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SAMPLE - FedEx

CLAUSE PARAMOUNT Carrier has the right but not the obligation to open and inspect the containers at any time without notice to Merchant, and expenses resulting from such Except as otherwise provided herein, all carriage under this Bill of Lading to or from the United States shall have effect subject to the provisions of the inspections shall be borne by Merchant; and Carriage of Goods by Sea Act of the United States, 46 sections 1300-1315 (hereafter, COGSA ). Carriage to or from Canada shall have effect Merchant shall inspect containers before stuffing them and the use of the containers shall be prima facie evidence of their being sound and suitable for under the Water Carriage of Goods Act of Canada ( COGWA ) and carriage to or from the People's Republic of China shall have effect subject to the use.

2.1 “Carrier” means FedEx International Freight Forwarding Agency Services (Shanghai) Company Limited. 12.0 ... or attempting to enter the port of discharge or to reach the place of delivery or attempting or commencing to discharge, shall be entitled to discharge the Goods or any part of them at any

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Transcription of SAMPLE - FedEx

1 CLAUSE PARAMOUNT Carrier has the right but not the obligation to open and inspect the containers at any time without notice to Merchant, and expenses resulting from such Except as otherwise provided herein, all carriage under this Bill of Lading to or from the United States shall have effect subject to the provisions of the inspections shall be borne by Merchant; and Carriage of Goods by Sea Act of the United States, 46 sections 1300-1315 (hereafter, COGSA ). Carriage to or from Canada shall have effect Merchant shall inspect containers before stuffing them and the use of the containers shall be prima facie evidence of their being sound and suitable for under the Water Carriage of Goods Act of Canada ( COGWA ) and carriage to or from the People's Republic of China shall have effect subject to the use.

2 Maritime law of the People's Republic of China. All carriage to and from other states shall be governed by the law of any state making the Hague Rules or Hague-Visby Rules compulsorily applicable to this Bill of Lading or if there be no such law, in accordance with the Hague Rules. The provisions of DANGEROUS GOODS. applicable law (except as may be otherwise specifically provided herein) shall govern before the goods are loaded on and after they are discharged from Merchant may not tender goods of a dangerous nature without written application to Carrier and Carrier's acceptance of the same. In the application, the vessel, whether the goods are carried on deck or under deck and throughout the entire time the goods are in the custody of the Carrier. Merchant must identify the nature of the Goods with reasonable specificity as well as the names and addresses of the Shippers and Consignees.

3 Nothing in this Bill of Lading shall operate to limit or deprive the Carrier of any statutory protection, exemption from, or limitation of liability authorized by Merchant shall distinctly and permanently mark the nature of the goods on the outside of the package and container in a form and manner as required by the applicable laws, statutes or regulations of the United States. law and shall submit to Carrier or to the appropriate authorities all necessary documents required by law or by Carrier for the transportation of such Whenever COGSA applies, this contract is to be governed by United States law. goods. If the Goods subsequently, in the judgment of Carrier, become a danger to Carrier, the Vessel, or other cargo, Carrier may dispose of the Goods without DEFINITIONS compensation to Merchant and Merchant shall indemnify Carrier for any loss or expenses arising from such action.

4 In this Bill of Lading Carrier means FedEx International Freight Forwarding Agency Services (Shanghai) Company Limited. DECK CARGO AND LIVE ANIMALS AND PLANT. Merchant includes any person who at any time has been or becomes the Shipper, Receiver, Consignor, Consignee of the Goods, the Holder of this Bill Carrier has the right to carry the Goods in any container under deck or on deck without prior notice to the Merchant. of Lading, any person in the possession of the Goods or this Bill of Lading or having a present or future interest in the Goods or any person acting on Carrier is not required to note, mark, or stamp any statement of on deck stowage on the face of this Bill of Lading and Goods so carried shall constitute behalf of, or the servants, of any of the above-mentioned persons.

5 Under deck stowage for all purposes including the General Average. Vessel includes the vessel(s) named on the face side hereof, any substituted vessel(s), any vessel(s) to which transshipment may be made in the Except as otherwise provided by any law applicable to this contract, if this Bill of Lading states that the cargo is stowed on deck, then Carrier shall not be performance of this Contract and any vessel, ship, craft, feeder, ferry, barge, lighter or any other means of transport whatsoever, owned, chartered liable for any non-delivery, misdelivery, delay or loss to goods carried on deck, whether or not caused by Carrier's negligence or the Vessel's operated or controlled and used by the Carrier in the performance of this Contract which is or shall be substituted, in whole or in part, for the vessel(s) unseaworthiness.

6 Named on face hereof. Carrier shall not be responsible for any accident, disease, mortality, loss or damage of whatsoever nature on or to live animals, birds, reptiles, fish and Package is the largest individual unit of partially or completely covered or contained cargo made up by or for the Shipper which is delivered and plants arising or resulting from any cause whatsoever including the Carrier's negligence or the Vessel's unseaworthiness, and shall have the benefit of all entrusted to Carrier, including palletized units and each container stuffed and sealed by the Shipper or on its behalf, although the Shipper may have the provisions of this Bill Lading except those inconsistent with provisions of this Clause. furnished a description of the contents of such sealed container on this Bill of Lading.

7 Container includes any container, trailer, transportable tank, lift van, flat, pallet, cradle, sled or any similar article of transport used to consolidate the HEAVY LIFT. goods. The weight of a single package or piece exceeding 2,240 pounds, gross must be declared in writing by Merchant before receipt of the packages by Carrier's container or Carrier's equipment includes containers or equipment owned, leased or used by Carrier in the transportation of Merchant's goods. Carrier and must be clearly and durably marked on the outside of the piece or package in letters and figures not less than two inches high. Goods means whole or any part of the cargo described on the face side hereof which has been received from the shipper and accepted by the Carrier If Merchant fails to comply with the above provisions, Carrier shall not be liable for any loss of or damage to the Goods, and Merchant shall be liable for and, if the cargo is packed into container(s) supplied or furnished by or on behalf of the Merchant, it includes the container(s) as well.

8 Any loss of or damage to any property or for personal injury arising as a resulting from such failure and Merchant shall indemnify Carrier against any kind Carriage means the whole or any part of the operations and services undertaken by the Carrier in respect of the Goods. of loss or liability suffered or incurred by Carrier as a result of such failure. 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 by reason of Merchant agrees to comply with all laws or regulations that may be applicable during the carriage concerning overweight containers and Merchant shall the consignment of the goods or the endorsement of this Bill of Lading or otherwise. indemnify Carrier against any loss or liability suffered or incurred by Carrier as a result of Merchant's failure to comply with this provision.

9 Person includes an individual, group, company, partnership, or other entity. DELIVERY. Freight includes all charges payable to the Carrier in accordance with the applicable Tariff and this Bill of Lading. The Carrier shall not be liable for failure of or delay in delivery in accordance with marks unless such marks shall have been clearly and durable stamped Subcontractor includes but is not limited to owners and operators of vessels (other than the Carrier), stevedores, terminal and groupage operators, road or marked upon the Goods, package(s) and container(s) by the Merchant before they are received by the Carrier in letters and numbers not less than and rail transport operators and any independent contractor employed by the Carrier in performance of the Carriage and any sub-subcontractors thereof.

10 Two inches high, together with names of port of discharge and place of delivery. Final Destination on the face hereof is solely for the purpose of the Merchant's reference and the Carrier's responsibility in respect to the Goods shall in The Merchant warrants to the Carrier that the marks on the Goods, Package(s), and Container(s) correspond to the marks shown on this Bill of Lading all cases cease at the time of delivery of the Goods at the port of discharge or place of delivery. and also in all respect comply with all laws and regulations in force at the Port of discharge or Place of delivery and shall fully indemnify the Carrier Hague Rules means the provisions of the International Convention for the Unification of Certain Rules relating to Bill of Lading signed at Brussels on 25.


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