within seven consecutive days thereafter,
such removal shall be prima facie evidence of the delivery by the Consolidator
of the goods as described in this Bill of Lading.

20. Non delivery
Failure to effect delivery within 90 days after the expiry of a time limit agreed and
expressed in a CT Bill of Lading 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.

21. Time Bar
The Consolidator 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 18, 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.

22. Jurisdiction
The contract evidenced by this Bill of Lading shall be governed by Greek law, and
all matters of whatever nature arising out of or concerned with this Bill of Lading
shall be determined in 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
Consolidator for all the costs he will have to bear due to this violation.

 


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