Document Vk3wbe5NZ0o1OzN7R33xK5dN
The
B/L NO.
Cunard Steam-Ship Company Limited.
THE
CUNARD WHITE STAR NEW1 YORK OFFICE
CUNARD STEAM-SHIP COMPANY LIMITED. CUNARD BUILDING. 23, BROADWAY.
NEW YORK LOCAL
g>Inppeb by...............................................................................................................................................................................
in apparent good order and condition on the Ship.................. 3?JUJKLIA............ ................................ ...... bound from the Port
Of LIVERPOOL to NEW YORK (including liberty to call at
and as otherwise provided in this Bill of Lading), ................................................... Wiffi . (9 ),.... ....... ................................................PACKAGES OP MERCHANDISE, shipper's marks and numbers as below (weight, measure, brand, contents, quality and value unknown), and to be-delivered, subject to the terms and provisions hereinafter mentioned, in like good order and condition at the Port of NEW YORK
(o, ,0
Iherao sh. m., safely pt) Koto. OHBES OPs JOHHS-i^IHX PHODUOTa OOHP.
......... ........................................IUTOIlXS,...HEW.j2aSEt.,...0,S.A.....................................................................................
or to his or their
Freight and charges as below to be paid by the
................................................. ....................................................... in........................LIVERPOOL:...................................................
Plain copies of Bills of Lading for goods consigned to "Order" mutt state tho name and addran of tha parties at destination who ara to be notified of arrival, any expenses incurred in consequence of failure to supply the Information will be for account of tha owners of tha goods.
lr MQVIRaO THX9
Lxonrat duly ttdonsd, shell be softeadered lh esehwife hr deflvery ord* -
In ACCirriMO THIS MIX. OF LAMMO tb* ShloMK. Consignee. snd/or OwnertolJhe Ooods. ami th* Holder of this BUI df.Lading, expressly accept and agree to ell its stipulations, exceptions, snd conditions whether written. printed? stamped, or incorporated, is fultyM If thef were sD signed by such Shipper, Consignee, Owner or Holder.
In WITNESS' wHEREdP tbd Master i>r Agent of tKt ship has afflrtn&Pto................. ........................Bilb of Lading,, all of ! this tenor and date, one of which being accomplished thc<others to stand void.-..
; -r r.-io:-:
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ro'\
Datbd in LIVERPOOL,
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y?s.:<K:r{
,f.,:..3JS?a!H^.R*.iR 65.
:v` For CUNARD LINE LIMITED As A|en
(fa) 97/S64
'30
MTC 014128
085837
THE TERMS AND PROVISIONS OF THE BILL OF LADING BEFORE MENTIONED
It ra MtrroALtr *omp u follow :--
1. This Bill or Ladiho is and shall hat* imcr susjict to :--
(a) the terms and provisions of the Carriage of Goods by Sea Act, 1924, and of the Roles comprising the Schedule thereto (herein referred to as ^ the Rotes as? It* the said
Schedule set out and hereby incorporated-in this BUI of Lading and/or arapplied thereto by the said Act, and
()< thetenue and provisions set out herein,
; t
Provided that nothing contained In the Rules shall deprive the Carrier of tKifi and that the Carrier shall have under this Bill of Lading, the full benefit of all limitations of,
or exemptions from, liability conferred on the Carrier and/or the ship by Public Lite of ahy-country.
2. It a Htuir dxclasxd that It b the intention of both the Carrier and the Shipper that the goods shaU be actually put on board the above-named ship, but If from any causa the goods oe a*y?ert are shut out, tba Camar ahall have liberty to, and shall, ship and carry the same upon the termf of this BUI of Ladinge the titot rteflable ship of this Line, or (at the optica of the Carrier) of any other line.
3. Fhatofry, CHAtoas, ahp yamAoi If payable at the port of shipment frL.
(a) shall beexchange for this BiUof Lading(a) shaU be deemed earned on shipment
,
(c) shaU not be repayable, ship and/or goods lost or not loci. 4. Faioffr,fite^to, Aitovmrih&h'ttpaVable if the peri bf dcdvafry
*
:'*t
(a) shaU be paid ship and/or goods lost or not lost:
i * i* ?
(a) shaU be paid Immediately on the discharge of the goods. Provided thatIn the event ofnod*
arrival of goods hereunder by reason of loss of vessel and/or goods or otherwise such freight and charges shall be payable on demand :
(c) shaU be paid at tba current rata of exchange an New York on the.data of the vessel's sailing from the final port of loading in tba UfcJtad Kingdom. Provided that hi the event of non-arrival of goods hereunder by reason of loss of vessel and/or goods or
otherwise each freight awl charges shall be payable at current rates of exchange at time of demand:
(a) iludl be paid fas fog on damaged or onwand goods amdcn barrels delivered part fDlL or 2 empty:
() shaU not he paid fin any increase hi bulk or weight Caused by tba abaorpflufl of Waflaf
during the voyage.
9. Parcels ior different consignee* collected or made up in s sfngfc padkaga'addremed lo
one Consignee shall pay full freight on each pareaL
6. In ease any damage or leas results to the Carrier, ship, cargo, lightenjCnuM, or bobting tackle owing to incorrect weight, or no weight, having bean declared, the Shipper, Consignee, and/or Owner of the goods shaU be responsible therefor.
7. The Carrier shaU have the right to re-weigh or remeasure any goods where doubt exists as to the correctness of the weight or measurement shown on this Bin of Lading, and freight shall be paid on the exoesa weight or measurement (if any) so ascertained. The expenses incident to re-welghing or re-measuring shall be bome by the Carrier if tbe weights or measurements are found to be correct, but otherwise such expenses shall be borne and paid by tba owner of (he
goods.
8- The Shipper, Consignee, and/or Owner of the goods shall bear and pay the cost of all mending, baling,, and cooperage of, and repairs to, packages, boxes, crates, wrappers, bags, or barrels resulting from insufficiency of pnetting, or from excepted perils.
9. '; It is mutually agreed that the value of each package or other freight unit shaped here under does not exceed 100 on which basis the freight is adjusted and dm 6mm liability irrespective of whether the damage or lost shaU have occurred prior to loading cm board the vessel or after discharge therefrom shaU In no case exceed such sum per package or other freight unit unless the value in excess thereof be specially declared by the snipper and stated herein and extra freight at may be agreed on paid, awl in such case if the actual value of the goods per package or other freight unit shaU exceed such declared value, the value shall nevertheless be deemed to be the declared Value, and tbe Carriers' liability. If any, shall not exceed dm deeftred value. Tbe extra freight payable on goods tbe value of which has been declared by the shipper to exceed 100 per package or freight unit, has been based and calculated upon tbe description and value rumianed by the Shipper; If such description or value has been nitetated, the Shipper, Consignee, and/or Owner of the goads shall pay such freight as would have been charged by the Carrier if the goods had been accurately dtenibed ana valued, and a certificate signed by the Carrier or his agents shaU bfi conclusive evfde&ot of the amount that would have been so charged. Whenever the value of the goods is lens than 100 per package or other freight unit, their value In the calculation and adjustment of ditmf far which the carrier may be liable shall for the purpose of Avoiding uncertainties and difficulties in fixing value be deemed to be the Invoice value, plus, freight, and insurance if paid. Irrespective of whether any other value is greater or less, out so mat the Camert liability Irrespective ol whether the damage or toes shall have occurred prior to loading on board the vessel or after discharge therefrom shall in no ease exceed 100 per package or other freight uniL
10. FWght, charges, and primage, and all other payments becoming payable under tbb - Bill of Lading shell be (mid In full without any allowance, credit or discount.
11. Lnw. The Carrier shall have a tien over the goods, and the right to sell the same, by public aaction or otherwise, far all freight, primage, and charges (including additional freight payable oq corrected weight or measurement), and cor all payments made and liabilities incurred m respect of chargee, expenditure, damages, costs and expenses (Including the ooats and expenses of Seerchlng such Ite&apd of Such sale) and for the interest (if any) payable thereon, which under the prorisfeos of this Bill of Lading are to be borne and paid by tbe Shipper, Consignee, and/or Owner of the goods. If, on a tarn of the goods, the proceeds rail to oover the amount for which the Carrier has a lien on the goods, and the costs and expenses of exercising such Uen and of the sale,, the Carrier shall be entitled to recover the difference from the Shipper, Consignee, and/or Owned of the goodfc -
11 If the goods are consigned or forwarded to a point where tbe vernal dose not discharge, the Shipper constitutes the Carrier his Agent to forward the goods to or toward their ultimate rtaallnafkis and etitiebtitty whatsoever of tbe Cwfer af carrier, bailee or otbenriM flnD oeasofc upon the goods leaving the actual custody of the Carrier. Such forwarding carriage shall be subject to the terms of the usual Bill of Lading, receipt, contract or shipping document of tbe on-carrier whether Issued or not, farfndfag. but without limiting the generality of the foregoing, any valuation of the goods, or limitation of liability, or exemption from liability, or tbe require ment for notice of claim or commencement of suit, even though such terms be less favourable to the Shipper than tba terms of this Bill of Lading, whether known to the Slipper or not, even though exempting the on-carrier from liability for negligence. Unless the value of the goods is declared at the time of shipment hereunder and is stated herein, and extra freight as may be agreed upon b paid by tbe Shipper, Consignee, and/or Owner of the goods, the Carrier shall in no event be obligated to declare to the on-carrier any valuation of lire goods, even though the on-carrier's Bill of Lading, receipt or shipping document contains a valuation or limitation of liability less than that contained In thislw! of Lading.
13. Unless notice of loss or damage and the general nature of such lore or damage be given in writing to the Carrier or hb agent at part of dbcherge before or et tbe time of tbe removal of the goods into tbe custody of the pencil entitled to delivery thereof under the oontract of carriage or, u the lose or damage be not apparent, within three days, inch removal shall be primo facie
evidence of the delivery by the Carrier of tbe goods as described in thb BUI of Lading. The notice to writing need not be given if toe state of the goods has at the time of their receipt been the subject of joint survey or inspection. In any event trrexpective of whether the damage or fees shall have occurred prior to lading on board tbe vessel or after discharge therefrom the Carrier and the ship snail be discharged from all liability in respect of Ion or damage unlem suit b brought within one year after delivery of tbe goods or the date when tire goods should have been delivered, I* tire ease of any actual or apprehended Ices or damage the Carrier and tba receiver shall give ell reasonable facilities to each other for Inspecting and tallying tbe goods.
L HANDLING* CUSTODY AND CARS BBFORB THB GOODS ARB ON THB SHIP'S TACKLE.
1. Goods carried at through rates vi*s tire port of shipment shaU be subject to all tire (areas, conditions and exceptions, of tbe carriers bringing the same down to the part of shipment:
2. Tbe Carrier shall be under no liability whatsoever for any lots of, or detention of, or damage to, tbe goods (whether in his actual or constructive possession or not) before they are loaded on the ship, and he shall be at liberty to carry tbe goods in vessel; tender or lighter to tbe ship, and such carnage, and tbe loading ana nntoeduig on and from tire vessel, tender or lighter, shall be at the sole risk of the Owner of tire goods.
II. STOWAGB.
1. Goods stowed in poop, forecastle, deckhouse, shelter deck, or other covered in space, commonly used in tbe trade tor the carnage of goods; shall be deemed for all purposes to be towed under deck.
1IL VOYAG&
1. Tbe Carrier shall have liberty:--
(a) To sail with or without pilots.
(b) To tow vessels in all situations.
(cl To carry live stock and/or cargo on deck.
(o) To carry goods of ail kinds, dangerous or otherwise.
() To proceed to and use any port or ports in any rotation for any purposes whatsoever,
whether in, or out of, or beyond, the customary or advertised route, and all such ports
shaii be deemed to be Included in tire intended voyage.-
t
(r)' To put the ship into dry dock fere any purpose whatsoever with the whole or pert of the cargo shipped under this BUI of Lading on board, at any time and place, before or after
sailing^ or offer arrival at tire port of duchargi. ? '
(c) To land and/or tranship the goods, and to forward them to their destination by land or water should the ship put into a port of refuge; of from any cause be prevented from commencing or proceeding In the ordinary course of her voyage.
2. if on account of Ice, weather, strikes, lockouts or labour troubles (whether tbe Carrier or bis employees are parties thereto or not), interdict, prohibition of Importation! riot, war or other disturbance or any cause beyond the Carrier's control, it shall be considered by the Carrier
or bis agents or the Master, in his ox their sole discretion, impossible, unsafe; unreasonable or inadvisable to proceed to tbe port of discharge or to mqain in the port of discharge^ the Carrier may proceed to the nearest convenient port and there may land and/or tranship lire goods and may forward them at the sole risk and expense of the Owner of the goods to tnefr destination by land or water, or may further (provided no additional freight be charged or claimed) retain the goods on board until the return trip or until such times as the Carrier considers advisable.
Any disposition of the goods in accordance with this clause shall not be deemed to be an In fringement or breach of the Rule* aforesaid or of tire cootract of carriage.
3. Tbe Carrier, in addition to any libertiesexpressedor implied In this Bill of Lading,shall have liberty to comply with any orders or directions as to loading, departure, arrival, routes, ports of rail, stoppages, transhipment, discharge, destination, delivery or otherwise howsoever given by the government of any nation or any Department thereof, or any person acting or purporting to
act with the authority of such Government,,or of any Department thereof, or dt the Committee or person having, under the terms of tire War Risks Insurance on the ship, the right to give such
orders or directions, and nothing done or not done by reaeon of any such orders or directions shall be deemed a deviation. Delivery or other disposition of tbs goods in accordance with such orders or directions shall be a fulfilment of the oontract voyagflL"
IV. QUARANTINE.
1. Ifin tfie opinion of the Carrier, or his agents, or of tire Blaster, entry Into tire portofdischarge or communication therewith would render the ship liable to quarantine at any subeequent port on her intended voyage, the Carrier shall be at liberty to proceed to the nearest convenient port and there land the goods or put them into depfit, lasarette, hulk, lighter or other vessel, at the sole risk o! the Owner of .the gooda.
2. In the port of discharge the goods in the event of quarantine may at tire ink tfrk of the Owner of the goods be dfecharged into depfit, lasarette, hulk, lighter or other vessel, or tire ship may proceed to and discharge the gooda at tire nearest convenient port.
4. The Shipper, Constanee and/or Owner of the gooda shall comply with the regulations and requirements ox the Port. Customs and other Authorities, and shall bear and pay all duties, taxes, fines, imposts expenses, lose at damage of whatever nature incurred or suffered by reason of the breech thereofor tire illegal, incorrect or Insufficient marking, numbering or addressing of packages, ordescription of their oontents and shall indemnify the Carrier and hb agents and tire ship and tbe owners of the other cargo on board against all claims, demands, losses and expenses in respect
8. In the event ol the goods by reason of their not being marked with the name of the country from which Urey are exported or otherwise not complying with Ure Customs Regulations at tbe port of discharge, the Carrier shall be at liberty to bring back, or to re-ship, such goods to the port of shipment at the sole risk and expense of the Shipper, Consignee and/or Owner of the goods.
6. The collector of the port or other duly appointed official b authorised to grant a general order far the discharge of the ship immediately on the ship's arrival.
7. Should the Carrier desire to discharge beyond usual Customs hour* the Consignee and/or Owner of tbe goods shall, if so required, sign Immediately an application for that purpose.
VI. HANDLING, CUSTODY AND CARE AFTER THB GOODS ARB UNLOADED FROM
THB SHIP'S TACKLB.
1. Without prejudice to any other provision of thb bill of lading tbe rights and Immunities as set forth in Article IV of the Roles aforesaid shall extend and apply to loss or detention of or damage to gooda In the actual custody of the Carrier or hb servants after the goods are dis charged from Ure ship as fully as if the same were set out fully herein. Provided always that neither the Carrier nor the ship shall under any circumstances be liable for loss or detention of or damage to gooda from any cause whatsoever when the goods are not in tbe actual custody of the Carrier or hb servant*.. ,
2. The ship may commence discharging immediately on arrival without notice to the Consignee and discharge continuously, irrespective of weather, by day and by night, Sundays and holidays included, any custom of tireport to the contrary notwithstanding, on to quay, or into hulk, depfit or lighter, as the Carrier or ms agents may determine. The farrier, hb agents and servants shall not under any circumstances whatever be under any liability for failure to notify the Consignee of arrival of the goods, any custom of tbe port to the contrary notwithstanding.
3. If the goods are not taken by tire Consignee directly they come to band In discharging the ship or if they are not removed from alongside the ship without delay, the Carrier shall be at liberty, at the sole risk and expense of the Owner of the goods, to enter and land or remove the goods, and/or to put them into craft or store.
4. The Carrier shaU be under no liability whatsoever for any Jo of, or detention of, or damage to the goods (whether In hb actual or constructive possession or not) after they are discharged from the ship, and he ahall be at liberty to carry the goods in vessel, tender or lighter from the ship, and such carriage and the loading and trading on and from the vessel, tender or lighter shall be at tire sole risk of tbe Owner of the goods.
5. If any Consignee has A shortage In the mark* or number* called for by thb Bill of Lading, unclaimed goods of like kind and quality shall at the Carrier's option be deemed to constitute a part of the goods and be aooepted by tne Consignee es good delivery under thb Bill of Lading.
9. Goods carried at through rates to a ptfide beyond the port of discharge shall be subfeet to all tire terms, conditions and exceptions of the carriers carrying them beyond tbe port of discharge.
The Carrier or hb agents may, In respect of dutiable goods transhipped at the port of discharge give such undertaking as the customs Authorities at that port require with respect to dealing with tbe goods at the part where duty b payable, and all charges involved or liabilities incurred hall be boros by the owner of tbe gooda.
The Shipper or Consignee haU supply tbs agent of the ship at the post of discharge with the rieof--sit papers lor pairing the goods through the Custom House by the tune of the Ship's arrival and shall qeliable for all expanses incurredIn default thereof.
In tbe event of there befog no Immediate opportunity for transhipping or forwarding tbe &oods from the pojt of discharge to their ultimate destination the Carrier shall be at liberty, to enter and . land the goods, or to put them into craft or store, at the sole risk and expense of the Owner of tbe goods.
7. II the goods are made deliverable hereunder to a named Consignee, or to a named Consignee
or ig"*, ana not to order or igw mid the law hi force at the port of discharge so requires,
delivery may be made to such mwUh
without production or delivery of thb Bill of
3. Discharge of tire goods In accordance with the ptoviskos contained In Ctsnfes (1) r <S>
shall be deemed to be duo delivery of tbe goods under tills Bill of Lading. <
j
VIL GENERAL AVERAGE.
4. The Carrier or his agents or the Master shall, as loan as may be. notify ttuooxh tirepost tire Consignee if named, or otherwise the Shipper, of tire ttefs taken under Clauses (ij or (8p
1. Save as mentioned la Sub-clauses (8) end (4) hereof, General Average shall be adjusted eooofdmg to Ycrk-Antwerp Rube 19501
5. The Owner of the goods shall bear and pay all diaries and expeases inquired la tcnaaanrnce
of tbe quarantine, and previous to tbe delivery of tire goods ahaU pay such deposit afi tite Carrier or his agents may deem sufficient to cover the estimated contribution of tbf gooda. ]
1 In the event of aeddefit, danger, damage or dbaster before or after eommeoceulent of tbe
voyage, resulting from any cause whatsoever, whether due to negligence or not, for which, or for the o| which the Carrier b not seepanslble, by statute or conttact or otherwise, tbe Shippers, Consignees or Ownfin of the cargo shall contribute with the Carries m general average to
I V. PORT, CUSTOMS, CONSULAR ANDOTHRR REGULATIONS.!
the payment of any sacrifice^ losaea or tijrasrs of a general average nature that may be made or
Incurred, and
p*y salvage and
chargee Incurred In respect of the cargo. In case of
1. The Shipper shall furnish all particulars necessary,to enable this Bill df Lading to be mads salvage eendoea rendered byTanother ship belonging wholly or In part to the same Owners or in
out in accordthee with-the prescriptions end regulations of the Pfirt, Ctoteae and Consular Authorities.
thefrearvtossuoh salvagesgvtoe*shall be palti for as fuDy as If such salving Chip or ships belonged
to stranger*. Such deposit m the Carrier or hfr Agents may deem sufficient to oover the estimated
contribution of the gooda and any apodal ehirgea thereon shall, if required, be paid to the Carrier
2. AhComioiar, Health or other Ctttificatrerequi^Vireebat^^tire goodTilttObaproared- ' ov'hla'Agente before dellvevfe--- --- --
--------- -------------------
by tire Shipper and all rtatentirmi charges or pennfttee niiiulag te the'sMnasbroeawgswwtofrto--
the wfcnt ol any such certificate shall be borne and paid by the Shipper,
ig-- end/ar Owner
ol tire goods.
-
If" 'irnTiiitiri^TitirffTTr^f. effects eacrifioed shall be allowed
in
General
Average,
less
tbetr
proper
contribution.
3. ; The Consignee and/or Owner of tbe goods shall bferf and af afl
4am, Shed dues,
Jiaxtx^.dqte. customs dues and charge*, wharfage charges, and other data and flmgce payable
in respect of tbe goodsT1.
4, Goods stowed In pom, forecastle, deck bouse, shelter deck, or other ooveied in space shall be iVainnil for purpoese of General Average to be stowed under deck.
& The adjustment shall be prepared at such pert aa shall be selected by tbs Carrier.
If the ship comes into coUrian with another ship at the result of the uegtigenoeof (haother shfe and,any act, neglect or default of the master, marinovplfet or the servants of the Carrier in tbe navigation or in the management of the ship, the owners of tbe goodj caxrieqlmeiiiMfiunOmdemitify the Carefer agafost aH log or ttslttlfty to the other or non-carrying ahip or her owners in so far as sufih log or liability represents log ol, or damage to, or any claim whatsoever of the owners of said goods, paiaortp*yabla.by the athet of non-carrying sfop or ber owners to the owners
ol tbe said gopda and set eft, recouped or recovered by tbe other or aoa-canytag ship or her owners as part fir thefr dam agvhrt the'carrying ship or Camar. Toe foregoing provirifias shall
also apply where tbe Owners, Operators, or those In charge of any ship or strip* orofcjscte othg thin, or to addition to, tbe oonidinf ships or objects are at fault to respect to a coMsfou or contact.
Neither tbe canter nor any corporation owned by, subsidiary to or asrecfated or affilatodl with tbe canter shaU be Sable to answer for or make good any log or damage to tbe goods occurring at any tone and even though before feeding gaorator discharge frtxn tbs strip, by tamm at by means of sow fire whatsoever, itml-- such fiiy shall be caused by his or their actual design, neglect
fault or pchrityi' -'
.-/ifX'
,,,h
l' *
; V'
11i> hereby expregly agreed that no servant or agent of the Carrier (tDctodfelg___ _____ _ ______________
__________ ______fo any circumstances wHateofcfect be ontbM
any liability whatsoever to tbe Shipper, Consignee or Owner of thegoods or to any boaterof Us Billof Lading lor any hm, damage delay of whatsoever
arising or resulting directly or indirectly
from any act, neglect or default oo his part while acting to the course of or In **WM,*Ut with his employment and, without ~
io the generality of the foregoing prorisfoos m this Clause,
every sqmption, linritaricm rgwMttnn andJiberty herein contained and every right, exgnptioo from liability, defe
fty of whatsoever nature applicable to the Carrier or to which tbe
CfiigfejCentltilto hareiinati aBaH gl*a)ri wailabfo aiabrinU extend to protect ttery --h servant or agent of the ____
ifrTuul for tltosurpoe* fit.bU tin lorsgpina provisions of
tLts Clause the dune Is or shall be deemed to be acting aa agent or trustee on behalf of and for tbe benefit of all parsons wl
it tie bis servants or agents from time to time ^including
independent contractors aa aforesaid) and all such persons.ihal^o thl^ ~rti*j kr nr far jtranyit frr N fyjtoj tot thpepntx^ri^fo
" by this Bill of Lading.
MTC 014129
OS5838 ,,