All words or terms contained in this Waybill that begin with an
upper case (capital) letter are terms defined in Carrier’s B/L and/or
Tariff(s), and have the same meaning herein (as applicable or with
logical amendments) – see clause 3.1 below.
Unless otherwise set out on the face or back hereof, Containers or
packages said to contain Goods and/or Goods are accepted by Carrier for
Carriage on the terms hereof (whether expressly set out or incorporated by
reference). These terms shall determine all rights, obligations and defences
applicable or available to Carrier, the master and Vessel (including her
owners) in connection with or arising out of Carriage, including without limitation
the acceptance, possession, handling, transportation and delivery of
Containers and/or packages and/or Goods in every contingency,
wheresoever and whensoever occurring, including (without limitation) in
the event of deviation or of unseaworthiness of Vessel.
IT IS EXPRESSLY AGREED THAT NO SUB-CONTRACTOR (as defined in Carrier's B/L) SHALL
HAVE ANY LIABILITY OR REPSONSIBILITY WHATSOEVER IN RESPECT OF OR IN CONNECTION
WITH GOODS, AND THAT THE TERMS OF CLAUSE 5 OF CARRIER'S B/L (AS INCORPORATED HEREIN)
APPLY TO ANY SUCH SUB-CONTRACTOR.
None of the terms of this Waybill may be, or may be deemed to
have been waived or amended, otherwise than expressly in writing signed
Incorporation by reference. Save to the extent they are inconsistent with the terms expressly
set out herein, the provisions of the following documents are hereby
incorporated into and form part of the contract of carriage evidenced by
this Waybill:(1) All the terms, conditions, exceptions and stipulations
on the back of the K Line standard form bill of lading (“Carrier’s
B/L”). Every reference
therein to the words “Bill(s) of Lading” shall be read and construed
to mean the words “Non Negotiable Waybill(s)”, and the terms and
conditions thereof shall be read and construed in the context of this
Waybill accordingly.(2) All the terms of Carrier’s applicable Tariff(s)
in effect the date the contract evidenced by this Waybill is entered
into, and published in accordance with all applicable national laws(3)
The CMI Uniform Rules for Sea Waybills, excluding rule 4(iii)In the
event of inconsistency between the documents themselves, they shall have
priority in the order in which they appear.
The contract evidenced by this Waybill is deemed to be a contract
of carriage as defined in article 1(b) of the Hague Rules, the Hague
Visby Rules and the United States Carriage of Goods by Sea Act.
HOWEVER, THIS WAYBILL IS NOT A DOCUMENT OF TITLE TO GOODS.
Carrier’s B/L may be inspected at or a copy
obtained from Carrier's offices or those of its authorised agents. The text
may also be found at Carrier's websites: www.kline.com or www.klineurope.com.
Unless otherwise specified in this Waybill (in particular, but
without limitation, in clause below in respect of Goods for Carriage
to Port(s) of Discharge or Place(s) of Delivery or other ports or places
in the United States of America), delivery of Goods will be made only to
the Consignee named on the face hereof, or its authorised agents, on
production of proof of identity.
In respect of Goods for Carriage to Port(s) of Discharge or
Place(s) of Delivery or other ports or places in the United States of
America, clause 4.1 shall not apply. The procedure relating to the
release of Goods applicable to any particular port or place in the
United States of America is set out in Carrier's published tariff.
Provided the said procedure(s) is/are followed, Carrier shall be deemed
to have exercised reasonable care in relation to the release and
delivery of Goods, and shall not be liable to Merchant in respect of any
claim for misdelivery or wrongful release and/or delivery of the Goods.
Merchant expressly acknowledges and agrees that such procedures will or
may provide for the delivery of Goods to any person who presents
shipment particulars to the terminal. If this sub-clause 4.2 is held
invalid or inapplicable in any court of competent jurisdiction, the
terms of clause 4.1 shall apply, read with the deletion of the words in
Should the Shipper require delivery at a place elsewhere than at
the Place of Delivery or the Port of Discharge as shown on the face
hereof and should written instruction accordingly be given by the
Shipper to Carrier or its agents, Carrier may, at its discretion,
deliver Goods at such other place.
Should the Consignee require delivery elsewhere than at the Place
of Delivery or the Port of Discharge shown on the face hereof and should
written instruction be given reasonably in advance by the Consignee to
Carrier or its agent, Carrier may, at its discretion, without any notice
to the Shipper deliver Goods at such other place, PROVIDED ALWAYS that
the right of control has been transferred to the Consignee in accordance
with CMI Uniform Rule 6(ii).