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Sample Copy Multidoc 95

The document outlines the 'MULTIDOC 95' Multimodal Transport Bill of Lading, which serves as a contract for the carriage of goods using multiple transport modes. It details the responsibilities and liabilities of the Multimodal Transport Operator (MTO), including limitations on liability for loss or damage to goods, and the obligations of the consignor. The document also specifies terms regarding the transport process, compensation assessment, and legal jurisdiction for disputes.
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© © All Rights Reserved
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0% found this document useful (0 votes)
4 views

Sample Copy Multidoc 95

The document outlines the 'MULTIDOC 95' Multimodal Transport Bill of Lading, which serves as a contract for the carriage of goods using multiple transport modes. It details the responsibilities and liabilities of the Multimodal Transport Operator (MTO), including limitations on liability for loss or damage to goods, and the obligations of the consignor. The document also specifies terms regarding the transport process, compensation assessment, and legal jurisdiction for disputes.
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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“MULTIDOC 95 ” Multimodal Transport Bill of Lading

Code Name: “MULTIDOC 95” MT Doc. No.

Consignor Reference No.


Negotiable

MULTIMODAL TRANSPORT BILL OF LADING


Consigned to order of Issued by The Baltic and International Maritime Council
(BIMCO), subject to the UNCTAD/ICC Rules for Multimodal
Transport Documents (ICC Publication No. 481).

Notify party/address Issued 1995

Place of receipt

Ocean Vessel Port of loading


Printed by BIMCO’s idea

Port of discharge Place of delivery

Marks and Nos. Quantity and description of goods Gross weight, kg, Measurement, m3

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Particulars above declared by Consignor


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Freight and charges RECEIVED the goods in apparent good order and condition and, as far as
ascertained by reasonable means of checking, as specified above unless
otherwise stated.
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The MTO, in accordance with and to the extent of the provisions contained in
this MT Bill of Lading, and with liberty to sub-contract, undertakes to perform
Copyright, published by The Baltic and International Maritime Council (BIMCO) Copenhagen, 1995

and/or in his own name to procure performance of the multimodal transport


and the delivery of the goods, including all services related thereto, from the
place and time of taking the goods in charge to the place and time of delivery
and accepts responsibility for such transport and such services.
One of the MT Bills of Lading must be surrendered duly endorsed in exchange
for the goods or delivery order.
IN WITNESS whereof MT Bill(s) of Lading has/have been signed in the number
indicated below, one of which being accomplished the other(s) to be void.

Consignor's declared value of ...... Freight payable at Palce and date of issue

subject to payment of above extra charge.

Note: Number of orginal MT Bills of Lading Signed for the Multimodal Transport Operator (MTO)
The Merchant's attention is called to the fact that according
to Clauses 10 to 12 of this MT Bill of Lading, the liability of ...... ...... ...... ...... ...... ...... ...... ...... as Carrier
the MTO is, in most cases, limited in respect of loss of or
damage to the goods. by ...... ...... ...... ...... ...... ...... ...... ...... ......

As agent(s) only to the MTO

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“MULTIDOC 95 ” Multimodal Transport Bill of Lading

MULTIMODAL TRANSPORT (a) The MTO shall use reasonable endeavours to complete the
transport and to deliver the Goods at the place designated for
(f) The aggregate liability of the MTO shall not exceed the limits
of liability for total loss of the Goods.
BILL OF LADING Delivery. (g) The MTO is not entitled to the benefit of the limitation of
(b) If at any time the performance of the Contract as evidenced by liability if it is proved that the loss, damage or delay in Delivery
this MT Bill of Lading is or will be affected by any hindrance, risk, resulted from a personal act or omission of the MTO done with
Code Name: “MULTIDOC 95” delay, difficulty or disadvantage of whatsoever kind and if by the intent to cause such loss, damage or delay, or recklessly
virtue of sub-clause 9 (a) the MTO has no duty to complete the and with knowledge that such loss, damage or delay would
I. GENERAL PROVISIONS performance of the Contract, the MTO (whether or not the probably result.
1. Applicability transport is commenced) may elect to
The provisions of this Contract shall apply irrespective of (i) treat the performance of this Contract as terminated and 13. Assessment of Compensation
whether there is a unimodal or a Multimodal Transport Contract place the Goods at the Merchant's disposal at any place (a) Assessment of compensation for loss of or damage to the
involving one or several modes of transport. which the MTO shall deem safe and convenient; or Goods shall be made by reference to the value of such Goods at
(ii) deliver the Goods at the place designated for Delivery. the place and time they are delivered to the Consignee or at the
2. Definitions (c) If the Goods are not taken Delivery of by the Merchant within a place and time when, in accordance with the Multimodal
"Multimodal Transport Contract" means a single Contract for the reasonable time after the MTO has called upon him to take Transport Contract, they should have been so delivered.
carriage of Goods by at least two different modes of transport. Delivery, the MTO shall be at liberty to put the Goods in safe (b) The value of the Goods shall be determined according to the
"Multimodal Transport Bill of Lading" (MT Bill of Lading) means custody on behalf of the Merchant at the latter's risk and expense. current commodity exchange price or, if there is no such price,
this document evidencing a Multimodal Transport Contract and (d) In any event the MTO shall be entitled to full freight for Goods according to the current market price or, if there is no
which can be replaced by electronic data interchange received for transportation and additional compensation for commodity exchange price or current market price, by
messages insofar as permitted by applicable law and is issued extra costs resulting from the circumstances referred to above. reference to the normal value of Goods of the same kind and
in a negotiable form. quality.
"Multimodal Transport Operator" (MTO) means the person III. LIABILITY OF THE MTO
named on the face hereof who concludes a Multimodal 10. Basis of Liability 14. Notice of loss of or Damage to the Goods
Transport Contract and assumes responsibility for the (a) The responsibility of the MTO for the Goods under this (a) Unless notice of loss of or damage to the Goods, specifying
performance thereof as a Carrier. Contract covers the period from the time the MTO has taken the the general nature of such loss or damage, is given in writing by
"Carrier" means the person who actually performs or Goods into his charge to the time of their Delivery. the Consignee to the MTO when the Goods are handed over to
undertakes to perform the carriage, or part thereof, whether he (b) Subject to the defences set forth in Clauses 11 and 12, the the Consignee, such handing over is prima facie evidence of the
is identical with the Multimodal Transport Operator or not. MTO shall be liable for loss of or damage to the Goods as well as Delivery by the MTO of the Goods as described in the MT Bill of
"Merchant" includes the Shipper, the Receiver, the Consignor, for delay in Delivery, if the occurrence which caused the loss, Lading.
the Consignee, the holder of this MT Bill of Lading and the owner damage or delay in Delivery took place while the Goods were in (b) Where the loss or damage is not apparent, the same prima
of the Goods. his charge as defined in sub-clause 10 (a), unless the MTO facie effect shall apply if notice in writing is not given within six
"Consignor" means the person who concludes the Multimodal proves that no fault or neglect of his own, his servants or agents consecutive days after the day when the Goods were handed
Transport Contract with the Multimodal Transport Operator. or any other person referred to in sub-clause 10 (c) has caused over to the Consignee.

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"Consignee" means the person entitled to receive the Goods or contributed to the loss, damage or delay in Delivery.
from the Multimodal Transport Operator. However, the MTO shall only be liable for loss following from 15. Defences and Limits for the MTO, Servants, etc.
"Taken in charge" means that the Goods have been handed over delay in Delivery if the Consignor has made a written declaration (a) The provisions of this Contract apply to all claims against the
to and accepted for carriage by the MTO.

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of interest in timely Delivery which has been accepted in writing MTO relating to the performance of the Multimodal Transport
"Delivery" means by the MTO. Contract, whether the claim be founded in contract or in tort.
(i) the handing over of the Goods to the Consignee; or (c) The MTO shall be responsible for the acts and omissions of (b) The Merchant undertakes that no claim shall be made
(ii) the placing of the Goods at the disposal of the Consignee in his servants or agents, when any such servant or agent is acting against any servant, agent or other persons whose services the
accordance with the Multimodal Transport Contract or with within the scope of his employment, or of any other person of MTO has used in order to perform the Multimodal Transport
the law or usage of the particular trade applicable at the whose services he makes use for the performance of the Contract and if any claim should nevertheless be made, to
place of delivery; or Contract, as if such acts and omissions were his own. indemnify the MTO against all consequences thereof.
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(iii) the handing over of the Goods to an authority or other third (d) Delay in Delivery occurs when the Goods have not been (c) However, the provisions of this Contract apply whenever
party to whom, pursuant to the law or regulations applicable delivered within the time expressly agreed upon or, in the absence claims relating to the performance of the Multimodal Transport
at the place of delivery, the Goods must be handed over. of such agreement, within the time which it would be reasonable to Contract are made against any servant, agent or other person
"Special Drawing Rights" (SDR) means the unit of account as require of a diligent MTO, having regard to the circumstances of whose services the MTO has used in order to perform the
defined by the International Monetary Fund. the case. Multimodal Transport Contract, whether such claims are
"Goods" means any property including live animals as well as (e) If the Goods have not been delivered within ninety (90) founded in contract or in tort. In entering into this Contract, the
containers, pallets or similar articles of transport or packaging consecutive days following the date of Delivery determined MTO, to the extent of such provisions, does so not only on his
not supplied by the MTO, irrespective of whether such property according to Clause 10 (d) above, the claimant may, in the own behalf but also as agent or trustee for such persons. The
is to be or is carried on or under deck.
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absence of evidence to the contrary, treat the Goods as lost. aggregate liability of the MTO and such persons shall not
exceed the limits in Clause 12.
3. MTO's Tariff 11. Defences for Carriage by Sea or Inland Waterways
The terms of the MTO's applicable tariff at the date of shipment Notwithstanding the provisions of Clause 10 (b), the MTO shall IV. DESCRIPTION OF GOODS
are incorporated herein. Copies of the relevant provisions of the not be responsible for loss, damage or delay in Delivery with 16. MTO's Responsibility
applicable tariff are available from the MTO upon request. In the
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respect to Goods carried by sea or inland waterways when such The information in the MT Bill of Lading shall be prima facie
case of inconsistency between this MT Bill of Lading and the loss, damage or delay during such carriage results from: evidence of the taking in charge by the MTO of the Goods as
applicable tariff, this MT Bill of Lading shall prevail. (i) act, neglect or default of the master, mariner, pilot or the described by such information unless a contrary indication,
servants of the Carrier in the navigation or in the such as "shipper's weight, load and count", "shipper-packed
4. Time Bar management of the vessel; container" or similar expressions, have been made in the
The MTO shall, unless otherwise expressly agreed, be
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(ii) fire, unless caused by the actual fault or privity of the printed text or superimposed on the document. Proof to the
discharged of all liability under this MT Bill of Lading unless suit Carrier; contrary shall not be admissible when the MT Bill of Lading has
is brought within nine months after: (iii) the causes listed in the Hague-Visby Rules article 4.2 (c) to been transferred, or the equivalent electronic data interchange
(i) the Delivery of the Goods; or (p); message has been transmitted to and acknowledged by the
(ii) the date when the Goods should have been delivered; or however, always provided that whenever loss or damage has Consignee who in good faith has relied and acted thereon.
(iii) the date when, in accordance with sub-clause 10 (e) failure resulted from unseaworthiness of the vessel, the MTO can
to deliver the Goods would give the Consignee the right to prove that due diligence has been exercised to make the vessel 17. Consignor's Responsibility
treat the Goods as lost. seaworthy at the commencement of the voyage. (a) The Consignor shall be deemed to have guaranteed to the
MTO the accuracy, at the time the Goods were taken in charge
5. Law and Jurisdiction 12. Limitation of Liability by the MTO, of all particulars relating to the general nature of the
Disputes arising under this MT Bill of Lading shall be (a) Unless the nature and value of the Goods have been Goods, their marks, number, weight, volume and quantity and, if
determined by the courts and in accordance with the law at the declared by the Consignor before the Goods have been taken in applicable, to the dangerous character of the Goods as
place where the MTO has his principal place of business. charge by the MTO and inserted in the MT Bill of Lading, the MTO furnished by him or on his behalf for insertion in the MT Bill of
shall in no event be or become liable for any loss of or damage to Lading.
II. PERFORMANCE OF THE CONTRACT the Goods in an amount exceeding: (b) The Consignor shall indemnify the MTO for any loss or
6. Methods and Routes of Transportation (i) when the Carriage of Goods by Sea Act of the United States expense caused by inaccuracies in or inadequacies of the
(a) The MTO is entitled to perform the transport in any of America, 1936 (US COGSA) applies USD 500 per package particulars referred to above.
reasonable manner and by any reasonable means, methods or customary freight unit; or (c) The right of the MTO to such indemnity shall in no way limit
and routes. (ii) when any other law applies, the equivalent of 666.67 SDR his liability under the Multimodal Transport Contract to any
(b) In accordance herewith, for instance, in the event of per package or unit or two SDR per kilogramme of gross person other than the Consignor.
carriage by sea, vessels may sail with or without pilots, undergo weight of the Goods lost or damaged, whichever is the (d) The Consignor shall remain liable even if the MT Bill of
repairs, adjust equipment, drydock and tow vessels in all higher. Lading has been transferred by him.
situations. (b) Where a container, pallet or similar article of transport is
loaded with more than one package or unit, the packages or 18. Return of Containers
7. Optional Stowage other shipping units enumerated in the MT Bill of Lading as (a) Containers, pallets or similar articles of transport supplied by
(a) Goods may be stowed by the MTO by means of containers, packed in such article of transport are deemed packages or or on behalf of the MTO shall be returned to the MTO in the same
trailers, transportable tanks, flats, pallets, or similar articles of shipping units. Except as aforesaid, such article of transport order and condition as when handed over to the Merchant,
transport used to consolidate Goods. shall be considered the package or unit. normal wear and tear excepted, with interiors clean and within
(b) Containers, trailers, transportable tanks and covered flats, (c) Notwithstanding the above-mentioned provisions, if the the time prescribed in the MTO's tariff or elsewhere.
whether stowed by the MTO or received by him in a stowed Multimodal Transport does not, according to the Contract, (b) (i) The Consignor shall be liable for any loss of, damage to, or
condition, may be carried on or under deck without notice to the include carriage of Goods by sea or by inland waterways, the delay, including demurrage, of such articles, incurred
Merchant. liability of the MTO shall be limited to an amount not exceeding during the period between handing over to the Consignor
8.33 SDR per kilogramme of gross weight of the Goods lost or and return to the MTO for carriage.
8. Delivery of the Goods to the Consignee damaged. (ii) The Consignor and the Consignee shall be jointly and
The MTO undertakes to perform or to procure the performance (d) In any case, when the loss of or damage to the Goods severally liable for any loss of, damage to, or delay,
of all acts necessary to ensure Delivery of the Goods: occurred during one particular stage of the Multimodal including demurrage, of such articles, incurred during the
(i) when the MT Bill of Lading has been issued in a negotiable Transport, in respect of which an applicable international period between handing over to the Consignee and return
form "to bearer", to the person surrendering one original of convention or mandatory national law would have provided to the MTO.
the document; or another limit of liability if a separate contract of carriage had
(ii) when the MT Bill of Lading has been issued in a negotiable been made for that particular stage of transport, then the limit of 19. Dangerous Goods
form "to order", to the person surrendering one original of the MTO's liability for such loss or damage shall be determined (a) The Consignor shall comply with all internationally
the document duly endorsed; or by reference to the provisions of such convention or mandatory recognised requirements and all rules which apply according to
(iii) when the MT Bill of Lading has been issued in a negotiable national law. national law or by reason of international convention, relating to
form to a named person, to that person upon proof of his (e) If the MTO is liable in respect of loss following from delay in the carriage of Goods of a dangerous nature, and shall in any
identity and surrender of one original document; if such Delivery, or consequential loss or damage other than loss of or event inform the MTO in writing of the exact nature of the danger
document has been transferred "to order" or in blank, the damage to the Goods, the liability of the MTO shall be limited to before Goods of a dangerous nature are taken in charge by the
provisions of (ii) above apply. an amount not exceeding the equivalent of the freight under the MTO and indicate to him, if need be, the precautions to be taken.
Multimodal Transport Contract for the Multimodal Transport. (b) If the Consignor fails to provide such information and the
9. Hindrances, etc. Affecting Performance

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“MULTIDOC 95 ” Multimodal Transport Bill of Lading
MTO is unaware of the dangerous nature of the Goods and the unsuitability or defective condition of reefer equipment or smaller, shall be payable as liquidated damages to the MTO
necessary precautions to be taken and if, at any time, they are trailers supplied by the Merchant. notwithstanding any other sum having been stated on this MT
deemed to be a hazard to life or property, they may at any place Bill of Lading as the freight payable.
be unloaded, destroyed or rendered harmless, as V. FREIGHT AND LIEN (d) All dues, taxes and charges levied on the Goods and other
circumstances may require, without compensation and the 21. Freight expenses in connection therewith shall be paid by
Consignor shall be iable for all loss, damage, delay or (a) Freight shall be deemed earned when the Goods have been the Merchant.
expenses arising out of their being taken in charge, or their taken into charge by the MTO and shall be paid in any event.
carriage, or of any service incidental thereto. (b) The Merchant's attention is drawn to the stipulations 22. Lien
The burden of proving that the MTO knew the exact nature of the concerning currency in which the freight and charges are to be The MTO shall have a lien on the Goods for any amount due
danger constituted by the carriage of the said Goods shall rest paid, rate of exchange, devaluation and other contingencies under this Contract and for the costs of recovering the same,
upon the person entitled to the Goods. relative to freight and charges in the relevant tariff conditions. If and may enforce such lien in any reasonable manner, including
(c) If any Goods shipped with the knowledge of the MTO as to no such stipulation as to devaluation exists or is applicable the sale or disposal of the Goods.
their dangerous nature shall become a danger to the vessel or following provision shall apply:
cargo, they may in like manner be landed at any place or If the currency in which freight and charges are quoted is VI. MISCELLANEOUS PROVISIONS
destroyed or rendered innocuous by the MTO without liability devalued or revalued between the date of the freight 23. General Average
on the part of the MTO except to General Average, if any. agreement and the date when the freight and charges are (a) General Average shall be adjusted at any port or place at the
paid, then all freight and charges shall be automatically and MTO's option, and to be settled according to the York-Antwerp
20. Consignor-packed Containers, etc. immediately changed in proportion to the extent of the Rules 1994, or any modification thereof, this covering all Goods,
(a) If a container has not been filled, packed or stowed by the devaluation or revaluation of the said currency. When the whether carried on or under deck. The New Jason Clause as
MTO, the MTO shall not be liable for any loss of or damage to its MTO has consented to payment in other currency than the approved by BIMCO to be considered as incorporated herein.
contents and the Consignor shall indemnify any loss or expense above mentioned currency, then all freight and charges shall (b) Such security including a cash deposit as the MTO may
incurred by the MTO if such loss, damage or expense has been - subject to the preceding paragraph - be paid at the highest deem sufficient to cover the estimated contribution of the
caused by: selling rate of exchange for banker's sight draft current on the Goods and any salvage and special charges thereon, shall, if
(i) negligent filling, packing or stowing of the container; day when such freight and charges are paid. If the banks are required, be submitted to the MTO prior to Delivery of the Goods.
(ii) the contents being unsuitable for carriage in container; or closed on the day when the freight is paid the rate to be used
(iii) the unsuitability or defective condition of the container will be the one in force on the last day the banks were open. 24. Both-to-Blame Collision Clause
unless the container has been supplied by the MTO and the (c) For the purpose of verifying the freght basis the MTO The Both-to-Blame Collision Clause as adopted by BIMCO shall
unsuitability or defective condition would not have been reserves the right to have the contents of containers, trailers or be considered incorporated herein.
apparent upon reasonable inspection at or prior to the time similar articles of transport inspected in order to ascertain the
when the container was filled, packed or stowed. weight, measurement, value, or nature of the Goods. If on such 25. U.S. Trade
(b) The provisions of sub-clause (a) of this Clause also apply inspection it is found that the declaration is not correct, it is In case the Contract evidenced by this MT Bill of Lading is
with respect to trailers, transportable tanks, flats and pallets agreed that a sum equal either to five times the difference subject to U.S COGSA, then the Provisions stated in said Act
which have not been filled, packed or stowed by the MTO. between the correct freight and the freight charges or to double shall govern before loading and after discharge and throughout

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(c) The MTO does not accept liability for damage due to the the correct freight less the freight charges, whichever sum is the the entire time the Goods are in the Carrier's custody.

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