1.Definitions

 

"Carrier" means the party named in the signature Box on the face of B/L. If it is ultimately adjudged that a second person or entity, including without limitation, the Vessel, her owner, operator, demise, time, slot and space charterer and/or another member of an alliance and/or consortium and/or joint arrangement of which the Carrier may be a member, is also a carrier/bailee then that person or entity shall have the benefit of all the rights and defenses provided for in this Bill of Lading or by law.

 

Notice is hereby given that Carrier is a member of alliances and/or consortia and/or joint arrangements. The members of such groups, including Carrier, reserve the right to carry cargo for each other, and otherwise cooperate with each other in the carriage of cargo, without notice to the Merchant. In the case of such carriage, however, the terms and conditions of this Bill of Lading shall apply, and the Merchant shall be bound by them and Carrier shall be deemed in all instances to be the Carrier of the Goods, subject to the terms and conditions of this Bill of Lading.

 

"Merchant" includes any person who at any time has been or becomes the Shipper, Holder, Conignee,Receiver of the Goods, any Person who owns or is possession of the Goods or of this Bill of Lading and any Person acting on behalf of any of such Person.

 

"Holder" means any person for the time being in possession of ( or entitled to the possession of ) this Bill of Lading.

 

"Person" includes an individual,group,company or other entity.

 

"Sub-Contractor" includes (but not limited to) owners and operators of any Vessels (other than the Carrier), Stevedores,terminal and groupage operators,road,rall and air transport operators and any independent contractor empoyed by the Carrier in performance of the Carriage and any sub-contractors thereof.

 

"VESSEL" shall include the vessel(s) named in this Bill of Lading, any substituted vessel(s), any vessel to which transhipment may be made in the performance of this contract and any vessel, craft, lighter or other means of transportation whatsoever, owned, chartered, operated or controlled and used by the Carrier or Participating Carrier in the performance of this contract;

 

"GOODS" means the cargo received from the Shipper and includes any Container not supplied by or on behalf of the Carrier; "HOLDER" means any person for the time being in possession of this Bill of Lading to whom the property interest in the Goods has passed on or by reason of the consignment of the Goods or the endorsement of this Bill of Lading or otherwise;

 

"PARTICIPATING CARRIER" shall include any other sea, water, land or air carrier performing any part of the carriage provided herein;

 

"CONTAINER" includes any container, trailer, transportable tank, flat, pallet, cradle, sled or any similar article of transport used to consolidate or transport Goods;

 

"LADEN ON BOARD", when noted on this Bill of Lading shall mean that the Goods have been placed on board the Vessel or any other mode of transport used by or on behalf of the Carrier or Participating Carrier enroute to the Port of Loading shown on the face of this Bill of Lading;

 

"PORT OF LOADING" shall mean the place where the Goods are received for marine transport by the Carrier; or Participating Carrier or their respective agents,

 

"PORT OF DISCHARGE" shall mean the place where the Goods are to be discharged from the Vessel; "PLACE OF RECEIPT" shall be the place where the Goods are received from the Merchant by the Carrier, Participating Carrier or their respective agents;

 

"PLACE OF DELIVERY" shall be the place where the Goods are delivered by the Carrier or the Participating Carrier to the Merchant;

 

"COGSA" refers to the Carriage of Goods by Sea Act of the United States approved April 16, 1936 and any subsequent modifications or re-enactment thereto.

 

"HAGUE RULES" refers to the International Convention for the Unification of Certain Rules Relating to Bills of Lading done at Brussels August 25, 1924; "HAGUE-VISBY" refers to the Hague Rules as Amended by the Protocol done at Brussels on February 23, 1968. References to the internal law of a State shall be deemed to exclude all principles of private international law applied by such State;

 

"STATE" shall mean any nation, country, commonwealth, territory or possession, internationally recognized to be a body politic and to exercise sovereign power;

 

"COMBINED TRANSPORT" arises if the Place of Receipt and/or Place of Delivery are indicated on the face of this Bill of Lading in the relevant boxes; and

 

"PORT TO PORT TRANSPORT" arises if only the Port of Loading and/or Port of Discharge are indicated on the face of this Bill of Lading in the relevant boxes.