TERMS AND CONDITIONS FOR CARRIAGE - ALSO AVAILABLE ON www.hamburgsud-line.

com

1. DEFINITIONS (1) Carry the Goods to the contracted port of discharge or place of delivery, whichever is applicable, by an alternative route to that
“Carrier” means Hamburg Südamerikanische Dampfschifffahrts-Gesellschaft ApS & Co KG, Willy-Brandt-Straße 59 - 65, 20457 Hamburg, indicated on the reverse side hereof or that which is usual for Goods consigned to that port of discharge or place of delivery and shall be
Germany; Commercial Register: Amtsgericht Hamburg HRA 59448; General partner: HS GP ApS, Copenhagen (Denmark), Centrale entitled to charge such additional freight as Carrier may determine; or
Virksomhedsregister (CVR) Nr. 38943936, represented by its managing director Søren Toft (hereinafter “Hamburg Süd”). (2) Suspend the Carriage of the Goods and store them ashore or afloat under these terms and conditions and endeavor to forward them
“Carriage” means the whole or any part of the operations and services undertaken by Carrier in respect of the Goods covered by this bill as soon as reasonably possible and shall be entitled to such storage costs and additional freight as Carrier may determine; or
of lading whether by water, land, or air. (3) abandon the Carriage of the Goods and place them at Merchant’s disposal at any place or port which Carrier may deem safe and
"Charges" includes freight, deadfreight, demurrage and all expenses and money obligations incurred or payable in accordance with the convenient, whereupon the responsibility of Carrier in respect of such Goods shall cease. Carrier shall nevertheless be entitled to full
applicable tariff or this bill of lading. freight on the Goods received for the Carriage as well as any additional costs and Charges of the Carriage to, and delivery and storage
“COGSA” means the U.S. Carriage of Goods by Sea Act. at, such place or port.
"Container" includes any open or closed container, van, trailer, flatbed, flatrack, transportable tank or any similar receptacle whatsoever Carrier election to use an alternative route or to suspend the Carriage under this clause shall not prejudice Carrier’s right to subsequently
used to consolidate the Goods and any connected equipment. to abandon the Carriage.
"Goods" means the cargo, in whole or part, received from the shipper and any Container not supplied by or on behalf of Carrier. 8. DECK CARGO
“Hague Rules” means the International Convention for the Unification of Certain Rules relating to Bills of Lading of 1924 including the Goods, whether containerized or not, may be carried on or under deck without notice to Merchant and at Carrier’s sole option, and
Visby Amendment and the 1979 Protocol. Merchant expressly agrees that: (i) Containers carried on deck are considered for all legal purposes to be stowed under deck; (ii) Carrier
“Hamburg Rules” means the UN-Convention on the Carriage of Goods by Sea of 1978. shall not be required to note, mark or stamp on the bill of lading any statement of such on deck Carriage; (iii) Carriage of Goods on deck
"Merchant” includes the booking party, shipper, consignee, receiver, holder of this bill of lading, or any person owning or entitled to not in Container(s) is solely at Merchant’s risk; (iv) Carrier is not responsible for any expense, loss, damage or delay to the Goods resulting
possession of the Goods or of this bill of lading, and the servants and agents and principals of any of these, all of whom shall be jointly from Carriage on deck; (v) Carriage of Goods on deck is subject to all terms and conditions of this bill of lading.
and severally liable to Carrier for the payment of all Charges, and for the performance of the obligations of any of them under this bill of
lading. 9. DELIVERY
“Subcontractor” includes the owners, managers, charterers, slot or space charterers, and operators of any Vessel (other than Carrier); 9.1 Neither Carrier nor any Subcontractors are obliged to inform Merchant or Notify Party of Vessel’s estimated or actual date or time of
underlying or substitute carriers; stevedores and terminal operators; and any direct or indirect servant, agent, or subcontractor (including arrival, and if given, such information shall be considered gratuitous.
their own subcontractors), or any other party employed by or on behalf of Carrier, or whose services or equipment have been used to 9.2 Merchant shall take delivery of the Goods within the time provided in Carrier’s applicable Tariff(s). If Merchant fails to do so, Carrier
perform this contract whether in contractual privity with Carrier or not. may without notice take any reasonable measure at Merchant’s sole risk and expense, including devanning, selling, disposing, or storing
"Vessel" means the ocean vessel named on the face side hereof, and any substitute vessel, feedership, barge or other means of the Goods. Such measures shall constitute due delivery hereunder and all liability whatsoever of Carrier in respect of the Goods shall
conveyance by water used for the Carriage. cease.
"VGM" means the verified gross mass obtained by a method prescribed by SOLAS and any laws in force at the port of loading 9.3 After discharge of the Goods, Carrier shall not be responsible for any claims, loss, liability, penalties, damage, delay, fines, attorney
fees, costs, and/or expenses: (i) arising out of the Goods being in the custody of Customs or other authority and/or (ii) in the event the
2. CARRIER’S TARIFF(S) Goods are improperly released or delivered by Customs or other authority to a third party without the consent of Carrier.
All terms and conditions of Carrier’s applicable tariff(s), including but not limited to those pertaining to demurrage and detention are
incorporated herein. Copies of the tariff(s) or relevant provisions thereof are obtainable from Carrier or the applicable regulatory body on 10. NOTICE OF CLAIM AND TIME TO SUE
request. In the event of a conflict between the terms and conditions of such tariff(s) and this bill of lading, the bill of lading shall prevail. If notice of loss, damage or claim is not given at time of discharge/removal of Goods by Merchant or, if not then apparent, within 3 (three)
consecutive days thereafter, a presumption of discharge/delivery in good order shall arise. In any event, Carrier shall be discharged from
3. CHARGES all liability whatsoever in respect of the Goods, including any claims for indemnity or contribution, unless suit is brought within 1 (one) year
3.1 Charges shall be deemed earned on acceptance of Goods or Containers or other packages for shipment by Carrier and shall be paid after their delivery or the date when they should have been delivered, provided however that if a shorter period for commencement of suit
by Merchant in full, without any offset, counterclaim or deduction, Goods and/or Vessel or other conveyance lost or not lost, and shall be applies under applicable law, any liability whatsoever of Carrier shall cease unless suit is brought within such shorter period.
non-returnable in any event.
3.2 Merchant shall remain responsible for all Charges, regardless whether the bill of lading be marked, in words or symbols, “Prepaid“, or 11. CARRIER’S LIEN
“Collect“. Carrier shall have a lien on Goods and any Charges and documents relating thereto for all sums due under this contract or any other
3.3 In case of non-payment of Charges or any other amount(s) due under this contract, Carrier is entitled to pursue the relevant amount(s) contract or undertaking to which Merchant was party or otherwise involved, which lien shall also extend to General Average contributions,
against Merchant or Goods and Merchant shall also be liable for interest on any overdue amount(s) as well as Carrier’s reasonable salvage and cost of recovering such sums, inclusive of attorney fees, and shall survive delivery. Such lien may be enforced by Carrier by
attorney’s fees and expenses incurred in collecting any amount(s) due. public or private sale at expense of and without notice to Merchant.
3.4 In arranging for any services with respect to Goods, Carrier shall be considered Merchant’s agent for all purposes. Charges and any 12. MERCHANT’S RESPONSIBILITY
payment of Charges to parties other than Carrier shall not, in any event, be considered payment to Carrier. 12.1 Merchant warrants that in agreeing to the terms and conditions hereof, he is, or has the authority of, the person owning or entitled to
3.5 Charges for cold treatment are for administration only and do not impose any responsibility on Carrier for completion or success of the possession of the Goods and this bill of lading. Merchant further warrants that: (i) the particulars relating to the Goods as set out on
cold treatment as per the applicable regulations. the reverse hereof have been checked and that such particulars, and any other particulars furnished by or on behalf of Merchant are
4. CARRIER’S RESPONSIBILITY adequate and correct, and (ii) it has complied with all statutes, ordinances, regulations and requirements of whatsoever nature relative to
4.1 Except as otherwise noted herein, Carrier shall be responsible for loss of or damage to Goods under the following circumstances only: the Goods, Containers or other packages, its/their documentation or in any other way relating thereto.
(a) PORT-TO-PORT SHIPMENT 12.2 Merchant acknowledges that carriage of bullion, precious metals or minerals, diamonds, precious or semi-precious stones or
(1) When Goods have been lost or damaged from the time of loading on the Vessel until the time of discharge from the Vessel, Carrier’s coinage, artworks, antiques, jewellery or rare or precious artefacts, documents of value including but not limited to currency notes, bonds,
responsibility is governed by German law making the Hague-Rules compulsorily applicable. However, if the bill of lading covers a bearer documents, negotiable instruments, bank drafts, checks, or payment orders, is subject to particulars furnished with the booking of
shipment to or from the USA, COGSA governs Carrier’s responsibility and shall apply during the time from loading the Goods on the the Goods and Carrier’s written approval prior to shipment.
Vessel until discharge as well as during all times before loading and after discharge of the Goods from the Vessel. 12.3 The party booking FCL shipments shall provide the VGM of each Container to the Carrier not later than the VGM-Cut-off-Date in a
(2) Carrier shall not be responsible for any fault of its personnel and of the Vessel’s crew in cases of damage or loss caused by fire or format pursuant to www.hamburgsud-line.com/howtovgm. Non-compliance herewith will bar the Carrier from loading the Container on the
explosion on board the Vessel ("Fire"), or caused by the navigation or management of the Vessel save for damage or loss caused when intended Vessel, in which case the Carrier shall be entitled to demurrage, detention and / or storage fees under the applicable Tariff. The
executing measures which were predominantly taken in the interest of the Goods ("Error in Navigation"). booking party shall also be liable to the Carrier for any costs, damages and fees resulting from such non-compliance. Same applies to the
(3) Carrier shall not be responsible for any fault of other persons involved in the navigation or management of the Vessel, in particular, a shipper and the consignee named overleaf to the extent they are liable under the applicable law.
pilot on board of the Vessel or the Crew of a tug boat assisting the Vessel, in cases of damage or loss caused by the navigation or the 12.4 When a Container is stuffed by or on behalf of Merchant, such Container shall be deemed shipped as “Shipper’s weight, load, stow,
management of the Vessel, except for damage or loss caused, when executing measures, which were predominantly taken in the interest count and seal” and Carrier shall not be liable for loss of or damage to the Goods caused by the: (i) manner in which Container has been
of the Goods ("Error in Navigation"). stuffed; (ii) unsuitability of Goods for Carriage in Containers, or (iii) Merchant’s failure to seal the Container at the commencement of
(4) Carrier is not deemed to have custody of the Goods before loading and after discharge, and Carrier is not responsible for acts or Carriage. Merchant agrees Carrier has no reasonable means of checking quantity, weight, condition, identity or existence of contents or
omissions of a terminal operator to which the Goods were submitted either by Carrier or by Merchant. manner in which Goods are stuffed, stowed and secured within Container or breakbulk cargo is packaged, or that same is accurate or
(b) MULTIMODAL TRANSPORT proper.
(1) If it is established that loss or damage to Goods occurred during the port-to-port leg, Carrier’s responsibility is governed by clause 12.5 When a Container is supplied by Carrier and has been stuffed by or on behalf of Merchant, Carrier shall not be liable for loss of or
4.1(a) and if it is established that loss or damage to Goods occurred during any other leg, the law applicable to such leg of transport shall damage to the Goods caused by the unsuitability or defective condition of the Container, which would have been apparent upon
apply except that if the bill of lading covers a shipment to or from the USA, COGSA shall apply for all legs of transport. If the law thus reasonable inspection by Merchant at or prior to time Container was stuffed. It is the Merchant’s obligation to set and/or check that the
applicable is not compulsory Carrier’s liability shall never exceed 2 Special Drawing Rights (“SDR”) per kilo of gross weight of Goods lost temperature controls on the container are at the required carrying temperature and to properly set the ventilation / gas level (CO2/O2)
or damaged. settings.
(2) If it is not established during which leg of transport loss of or damage to Goods has occurred, Carrier’s liability shall be determined in 12.6 In absence of a written request to the contrary, Carrier is not under an obligation to provide a Container of any particular type or
accordance with German law incorporating the Hague Rules, except for shipments to or from the USA in which case COGSA shall apply. quality.
Unless otherwise provided for herein, in no event shall the liability of Carrier exceed 2 SDR per kilo of gross weight of Goods lost or 12.7 When any Container is owned or leased by Carrier, Merchant shall be liable, at tariff rates, for any delay beyond time allowed for the
damaged. use of such Container, and for any loss, damage or expense incurred by Carrier as a result of failure to return the Container to Carrier in
4.2 LIMITATION OF LIABILITY sound condition and state of cleanliness as when received, even if a condition caused by Goods does not then manifest itself and/or
(a) In no event shall Carrier’s liability under or in connection with this bill of lading exceed 2 SDR per kilo of the gross weight of the Goods results in loss, damage or expense at a subsequent time. Payment therefor is due upon presentation of written cost estimates.
lost or damaged, except that if COGSA applies, liability shall not exceed US$ 500 per package or per customary freight unit, as the case 12.8 Carrier is committed to the concept of supply chain security. Merchant ensures the sealing of all packed Containers immediately
may be. after stuffing is completed and before placing them at Carrier’s disposal for all destinations. Only high security seals must be used. All
(b) The limitations of liability provided herein apply unless the nature and value of the Goods have been declared by Merchant prior to seals must meet the specifications for high security seals issued by the International Organization for Standardization under ISO/PAS
shipment and inserted in the box “Declared value” and extra freight paid if required. In no event shall the limitation amount exceed the 17712 and any subsequent amendment or new definition thereof.
declared value and nothing herein shall be construed as a waiver of limitation. 12.9 When a Container is supplied by Merchant, Merchant warrants that: (i) the Container complies with CSC, ISO standards and all
(c) The terms and conditions in Carrier’s tariff(s) and herein (including the limitation of liability of US$ 500 per package or per customary applicable rules and regulations established by IMO or other competent authorities or bodies, and (ii) the Container(s) meet or exceed
freight unit and law and jurisdiction clauses in this bill of lading) shall apply to all multimodal shipments originating in the USA unless applicable stacking weight and racking test load minimums.
Merchant selects full value Carmack liability coverage under 49 U.S.C. § 11706 by notifying Carrier at the time of booking the Goods and 12.10 Merchant shall be liable for and shall indemnify, defend and hold Carrier harmless against all claims, loss, liability, penalties,
prepaying a negotiated Carmack freight rate obtained from Carrier. damage, delay, fines, attorney fees, costs, and/or expenses arising from any failure of Merchant to comply with the above-mentioned
4.3 MISCELLANEOUS PROVISIONS obligations or otherwise provided in this bill of lading or in any way related to the Goods or Container or which results from the acts or
(a) Delay: Carrier does not undertake that Goods or any documents relating thereto will arrive at a particular time at the Port of Discharge omissions of Merchant, its agents or servants or third parties for whom Merchant, its agents or servants are responsible.
or at the Place of Delivery and Carrier shall not under any circumstances whatsoever be liable for any direct, indirect or consequential loss 13. DANGEROUS OR HAZARDOUS GOODS
or damage caused by delay, unless such delay was caused by Carrier, its servants or agents with the intention to cause damage, or 13.1 No Goods which are or may become dangerous, hazardous, flammable, explosive, noxious or damaging (including radioactive
recklessly or with knowledge that such damage would probably result. If Carrier nevertheless shall be held legally liable for any loss or material), or which are or may become liable to damage any person or property whatsoever, regardless of whether such Goods are listed
damage caused by delay, such liability shall in no event exceed 3 (three) times the freight paid. in any international or national code, convention, listing or table, shall be tendered to Carrier for Carriage without its express consent in
(b) Except as provided herein, under no circumstances shall Carrier be liable for any indirect or consequential loss or damage or for any writing and without distinctly marking the Goods and the Container or other covering on the outside so as to indicate the nature and
loss of profit or business from any cause whatsoever, unless such loss or damage was caused by Carrier, its servants or agents with the character of any such Goods and so as to comply with any applicable laws, regulations or requirements. If any such Goods are delivered
intention to cause damage, or recklessly or with knowledge that such damage would probably result. to Carrier without such written consent and marking, or if in the opinion of Carrier the Goods are or are liable to become of a dangerous,
(c) The liberties, rights, defenses, immunities, exemptions, limitations of and exonerations from liability of whatsoever nature, provided in hazardous, flammable, explosive, noxious or damaging nature, the same may at any time or place be unloaded, destroyed, disposed of,
this bill of lading, or under statute, shall apply in any action or proceeding against Carrier whether founded in contract, tort, bailment or abandoned or rendered harmless without compensation to Merchant.
otherwise. 13.2 Merchant undertakes that such Goods are packed in a manner adequate to withstand the risk of Carriage having regard to their
(d) Carrier shall, notwithstanding which legislation is applicable hereunder, be entitled to the benefit of Sections 30501 through 30511, nature and in compliance with all laws, regulations or requirements which may be applicable to the Goods or Carriage including IMDG
Title 46, U.S. Code as may be amended as if the same were expressly set out herein, including but not limited to the Limitation of Liability Code, ADR, RID, and CFR
Act and Fire Statute. 13.3 Merchant shall indemnify and defend Carrier against all claims, loss, liability, damage, delay, fines, attorney fees, costs, and/or
(e) Carrier shall have no liability whatsoever arising out of or in connection with the acts of any person (not employed or instructed by expenses arising from or related to the Carriage of such Goods and/or breach of any of the warranties and obligations provided herein
Carrier) who unlawfully, by the use of force or threats of any kind, damages, seizes, or exercises control over the Goods, over any whether or not Merchant was aware of the nature of such Goods
Subcontractor, or over any means of transportation or storage of the Goods.
14. REEFER CONTAINERS
5. SUBCONTRACTING Containers with temperature- or atmosphere-controlled apparatus will not be furnished unless expressly contracted for in writing at time
(a) Carrier shall be entitled to sub-contract on any terms the whole or any part of the Carriage, loading, unloading, storing, warehousing of booking and, when furnished, may entail increased Charges. In absence of an express request, it shall be conclusively presumed that
or other handling whatsoever as well as any and all duties whatsoever undertaken by it in relation to the Goods or Containers or in use of a dry Container is appropriate for the Goods. Merchant must provide Carrier with desired set-temperature when delivering
performance of this contract. Containers to Carrier. Carrier shall not be responsible for: (i) the functioning of temperature- or atmosphere-controlled Containers not
(b) No Subcontractor shall in any circumstances be under any liability whatsoever to Merchant for any loss, damage or delay whether supplied by Carrier or related companies or (ii) the consequences of the Goods, when placed in any Container, being at a higher
arising or resulting directly or indirectly from any act, neglect or default on the Subcontractor’s part, and Merchant undertakes that no temperature than that required for the Carriage (hot stuffing).
claim or allegation, whether in contract, bailment, tort, or otherwise, shall be made against any Subcontractor seeking to impose any Merchant acknowledges that temperature- or atmosphere-controlled Containers are not designed to freeze down cargo which has not
liability whatsoever in connection with this contract. If any such claim or allegation should nevertheless be made, Merchant will indemnify been presented for stuffing at or below its designated carrying temperature or to monitor and control humidity levels, albeit a setting
Carrier against all consequences thereof. facility exists, in that humidity is influenced by many external factors and Carrier does not guarantee the maintenance of any intended
(c) Without prejudice to the foregoing, every liberty, exemption, limitation of and exoneration from liability, condition, right, defense and level of humidity inside any Container.
immunity contained herein or available to Carrier including the right to enforce any law or jurisdiction provision contained herein shall also Merchant acknowledges that Goods, which require refrigeration, ventilation or other specialized attention, were not verified by Carrier,
be available to and extend to every Subcontractor and Vessel which shall be entitled to enforce same against Merchant. when received, as being at the carrying temperature, humidity level or other condition designated by Merchant.
6. METHODS AND ROUTES OF CARRIAGE 15. BOTH-TO-BLAME COLLISION CLAUSE
6.1 Carrier may at any time and without notice to Merchant: The Both-to-Blame Collision Clause published by the Baltic and International Maritime Council and obtainable from Carrier or its agents
(a) Use any means of transport (water, land and/or air) or storage whatsoever; upon request is hereby incorporated herein.
(b) Transfer the Goods from one conveyance to another including transshipping or carrying them on a Vessel other than the Vessel named
on the reverse side hereof or by any other means of transport or conveyance whatsoever; 16. GENERAL AVERAGE
(c) Sail with or without pilots, proceed by any route, place or port, in its discretion and at any speed and in any order, and omit, proceed 16.1 General Average shall be adjusted, stated and settled according to York-Antwerp Rules 2016. Merchant shall give such cash
to or stay at any place or port whatsoever, whether scheduled or not; deposit or other security as Carrier may deem sufficient to cover estimated General Average contribution of Goods before delivery as
(d) Load and unload the Goods at any place or port (whether or not any such port is named on the reverse side hereof as the port of Carrier requires, or, if not so required, within 3 (three) months of delivery of Goods, whether or not at the time of delivery Merchant had
loading or port of discharge) and store the Goods at any such port or place; notice of Carrier’s lien. Carrier shall be under no obligation to exercise any lien for General Average contribution due from Merchant(s).
(e) Unpack and remove the Goods which have been packed into a Container and forward them in a Container or otherwise; 16.2 Cargo’s contribution in General Average shall be paid even when such Average is result of fault, neglect or error of the Master, pilot,
(f) Carry livestock, explosives, munitions, warlike stores, dangerous or hazardous Goods or lawful Goods of any and all kinds; and/or officers or crew. The New Jason Clause published by the Baltic and International Maritime Council and obtainable from Carrier or its
(g) Comply with any orders, directions or recommendations given by any government or authority. agents upon request is hereby incorporated herein.
6.2 The liberties set out in 6.1 above may be invoked by Carrier for any purpose whatsoever and whether or not connected with the 17. LAW AND JURISDICTION
Carriage of the Goods, including but not limited to loading or unloading the Goods, bunkering, repairs and/or dry docking of the Vessel. Unless otherwise provided herein, any claim, dispute, suit or proceeding arising under or relating to this bill of lading shall be governed
Anything done in accordance with clause 6.1 or any delay arising therefrom (i) shall be deemed within the contractual Carriage and shall by the laws of Germany and subject to the exclusive jurisdiction of the courts of the City of Hamburg, except that at Carrier’s sole option,
not be a deviation and (ii) Carrier shall be entitled to full Charges and any additional freight, storage and all other expenses related thereto it may commence proceedings against Merchant at any court or tribunal having jurisdiction.
incurred by or on behalf of Carrier, all of which shall be due and owing from Merchant, and Carrier shall have a lien on the Goods for 18. NON-WAIVER AND SEVERABILITY
same. 18.1 No servant or agent of Carrier shall have the power to waive or vary any of the terms hereof unless such waiver or variation is in
7. MATTERS AFFECTING PERFORMANCE writing and is specifically authorized or ratified in writing by an officer or director of Carrier having actual authority to bind Carrier to such
If at any time the Carriage (whether commenced or not) is or is likely to be affected by any hindrance, risk, danger, delay, difficulty or waiver or variation.
disadvantage of any kind and however arising, including but not limited to Acts of God, disruption in labor, war, civil commotion, political 18.2 Nothing herein shall operate to deprive Carrier of any statutory protection or defense, immunity, exemption, limitation of or
unrest, piracy, act of terrorism, and threat thereof, which cannot be avoided by the exercise of reasonable endeavors (and even though exoneration from liability contained in applicable laws.
the circumstances affecting performance hereunder existed at the time this contract was entered into or when the Goods were received 18.3 The terms and conditions of this bill of lading (including those of the applicable tariff(s)) are separable, and if any part or term is held
for Carriage), Carrier may, at its sole discretion and without prior notice to Merchant, either: invalid, such holding shall not affect the validity or enforceability of any other part or term hereof.
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