Ocean Bill of Lading
BL Terms (Revision Date: 20/12/2024)
By accepting this Bill of Lading (‘BL’), the Merchant is deemed to have read, understood, accepted and agreed to all stipulations, exceptions and conditions written, printed, stamped, or incorporated in this BL, including stipulations, exceptions and conditions appearing on the Container Release Order (‘CRO’), the online rate file contracts and on the Carrier’s website/ web-portal/ application. The Carrier, in accordance with and to the extent of the provisions contained herein, and with liberty to subcontract, undertakes to perform and/or in its name to procure performance of carriage and delivery of the Goods.
1. Definitions: "Carrier" means the party whose name appears on the face of this BL and on whose behalf this BL has been signed and issued. “Container” includes any container (including an open top container), flat rack, platform, trailer, transportable tank, pallet or any other similar article used to consolidate the Goods and any connected equipment. “Goods" means the cargo described on the face of this BL and corresponding with the HS Code declared by the Merchant whilst placing the booking. If the cargo is packed in Container(s) supplied or furnished by the Merchant, Goods shall include such Container(s). “Holder” means any Person for the time being in possession of this BL or to whom rights of suit and/or liability under this BL have been transferred or vested. “Merchant" includes the booking party, shipper, consignor, consignee, owner, and receiver of Goods and Holder of this BL. “OBL” means Original BL. “OTP” means One time password. 2. Governing Law and Jurisdiction: The contract evidenced by or contained in this BL shall be governed by Singaporean Law, and any action thereunder shall be brought before the Courts at Singapore provided that the Carrier only has the option of bringing an action against the Merchant before the Courts situated in any other jurisdiction at its sole discretion. 3. Undertaking and Liability of Carrier: A. (1) Carrier undertakes to perform or to procure the performance of the carriage from the place at which the Goods are received by it to the place designated for delivery in this BL. (2) Carrier assumes liability in accordance with the terms and conditions contained herein. (3) For the purposes of and subject to the provisions of this BL, Carrier is responsible for the acts and omissions of any person whose services it makes use of for the performance of the contract evidenced by this BL. B. (1) Carrier is liable for loss of or damage to the Goods occurring between the time the Goods are received by the Carrier for carriage till such time as the Goods are discharged at the place of delivery. (2) Carrier shall be relieved of liability for any loss or damage if such loss or damage was caused by: a) An act or omission by the Merchant, or anyone acting for/on behalf of Merchant. b) Insufficiency or defective condition of the packaging, marks and number or labelling c) Improper handling (including failure to maintain the prescribed temperature/ ventilation/ humidity), loading, stowage, unloading, of the Goods by Merchant or any person acting on behalf of Merchant; d) Inherent vice of the Goods; e) Strike, lockout stoppage, or restraint of labour the consequences of which Carrier could not avoid through the exercise of reasonable diligence; f) Compliance with the instructions of the person entitled to give them; g) Fire, unless caused by the actual fault or privity of Carrier; h) Acts of God, Rulers, Governments and Statutory authorities which Carrier could not avoid and the consequences whereof he could not prevent by the exercise of reasonable diligence. (3) Carrier is not liable for any consequences or claims arising out of or related to war or imposition of sanctions or restrictions (by whatever name called) by international bodies and/ or governments and/or authorities, including sanctions or restrictions attaching to the Good and/ or the shipper/ receiver of and/ or any other person or entity having an interest in the Goods. Costs/ expenses arising out of the foregoing shall be to the account of the Merchant (4) Nothing in this clause shall limit defences available to the Carrier under the applicable law and the foregoing is in addition to such defences. 4. Special Provisions: A. Notwithstanding the preceding clause, if the stage of transport where the loss or damage occurred is known, the liability of Carrier in respect of such loss or damage shall be determined by the provisions of applicable law if any, which provisions: (1) Cannot be departed from by private contract to the detriment of Merchant, and (2) Would have applied if Merchant had made a separate and direct contract with Carrier 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 if such international convention or national law shall apply. B. Notwithstanding A of this Clause: (1) If it is proved that the loss or damage occurred during transport by sea or inland waterways, this BL shall have effect subject to the provisions of any legislation of the Hague Rules contained in the international Convention for the Unification of Certain Rules relating to Bills of Lading signed at Brussels on August 25, 1924, or of any legislation of the Hague-Visby Rules contained in the Protocol of Brussels dated February 23, 1968, in the country of shipment where they are in force as enacted. 5. Negotiability and Title to the Goods: (1) This BL shall be deemed to be negotiable if marked "negotiable/Original" and is accompanied by the OTP generated through the Carrier’s website/ web-portal. (2) By accepting this BL, Merchant agrees with Carrier that unless marked “non-negotiable” this BL shall constitute title to the Goods, and the holder by endorsement of this BL and submission of OTP generated through the Carrier website/ web-portal shall be entitled to receive or to transfer the Goods herein mentioned. 6. Description of Goods: (1) This BL shall be prima facie evidence of the receipt by Carrier of the total number of containers or other packages or units enumerated overleaf. (2) Weights, measures, marks, numbers, quality, contents, descriptions, and value as declared by the Merchant but unknown to and not admitted by the Carrier and no representation is made by Carrier as to the weight, contents, measure, quantity, quality, discretion, condition, marks, numbers, or value of the Goods, and Carrier shall be under no responsibility whatsoever in respect of such description or particulars. 7. Merchant's Responsibility: (1) Merchant warrants that the particulars relating to the Goods set out overleaf have been checked by Merchant on receipt of this BL and that such particulars and any other particulars furnished by or on behalf of Merchant are correct and correspond to declarations made at the time of placing the booking and that the Goods are not sanctioned, illegal and/or restricted. (2) Merchant undertakes to indemnify the Carrier against all claims, losses, damages, and expenses & penalties arising out of Merchant’s failure to comply with clauses 6(2) and 7(1). (3) Any Goods described in the BL and not declared at the time of placing the booking shall be treated as a misdeclaration and the Merchant shall be responsible for costs and consequences arising out of such misdeclaration. (4) The Merchant shall ensure that the Goods are stuffed in cargo-worthy Containers. If Containers are provided by the Carrier, Merchant shall ensure cargo-worthiness of empty Containers prior to lifting the Containers from the yard. The Merchant is liable for damage to or loss of Containers including for payment of detention/demurrage charges in case of failure to return the Containers to the nominated yard/terminal within the agreed free time. 8. Merchant's Packing: Without prejudice to clause 3.B(2)c), Merchant shall be liable for any loss, damage, or injury caused by faulty or insufficient packing of the Goods or by faulty stowage/stuffing of the Goods in the Containers or loading on trailers and on flats unless these operations are undertaken by the Carrier, or by the defect or unsuitability of the Containers, trailers, or flats, when supplied by Merchant, and shall indemnify Carrier against any additional expenses so caused. 9. Dangerous Goods and Indemnity: (1) Merchant undertakes not to tender for transportation any Goods which are of an explosive, inflammable, radioactive, corrosive, damaging, noxious, hazardous, poisonous, injurious, or dangerous nature without giving prior written notice of their nature to Carrier and marking the Goods and Containers or other covering on the outside as required by applicable laws/regulations. (2) If the requirements of sub-clause (1) are not complied with and/or in case of any misdeclaration, the Goods may, at any time or place, be unloaded, thrown overboard, destroyed, or rendered harmless or otherwise disposed of at Carrier's discretion without compensation and at the Merchant’s cost, and Merchant shall indemnify Carrier against all loss, damage, or expense arising out of the Goods being tendered for transportation. Further, Carrier shall be under no liability to make any General Average contribution in respect of such Goods. (3) If the Goods of a dangerous nature that were tendered in compliance with sub-clause (1) become a danger to the vessel, cargo, or any other property or person, such Goods may similarly be unloaded, thrown overboard, destroyed, rendered harmless, or otherwise disposed of at Carrier's discretion without compensation at the risk and cost of the Merchant. 10. Deck Cargo, Live Animals: (1) Goods stowed in poop, forecastle, deckhouse, shelter deck, passenger space, or any other covered space shall be deemed to be stowed under deck for all purposes including General Average. (2) Carrier has the right to carry the Goods in containers under deck or on deck. When Goods are carried on deck, Carrier shall not be required to specially note, mark, or stamp any statement of "on deck stowage" on the face hereof, any custom to the contrary notwithstanding, and the Goods so carried shall be deemed to be carried under deck for all purposes including General Average and shall be subject to the applicable Hague Rules legislation or Hague-Visby Rules legislation as provided for in Clause 4.B.(1) hereof. (3) The Goods carried on deck and herein stated to be so carried, and live animals, birds, reptiles, fish, and plants, are accepted solely at the risk of Merchant, and Carrier shall not be liable for any accident, disease, mortality, loss of or damage to live animals, birds, reptiles, fish, or plants, whether or not caused by the act or negligence of Carrier or by the unseaworthiness of the vessel. 11. The Amount of Compensation: (1) When Carrier is liable for compensation in respect of loss of or damage to the Goods, such compensation shall be calculated by reference to the Merchant's net invoice value of the Goods plus freight, charges, and insurance premium if paid. In no event shall Carrier be liable for any loss of profit or any consequential loss or damage save as provided in Clause 12. (2) Except for the case where Clause 4 applies, compensation shall not, however, exceed US $1 per kilo of gross weight of the Goods lost or damaged. (3) Higher compensation may be claimed only when, with the consent of Carrier, the value for the Goods declared by Merchant, which exceeds the limits laid down in this clause, has been stated in this BL. In that case, the amount of the declared value shall be substituted for that limit. Any partial loss or damage shall be adjusted pro-rata on the basis of such declared value. 12. Liability for Delay: The Carrier does not guarantee transit times and shall not be liable for delay in carriage or delivery of the Goods and transit and arrival times. If, however, Carrier is held liable in respect of delay, consequential loss, or damage other than loss of or damage to the Goods, the liability of Carrier shall be limited to the double freight for the transport covered by this BL, or the value of the Goods as determined in Clause 11, whichever is the lesser. 13. Defenses and Limits for Carrier: The defenses and limits of liability provided for in this BL shall apply in any action against Carrier for loss of or damage to the Goods and for Carrier's liability for delay, whether the action is founded in contract or in tort. 14. Sub-Contracting: (1) Carrier 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 undertaken by Carrier in relation to the Goods. (2) Merchant undertakes that no claim or allegation shall be made against any servant, agent, or subcontractor of Carrier that imposes or attempts to impose upon any of them or any vessel owned by any of them any liability whatsoever in connection with the Goods. If any such claim or allegation should nevertheless be made, Merchant shall indemnify Carrier against all consequences thereof. Without prejudice to the foregoing, every such servant, agent, and subcontractor shall have the benefit of all provisions herein for the benefit of Carrier as if such provisions were expressly for their benefit, and in entering into this contract, Carrier, to the extent of those provisions, does so not only on his own behalf but also as agent and trustee for such servants, agents, and subcontractors. (3) Subject to the provisions of Clause 13, the aggregate of the amounts recoverable from Carrier and his servants, agents, or subcontractors shall in no case exceed the limits provided for in this BL. (4) The expression "Sub-Contractor" in this clause shall include any person referred to in Clause 3.A.(3). 15. Method and Route of Transportation: Carrier reserves to himself reasonable liberty as to the means, route, and procedure to be followed in the handling, stowage, and transportation of the Goods. The Carrier may trans-ship the Goods at its sole option, without the consent of or notifying the Merchant. 16. Matters Affecting Performance: If at any time the performance of the contract evidenced by this BL is or is likely to be affected by any hindrance, risk, delay, difficulty, or disadvantage of whatsoever kind which cannot be avoided by the exercise of reasonable endeavor, Carrier (whether or not the transport is commenced) may without notice to Merchant treat the performance of this contract as terminated and place the Goods or any part of them at Merchant's disposal at any place or port which Carrier may deem safe and convenient, whereupon the responsibility of Carrier in respect of such Goods shall cease. Carrier shall nevertheless be entitled to full freight and charges on the Goods received for transportation and Merchant shall pay any additional costs of carriage to and delivery and storage at such place or port. 17. Delivery: If delivery of the Goods or any part thereof is not taken by Merchant at the time and place when and where Carrier is entitled to call upon Merchant to take delivery thereof, Carrier shall be entitled to store and/or dispose of the Goods or the part thereof at the sole risk of Merchant, whereupon the liability of Carrier in respect of the Goods or that part thereof stored or disposed of as aforesaid (as the case may be) shall wholly cease and the cost of such storage or disposal (if paid by or payable by Carrier or any agent or subcontractor of Carrier) shall forthwith upon demand be paid by Merchant to Carrier. In addition, in such an event the Carrier shall also be entitled to recover detention/demurrage and all other charges which accrue on the containers and the Merchant undertakes to pay the same forthwith upon demand by the Carrier. 18. Freight and Charges: (1) Freight and charges shall be paid in full and in cash and whether prepayable or payable at destination at the prevailing exchange rate on the day of payment, shall be deemed as fully earned on receipt of the Goods by Carrier and not to be returned or relinquished in any event. (2) The freight has been calculated on the basis of particulars furnished by or on behalf of Merchant. Carrier may at any time open any Container(s) or other package(s) or unit(s) in order to reweigh, remeasure, or revalue the contents at the risk and expense of Merchant, and if the particulars furnished by or on behalf of Merchant are incorrect, it is agreed that a sum equal to either 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 smaller, shall be payable as liquidated damages to Carrier. (3) Merchant shall be jointly and severally liable to Carrier for the payment of all freight and charges and for the performance of the obligation of each of them hereunder. (4) Merchant shall comply with all regulations or requirements of customs, port, and other authorities and shall bear and pay all duties, taxes, fines imposed, expenses or losses incurred or suffered by reason thereof or by reason of any illegal, sanctioned, incorrect, or insufficient marking, numbering, or addressing of the Goods, and indemnify Carrier in respect thereof. (5) Merchant shall reimburse Carrier in proportion to the amount of freight for any costs for deviation or delay or any other increase of costs of whatever nature caused by war, warlike operations, epidemics, strikes, government directions, or force majeure. 19. Lien: (1) Carrier shall have a lien on the Goods and any documents relating thereto (including OBLs and delivery orders) for any and all sums payable to Carrier under this contract and/or for all sums receivable by the Carrier from the Merchant under any other contract concluded between the Merchant and the Carrier (whether prior to or after conclusion of this contract) and for General Average contributions to whomever due and for the cost of recovering the same and for that purpose shall have the right to sell the Goods by public auction or private treaty without notice to the Merchant. If on sale of the Goods, the proceeds fail to cover the amount due and the cost incurred, Carrier shall be entitled to recover the deficit from Merchant. (2) If the Goods are unclaimed during a reasonable time, or whenever in Carrier's option the Goods will become deteriorated, decayed, or worthless, Carrier may, at its discretion and subject to its lien and without any responsibility attaching to it, sell, abandon, move to another port, or dispose of such Goods solely at the risk and expense of the Merchant. (3) The Merchant shall be fully liable for any damage, loss, or claims arising out of damage or loss of Containers occurring while in their custody or their agents, sub-contractors, including for resulting detention or demurrage charges. 20. Notice: Unless notice of loss or damage to the Goods and the general nature of the Goods be given in writing to Carrier or the persons referred to in Clause 3.A.(3) above at the place of delivery before or at the time of the removal of goods into the custody of the person entitled to delivery thereof under this BL, or if the loss or damage be not apparent, within six consecutive days after removal, such removal shall be prima facie evidence of the delivery by Carrier of the Goods as described in this BL. 21. Time Bar: In any event, the Carrier shall be discharged from all liability in respect of non-delivery, misdelivery, delay, loss, or damage unless suit is brought within one year after delivery of the Goods or the date when the Goods should have been delivered. 22. General Average: The Merchant shall admit that General Average may be declared during the course of or in respect of the carriage of the Goods by sea and shall in such a case undertake to make for settlement of the General Average such contribution due from the Goods as is determined in accordance with the York-Antwerp Rules, 1974. 23. Both to Blame Collision: If the vessel carrying the Goods (the carrying vessel) comes into collision during the carriage by sea with another vessel as a result of the negligence of the other vessel, and any act, neglect, or default of the Master, mariner, pilot, or the servants of the owner in the navigation or in the management of the carrying vessel, the Merchant shall indemnify the Carrier against all loss or liability which might be incurred directly or indirectly to the other or non-carrying vessel or her owners in so far as such loss or liability represents loss of or damage to the Goods or any claim whatsoever of the Merchant paid or payable by the other or non-carrying vessel or her owners to the Merchant and set-off, recouped, or recovered by the other or non-carrying vessel or her owners as part of their claim against the carrying vessel or the owner thereof. The foregoing provisions shall also apply where the owners, operators, or those in charge of any vessel or vessels or objects other than, or in addition to, the colliding vessels or objects are at fault in respect of a collision or contact. 24. Force Majeure: The Carrier is not liable for any failure or delay in performing its obligations or for increased costs if such failure or delay or increased costs is attributable to flood, fire, storm, earthquake, tsunami, epidemic/pandemic, riot, war (including civil war), labor unrest, orders passed by statutory authorities, and any other act of God or Government/Rulers or Statutory Authorities which were beyond the Carrier’s reasonable control. 25. Handling Original Bills of Lading (OBL): (1) The Merchant must (a) upon getting an OTP generated through the Carrier’s web-portal/application, physically print 3 OBLs (including the reverse terms and conditions) with the BL number clearly visible on the top. All OBLs must be printed only through the Carrier's online BL printing system, referred to as the "OBL-Secure-Print." (b) After printing the OBLs, the shipper must endorse, sign, and date the OBLs in permanent blue ink. (c) Thereafter, the OBLs duly endorsed must be uploaded on the Carrier's mobile App for further processing by the Carrier. (2) Submission at Port of Discharge: The receiver at destination must upload one of the three endorsed OBLs (with "CANCELLED" visibly written across its face in permanent blue ink) by photographing the OBL using the Carrier's secure mobile app together with the OTP referred to in clause 25(1). Thereafter the receiver must physically destroy all the OBLs at hand. Uploading of a scanned copy of the BL with the OTP by the receiver shall be treated as surrender of the OBL and upon the happening of which the Carrier shall be entitled to deliver the Goods to the receiver. (3) The Merchant shall indemnify and hold the Carrier harmless for any losses or consequences arising out of any misuse including, and not limited to, sharing of colored scan copies of OBL or sharing of OTP with any unauthorized entities or failure to destroy the submitted OBL as per 25(2). (4) T&C online on tnc.clikship.io shall apply if the back of BL is not printed for any reason.
By accepting this Bill of Lading (‘BL’), the Merchant is deemed to have read, understood, accepted and agreed to all stipulations, exceptions and conditions written, printed, stamped, or incorporated in this BL, including stipulations, exceptions and conditions appearing on the Container Release Order (‘CRO’), the online rate file contracts and on the Carrier’s website/ web-portal/ application. The Carrier, in accordance with and to the extent of the provisions contained herein, and with liberty to subcontract, undertakes to perform and/or in its name to procure performance of carriage and delivery of the Goods.
1. Definitions: "Carrier" means the party whose name appears on the face of this BL and on whose behalf this BL has been signed and issued. “Container” includes any container (including an open top container), flat rack, platform, trailer, transportable tank, pallet or any other similar article used to consolidate the Goods and any connected equipment. “Goods" means the cargo described on the face of this BL and corresponding with the HS Code declared by the Merchant whilst placing the booking. If the cargo is packed in Container(s) supplied or furnished by the Merchant, Goods shall include such Container(s). “Holder” means any Person for the time being in possession of this BL or to whom rights of suit and/or liability under this BL have been transferred or vested. “Merchant" includes the booking party, shipper, consignor, consignee, owner, and receiver of Goods and Holder of this BL. “OBL” means Original BL. “OTP” means One time password. 2. Governing Law and Jurisdiction: The contract evidenced by or contained in this BL shall be governed by Singaporean Law, and any action thereunder shall be brought before the Courts at Singapore provided that the Carrier only has the option of bringing an action against the Merchant before the Courts situated in any other jurisdiction at its sole discretion. 3. Undertaking and Liability of Carrier: A. (1) Carrier undertakes to perform or to procure the performance of the carriage from the place at which the Goods are received by it to the place designated for delivery in this BL. (2) Carrier assumes liability in accordance with the terms and conditions contained herein. (3) For the purposes of and subject to the provisions of this BL, Carrier is responsible for the acts and omissions of any person whose services it makes use of for the performance of the contract evidenced by this BL. B. (1) Carrier is liable for loss of or damage to the Goods occurring between the time the Goods are received by the Carrier for carriage till such time as the Goods are discharged at the place of delivery. (2) Carrier shall be relieved of liability for any loss or damage if such loss or damage was caused by: a) An act or omission by the Merchant, or anyone acting for/on behalf of Merchant. b) Insufficiency or defective condition of the packaging, marks and number or labelling c) Improper handling (including failure to maintain the prescribed temperature/ ventilation/ humidity), loading, stowage, unloading, of the Goods by Merchant or any person acting on behalf of Merchant; d) Inherent vice of the Goods; e) Strike, lockout stoppage, or restraint of labour the consequences of which Carrier could not avoid through the exercise of reasonable diligence; f) Compliance with the instructions of the person entitled to give them; g) Fire, unless caused by the actual fault or privity of Carrier; h) Acts of God, Rulers, Governments and Statutory authorities which Carrier could not avoid and the consequences whereof he could not prevent by the exercise of reasonable diligence. (3) Carrier is not liable for any consequences or claims arising out of or related to war or imposition of sanctions or restrictions (by whatever name called) by international bodies and/ or governments and/or authorities, including sanctions or restrictions attaching to the Good and/ or the shipper/ receiver of and/ or any other person or entity having an interest in the Goods. Costs/ expenses arising out of the foregoing shall be to the account of the Merchant (4) Nothing in this clause shall limit defences available to the Carrier under the applicable law and the foregoing is in addition to such defences. 4. Special Provisions: A. Notwithstanding the preceding clause, if the stage of transport where the loss or damage occurred is known, the liability of Carrier in respect of such loss or damage shall be determined by the provisions of applicable law if any, which provisions: (1) Cannot be departed from by private contract to the detriment of Merchant, and (2) Would have applied if Merchant had made a separate and direct contract with Carrier 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 if such international convention or national law shall apply. B. Notwithstanding A of this Clause: (1) If it is proved that the loss or damage occurred during transport by sea or inland waterways, this BL shall have effect subject to the provisions of any legislation of the Hague Rules contained in the international Convention for the Unification of Certain Rules relating to Bills of Lading signed at Brussels on August 25, 1924, or of any legislation of the Hague-Visby Rules contained in the Protocol of Brussels dated February 23, 1968, in the country of shipment where they are in force as enacted. 5. Negotiability and Title to the Goods: (1) This BL shall be deemed to be negotiable if marked "negotiable/Original" and is accompanied by the OTP generated through the Carrier’s website/ web-portal. (2) By accepting this BL, Merchant agrees with Carrier that unless marked “non-negotiable” this BL shall constitute title to the Goods, and the holder by endorsement of this BL and submission of OTP generated through the Carrier website/ web-portal shall be entitled to receive or to transfer the Goods herein mentioned. 6. Description of Goods: (1) This BL shall be prima facie evidence of the receipt by Carrier of the total number of containers or other packages or units enumerated overleaf. (2) Weights, measures, marks, numbers, quality, contents, descriptions, and value as declared by the Merchant but unknown to and not admitted by the Carrier and no representation is made by Carrier as to the weight, contents, measure, quantity, quality, discretion, condition, marks, numbers, or value of the Goods, and Carrier shall be under no responsibility whatsoever in respect of such description or particulars. 7. Merchant's Responsibility: (1) Merchant warrants that the particulars relating to the Goods set out overleaf have been checked by Merchant on receipt of this BL and that such particulars and any other particulars furnished by or on behalf of Merchant are correct and correspond to declarations made at the time of placing the booking and that the Goods are not sanctioned, illegal and/or restricted. (2) Merchant undertakes to indemnify the Carrier against all claims, losses, damages, and expenses & penalties arising out of Merchant’s failure to comply with clauses 6(2) and 7(1). (3) Any Goods described in the BL and not declared at the time of placing the booking shall be treated as a misdeclaration and the Merchant shall be responsible for costs and consequences arising out of such misdeclaration. (4) The Merchant shall ensure that the Goods are stuffed in cargo-worthy Containers. If Containers are provided by the Carrier, Merchant shall ensure cargo-worthiness of empty Containers prior to lifting the Containers from the yard. The Merchant is liable for damage to or loss of Containers including for payment of detention/demurrage charges in case of failure to return the Containers to the nominated yard/terminal within the agreed free time. 8. Merchant's Packing: Without prejudice to clause 3.B(2)c), Merchant shall be liable for any loss, damage, or injury caused by faulty or insufficient packing of the Goods or by faulty stowage/stuffing of the Goods in the Containers or loading on trailers and on flats unless these operations are undertaken by the Carrier, or by the defect or unsuitability of the Containers, trailers, or flats, when supplied by Merchant, and shall indemnify Carrier against any additional expenses so caused. 9. Dangerous Goods and Indemnity: (1) Merchant undertakes not to tender for transportation any Goods which are of an explosive, inflammable, radioactive, corrosive, damaging, noxious, hazardous, poisonous, injurious, or dangerous nature without giving prior written notice of their nature to Carrier and marking the Goods and Containers or other covering on the outside as required by applicable laws/regulations. (2) If the requirements of sub-clause (1) are not complied with and/or in case of any misdeclaration, the Goods may, at any time or place, be unloaded, thrown overboard, destroyed, or rendered harmless or otherwise disposed of at Carrier's discretion without compensation and at the Merchant’s cost, and Merchant shall indemnify Carrier against all loss, damage, or expense arising out of the Goods being tendered for transportation. Further, Carrier shall be under no liability to make any General Average contribution in respect of such Goods. (3) If the Goods of a dangerous nature that were tendered in compliance with sub-clause (1) become a danger to the vessel, cargo, or any other property or person, such Goods may similarly be unloaded, thrown overboard, destroyed, rendered harmless, or otherwise disposed of at Carrier's discretion without compensation at the risk and cost of the Merchant. 10. Deck Cargo, Live Animals: (1) Goods stowed in poop, forecastle, deckhouse, shelter deck, passenger space, or any other covered space shall be deemed to be stowed under deck for all purposes including General Average. (2) Carrier has the right to carry the Goods in containers under deck or on deck. When Goods are carried on deck, Carrier shall not be required to specially note, mark, or stamp any statement of "on deck stowage" on the face hereof, any custom to the contrary notwithstanding, and the Goods so carried shall be deemed to be carried under deck for all purposes including General Average and shall be subject to the applicable Hague Rules legislation or Hague-Visby Rules legislation as provided for in Clause 4.B.(1) hereof. (3) The Goods carried on deck and herein stated to be so carried, and live animals, birds, reptiles, fish, and plants, are accepted solely at the risk of Merchant, and Carrier shall not be liable for any accident, disease, mortality, loss of or damage to live animals, birds, reptiles, fish, or plants, whether or not caused by the act or negligence of Carrier or by the unseaworthiness of the vessel. 11. The Amount of Compensation: (1) When Carrier is liable for compensation in respect of loss of or damage to the Goods, such compensation shall be calculated by reference to the Merchant's net invoice value of the Goods plus freight, charges, and insurance premium if paid. In no event shall Carrier be liable for any loss of profit or any consequential loss or damage save as provided in Clause 12. (2) Except for the case where Clause 4 applies, compensation shall not, however, exceed US $1 per kilo of gross weight of the Goods lost or damaged. (3) Higher compensation may be claimed only when, with the consent of Carrier, the value for the Goods declared by Merchant, which exceeds the limits laid down in this clause, has been stated in this BL. In that case, the amount of the declared value shall be substituted for that limit. Any partial loss or damage shall be adjusted pro-rata on the basis of such declared value. 12. Liability for Delay: The Carrier does not guarantee transit times and shall not be liable for delay in carriage or delivery of the Goods and transit and arrival times. If, however, Carrier is held liable in respect of delay, consequential loss, or damage other than loss of or damage to the Goods, the liability of Carrier shall be limited to the double freight for the transport covered by this BL, or the value of the Goods as determined in Clause 11, whichever is the lesser. 13. Defenses and Limits for Carrier: The defenses and limits of liability provided for in this BL shall apply in any action against Carrier for loss of or damage to the Goods and for Carrier's liability for delay, whether the action is founded in contract or in tort. 14. Sub-Contracting: (1) Carrier 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 undertaken by Carrier in relation to the Goods. (2) Merchant undertakes that no claim or allegation shall be made against any servant, agent, or subcontractor of Carrier that imposes or attempts to impose upon any of them or any vessel owned by any of them any liability whatsoever in connection with the Goods. If any such claim or allegation should nevertheless be made, Merchant shall indemnify Carrier against all consequences thereof. Without prejudice to the foregoing, every such servant, agent, and subcontractor shall have the benefit of all provisions herein for the benefit of Carrier as if such provisions were expressly for their benefit, and in entering into this contract, Carrier, to the extent of those provisions, does so not only on his own behalf but also as agent and trustee for such servants, agents, and subcontractors. (3) Subject to the provisions of Clause 13, the aggregate of the amounts recoverable from Carrier and his servants, agents, or subcontractors shall in no case exceed the limits provided for in this BL. (4) The expression "Sub-Contractor" in this clause shall include any person referred to in Clause 3.A.(3). 15. Method and Route of Transportation: Carrier reserves to himself reasonable liberty as to the means, route, and procedure to be followed in the handling, stowage, and transportation of the Goods. The Carrier may trans-ship the Goods at its sole option, without the consent of or notifying the Merchant. 16. Matters Affecting Performance: If at any time the performance of the contract evidenced by this BL is or is likely to be affected by any hindrance, risk, delay, difficulty, or disadvantage of whatsoever kind which cannot be avoided by the exercise of reasonable endeavor, Carrier (whether or not the transport is commenced) may without notice to Merchant treat the performance of this contract as terminated and place the Goods or any part of them at Merchant's disposal at any place or port which Carrier may deem safe and convenient, whereupon the responsibility of Carrier in respect of such Goods shall cease. Carrier shall nevertheless be entitled to full freight and charges on the Goods received for transportation and Merchant shall pay any additional costs of carriage to and delivery and storage at such place or port. 17. Delivery: If delivery of the Goods or any part thereof is not taken by Merchant at the time and place when and where Carrier is entitled to call upon Merchant to take delivery thereof, Carrier shall be entitled to store and/or dispose of the Goods or the part thereof at the sole risk of Merchant, whereupon the liability of Carrier in respect of the Goods or that part thereof stored or disposed of as aforesaid (as the case may be) shall wholly cease and the cost of such storage or disposal (if paid by or payable by Carrier or any agent or subcontractor of Carrier) shall forthwith upon demand be paid by Merchant to Carrier. In addition, in such an event the Carrier shall also be entitled to recover detention/demurrage and all other charges which accrue on the containers and the Merchant undertakes to pay the same forthwith upon demand by the Carrier. 18. Freight and Charges: (1) Freight and charges shall be paid in full and in cash and whether prepayable or payable at destination at the prevailing exchange rate on the day of payment, shall be deemed as fully earned on receipt of the Goods by Carrier and not to be returned or relinquished in any event. (2) The freight has been calculated on the basis of particulars furnished by or on behalf of Merchant. Carrier may at any time open any Container(s) or other package(s) or unit(s) in order to reweigh, remeasure, or revalue the contents at the risk and expense of Merchant, and if the particulars furnished by or on behalf of Merchant are incorrect, it is agreed that a sum equal to either 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 smaller, shall be payable as liquidated damages to Carrier. (3) Merchant shall be jointly and severally liable to Carrier for the payment of all freight and charges and for the performance of the obligation of each of them hereunder. (4) Merchant shall comply with all regulations or requirements of customs, port, and other authorities and shall bear and pay all duties, taxes, fines imposed, expenses or losses incurred or suffered by reason thereof or by reason of any illegal, sanctioned, incorrect, or insufficient marking, numbering, or addressing of the Goods, and indemnify Carrier in respect thereof. (5) Merchant shall reimburse Carrier in proportion to the amount of freight for any costs for deviation or delay or any other increase of costs of whatever nature caused by war, warlike operations, epidemics, strikes, government directions, or force majeure. 19. Lien: (1) Carrier shall have a lien on the Goods and any documents relating thereto (including OBLs and delivery orders) for any and all sums payable to Carrier under this contract and/or for all sums receivable by the Carrier from the Merchant under any other contract concluded between the Merchant and the Carrier (whether prior to or after conclusion of this contract) and for General Average contributions to whomever due and for the cost of recovering the same and for that purpose shall have the right to sell the Goods by public auction or private treaty without notice to the Merchant. If on sale of the Goods, the proceeds fail to cover the amount due and the cost incurred, Carrier shall be entitled to recover the deficit from Merchant. (2) If the Goods are unclaimed during a reasonable time, or whenever in Carrier's option the Goods will become deteriorated, decayed, or worthless, Carrier may, at its discretion and subject to its lien and without any responsibility attaching to it, sell, abandon, move to another port, or dispose of such Goods solely at the risk and expense of the Merchant. (3) The Merchant shall be fully liable for any damage, loss, or claims arising out of damage or loss of Containers occurring while in their custody or their agents, sub-contractors, including for resulting detention or demurrage charges. 20. Notice: Unless notice of loss or damage to the Goods and the general nature of the Goods be given in writing to Carrier or the persons referred to in Clause 3.A.(3) above at the place of delivery before or at the time of the removal of goods into the custody of the person entitled to delivery thereof under this BL, or if the loss or damage be not apparent, within six consecutive days after removal, such removal shall be prima facie evidence of the delivery by Carrier of the Goods as described in this BL. 21. Time Bar: In any event, the Carrier shall be discharged from all liability in respect of non-delivery, misdelivery, delay, loss, or damage unless suit is brought within one year after delivery of the Goods or the date when the Goods should have been delivered. 22. General Average: The Merchant shall admit that General Average may be declared during the course of or in respect of the carriage of the Goods by sea and shall in such a case undertake to make for settlement of the General Average such contribution due from the Goods as is determined in accordance with the York-Antwerp Rules, 1974. 23. Both to Blame Collision: If the vessel carrying the Goods (the carrying vessel) comes into collision during the carriage by sea with another vessel as a result of the negligence of the other vessel, and any act, neglect, or default of the Master, mariner, pilot, or the servants of the owner in the navigation or in the management of the carrying vessel, the Merchant shall indemnify the Carrier against all loss or liability which might be incurred directly or indirectly to the other or non-carrying vessel or her owners in so far as such loss or liability represents loss of or damage to the Goods or any claim whatsoever of the Merchant paid or payable by the other or non-carrying vessel or her owners to the Merchant and set-off, recouped, or recovered by the other or non-carrying vessel or her owners as part of their claim against the carrying vessel or the owner thereof. The foregoing provisions shall also apply where the owners, operators, or those in charge of any vessel or vessels or objects other than, or in addition to, the colliding vessels or objects are at fault in respect of a collision or contact. 24. Force Majeure: The Carrier is not liable for any failure or delay in performing its obligations or for increased costs if such failure or delay or increased costs is attributable to flood, fire, storm, earthquake, tsunami, epidemic/pandemic, riot, war (including civil war), labor unrest, orders passed by statutory authorities, and any other act of God or Government/Rulers or Statutory Authorities which were beyond the Carrier’s reasonable control. 25. Handling Original Bills of Lading (OBL): (1) The Merchant must (a) upon getting an OTP generated through the Carrier’s web-portal/application, physically print 3 OBLs (including the reverse terms and conditions) with the BL number clearly visible on the top. All OBLs must be printed only through the Carrier's online BL printing system, referred to as the "OBL-Secure-Print." (b) After printing the OBLs, the shipper must endorse, sign, and date the OBLs in permanent blue ink. (c) Thereafter, the OBLs duly endorsed must be uploaded on the Carrier's mobile App for further processing by the Carrier. (2) Submission at Port of Discharge: The receiver at destination must upload one of the three endorsed OBLs (with "CANCELLED" visibly written across its face in permanent blue ink) by photographing the OBL using the Carrier's secure mobile app together with the OTP referred to in clause 25(1). Thereafter the receiver must physically destroy all the OBLs at hand. Uploading of a scanned copy of the BL with the OTP by the receiver shall be treated as surrender of the OBL and upon the happening of which the Carrier shall be entitled to deliver the Goods to the receiver. (3) The Merchant shall indemnify and hold the Carrier harmless for any losses or consequences arising out of any misuse including, and not limited to, sharing of colored scan copies of OBL or sharing of OTP with any unauthorized entities or failure to destroy the submitted OBL as per 25(2). (4) T&C online on tnc.clikship.io shall apply if the back of BL is not printed for any reason.