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Thursday , October 18 2018
Home / Freight Training News / BOL Contd: DESCRIPTION OF GOODS
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16. Carrier’s Responsibility
The information in this Bill of Lading shall be prima facie evidence of the taking in charge by the Carrier of the
goods as set on page two overleaf unless another indication, such as “shipper’s weight, load and count”,
“shipper-packed container” or similar expressions, has been made in the printed text or inserted in
the Bill of Lading.
Proof to the contrary shall not be admissible when the Bill of Lading has been transferred and/or an equivalent
electronic data interchange message has been transmitted to and acknowledged by the Consignee who can proof to have relied and acted thereon.
17. Shipper’s Responsibility.
The Shipper shall be deemed to have guaranteed to the Carrier the accuracy, at the time the goods were taken in
charge by the Carrier, of the description of the goods, marks, number, quantity and weight, as furnished by it
and the Shipper shall defend, indemnify and hold harmless the Carrier against all loss, damage and expenses arising
or resulting from inaccuracies in or inadequacy of such particulars. The right of the Carrier to such indemnity shall in not limit its responsibility and liability under this Bill of Lading to any person other than
the Shipper. The Shipper shall remain liable even if the Bill of Lading has been transferred.
18. Shipper- packed Containers
(1) If a container has not been loaded, packed or stowed by the Carrier, the latter shall not be liable for loss of or
damage to its contents and the Merchant shall cover any loss or expense incurred by the Carrier, if such loss,
damage or expense has been caused by:
(a) negligent loading, packing or stowing of the container;
(b) the contents being unsuitable for carriage in container; or
(c) the unsuitability or defective condition of the container unless the container has been supplied by the Carrier
and the unsuitability or defective condition would not have been apparent upon reasonable inspection at or prior to the time when the container was filled, packed or stowed.
(2) The provisions of sub-clause (1) of this Clause also apply with respect to trailers, transportable tanks, flats and pallets which have not been filled, packed or stowed by the Carrier.
(3) The Carrier does not accept liability for damage due to the unsuitability or defective condition of reefer  equipment or trailers supplied by the Merchant.
19. Dangerous Goods
(1) The Merchant shall comply with all internationally recognised requirements and all rules which apply
according to national law or by reason of international Convention, relating to the carriage of goods of a dangerous nature, and shall in any event inform the Carrier in writing of the exact nature of the danger before goods of a dangerous nature are taken into charge by the Carrier and indicate to it, if need be, the precautions to be taken.
(2) Goods of a dangerous nature which the Carrier did not know were dangerous, may, at any time or place, be
unloaded, destroyed, or rendered harmless, without compensation. The Merchant shall be liable for all
expenses, loss or damage arising out of their handing over for carriage or of their carriage.
(3) If any goods shipped with the knowledge of the Carrier as to their dangerous nature shall become a danger to any person or property, they may in a like manner be landed at any place or destroyed or rendered innocuous by the Carrier without liability on the part of the Carrier except to General Average.
(4) Any hazardous cargo to be clearly marked with an asterisk on page two overleaf.
20. Return of Containers
(1) For the purpose of this Clause, the Consignor shall mean the person who concludes this Contract with the
Carrier and the Consignee shall mean the person entitled to receive the goods from the Carrier.
(2) Containers, pallets or similar articles of transport supplied by or on behalf of the Carrier shall be returned
to the Carrier in the same order and condition as handed over to the Merchant at the port of loading or any
other inland destination, normal wear and tear accepted, with interiors clean and within the time prescribed in
the Carrier’s tariff or elsewhere.
(3) (a) The Consignor shall be liable for any loss of, damage to, or delay, including demurrage, of such articles, incurred during the period between handing over to the Consignor and return to the Carrier for carriage.
(b) The Consignor and the Consignee shall be jointly and severally liable for any loss of, damage to, or delay, including demurrage, of such articles, incurred during the period between handing over to the Consignee and return to the Carrier.
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