Terms
& Conditions
1.)
DEFINITION. The
word “Carrier” shall include G &
G Marine, Inc., 760 N.E. 7th Ave., Dania Beach,
Florida 33004, the owner operator, charter and
master of the Vessel, and any connecting or substituted
water carrier performing transportation under
the transportation agreement evidenced by this
bill of lading. The word “Vessel”
shall include the vessel named on the face of
this bill of lading and any other vessel, light
or watercraft owned, operated or chartered by
the Carrier or any connecting or substituted water
carrier performing transportation under the transportation
agreement. The word “Shipper” shall
include the person entering into the transportation
agreement with the Carrier and for whose account
the Goods are shipped, the holder of the original
bill of lading, rightfully endorsed, the person
named as consignee on the face, the owner of the
goods, and all other persons lawfully entitled
to possession of the Goods (other than the Carrier).
The words “Goods” shall include articles
of every kind and description, including their
packaging, containers or other shipping units
or material, tendered to the Carrier for transportation
under this transportation agreement and described
or identified on the face of this bill of lading.
The word “charges” shall include freight,
demurrage, equipment detention, general average,
and any other money obligations incurred and payable
by the shipper and the Consignee or either of
them, or for the payment of which the Carrier
has a security interest or maritime lien on the
Goods under the transportation agreement or by
operation of law. The phrase “Joint Service
Connecting Carrier” shall include any non-vessel
operating common carrier by rail, truck or air
with whom the Carrier participates in any joint
service under a through bill of lading in accordance
with any applicable joint freight tariff. An endorsement
that the Goods have been “shipped on board”
means that the Goods have been loaded aboard the
vessel named in the endorsement or the bill of
lading, and an endorsement that the Goods have
been shipped “on board” without naming
a vessel means that the goods have been loaded
aboard a rail cars or the conveyances in the custody
of a Joint Service Connecting Carrier.
2.)
CLAUSE PARAMOUNT. The receipt, carriage
and delivery of the Goods are governed by the
provisions of the transportation agreement evidenced
hereby and incorporated by this reference, including
(l) the terms and conditions of the Carriers applicable
freight tariffs (ll) the terms and conditions
stated on front and back of this bill of lading
and (lll) the provisions of the U.S. Carriage
of Goods by Sea Act 1936 (“COGSA”)
or the Hague Rules of 1921, as amended Brussels
Convention of 1924 in effective in the country
in which a court having jurisdiction adjudicates
a dispute arising out of the transportation agreement.
Such Act and Rules shall be extended to apply
to Goods stowed on deck as provided in paragraph
B before the Goods are loaded on and after they
are discharged from the Vessel, and throughout
the entire time during which the Carrier is responsible
for the Goods under the transportation agreement
to the extent required by United States Law. Copies
of the Carrier’s tariffs are filed at the
Federal Maritime and Commission, Washington, D.C.
U.S.A. and the Interstate Commerce Commission,
Washington, D.C. and readily available to the
public and can be conveniently inspected at each
of the Carrier’s offices and terminals where
Goods are received for transportation and delivered
after transportation. The provisions of Carrier’s
applicable tariffs, this bill of lading and said
COGSA or Hague Rules shall govern the relationship
between the Shipper, Consignee, and every person
having an interest in the Goods on the one hand,
and the Carrier on the other, in every contingency
whatsoever, and shall supersede any prior booking
arrangement, mates or dock receipts, or other
arrangement to the extent conflicting. The terms
and conditions of this bill of lading and the
instruments incorporated herein by reference shall
be severable if any provision is invalid or unenforceable
and if any breach of ordeviation from any provision
occurs, such circumstances shallnotaffect the
validity or enforceability of the remaining provisions.
Any dispute arising under this bill of lading
shall be declared in the United States of America
and the law of the United States shall apply except
as provided elsewhere herein.
3.)
FREIGHT. Freight, demurrage, container
equipment detention and other charges shall be
due and payable to the Carrier in accordance with
the provisions of the Carrier’s applicable
tariffs and this bill of lading. Freight may be
calculated on the basis of information concerning
the Goods furnished by the Shipper, but the Carrier
may open containers, packages or other shipping
units and examine weight, measure and identify
the true nature and quantity and Goods. If Shipper-furnished
information is determined to be erroneous and
additional freight and other charges are payable,
the Shipper, Consignee and the Goods shall be
liable therefore and for any expense incurred
by the Carrier in examining, weighing and measuring
the Goods. Full freight to the port or point of
delivery under the transportation agreement shall
be completely earned upon receipt of the Goods
by the Carrier, whether or not the freight is
stated on the front side hereof or intended to
be prepaid or collected at destination, and whether
or not the Goods are damaged or sound, and shall
be received and retained irrevocably under all
circumstances whatsoever. Vessel and or the Goods
lost or not lost or the voyage broken up or abandoned.
The Carrier shall have a lien on the Goods for
freight, demurrage and all other charges earned
or due under the transportation agreement or by
operation of law and may enforce this lien by
public or private sale and without notice. The
Shipper and the Consignee shall be jointly and
severally liable to the Carrier for the payment
of freight and other charges and the Shipper shall
be bound by all the provisions of the transportation
agreement unless otherwise expressly provided
in the Carrier’s applicable tariffs. All
freight and other charges shall be paid to the
Carrier in full without offset, counterclaim or
deduction in the currency specified in the Carrier’s
applicable tariff, or, if no currency is so specified
in the lawful currency of the United States or
at Carrier’s option, and equivalent sum
in the currency of the place of payment determined
at the New York exchange demand rate in effect
at the time the Goods are delivered for distribution
by Carrier to itself and to any joint service
carrier performing transportation services under
a joint through bill of lading as their respective
interest may appear. Payment of ocean freight
and charges to a Freight Forwarder, Broker or
anyone other than G & G Marine, Inc. or its
authorized agent shall not be deemed payment to
the Carrier and shall be made as the payor’s
sole risk.
4.)
AGREED VALUE: LIMITATION ON CARRIERS LIABILITY.
To secure a due proportion between the amount
for which it may be responsible in the event of
loss or damage to the Goods, and in accordance
with the freight which it receives, the Carrier
has established by its tariffs and the Ocean Shipping
Reform Act of 1998 and offered the Shipper alternative
rates of freight, namely, (1) its regular public
or contract (lower) rates for goods limited in
value as hereinafter agreed and (2) ad valorem
rates for goods not so limited. Unless the Shipper
shall cause the value of the Goods to be declared
before shipment and elect to pay freight at the
ad valorem rate, Shipper elects to ship under
the regular (lower) rate and agrees that for the
purpose of computing any liability of the Carrier
for loss or damage, the value of the Goods shall
be their sound market value at destination which
shall be presumed to be invoiced cost plus freight
and insurance (or, where there is no invoice,
the value of the Goods at the time and place of
shipment plus freight and insurance) not in any
event exceeding $500. per package lawful money
of the United States, or in case of Goods not
shipped in packages. $500 per customary freight
unit provided, however, that the Carrier’s
liability for inquiry to or death of live animals,
birds, reptiles and fish shall not exceed any
special limitations set forth in the Carrier’s
tariff, unless in all cases the above provisions
for placing a higher valuation thereon have been
compiled with. In no event shall the Carrier be
liable for more than the amount of damage actually
sustained, nor shall the Carrier be liable for
loss of or damage to any Goods not identified
in the transportation documents furnished to the
Carrier.
5.)
JOINT SERVICE CARRIAGE. Shipments of Goods
under joint rates and through routes in which
Carrier and one or more Joint Service Connecting
Carrier participates under applicable joint freight
service tariffs shall be subject to the provisions
of this paragraph. The care, custody and carriages
of the Goods during any period in which a Joint
Service Connecting Carrier or its contractor or
agent is in possession of the Goods shall be the
sole responsibility of the Joint Service Connecting
Carrier. If a Joint Service Connecting Carrier
is a common carrier by rail or motor vehicle within
the United States of America, the care, custody
and carriage of the Goods are subject to the Contract
Terms and Conditions of thee Uniform domestic
Bill of Lading adopted by the Joint Service connecting
Carrier or applicable by force of law or regulation.
If a Joint Service Connecting Carrier is an air
carrier, the care, custody and carriage of the
Goods are subject to the Convention for the Unification
of Certain Rules relating to International Carriage
by Air, signed at Warsaw, October 12, 1929 and
to the air carrier’s regular form waybill
or other document evidencing the terms and conditions
governing the air carriers performance to the
extent set forth or incorporated by reference
in an applicable freight tariff if loss or damage
occurs after receipt of the Goods as acknowledged
by this bill of lading, the liability therefore,
if any, shall be that of the Carrier to the extent
caused by the Carrier and shall be that of a Joint
Service Connecting Carrier to the extent caused
by such connecting carrier, provided however,
if it cannot be determined which carrier’s
custody the Goods were when lost or damage shall
be deemed to have occurred while the Goods were
in the care and custody of the Carrier.
6.)
CARRIER’S CONTRACTORS. Because the
Carrier requires the assistance of others to perform
the services undertaken under the transportation
agreement evidenced by this bill of lading as
well as transportation agreements between Carrier
and other, every servant, agent stevedore, terminal
services contractor, lighter operator, pilot or
other independent contractor, including their
agents, servants and subcontractors, performing
such services shall have the benefit of every
exemption from and limitation of liability, defense,
right and liberty to which the Carrier is entitled.
For purposes of the forgoing provision, the Carrier
shall be deemed to be the agent or trustee for
the benefit of all such persons and all such persons
shall be deemed to be parties to the transportation
agreement evidenced hereby to that extent.
7.)
SHIPPER’S WEIGHT, LOAD AND COUNT, SHIPPER’S
WARRANTIES. When containers, vans, trailers,
portable tanks, skids, palletized units, and other
cargo units are not packed or loaded by the Carrier,
the Carrier does not represent to be accurate
and is not bound by any description of the value,
quantity, weight, condition or existence of the
contents thereof as furnished by or on behalf
of Shipper or identified in this bill of lading
by use of the phase “said to contain”
or otherwise, and shall not be liable for any
difference in value, quantity, weight or condition
of the Goods furnished by or on behalf of the
Shipper and that of the Goods actually delivered.
The Carrier shall have no responsibility or liability
whatsoever for the packing, loading, securing,
shoring and/or stowage of contents of such cargo
units, or for loss or damage caused thereby or
resulting there from. The Shipper warrants that
it or its authorized representative has inspected
such cargo units before loading and that they
are physically suitable to properly contain their
contents. The Shipper and Consignee, with respect
to cargo units not packed or loaded by Carrier,
represent and warrant (a) that the Goods are properly
described, marked, secured, and packed in their
respective cargo units, (b) that any cargo units
other than Carrier-furnished units are physically
suitable, sound, and structurally adequate properly
to contain and support the Goods during handling
and on the voyage, and that such cargo units may
be handled in the usual and customary manner without
damage to themselves or to their contents, or
to the Vessel or its other cargo, or property,
or person, (c) that all particulars with regards
to the cargo units and their contents, and the
weight of each said cargo units are in all respects
correct and (d) that such units are in compliance
with all applicable government regulations. Shipper
and Consignee, jointly and severally agree to
indemnify Carrier and to hold it harmless in respect
of any injury or death of any person or any loss
or damage to cargo or any other property or the
Vessel or any other vessel or any expense including
attorney’s fees caused by breach of any
of the foregoing representations or warranties.
8.)
UNDER DECK AND ON DECK STOWAGE. The Carrier
has the right to carry Goods in containers, vans,
trailer, flat beds, and portable tanks under deck
or on deck. When such Goods are carried on deck,
the Carrier shall not be required to specially
note, mark or stamp any statements of “on
deck” a carriage on the face of this bill
of lading nor to give notice thereof to the Shipper
or Consignee in respect of Goods in containers,
vans, trailers, or portable tanks carried on deck
the Carrier shall not be liable for loss or damage
caused by perils incident to such on deck carriage.
In respect of Goods not in containers, vans, trailer
or tanks carried on deck under the transportation
agreement the Carrier shall so state such carriage
on the front side hereof and all risk of loss
or damage by water deterioration and other perils
inherent in such carriage shall be borne by the
Goods and anyone having an interest herein.
9.)
SPECIAL STOWAGE REFRIGERATION. Goods will
not be provided temperature controlled, insulated
or naturally ventilated stowage unless the Carrier
has undertaken such special stowage in advance
of the Carrier’s receipt of the Goods and
in the absence of such agreement the Shipper and
Consignee warrant that the Goods do not require
such protection. The Carrier does not provide
mechanically ventilated stowage and does not furnish
or maintain preservative gasses in connection
with temperature controlled stowage and the Carrier
assumes no responsibility for loss or damage to
Goods arising in whole or in part from any lack
of such refrigerating machinery, plant, insulation,
or of any apparatus of the container vessel conveyance
or other facilities. If the Carrier shall before
or at the beginning of the transport, have exercised
due diligence to maintain such equipment in an
efficient state and if the Goods have been packed
into a refrigerated container, by or on behalf
of the Shipper, it is the obligation of the Shipper
to stow the content properly and set the thermostatic
controls exactly. The Carrier shall not be liable
for any loss of or damage to the Goods arising
out of or resulting from the Shipper’s failure
in such obligations. If the Carrier has packed
the Goods into a refrigerated container and a
temperature or temperature range has been disclosed
to the Carrier by the Shipper to its authorized
representative, Carrier will set the thermostatic
control according with respect to both Carrier
and Shipper packed containers where Carrier has
undertaken by special agreement to carry the Goods
at a particular temperature or temperature range.
The Carrier undertakes only that the refrigeration
equipment shall perform within the operating specifications
of the equipment and makes no warrantee or agreement
with respect to the actual temperature of
any commodity, fruit, vegetables, meat, fish or
any perishable Goods within the container.
10.)
RECONDITIONING. In the event that Carrier
must perform reconditioning a cooperage restowage
of the Goods for the safety of persons or of the
Goods or other property or to bring the Goods
into conformance with applicable law Carrier shall
be reimbursed therefore of accessorial labor and
equipment rental rates named in any applicable
tariff or if no such rate apply at 120% of Carrier’s
costs of performing such work.
11.)
TRANSSHIPMENT, SUBSTITUTION OF VESSEL.
Whether or not the Goods are consigned to a port
or point where the Vessel does not discharge,
the Carrier may without notice transship the whole
of any part of the Goods before or after loading
at the original port of shipment or any other
place or places even though outside the scope
of the voyage or the route to or beyond the port
of discharge or the destination of the Goods by
any substitute or connecting water carrier’s
vessel or other means of transportation by water
or by land or by air whether operated by the garner
or by others.
12.)
SCHEDULE DELAY. The Carrier does not undertake
that the Goods will be transported from or loaded
at the place of receiving or loading or will arrive
at the place of discharge destination or transship
aboard any particular vessel or other conveyance
at any particular date or time or to meet any
particular market or in time for any particular
use. Scheduled or advertised departure and arrival
times are only expected times and may be advanced
or delayed if the Carrier or any Joint Service
Connecting Carrier shall find it necessary, prudent
or convenient. In no event shall the Carrier be
liable for consequential or other damages for
delay in the scheduled departures or arrivals
of the vessel or other conveyance transporting
the Goods.
13.)
SCOPE OF THE VOYAGE, CARRIER’S LIBERTIES.
The voyage may call at scheduled ports in or out
of the usual order, may provide substituted service
by modes other than water as may be provided for
by applicable tariffs, may omit schedule routes
or ports, may include unscheduled routes or ports
and may lighter the Goods. The Vessel may sail
with or without tugs or pilots, undertake rescue
or salvage tow or be towed or undergo dry-docking
or repairs. In any situation whatsoever which
in the opinion of the Master or the Carrier gives
rise to risk of seizures, detention, damage, loss,
delay or disadvantage to the Vessel or the Goods
of materially detaining the equipment of the Carrier
or would make it imprudent, unlawful or commercially
impractical to commence or continue the voyage
or to enter or discharge the Goods at the port
of discharge. The Master or the Carrier may discharge
the Goods, or any part of them at any port or
place considered by the Carrier to be safe or
advisable under the circumstances and forward
or arrange to forward the Goods by rail, water,
motor vehicle or air or place the Goods in storage
facility or warehouse, at the risk and expense
of the Goods. The exercise of any of the foregoing
liberties by the Carrier or the Master shall constitute
performance under the transportation agreement
and not a deviation from the scope of the voyage.
When the Goods are discharged from the Vessel
and delivered to a forwarding agent or Carrier
or to a warehouse or storage facility under the
provisions of this paragraph or when required
to be delivered to local customs authorities under
local law, such discharge and delivery shall constitute
complete and delivery and performance under the
transportation agreement.
14.)
DELIVERY UNDER NEGOTIABLE BILLS OF LADING.
If the Goods are consigned “to order”
on the face hereof the Goods shall be delivered
at the place of delivery upon surrender of the
original properly endorsed bill of lading provided
however if the Goods are to be transshipped via
a connecting carrier to a destination point beyond
the place of delivery stated on the face hereof
Carrier on behalf of the Shipper and Consignee,
or the representative of either of them at the
risk and expense of the Goods deliver the Goods
to the connecting carrier without surrender of
the original properly endorsed bill of lading,
unless instructed otherwise and shall obtain the
connecting carrier’s acknowledgement that
delivery of the Goods shall be made only upon
surrender of the Carrier’s original properly
endorsed bill of lading.
15.)
UNDELIVERED GOODS. If for any reason whatsoever
the Consignee refuses or fails to take delivery
of the goods upon the arrival and availability
at destination and upon expiration of tariff prescribed
free-time and any notice of arrival availability
or demand given by the Carrier, the Carrier may
without further notice or demand and in addition
to any other legal or equitable remedies exercise
its maritime lien for any charges due at a private
judicial sale of the Goods or may place the Goods
in storage at the risk and expense of the Goods
subject to a lien in favor of the Carrier for
any charges due.
16.)
CARRIER’S CONTAINERS. Whenever a
Shipper or Consignee, or an agent or contractor
acting on behalf of either of them shall take
possession of Carrier’s container equipment
in accordance with applicable tariff rules, the
Shipper or Consignee in possession or for the
benefit of whom an agent or contractor has taken
possession, shall defend, indemnify and hold harmless
the Carrier from and against any loss or damage
to Carrier’s equipment and third party property
and injury to or death of persons arising out
of the use of said equipment.
17.)
DANGEROUS, HAZARDOUS OR NOXIOUS CARGO.
Goods of a flammable, explosive corrosive, radioactive,
noxious, hazardous, unstable or dangerous nature,
shipped without full disclosure in writing to
the Carrier as to their nature and character,
may at any time before discharge be landed at
any place, thrown overboard, destroyed or rendered
innocuous without liability on the part of the
Carrier or other shippers or consignees and even
if such disclosure is made, the Carrier may, without
incurring any liability, make the same disposition
of such Goods, in the opinion of the Carrier they
shall be or become dangerous or noxious to the
Vessel or cargo or to persons. The Shipper shall
indemnify the Carrier for all losses, damages,
liabilities, fines, civil penalties and expenses
(including attorney’s fees) suffered by
the Carrier caused in whole or part by omission
of full disclosure required by this paragraph
or by applicable law or regulations.
18.)
CONDITION OF IRON, STEEL AND METAL PRODUCTS. The
term “apparent good order” when used
in this bill of lading with reference to iron,
steel or metal products, does not mean that the
Goods, when received, were free of visible rust
or moisture. If the Shipper so requests, the bill
of lading will be issued setting forth any notations
as to rust or moisture which may exist at the
time such Goods were received.
19.)
MARKS. The Goods shall be distinctly, correctly
and permanently marked by the Shipper when delivered
for shipment, except for Goods shipped in bulk
or as otherwise expressly provided in an applicable
Carrier tariff.
20.)
GENERAL AVERAGE. General average shall
be adjusted, stated and settled according to York/Antwerp
Rules 1974 except Rule XXII thereof, at such port
or place in the United States as may be selected
by the Carrier, and as to matters not provided
for by these Rules, according to the laws and
usages at the Port of Miami. In applying these
Rules, expenditures and/or sacrifices which are
necessary for the safe prosecution of the voyage
and which are otherwise allowable under Rules
X, XI, XII, XIV, or XV shall be allowed irrespective
of the definition of a general average act contained
in rule A. In connection with such adjustment,
disbursements in foreign currencies shall be exchanged
into legal tender of the United States at the
rate prevailing on the dates made and allowances
for loss of or damage to cargo claimed in foreign
currency shall be converted at the rate prevailing
on the last day of discharge at the port or place
of final discharge of such damaged cargo from
the ship. Average agreement or bond and such additional
security as may be required by the Carrier must
be furnished before delivery of the Goods such
cash deposit as the Carrier may deem sufficient
as additional security for the contribution of
the goods and for any salvage and special charges
thereon shall without prejudice to the ultimate
liability of the parties be made by the Goods,
the Shipper or the Consignee to the Carrier before
delivery such deposits shall at the option of
the Carrier be payable in legal tender of the
United States and be remitted to the adjuster
when so remitted the deposit shall be held in
a special account at the place of adjustment in
the name of the adjuster pending settlement of
the general average and refunds or credit balances,
if any, shall be paid in legal tender of the United
States. 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 contract or otherwise the Goods, the
Shipper and Consignee 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 general and special charges incurred
in respect of the Goods. If a salvaging ship is
owned and operated by the Carrier or another water
carrier transporting the Goods, salvage shall
be paid as fully as if salvaging ship belonged
to strangers.
21.)
BOTH TO BLAME COLLISSION CLAUSE. If the
Vessel comes into collision with another vessel
as the joint result of negligence of the other
vessel and any act, neglect or default of the
master, pilot or member of the crew in the navigation
or management of the Vessel, the Shipper or Consignee
having beneficial ownership of the Goods shall
indemnify the Carrier against all loss or damage
to or any claim whatsoever of said owner of the
Goods paid or payable by the other or non-carrying
vessel or her owners to said owner of the Goods
and set-off against or recouped or recovered from
the Vessel or the Carrier by the other vessel
or its owners. The foregoing provisions shall
also apply where the owners, operators or other
persons in charge of any vessel or object other
than or in addition to the colliding vessels and/or
objects are at fault in respect of a collision,
allision, stranding or other accident.
22.)
LOSS OR DAMAGE BY FIRE. The Carrier shall
not be liable for any loss or damage to the Goods
occurring at any time even though before loading
on or after discharge from the vessel by reason
or by means of any fire whatsoever, unless such
fire shall be caused by the design or neglect
of the Carrier.
23.)
WAR RISKS: GOVERNMENTAL ORDERS. The Carrier
shall have liberty to carry goods declared by
any belligerent to be contraband and persons belonging
to or intending to join the armed forces or governmental
service of any belligerent to sail armed or unarmed
and with or without convoy and to comply with
any orders, requests or directions as to loading,
departure/arrival routes, ports of call, stoppage,
discharge, destination, delivery or otherwise
howsoever given by the government of any nation
or department thereof or any person acting or
purporting to act with the authority of such government
or of any department thereof or by any committee
or person having under the terms of the war risk
insurance on the Vessel the right to give such
orders, requests, or directions, delivery or other
disposition of the Goods in accordance with such
orders, requests, or directions shall constitute
performance of the Carrier’s delivery obligations
under the transportation agreement and all responsibility
of the Carrier in whatever capacity shall terminate
upon such delivery or other disposition.
24.)
TIME FOR SUIT. The Carrier and the Vessel
shall be discharged from all liability in contract
and in tort in respect of loss, damage, delay,
misdelivery or conversion unless claim is brought
within 10 days after delivery of the Goods or
the date when the Goods should have been delivered.
Investigating, negotiating or otherwise dealing
with claim by Carrier or its attorneys or representatives
shall not be admission of liability and shall
not be deemed a waiver of this provision. A claim
against a Joint Service Connecting Carrier is
subject to the claims, filing notice and time
for suit requirements provided for in their terms
and conditions which may prescribe periods within
which notice must be given. All claims shall be
filed in writing with G & G Marine, Inc. 760
N.E. 7th Avenue, Dania Beach, Florida 33004.
25.)
HEADINGS. The headings set out at the beginning
of numbered paragraphs are for convenience of
reference only and shall not be considered in
the interpretation and construction of the terms
and conditions of this bill of lading.
26.)
DEMISE CLAUSE. If the ship is not owned
by or chartered by demise to the company or line
by whom this bill of lading is issued (as may
be the case not withstanding anything that appears
to the contrary) this bill of lading shall take
effect only as a contract with the owner or demise
chartered, as the case may be, as principal made
through the agency of the said company or line
who acts as agent only shall be under no personal
liability whatsoever in respect thereof.
27.)
The Carrier shall not be responsible for
specie, bullion, jewelry, plate, precious stones
or metals, bank notes, bonds or other negotiable
documents or valuables until actually delivered
on board the ship to the Master or other officer
in charge of the deck at the time and signed by
him. Delivery must be taken on the ship’s
deck at port of discharge and the Carrier’s
responsibility shall thereupon cease. Such articles
are received and the rate of freight has been
specially adjusted upon the condition and understanding
that the value thereof has been insured by the
shipper or others for account of the Carrier in
respect of its liability, under usual form of
Lloyds Policy or equivalent, and that the shipper
by accepting this bill of lading represents that
such insurance has been affected, and undertakes
that the Policy shall be available for the Carrier’s
protection in case of need.
28.)
LUMBER, TIMBER, PLYWOOD AND WOOD PRODUCTS, ETC.
The carrier or the ship shall not be responsible
for stains, discolorations, checks, holes, chafage,
breakage or splitting of lumber, timber, plywood
or wood products, whether or not unprotected or
partly covered.
29.)
ON FREIGHT AND CHARGES OVERDUE. i.e. beyond
the 30 day period, carrier shall be entitled to
recovery of all costs of collection, including
but not limited to reasonable collection agency
fees, reasonable attorney fees at both the trial
and appellate levels, and on overdue amounts;
12% interest compounded daily commencing on the
date the delinquent account is given to a collection
agency and/or attorney for collection.
Insurance
Coverage Terms: If client declines Insurance
coverage, a G&G Insurance Declined Waiver
must be signed and presented prior to sailing
of said freight.
INSURANCE COVERGE EXCLUSIONS:
ALL GOODS FALLING INTO ANY OF THESE CATAGORIES
SHIP UNDER SHIPPER’S RISK.
ITEMS
NOT COVERED BY INSURANCE
· Used vehicles of any type.
· Cargo loaded off site, bookings or shipper
loaded.
· Glass of any type.
· Used boats of any type.
· Concrete, sand, lime, thin set and or
any powdered or bagged cargo.
· All inbound/imported cargo returned to
G&G in Dania, FL.
· All shipper owned equipment i.e. flatbeds,
trailers, container or equipment of any type whatsoever.
· Livestock, Plants, Sod or any living
organisms of any type.
· Wet or damaged cartons or packing
· Exposed cargo or cargo not properly packed
or crated
Any cargo arriving at G&G Port, Dania, FL,
U.S., accessed and deemed unacceptable for export
does not qualify for insurance coverage and will
be shipped “shippers/
consignee risk” G&G will determine exclusively
qualifications for acceptable or unacceptable
for export cargo.
ALL G&G LIABILITY
ENDS WHEN CARGO ARRIVES IN PORT OF DESTINATION.
G&G IS NOT RESPONSIBLE FOR ANY CARGO IN STORAGE
OR IN TRANSIT TO CUSTOMER.
ALL
FREIGHT CHARGES MUST BE CURRENT AND PAID IN FULL
BEFORE FILING A CLAIM
In the event of loss, please provide G&G Marine
with the following information:
· Letter of claim no later than 10 calendar
days after receipt of cargo at port of entry.
· Copy of invoice(s) in question with the
actual item(s) damaged and/or short delivered.
· Copy(s) of the carrier’s delivery
receipt(s).
· Condemnation certificate (if applicable).
· Photograph(s) showing damages.
· Any relevant additional information.
Damaged cargo must be returned to G&G Claims
Department’s US office within 30 days of
claim unless instructed otherwise in writing by
G&G Claims Officer. Failure to return items
to G&G Claims Department’s US office
within the 30 day grace period will result in
a voided claim. back
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