Term & Condition – GLN CONTAINER LINE

Terms & Condition

I. GENERAL PROVISIONS

Applicability

Notwithstanding the heading “Combined Transport”, the provisions set out and referred to in this Bill shall also apply, if the transport described in this Bill is performed only by one mode of transport.

Definitions

“Bill” means this document, whether issued as a Bill of Lading or a Sea Waybill or in paper or electronic form.

“Carrier” means GLN Container Lines Sdn Bhd, on whose behalf this Bill has been signed.

“Goods” means the whole or any part of the cargo accepted from the Shipper and includes the packing and any equipment supplied by or on behalf of the carrier.

“Combined Transport” arises if the Place of Receipt and/or the Place of Delivery are indicated on the face hereof in the relevant spaces.

“Container” includes any container, trailer, transportable tank, flat or pallet or similar article used to consolidate goods and ancillary equipment.

“Merchant” includes any Person who has been or becomes the Shipper, Holder, Consignee, or Receiver of the goods, any person owning or entitled to the possession of the Goods or of this Bill and anyone acting on behalf of any such persons.

“Hague Rules” means the provisions of the International Convention for the Unification of Certain Rules relating to the Bill signed at Brussels on 25^th August 1924 and includes the amendments by the Protocol signed at Brussels on 23^rd February 1968, but only if such amendments are compulsorily applicable to this Bill. It is expressly if nothing in this Bill shall be construed as contractually applying said Rules as amended by said Protocol.

“Force Majeure” shall include, but not be limited to, work stoppages, civil commotion, strikes, accidents, casualties, lockouts, fire, transportation disasters, acts of God, governmental restraints (including governmental import restrictions and voluntary quotas arising from the threat of governmental restraints), war or hostilities, embargoes, or other similar conditions.

“Holder” means any person for the time having/ or entitled to this Bill to whom the property in the Goods has passed on because of the consignment of the Goods or the endorsement of this Bill. “Port to Port” arises when the Carriage is not Combine Transport.

“Verified Gross Mass” means the combined mass of a container’s tare mass and the masses of all packages and cargo items, including but not limited to pallets, dunnage, other packaging material and securing materials packed in the Container and verified by one of the methods of weighing specified in SOLAS – Chapter VI Regulation 2.

Carrier’s Tariff. The terms of the Carrier’s applicable Tariff at the date of the shipment are incorporated herein. Copies of the relevant provisions of the applicable Tariff are available from the Carrier upon request or download from www.glnship.com.my. This Bill shall prevail in the inconsistency between this Bill and the applicable Tariff.

Warranty. The Merchant warrants that in agreeing to the terms hereof he is, or has the authority of, the person owning or entitled to the possession of the Goods and this Bill.

Time Bar. All liability of the Carrier shall cease unless the suit is bought within 1 year months after delivery of the Goods or when the Goods should have been delivered.

Law and Jurisdiction.

Unless provided elsewhere herein, any dispute arising under this Bill shall be decided in the Courts of Malaysia and the law of Malaysia shall apply to the Merchant who irrevocably agrees to submit to this jurisdiction.

(1) Nothing herein shall prevent the parties to any claim or dispute under this Bill from agreeing to submit the claim or dispute to arbitration by mutually acceptable arbitrator(s) on mutually acceptable terms at a mutually acceptable venue.

II. PERFORMANCE OF THE CONTRACT

5. Sub-contracting.

The Carrier shall be entitled to sub-contract on any term the whole or any part of the carriage, loading, unloading, storing, warehousing, handling and all duties undertaken by the Carrier to the Goods.
The Merchant undertakes that no claim or allegation shall be made against any servant, agent or sub-contractor of the Carrier which imposes or attempts to impose upon any of them or any vessel owned by any of them any liabilities whatsoever in connection with the Goods, and if any such claim or allegation should nevertheless be made, to indemnity the Carrier against all consequence thereof. Without prejudice to the foregoing, every such servant, agent and sub-contractor shall have the benefit of all provisions herein benefiting the Carrier as if such provisions were expressly for their benefit, and in entering this contract, the Carrier, to the extent of those provisions, does so not only its behalf but also as agent and trustee for such servants, agents, and sub-contractors.
This clause’s expression “sub-contractor” shall include direct and indirect sub-contractors, including stevedores and respective servants and agents.
The provisions of Clause 6(2), including but not limited to the undertakings of the Merchant contained therein, shall extend to claims or allegations of whatsoever nature against other Persons chartering space on the carrying Vessel.
The Merchant further undertakes that no claim or allegation to the Goods shall be made against the Carrier by any Person, other than by the terms and conditions of this Bill, which imposes or attempts to impose upon the Carrier any liability whatsoever in connection with the Goods or the Carriage of the Goods, whether or not arising out of negligence on the part of the Carrier and, if any such claim or allegation should nevertheless be made, to indemnity the Carrier against all consequence thereof.

6. Methods and Routes of Transportation.

(1) The Carrier may at any time and without notice to the Merchant:

Use any means of transport or storage, including railway, road vehicle or inland river services.
Transfer the Goods from one conveyance to another, including but not limited to transshipping or carrying the same on a vessel other than the one named overleaf or any other transfer means.
Proceed by any route at his discretion (whether any of the nearest or most direct or customary or advertised routes) and proceed to or stay at any place or port once or more often and in any order.
Unpack and remove the Goods which have been packed into a container and forward them in a Container or otherwise
Load and unload the Goods at any place or port (whether any such port is named overleaf as the Port of Loading or Port of Discharge) and store the Goods at any such place or port.
Comply with any orders or recommendations given by any government or Authority or any person or body acting or purporting to act as or on behalf of such Government or Authority or having under the terms of the insurance on the conveyance employed by the Carrier the right to give the orders or directions.

(2) The liberties set out in sub-clause (1) may be invoked by the Carrier for any purpose whatsoever, whether or not connected with the Carriage of the Goods, including loading or unloading other Goods, bunkering, undergoing repairs, towing, or being towed, adjusting instruments, dry docking, picking up or landing any persons and assisting vessels in all situations, and anything done per sub-clause (1) or any delay arising from there shall be deemed to be within the contractual carriage and shall not be a deviation.

7. Optional Stowage.

The Goods may be stowed by the Carrier using containers, trailers, transportable tanks, flats, pallets, or similar articles of transport used to consolidate goods.
Containers, trailers, transportable tanks, and covered flats, whether stowed by the Carrier or received by him in a stowed condition from the Merchant, may be carried on or under deck without notice to the Merchant. All such Goods, whether carried on deck or under deck, shall participate in general average and shall be deemed to be within the definition of goods for the Hague Rules and carried subject to those Rules.

8. Hindrance etc. Affecting Performance.

The Carrier shall use reasonable endeavours to complete the transport and deliver the goods to the designated place.
If at any time the performance of the contract as evidenced by this Bill is or will be affected by any hindrance, risk, delay, difficulty, or disadvantage of whatsoever kind, and if by sub-clause 8(1) the Carrier has no duty to complete the performance of the contract, the Carrier (whether the transport is commenced) may elect to:

(a) treat the performance of this contract as terminated and place the goods at the Merchant’s disposal at any place which the Carrier shall deem safe and convenient, or (b) deliver the goods to the place designated for delivery.

If the goods are not taken delivery of by the Merchant within a reasonable time after the Carrier has called upon him to take delivery, the Carrier shall be at liberty to put the goods in safe custody on behalf of the Merchant at the latter’s risk and expense.
In any event, the Carrier shall be entitled to full freight for goods received for transportation and additional compensation for extra costs resulting from the above-mentioned circumstances.

III. CARRIER’S LIABILITY

9. Basic Liability.

(A) Port to Port Shipment

Where the Carriage called for by this Bill is a Port-to-Port Shipment. The liability (if any) of the Carrier for loss of or damage to the Goods occurring from and during loading on to any sea-going vessel up to and during discharge from the vessel or from another sea-going vessel into which the Goods have been transshipped shall be determined following the Carriage of Goods by Sea Act 1950 (Revised in 1994) of Malaysia.
All the terms of this Bill (except Clause 10(2) shall apply to such carriage.
If the Merchant requests the Carrier to procure Carriage by an Inland Carriage and the Inland Carrier, in his discretion, agrees to do so, such Carriage shall be procured by the Carrier as agent only to the Merchant, and the Carrier shall have no liability for such carriage or the acts or omission of such inland carrier.

(B) Combined Transport

The Carrier shall be liable for loss of or damage to the Goods occurring between the time he receives the Goods into his charge and the delivery time.
The Carrier shall, however, be relieved of liability for any loss or damage if such loss or damage arose or resulted from:
The wrongful act or neglect of the Merchant.
Compliance with the instructions of the person entitled to give them.
The lack of, or defective condition of packing in the case of Goods liable to wastage or damage when not packed or properly packed.
Handling, loading, stowage or unloading of the Goods by or on behalf of the Merchant.
Inherent vice of Goods.
Insufficiency, inadequacy, marks, or numbers on the Goods, coverings, or containers.
Strike, lockouts, stoppage, or labour restraints, whether partial or general.
Any cause or event which the Carrier could not avoid and the consequence of which he could not prevent by exercising reasonable diligence.

When under sub-clause (2) the Carrier is not under any liability in respect of some of the factors causing the loss or damage, he shall only be liable to the extent that those factors for which he is liable under this clause have contributed to the loss or damage.
The burden of proving that the loss or damage was due to one or more of the causes, or events, specified in (a), (b) and (h) of sub-clause (2) shall rest upon the Carrier. When the Carrier establishes that in the circumstances of the case, the loss or damage could be attributed to one or more of the causes or events specified in (c) to (g) of sub-clause (2), it shall be presumed that it was so caused. The Merchant shall, however, be entitled to prove that the loss or damage was not caused wholly or partly by one or more causes or events.

The Carrier shall not be liable for any loss of or damage to the Goods before receipt of the Goods in his charge, after delivery, or when the Goods should have been delivered.
Where this Bill is part of a contract of carriage involving several Carrier, each Carrier will only be responsible for that part of the carriage he performed.

10. The Amount of Compensation.

When the Carrier is liable for compensation for loss or damage to the Goods, such compensation, the sound value of the Goods shall be calculated by reference to the invoice value of the Goods plus freight charges and insurance if paid.
If there is no invoice value of the Goods, such compensation shall be calculated by reference to their value at the place and time they are delivered to the Merchant per the contract or should have been so delivered. The value of the Goods shall be fixed according to the commodity exchange price or, if there be no price, according to the current market price, or, if there be no commodity exchange price or current market price, by reference to the normal value of Goods of the same kind and quality.
The liability of the Carrier shall in no event exceed the limit provided in the applicable Malaysia Law, revised from time to time. In determining the liability of the Carrier, the liability shall in no event be or become liable for any loss or damage to or in connection with Goods in any amount exceeding the limit in an equivalent to 666.67 SDR per package or other shipping unit, or 2 SDR per kilogram of the gross weight of the Goods lost or damaged, whichever is higher.
Higher compensation may be claimed only when, with the consent of the Carrier, the value for the Goods declared by the Shipper which exceeds the limits laid down in this Clause has been stated on the face of this Bill. In that case, the declared value amount shall be substituted for that limit. Any partial loss or damage shall be adjusted pro rata based on declared value.

11. Special Provisions – Combined Transport.

(1) Notwithstanding anything provided for in Clause 10(2) and 11 of this Bill and subject to Clause 25, if it can prove where the loss or damage occurred, the Carrier and/or the Merchant shall, as to the liability of the Carrier, be entitled to require such liability to be determined by the provisions contained in any international convention or national law which provisions.

Cannot be departed from by private contract to the detriment of the Merchant; and
Would have applied if the Merchant had made a separate and direct contract with the Carrier in respect of the stage of transport where the loss or damage occurred and received as evidence thereof of any document which must be issued if such international convention or national law shall apply.

(2) Insofar as The Hague Rules contained in the International Convention for the Unification of Certain Rules Relating to Bill dated 25^th August 1924, do not apply to carriage by sea under the foregoing provisions of this clause, the liability of the Carrier in respect of any Carrier in respect of any carriage by sea shall be determined by that Convention. The Hague Rules shall also determine the liability of the Carrier in respect of carriage by inland waterways as if such carriage were carriage by sea. Furthermore, they shall apply to all goods carried on or under deck.

12. Delay, Consequential Loss etc.

The Carrier does not undertake that the Goods shall arrive at the port of discharge or place of delivery at any time or to meet any market or use, and save as provided in Clause 12, the Carrier shall in no circumstances be liable for any indirect or consequential loss or damage caused by delay.
Save as otherwise provided herein, the Carrier shall not be liable for direct, indirect, or consequential loss or damage arising from any other cause.
The terms of this Bill shall govern the responsibility of the Carrier in connection with or arising out of the supply of a container to the Merchant, whether before or after the Goods are received by the carrier for transportation or delivered to the Merchant.

13. Notice of Loss.

The Carrier shall be deemed prima facie to have delivered the Goods as described in the Bill unless notice of loss of or damage to the Goods, indicating the general nature of such loss or damage, shall have been given in writing to the Carrier or to his representative at The Place of Delivery (or the Port of Discharge if no Place of Delivery is named on the face thereof) before or at the time of removal of the Goods into the custody of the person entitled to delivery thereof under this Bill.
Where the loss or damage is not apparent, the same prima facie effect shall apply if notice in writing is not given within three (3) consecutive days after that.

14. Defences and Limits of the Carrier.

The defences and limits of liability provided in this Bill and under law, shall apply in any action against the Carrier for loss or damage to the Goods, whether the action can be founded in contract or tort.

IV. DESCRIPTION OF GOODS.

15. Carrier’s Responsibility.

The information in this Bill shall be prima facie evidence of the receipt by the Carrier of the Goods as described by such information unless a contrary indication, such as “Shipper weight, load and count”, “Shipperpacked container” or similar expressions, have been made in the printed text or superimposed on the Bill. Proof to the contrary shall not be admissible when the Bill has been transferred to a third party who, in good faith, has relied upon and acted thereon.

16. Merchant’s Responsibility.

All the Persons coming within the definition of Merchant in Clause 1 shall jointly and severally liable to the Carrier for the due fulfilment of all obligations undertaken by the Merchant in this Bill and remain so liable throughout Carriage, notwithstanding their having transferred this Bill and/or title to the Goods to another party.
The shipper warrants to the Carrier that the particulars relating to the Goods as set out overleaf have been checked by the Shipper on receipt of this Bill and that such, and any other particulars furnished on behalf of the Shipper, are adequate and correct. The Shipper also warrants that the Goods are lawful and contain no contraband. If the container is not supplied by or on behalf of the Carrier, the Shipper further warrants that the container meets all ISO and/or other (inter-)national safety standards and that it fits in all respects for Carriage by the Carrier.
The Merchant shall indemnify the Carrier against all claims, losses, damages, fines, and expenses arising or resulting from any breach of any of the warranties in Clause 17(2) hereof or from any other cause in connection with the Goods for which the Carrier is not responsible.
The Merchant shall comply with all regulations or requirements of Customs, port, and other authorities and shall bear and pay all duties, taxes, fines, imposts expenses or losses (including, without prejudice to the generality of the foregoing, Freight for any additional Carriage undertaken) incurred or suffered in respect of the Goods and shall indemnify the Carrier in respect thereof.
If the Containers supplied by or on behalf of the Carrier are unpacked at the Merchant’s premises, the Merchant is responsible for returning the empty containers, free from labels, etc., with interiors brushed, clean, odour-free and in every respect fit for immediate reuse, to the point or place designated by Carrier, his servants, or agents within the time prescribed. Should a Container not be returned as required above within the time prescribed, the Carrier is entitled to take such steps as he considers appropriate for the Merchant’s account, and the Merchant shall be liable for any detention, loss or expense incurred as a result thereof.
Container release into the care of the Merchant for packing, unpacking or any other purpose whatsoever is at the sole risk of the Merchant until redelivered to the Carrier. The Merchant shall indemnify the Carrier for all loss and/or damage to such Containers during such period. The Merchant shall also indemnify the Carrier for any loss, damage, injury, fines, or expenses caused or incurred by such Container whilst under his control.

V. FREIGHT, CHARGE AND LIEN.

17. Freight and Charges.

Freight and charges shall be deemed fully earned on receipt of the Goods by the Carrier and shall be paid and non-returnable in any event.
The Merchant’s attention is drawn to the stipulations concerning the currency in which the freight and charges are to be paid, the exchange rate, devaluation, and other contingencies relative to freight and charges in the relevant tariff conditions. If no such stipulation as to devaluation exists or is applicable the following shall apply:

If the currency in which freight and charges are quoted is devalued between the date of the freight agreement and when the freight and charges are paid. Then, all freight and charges shall be automatically and immediately increased proportionally to the extent of the currency’s devaluation.

To verify the freight basis, the Carrier reserves the right to inspect the contents of containers, trailers, or similar transport articles to ascertain the weight, measurement, value, or nature of the Goods.

18. Lien.

The Carrier shall have a lien on the Goods and any documents relating thereto, which shall survive delivery, for all sums payable by the Merchant to the Carrier under this contract and for general average and Salvage contribution, to whomsoever due. The Carrier shall also have a lien against the Merchant on the Goods and any documents relating thereto for all sums due from the Merchant to the Carrier under any other contract. For recovering any sum due, the Carrier shall have the right to sell the Goods by public auction or private sale without notice to the Merchant, and the Carrier’s lien shall extend to cover the cost of recovering any sum due.

VI. MISCELLANEOUS PROVISIONS.

19. Dangerous Goods.

The Carrier undertakes to carry Goods of an explosive, inflammable, radioactive, corrosive, damaging, noxious, hazardous, poisonous, and injurious or any other dangerous nature only upon the Carrier’s acceptance of a prior written application by the Merchant for Carriage of such Goods, which acceptance of Carrier shall not be obliged to give.
The Merchant shall comply with all internationally recognised requirements and all rules, which apply according to national law or because of International Convention, relating to the carriage of goods of a dangerous nature and shall, in any event, inform the Carrier accurately in writing of the exact nature of the danger before goods of a dangerous nature are taken into charge by the Carrier and indicate to him if need be, the precautions to be taken.
If sub-clause (2) requirements are not complied with, the Merchant shall indemnify the Carrier against all loss, damage or expenses arising from the Goods being tendered for transportation or handled or carried by the Carrier.
Goods which are or at any time become dangerous, inflammable, radioactive or damaging may, at any time or place, be unloaded, destroyed, or rendered harmless without any compensation. If the Merchant has not given notice of their nature to the Carrier under (2) above, the Carrier shall be under no liability to make any General Average contribution regarding such Goods.

Regulations Relating to Goods.

The Merchant shall comply with all regulations or requirements of customs, ports, and other authorities, and shall bear and pay all duties, taxes, fines, imposts, expenses, or losses incurred or suffered by reason thereof or because of any illegal, incorrect, or insufficient marking, numbering, or addressing of the Goods, and indemnify the Carrier in respect thereof.

Shipper-Packed Containers.

(1) If a container has not been filled, packed, or stowed by the Carrier, the Carrier shall not be liable for any loss of or damage to its contents, and the Merchant shall cover any loss or expense incurred by the Carrier if such loss, damage, or expense has been caused by:

negligent filling, packing or stowing of the container;
the contents being unsuitable for carriage in the container or
the container’s unsuitability or defective condition unless the container has been supplied by the Carrier and the unsuitability or defective condition would not have been apparent upon reasonable inspection at or before the container was filled, packed, or stowed.

The provisions of sub-clause (1) of this Clause also apply to trailers, transportable tanks, flats, and pallets which have not been filled, packed, or stowed by the Carrier.
The Merchant shall inspect the Container(s) when furnished by or on behalf of the Carrier, and shall be deemed to have been accepted by the Merchant as being in sound and suitable condition for the Carriage, unless he gives notice to the contrary in writing to the Carrier; and
If the Carrier delivers the container(s) with the seal intact, such delivery shall be deemed as a complete performance of the Carrier’s obligation and the Carrier shall not be liable for any loss of or damage to the contents of the Container(s).
The Carrier does not accept liability for damage due to the unsuitability or defective condition of reefer equipment or trailers supplied by the Merchant.

22. Notification and Delivery.

Any mention in this Bill of parties to be notified of the arrival of the Goods is solely for the information of the Carrier, and failure to give each notification shall not involve the Carrier in any liability nor relieve the Merchant of any obligation hereunder.
The Merchant shall take delivery of the Goods within the free storage time provided for in the Carrier’s applicable Tariff(s) or otherwise.
If the Merchant fails to take delivery of the Goods or part of them under this Bill, the Carrier may without notice unstow the Goods or that part thereof and/or store the Goods or that part thereof ashore, afloat, in the open or under cover. Such storage shall constitute due delivery hereunder, and thereupon, all liability of the Carrier regarding the Goods or that part thereof shall cease.
The Merchant’s attention is drawn to the stipulations concerning free storage time and demurrage in the Carrier’s applicable Tariff, which is incorporated in this Bill.
Goods will only be delivered in the container to the Merchant if all Bills in respect of the contents of the container have been surrendered, authorizing delivery to a single Merchant at a single place of delivery. If this requirement is not fulfilled, the Carrier may unstow the container and deliver the Goods without the container to the Merchant. Such delivery shall constitute due delivery hereunder but will only be effected against payment by the Merchant of L.C.L. Service Charges appropriate to L.C.L. cargo (as laid down in the Tariff) and the costs incurred for any additional services rendered.

Inspection of Goods.

The Carrier shall be entitled, but under no obligation, to open and/or scan any Container or package at any time and to inspect, reweigh, remeasure, revalue, or repack the cargo without notice to the Merchant. If, according to any of the Carrier’s rights under this Bill or if by order of the authorities at any place, a container or package must be opened and/or the seal of a Container broken, the Carrier will not be liable for any loss or damage incurred because of any opening, unpacking, inspection, re-weighing, re-measurement, revaluation, or repacking. The Merchant shall indemnify the Carrier for the cost of all measures taken as above.

Deck Cargo and Livestock.

Goods (not being Goods stowed in containers other than flats or pallets) which are stated herein to be carried on deck and livestock, whether carried on deck, are carried without responsibility on the part of the Carrier for loss or damage of whatsoever nature arising during carriage by sea whether caused by unseaworthiness or negligence or any other cause whatsoever.
When the Goods in container(s) are carried on deck, the 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. The Goods so carried shall be subject to the applicable Hague Rules legislation, and the stowage of such Goods shall be deemed to constitute under deck stowage for all purposes, including general average.

25. Refrigerated Cargo.

The Merchant undertakes not to tender for transportation any Goods which require refrigeration without previously giving written notice of their nature and particular temperature range to be maintained and, in the case of a refrigerated container packed by or on behalf of the Merchant, further undertakes that the Goods have been properly stowed in the container and that its thermostat controls have been adequately set by him before receipt of the Goods by the Carrier. If the above requirements are not complied with, the Carrier shall not be liable for any loss or damage to the Goods, howsoever arising.
The Carrier shall not be liable for any loss or damage to the Goods arising from latent defects, breakdown, or stoppage at the refrigerating machinery, plant insulation &/or any apparatus of the container, vessel, conveyance, and any other facilities provided that the Carrier shall, before or at the beginning of the transport, exercise due diligence to maintain the refrigerated container in an efficient state.

Carriage Affected by Condition of Goods

If it appears at any time that, due to their condition, the Goods cannot safely or properly be carried further or without incurring additional expense or taking any measure(s) to the container or the Goods, the Carrier may, without notice to Merchant, take any measure(s) and/or incur any additional expense to carry or to continue the Carriage and/or store them ashore or afloat, under cover or in the open, at any place, whichever Carrier, in its absolute discretion, considers most appropriate. Furthermore, the Carrier shall be entitled with or without notice to the Merchant to abandon the Goods, whether in-store or not, or to effect a sale or disposal of the Goods as necessary or appropriate. The Carrier’s liability shall cease upon such abandonment, storage, sale, or disposal. The Merchant shall indemnify Carrier against any additional legal fees and expenses incurred.

Return of Containers.

For this Clause, the Consignor shall mean the Person who concludes this Contract with the carrier and the Consignee shall mean the person entitled to receive the goods from the Carrier.
Container, pallets, or similar articles of transport supplied by or on behalf of the Carrier shall be returned to the Carrier in the same order and condition as handed over to the Merchant, normal wear and tear excepted, with interiors clean and within the time prescribed in the Carrier’s tariff or elsewhere.
(a) The Consignor shall be liable for any loss of, damage to, or delay, including demurrage and detention, of such articles, incurred during the period between handing over to the Consignor and return to the Carrier for carriage.

(b) The Consignor and the Consignee shall be jointly and severally liable for any loss of, damage to, or delay, including demurrage and detention, of such articles, incurred during the period between handing over to the Consignee and return to the Carrier.

Clause Paramount.

This bill shall have effect subject to the provisions of the Carriage of Goods by Sea Act 1950 of Malaysia, the Hague Rules, or the Hague-Visby Rules, as applicable, or such other similar national legislation as may mandatorily apply under origin or destination of the bills, which shall be deemed to be incorporated herein and nothing herein contained shall be deemed as surrender by the carrier of any of its rights or immunities or an increase of any of its responsibilities or liabilities under said applicable Act. If any term of this bill be repugnant to said applicable Act to any extent, such term shall be void to that extent, but no further. In the absence of any compulsorily applicable regime, it is hereby agreed that the bill shall incorporate by contract, all of the provisions of the Hague Visby Rules as set out in the First Schedule to the Malaysian Carriage of Goods By Sea Act 1950.

Both-To-Blame Collision.

If the vessel comes into collision with another vessel as a result of the negligence of the other vessel and of any act, neglect or default of the Master, Master, Pilot or the servants of the Carrier in the navigation or the management of the vessel, the Merchant will indemnify the Carrier against all loss or liability to the other non-carrying vessel or her owners in so far as such loss or liability represents loss of, or damage to 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 Carrier. The foregoing provision shall also apply where the owners, operators, or those in charge of any vessel, vessels, or objects other than, or in addition to, the colliding vessels or objects are at fault regarding collision or contact.

General Average.

General Average shall be adjusted at any port or place at the option of the Carrier per the York-Antwerp Rules 1994, or any modification thereof, covering all Goods, whether carried on or under deck. The General Average Statement in every instance shall be prepared by the Average adjuster selected by the Carrier. In average adjustment, disbursement in foreign currency shall be exchanged into any currency at the Carrier’s option at the rate prevailing at the time of payment and allowances for damage to cargo claimed in foreign currency shall be converted at the rate prevailing on the last day of discharge at the port of final discharge of such damaged cargo. The average agreement or bond and such additional security as may be required by the Carrier must be furnished before the delivery of the Goods. Such cash deposit, agreement or other security as the Carrier or its agents may consider requisite to cover the estimated contribution of the Goods and any salvage and special charges thereon shall be made by the Goods, or the Merchant(s) to the Carrier if required before delivery.
In the event of accident, danger, damage or disaster before or after commencement of the voyage resulting from any cause whatsoever, whether due to negligence or not, for which or for the consequence of which the Carrier is not responsible by statute or otherwise, the Merchant shall contribute with the Carrier in General Average to the payment of any sacrifice, loss or expenses of a General Average nature that may be made or incurred, and shall pay salvage and special charges incurred in respect of the Goods. If a salving vessel is owned or operated by the Carrier, salvage shall be paid for as fully as if the salving vessel or vessel belongs to strangers. If the Carrier delivers the Goods to the Merchant without claiming any average bond or other security for contribution to the General Average, the Merchant, by receiving the Goods, becomes personally liable for the contribution up to the C.I.F. value of the Goods provided the Carrier notifies the Merchant within 90 days after receipt by the Merchant of the Goods of his intention to declare General Average. If requested by the Carrier, the Merchant undertakes to disclose the Goods’ C.I.F. value and the insurer’s name and address. Unless the Merchant provides a guarantee for the payment of the General Average contribution from his underwriter, the Merchant is bound to provide the Carrier with such other security as deemed acceptable by the Carrier.
The Carrier shall be under no obligation to exercise any lien for General Average contribution due to the Merchant.
The above stipulations shall also apply to the contribution of containers in General Average or special charges.

If anything herein contained is inconsistent with any applicable international convention or national law which cannot be departed from by private contract, that provisions hereof shall, to the extent of such inconsistency but no further, be null and void.

New Jason Clause.

In the event of accident, danger or disaster before or after the commencement of the voyage, resulting from any cause whatsoever, whether due to negligence or not, for which or for the consequence of which, the Carrier is not responsible by statute, contract or otherwise, the goods, Shippers, Consignees or owners of the goods shall contribute with the Carrier in general average to the payment of any sacrifices, losses or expenses of a general average nature that may be made or incurred and shall pay salvage and special charges incurred in respect of the goods.

If a salving ship is owned or operated by the Carrier, salvage shall be paid for as fully as if the said salving ship or ships belong to strangers. Such deposit as the Carrier or his agent may deem sufficient to cover the estimated contribution of the goods and any salvage and special charges thereon shall, if required, be made by the goods, Shippers, Consignees, or owners of the goods to the Carrier before delivery.

Drug Clause.

In pursuance of the U.S. Anti-Drug Abuse Act 1986 provisions or any re-enactment thereof, the Charterers must exercise the highest degree of care and diligence in preventing unmanifested narcotic drugs and marijuana from being loaded or concealed on board the Vessel. Non-compliance with the provisions of this clause shall amount to a breach of warranty for consequences of which the Charterers shall be liable and shall hold the Owners, the Master, and the crew of the Vessel harmless and shall keep them indemnified against all claims, whatsoever which may arise or be made against them individually or jointly. Furthermore, all time lost and all expenses incurred, including fines, because the Charterers breached the provisions of this clause shall be for the charterer’s account, and the Vessel shall remain on hire. Should the Vessel be arrested because of the Charterers’ non-compliance with the provision of this clause, the Charterers shall, at their expense, take all reasonable steps to secure that within a reasonable time, the Vessel is released and at their expense, put up the bails to secure the release of the Vessel. The Owners shall remain responsible for all time lost, and all expenses incurred, including fines, if unmanifested narcotic drugs and marijuana are found in the possession or effects of the Vessel’s personnel.

War Clause.

No contraband of war shall be shipped. The Vessel shall not be required, without the consent of the Owners, which shall not be unreasonably withheld to enter any port or zone which is involved in a state of war, warlike operations, or hostilities, civil strife, insurrection or piracy whether there be a declaration of war or not, where the Vessel, cargo, crew might reasonably be expected subject to be capture, seizure or arrest, or to a hostile act by belligerent power (the term “power” meaning any de jure or de facto authority or any purported governmental organisation maintaining naval, military or air forces.) If the Owners give such consent, the Charterers shall pay the provable additional cost of insuring the vessel against hull risks in an amount equal to the value under her ordinary hull policy but not exceeding a valuation of In addition, the Owners may purchase and the Charterers will pay for war risk insurance on ancillary risks such as loss of hire, freight disbursements, total loss, blocking and trapping, etc. if such insurance is not obtainable commercially or through a government program, the Vessel shall not be required to enter or remain at any such port or zone. In the event of the existence of the conditions described in (I) after the date of this charter, or while the Vessel is on hire under this charter, the Charterers shall, in respect of voyages to any such port or zone, assume provable additional cost of wages and insurance properly incurred in connection with Master, officers and crew because of such war, warlike operations or hostilities. Any war bonus to officers and crew due to the Vessel’s trading or cargo carried shall be for the Charterers’ account.”

THE FOLLOWING CLAUSES ARE APPLICABLE ONLY WHEN THE DOCUMENT IS USED AS A SEA WAYBILL

Delivery will be made to the consignee or its authorized representative upon presentation of a delivery receipt or other evidence of identity and authorization satisfactory to the Carrier in its sole and absolute discretion without the need to produce or surrender a copy of the Sea Waybill.

Except as provided in this Sea Waybill, the contract of carriage as evidenced by this Sea Waybill is subject to the Terms and Conditions of the Carrier’s current Combined Transport Bill of Lading Clause 1 to 37, a copy of which may be obtained from Carrier and its agent or downloaded from www.glnship.com.my. The shipper accepts all said Terms and Conditions, including but not limited to the per package and other limitations of liability contained therein, on behalf of the Consignee and the Owner of the Goods and warrants that he has authority to do so.

The Consignee or other receiver of the Goods, by presenting this Sea Waybill and/or requesting delivery of the Goods, shall undertake all liabilities of the Shipper under this Sea Waybill and the Carrier’s current Combine Transport Bill of Lading, such undertaking being additional and without prejudice to the Shipper’s liability.

This Sea Waybill is subject to the CMI Uniform Rules for Sea Waybill

Upon written request of the shipper before arrival of the carrying vessel at the Port of Discharge or Place of Delivery, whichever is applicable, the Carrier will use its best efforts to change the Sea Waybill to the Carrier’s Bill of Lading, provided that the Carrier shall in no case be liable for failure timely to effect such changes.

The Goods are subject to the Carrier’s normal credit practices for the release of particular Goods, as specified in the Carrier’s Tariff and Bill of Lading, including but not limited to, the Carrier’s right to lien against any shipment as security for any unpaid charges due and owing to the Carrier by any party to this Sea Waybill, whether related to the Goods described in this Sea Waybill or not.

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