ThorcoShipping_SeaWaybillV1.0

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  • 7/21/2019 ThorcoShipping_SeaWaybillV1.0

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    Sea Waybill NON NEGOTIABLEShipper (full style and address)

    Consignee (full style and address) (not to order)

    Notify Party (full style and address)

    Container No./Marks and Numbers

    SHIPPEDon board the cargo specified above, according to Shippers declaration

    in apparent good order and condition unless otherwise stated herein - weight,

    measure, marks, numbers, quality, contents and value unknown, for delivery at

    the port of discharge or so near t hereto as the Vessel may safely get, always

    afloat. The cargo shipped under this Waybill will be delivered to the Party named

    as Consignee or its authorised agent, on production of proof of identity without

    any documentary formalities. Should the Shipper require delivery of the cargo to

    a party other than the Consignee stated in this Waybill, then written instructions

    must be given to the C arrier or his agent. The Shipper shall, however, be entitled to

    transfer right of control of the cargo to the Consignee, the exercise of such option

    to be noted on this Waybill and to be made no later than the receipt of the cargo

    by the Carrier. The Carrier shall exercise due care ensuring that delivery is made to

    the proper party. However, in case of incorrect delivery, the Carrier will accept no

    responsibility unless due to fault or neglect on his part.

    FOR CONDITIONS OF CARRIAGE SEE OVERLEAF.

    *As defined herinafter (Clause 1)

    **Applicable only when pre-/on-carriage is arranged in accordance with Clause 8

    Number and kind of packages / description of cargo Gross weight, kg Measurement, m3

    SWB No. Reference No.

    Vessel

    Loading port

    Discharge port

    Freight details and charges

    Daily detention rate / Demurrage

    Pre-carriage by**

    Place of receipt by pre-carrier**

    Place of delivery by on-carrier**

    Terms & Conditions as pr B/N dated

    Date shipped on board

    Carriers name/principal place of business

    Signatures

    Place and date of issue

    PARTICULARS DECLARED BY THE SHIPPER BUT NOT ACKNOWLEDGED BY THE CARRIER

    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Carrier

    or for the Carrier

    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . as Master

    (Masters name/signature)

    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . As Agents

    (Agents name/signature)

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    FULL TERMS OF THE CARRIERS SEA WAYBILL FORM Page 2 of 2

    1. Definitions.Carrier means the company or entity designated as carrier on thefront page hereof.

    Contract means the contract of carriage pursuant to the booking noteand the bill of lading (when issued).

    Discharging Port and Loading Port mean the respective ports orplaces named on the front page hereof.

    Merchant includes the charterer, shipper, receiver, consignor,consignee, theholder of the bill of lading, the owner of thecargo, anyperson who has booked the Contract and any person entitled topossession of the cargo.

    Vessel means the vessel designated on the front page hereof or asubstitute vessel.2. Notification.(a) Any mention in the Contract of parties to be notified of the arrivalof the cargo is solely forthe information of the Carrier and failure togive such notification shall not involve the Carrier in anyliability norrelieve the Merchant of any obligation hereunder.(b) Should the Carrier anticipate that, for whatever reason, the Vesselwill not be ready to load the cargo on or about thetime for shipment,the Carrier will notify the Merchant thereof without delay stating theexpected time of theVessels readiness to load and asking whether the

    Merchant will exercise the optionof cancelling the Contract or agree toa newtime for shipment.(c) The Merchant must exercise its option of cancelling by writtendeclaration within 48 runninghours after the receipt of the Carriersnotice. If the Merchant does not exercise the option of cancelling, thenthe expected time of the Vessels readiness to load as stated in theCarriers notice shall be the new time for shipment. This sub-clause (c)shall apply anytime the Carrier requests amendment of thetime forshipment.3. Liability for Carriage between Loading Port and DischargingPort(a) The International Convention for the Unification of Certain Rules ofLawrelating to Bills of Lading signed at Brussels on 25 August 1924(the Hague Rules) as amended by the Protocolsigned at Brussels on23 February 1968 (the Hague-Visby Rules) and as enacted in thecountry of shipment shall apply to this Contract.(b) When the Hague-Visby Rules are not enacted in the country ofshipment, the corresponding legislation in the country of destinationshall apply, irrespective of whether such legislation may only regulateoutbound shipments. When there is no enactment of the Hague-VisbyRules in either the country of shipment or in the country of destination,the Hague-Visby Rules shall apply to this Contract save where theHague Rules as enacted in the country of shipment or, if no suchenactment is in place, theHague Rules as enacted in the country ofdestination, apply compulsorily to this Contract.(c) If the contents of a container or similar article of transport are notmade known to the Carrier prior to loading, thecontainer or sucharticle of transport shall be deemed a package or unit under theHague Rules and the Hague-Visby Rules.(d) The Protocol signed at Brussels on 21 December 1979 (the SDR

    Protocol 1979) shall apply where the Hague-Visby Rules apply,whether mandatorily or by this Contract.(e) The Carrier shall in no case be responsible for loss of or damage tocargo arising prior to loading, after discharging, or with respect to deckcargo or live animals.(f) The Carrier shall not be liable for any loss whatsoever sustained bythe Merchant through delay of the goods unless the goods have beendelayed by the Carrier and/or hisservants, agents or independentcontractors with the intent to inflict such a loss. If the Carrier isnevertheless held liable in respect of delay or in respect ofconsequential loss or damage other than loss of or damage to thecargo, theliability of the Carrier shall be limited to the freight for thecarriage covered by this bill of lading, or to the limitation amount asdetermined by sub-clauses 3 (a)-(d), whichever is lowest.(g) The aggregate liability of the Carrier and/or any of hisservants,agents or independent contractors under this Contract shall, in nocircumstances, exceed thelimits of liability for the total loss of thecargo under sub-clauses 3 (a)-(d) or, if applicable, the Special Clauses.4. Law and Jurisdiction.This Contract shall be governed by and construed in accordance withEnglish lawand any dispute arising out of or in connection with thisContract shall be referred to arbitration in London. Arbitration shall beconducted in accordance with one of the following procedures of theLondon Maritime Arbitrators Association (LMAA) applicable at the dateof the commencement of the arbitration proceedings:(i)Where the amount claimed by the claimantsis less than USD1,000,000, excludinginterest, or such othersum as the parties mayagree on and subject to paragraph (ii) below, the reference shall be toa tribunal of three arbitrators and the arbitrationshall be conducted inaccordance with the LMAA Intermediate Claims Procedure;

    (ii) Where the amount claimed by the claimants is less than USD100,000, excluding interest, or such other sum as the parties mayagree on, the reference shall be to a sole arbitrator andthe arbitrationshall be conducted in accordance with the LMAA Small ClaimsProcedure.(iii) In any case where the LMAA procedures referred to above do notapply, the reference shall be to a tribunal of three arbitrators inaccordance with the LMAA Terms current at the date ofcommencement of the arbitration proceedings.5. The Scope of Voyage.(a) The intended carriage shall not be limited to the direct route butshall be deemed to include any proceeding or returning to or stoppingor slowing down at or off any ports or places forany reasonablepurpose connected with the carriage including bunkering, loading,discharging, or other cargo operations and maintenance of Vessel andcrew.(b) It is within the sole discretion of the Carrier to order the Vessel toproceed to the Discharging Port at any given speed (slowsteam), evenin weather conditions that do not dictate such slower speeds. In theevent slow steam is ordered by theCarrier, theMerchant cannot claimthe Carrier for any delay whatsoever, caused by such orders to slowsteam.(c) Any deviation, change in the Discharging Port, or time lost due toenvironmental hazards shall be forthe Merchants account and suchdeviation shall not be considered unjustified.6. Substitution of Vessel.The Carrier shall be at liberty to carry the cargo or part thereof to theDischarging Port by other vessels belonging to the Carrier or others, orby other means of transport, proceeding either directly or indirectly tosuch port.7. Transshipment and Lightering.The Carrier shall be at liberty to trans-ship, land and/or store the cargoeither on shore or afloat andreship and forward the cargo to theDischarging Port at the Carriers expense but at the Merchants risk.Anylighteringin or off theLoading Port or Discharging Port shall be forthe Merchants risk and account.8. Liability for Pre- and On-Carriage.When the Carrier arranges pre-carriage of the cargo from a place otherthan the Vessels Loading Port or on-carriage of the cargo to a placeother than theVessels DischargingPort, the Carrier shall contract asthe Merchants agent only and theCarrier shall not be liable foranyloss or damage arising during any part of the carriage other thanbetween the Loading Port and the Discharging Port even though thefreight forthe whole carriage has been collected by him.9. Loading and Discharging(a) Unless otherwise agreed, loading and discharging of the cargo shallbe arranged by theCarrier or his agent.(b) The Merchant shall, at his risk and expense, handle and/or storethe cargo before loading and after discharging.(c) Loading may commence without prior notice.(d) The Merchant or his agent shall tenderthe cargo as fast as theVessel can load, day andnight, 7 days a week, holidays included and,if requiredby the Carrier, outside of ordinary working hoursnotwithstanding any custom of the port. If the Merchant fails to tenderthe cargo whenthe Vesselis ready to load or fails to tenderas fast asthe Vessel canload the cargo,the Carrier shall be relieved of anyobligation to load such cargo andentitled to leave the port withoutfurther notice and the Merchant shall be liable to the Carrier for deadfreight and/or any overtime charges, losses, costs, and expenses

    incurred by the Carrier andin addition the Merchant shall be liable topay the Carrier detention at the rate of USD 20,000 (or such other rateas is stated onthe front page hereof) per day pro rata, payable day byday for the period of any delay.(e) The Merchant or his Agent shall take delivery of the cargo as fastas the Vessel can discharge, day and night, 7 days a week, holidaysincluded and, if required by the Carrier, outside of ordinary workinghours notwithstanding any custom of the port. If the Merchant or hisagent fails to take delivery of the cargo,the Carriersdischarging ofthe cargo shall be deemed fulfilment of the Contract. Should the cargonot be applied for within reasonable time, the Carrier may sell thesame privately or by auction. If the Merchant or his agent fails to takedelivery of the cargo as fast as the Vessel can discharge, theMerchantshall be liable to theCarrier for any overtime charges, losses, costsand expenses incurred by the Carrier and in addition the Merchantshall be liable to paythe Carrier detention at the rate of USD 20,000

    (or such other rate as is stated on the front page hereof) per day prorata, payable day by day for the period of any delay.(f) At the Loading Port and Discharging Port, cargo shall be receivedand delivered under hook and alongside the Vessel by and at the riskand expense of the Merchant. Cargo shall always be received anddeliveredwithin reach of theVessels gear and in the sequence asdirected by the Master or the Carriers port captain. This provision canbe varied if agreed by the parties, e.g. if it is agreed that the cargoshall be carried on theterms Liner In/Free Out, Free In/Liner Outor Free In/Out.(g) The Merchant shall be liable to the Carrier for the negligence ofstevedores whom the Merchant has appointed, including costs forrepairing any stevedore damage and forany time lost at the detentionrate stipulated in sub-clauses 9 (d)and (e).(h) A notice of readiness may be tendered by the Carrier on arrival ator off the Loading and/or Discharging Port any time, dayor night,Saturdays, Sundays and holidays included, whether in port or not,whether in berth or not, whether customs cleared or not and whetherin free pratique or not.(i) Should the Vessel not be able to berth for any reason after 72 hoursof arriving at or off the Loading Port, the Carrier is entitled to leave theport and cancel the Contract. If the terms areFree In or Merchants

    or Shippers berth, then the Merchant shall owe dead freight in full.Should theVessel be unable to discharge the cargo within5 days ofarrival at or off the Discharging Port,the carrier shall be at liberty todeviate to any other port whatsoever and there discharge the cargo atthe Merchants expense and such alternative discharge shall bedeemed to be fulfillment of the Contract.10. Freight, Interest, Dead freight, Charges, Costs, Expenses,Detention, Duties, Taxes and Fines.(a) Freight, whether paid or not, shall be considered as fully earnedupon cargo being loaded, discount-less, non-returnable, ship and/orcargo lost or not lost, and be paid without any set-off or deduction.Unless otherwise specified, freight, detention, charges, or other sumsunder this Contract are payable on demand.(b) Interest at the rate of 10 percent per year accrues from the datean outstanding amount is due and payable andapplies to alloutstanding amounts owed by the Merchant to the Carrier under thisContract, including freight, detention, and other charges.(c) The Merchant shall be liablefor all costs andexpenses offumigation, gathering and sorting loose cargo and weighing onboard,repairingdamage to and replacing packing due to excepted causes,and any extra handling of thecargo for any of the aforementionedreasons. The Merchant shall be liable for all costs, expenses, lossesand liabilities incurred due to non-approved or contaminated orinfested dunnage supplied by the Merchant, including allcosts fortransporting the cargoto another port if required.(d) The Merchant shall be liable for any taxes, dues, duties, fees, tolls,and wharfage on the Vessel, cargo and/or freight. All terminal charges,including handling, storing, receiving, delivery, truck loading and/orunloading andtowage of the cargo, shall be forthe Merchantsaccount. The Merchant shall reimburse the Carrier of such charges.

    (e) The Merchant shall be liable for allfines, penalties, costs, expensesand losses which the Carrier, Vessel, or cargo may incur through non-observance of any customs house, import, or export regulations.(f) Any additional insurance premium charged by the Vesselsunderwriters for breaching trading limitations (INL) or entering highrisk areasand all anti-piracy precautions, including, but not limited to,armed guards and crew bonus shall be for the Merchants account andpayable together with the freight invoice.(g) In case of the Merchants incorrect declaration of contents,weights, dimensions and measurements, including lifting points andcenter of gravity, or value of the cargo, the Carrier is entitled to claimdouble the amount of freight which wouldhave been due if suchdeclaration had been correctly given as well as claim detention at therate stipulated in sub-clauses 9 (d) and (e) for any delay at theLoading and/or Discharging port caused by such incorrect declaration.For the purpose of ascertaining the actualfacts, the Carrier shall havethe right to obtainfrom the Merchant the original invoice and to havethe cargo inspected and its contents, weight, measurement, or valueverified.The Carrier shall be entitled to reject any units that cannot beaccommodated due to incorrect description without any liability andclaim dead freight in full.(h) The Merchant shall immediately settle any detention incurred atthe Loading Port and/or Discharging Port upon presentation of theCarriers invoice to be accompanied with the proper documentation andlay time statement.(i) Dead freight payable by the Merchant under the terms of thisContract shall be liquidated damages quantified on the basis of theapplicable freight rate, less any stevedoring and port costs saved. TheCarrier shall not be required to call the Loading Port in order to beentitled to dead freight.

    11. Lien.The Carrier shall have a lien on all cargo for any amount due (includingbut not limited to freight and detention) under this Contract and/orother contracts between the Merchant and Carrier, including terminalcharges and the costs of recovering the same (including legal fees) andshall be entitled to sell the cargo privately or by auction to satisfy anysuch claims.12. General Average and Salvage.General Average shall be adjusted at any port or place at the Carriersoptionand settled in accordance with theYork-Antwerp Rules 1994, orany modification thereof, in respect of allcargo, whether carried on orunder deck. In the event of accident, danger, damage or disasterbefore or after commencement of the voyage resulting from any causewhatsoever, whether due to negligence or not, for which or fortheconsequences of which the Carrier is not responsible by statute,contract or otherwise, the Merchant shall contribute with the Carrier inGeneral Average to the payment of any sacrifice, losses or expenses ofa General Average nature that maybe made or incurred and shall paysalvage and special charges incurred in respect of the cargo. If asalving vessel is owned or operated by the Carrier, salvage shall bepaid for as fully as if the salving vessel or vessels belonged tostrangers.13. Government directions, War, Epidemics, Ice, Strikes, etc.(a) The Carrier shall be at liberty to comply with any order orrecommendation in connection with the transport under this Contract,whether given by any government or authority or anybody acting orpurporting to act on behalf of such government or authority or havingunder the terms ofthe insurance ofthe Vesselthe right to give suchorders, directions or recommendations.(b) Should it appear that the performance of the transport wouldexpose the Vessel or anycargoto the risk of seizure, damage or delayresulting from war, warlike operations, blockade, riots, civil commotionor piracy, orany personon board to the risk ofloss oflifeor freedom,or that any such risk has increased, the Mastermay discharge thecargo at the Loading Port or anyothersafe andconvenient port.(c) Should it appear that epidemics, quarantine, ice, labour troubles,labour obstructions, strikes, lockouts, any of which on board or onshore, and/or difficulties in loading or discharging would prevent theVessel from leaving the Loading Port or reaching or entering theDischarging Port or there discharging in the usual manner and leavingagain, allof whichsafely andwithout delay, theMaster maydischargethe cargo at the Loading Port or any other safe and convenient port.(d) The dischargeunder the provisions of this clause 13 of any cargofor which a bill oflading has been issued shall be deemed duefulfilment of this Contract.(e) If in connection with the exercise of any liberty under this clause13 any extra expenses areincurred, they shall be paid by the Merchantin addition to thefreight,together with return freight if any and areasonable compensation for any extra services rendered to the cargo.(f) If any situation referredto in this clause 13 may be anticipated, orif for any such reasonthe Vessel cannot safely and without delay reachor enter the Loading Port or must undergo repairs, the Carrier maycancel the Contract before the bill of lading is issued.14. Defences and Limits of Liability for the Carrier, Servantsand Agents.(a) The servants or agents of the Carrier shall, regardless of thecircumstances, not be under any liability to theMerchant under thisContract for any loss, damage or delay or neglect, or default on hispart, while acting in the course of or in connection with his

    employment.(b) Without prejudice to the generality of sub-clause 14 (a), everyexemption from liability, limitation, condition and liberty hereincontained and every right, defence and immunity of whatsoever natureapplicable to the Carrier or to which the Carrier is entitled, shall alsobe available and shall extend to protect every such servant and agentof the Carrier as aforesaid.(c) The Merchant undertakes that no claim shall be made against anyservant or agent of the Carrier and, if any claim should neverthelessbe made, to indemnify the Carrier against all consequences thereofincluding legal fees.(d) For the purpose of all the foregoing provisions of this clause 14,the Carrier is or shall be deemed to be acting as agent ortrustee onbehalf of andfor the benefit of all persons who might be his servantsor agents from time to time and all such persons shall to this extent beor be deemed to be parties to this Contract.

    (e) This clause 14 shall specifically apply, but not be limited to, allindependent contractors, brokers, stevedores, port captains,commercial and technical managers and transportation providersemployed by the Carrier.15. Stowage, Accommodation and Lifting of Cargo.(a) The cargo loaded under this Contract is to be carried as partcargo, shipped on and/or under deck in the Carriers option. If carriedon deck, bills of lading shall be endorsed accordingly.(b) All cargo shall be fully stackable, overstowable and forkliftablewithout any restrictions, unless otherwise specified by the Merchant.All cargo shall be suitably packed foroceantransportation and havelifting, lashing and securingpoints and center of gravity clearlymarked. The Merchant is responsible to ensure that cargo is providedwith properskids attached and, if required, all cradles used forsecuringthe cargo arefit for the purpose and the cargo is suitablysecured within the cradles. The Merchant shall fit the cargo and/orcradles as appropriate with suitable lifting lugs and sufficient lashingpoints for the cargo and/or cradle to be properly secured. If individualcargo items arenot flat at their bottoms, then a footprint sketch isrequired and any timber- or steel beams required to spread theweights to support the cargo shall be for the Merchants account.Cargo securing shall always be accomplished to the Masters

    satisfaction. In case the Merchant or the Merchants representativerequires additional cargo securing, this shall be for the Merchantsaccount.(c) Any specially required spreader bars, wires, lifting frames, beams,slings, cradles or saddles not already on board the Vessel shall besupplied by the Merchant at his expense and responsibility and becertified by a recognized classification society. If theVessel is notequipped with dehumidifiers and only has natural/electrical ventilation,the cargo is to be suitably packed for transportation andthe Carrier isnot liable for any corrosion and/or discoloration occurring fromcondensation.(d) The Carrier shall have the right to stow cargo by means ofcontainers, trailers, transportable tanks, flats, pallets or similar articlesof transport used to consolidate goods.(e) The Carrier shall have the right to carry containers, trailers,transportable tanks andcovered flats, whether stowed by the Carrieror received by him in a stowedcondition from the Merchant, on orunder deck without notice to the Merchant.(f) The Merchant shall be liable to the Carrier for being in breach ofany obligations pursuant to this clause 15, including but not limited toloss of time, personal injuries, and any damageto the Vessel, herservants and/or equipment.16. Shipper-Packed Containers, Trailers, Transportable Tanks,Flats, Pallets, Cases and Crates.(a) 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 contentsand the Merchant shall cover any loss or expense incurred by theCarrier, if such loss, damage, or expense has been caused by(i) negligent filling, packing or stowing of the container;(ii) the contents being unsuitable for carriage in container; or

    (iii) the unsuitability or defective condition of the container, unless thecontainer has been supplied by the Carrier and theunsuitability ordefective condition would not have been apparent upon reasonableinspection at or prior to the time when the container was filled,packed, or stowed.(b) The provisions of sub-clause (i) of clause 16 (a) also apply withrespect to trailers, transportable tanks, flats and pallets which havenot been filled, packed or stowed by the Carrier.(c) The Carrier is not liable for damage due to the unsuitability ordefective condition of reefer equipment or trailers supplied by theMerchant.17. Deck Clause.(a) Cargo which by the Contract is stated as being carried on deck andis so carried (Deck Cargo) shall be shipped on deck at the Merchantsrisk, expense or delay, free of any risk andliability forthe Carrier forany delay, loss or expense whatsoever and howsoever caused.(b) If this Contract is subject to the U.S. Carriage of Goods by Sea Act,1936 (U.S. COGSA), then Deck Cargo shall be carried on deck at theMerchants risk as to theperils inherent in such carriage but in allother respects subject to the provisions of the U.S. COGSA as if carriedunder deck.(c) The Merchant shall indemnify the Carrier against all liability,damage, and loss of whatsoever nature sustained by the Carrier andcaused by or arisen due to the carriage of Deck Cargo.18.Letter of Credit Clause.If any particulars of any letter of credit, import license, sales contract,invoice, or details of any contract to whichthe Carrier is not a party,are shown onthe face of a booking note orany bill oflading issuedpursuant hereto, such particulars are included solely at the request ofthe Merchant for his convenience. The inclusion of such particulars

    shall not be regarded as a declaration of value and shall in no wayincrease the Carriers liability under the Contract. The Merchant shallindemnify the Carrier against all consequences of including suchparticulars.

    SPECIAL CLAUSESA. Detention.In addition to clauses 9 (d) and (e), detention shall also be paid by theMerchant at the samerateper day pro rata, payable day by day, forany delay in waiting for loading ordischarge at or off the port or berth,including time lost due to swell, tide or congestion, shifting, re-nomination of the berth due to the Merchants request, impossibility toleave the berth after loading or discharging is completed, delay directlyor indirectly caused by the late payment of outstanding freight by theMerchant, or any other reason beyond the control of the Carrier. TheMerchant shall also be liable for anyextra costs, including but notlimited to standby charges for stevedores and shore cranes, duringsuch delay.B. U.S. Trade. Period of Responsibility.(i) In case the Contract is subject to the U.S. COGSA (as defined inclause17), then the provisions stated therein shall apply beforeloading and after discharge and throughout theentire time thecargo isin the Carriers custody and in which event freight shall be payable onthe cargo coming into the Carriers custody.(ii) If the U.S.COGSA applies, and unless the nature and value of thecargo has been declared by the Merchant before the cargo has beenhanded over to the Carrier and inserted in this bill of lading, theCarrier shall in no event be or become liable forany loss or damage tothe cargo in an amount exceeding USD 500 per package or customaryfreight unit.(iii) During any pre-loading or post-discharge contractual extension ofU.S. COGSA, the No. Of Pkgs., Kind Of Packages and Description OfThe Cargo conclusively establishes the package or customary freightunit.C. BIMCO Clauses.The following BIMCO clauses, or their latest edition/revision, availableon request, as applicable at the time of signing this Contract, aredeemed to be incorporated into this Contract:-Both-to-Blame Collision Clause-VOYWAR2013-Ice Clause for Voyage Charter Parties-EU Advance Cargo Declaration Clause for Voyage Charter Parties 2012-North American Advance Cargo Notification Clause for Voyage CharterParties-ISPS/MTSA Clause for Voyage Charter Parties 2005-Piracy Clause for Single Voyage Charter Parties 2013D. Stoppage of Canals and Waterways.(i) The Merchant acknowledges that the freight paid or to be paidunder this Contract is based on the assumption that the Vessel willtransit through waterways, natural or artificial, including the PanamaCanal andthe Suez Canal, where such transit is the shortest and/orthe most convenient route to the Discharging Port at the Carriersdiscretion. The Merchant acknowledges that there is a risk that anysuch waterwaymay be blocked, closed or that the Vesselmayencounter significant delay (meaningmore than 72 hours of waitingtime) at such waterway (any such event hereinafter a WaterwayStoppage), and the Merchant agrees to assumesuch risk on the

    terms of this clause D.(ii) In the event of Waterway Stoppage, the Vessel may sail suchalternative route as the Carrier deems suitable and the consequentincrease in time shall be for the Merchants account. The Merchantshall paythe Carrier detention at therate USD 20,000 (or such otherrate as is stated onthe front page hereof) per day pro rata, payableday by day for the delay due to the Waterway Stoppage and for theextra time due to the alternative route chosen.(iii) Alternatively, in the event of Waterway Stoppage, if the Carrierdeems there is no suitable alternative route available, the Carrier maydischarge thecargo at a close or convenient port at the Carriersdiscretion andsuch alternative discharge shall be deemed to befulfillment of the Contract. All provisions regarding freight, discharge ofthe cargo and detention as agreed for the intended Discharging Portshall apply to the discharge at the substitute port.