UNIT 7

ROUTINE SHIP’S CORRESPONDENCE

I. A form of Bill of Lading about conditions of carriage.

BILL OF LADING

To be used with CHARTER-PARTIES

CODE NAME: "CONGENBILL"

EDITION 1978

ADOPTED BY

THE DFLTIC AND INTERNATIONAL

MARITIME CONFERENCE (BIMCO)

CONDITIONS OF CARRIAGE.

(1) All terms and conditions,

Liberties and exceptions of the Charter Party, dated as overleaf, are herewith incorporated. The Carrier shall in no case be responsible for loss of or damage to cargo arisen prior to loading and after discharging.

(2) General Paramount Clause.

The Hague Rules contained in the International Convention for the Unification of certain rules relating to Bills of Lading, dated Brussels the 25th, August 1924 as enacted In the country of shipment shall apply to this contract. When no such enactment is In force in the country of shipment, the corresponding legislation of the country of destination shall apply, but in respect of shipments to which no such enactments are compulsories applicable, the terms of the said Convention shall apply.

Trades where Hague-Visby Rules apply.

In trades where the International Brussels Convention 1924 as amended by the Protocol signed at Brussels on February 23rd 1968 — the HagueVisby Rules — apply compulsorily. the provisions of the respective legislation shall bo considered incorporated in this Bill of Lading. The Carrier takes all reservations possible under such applicable legislation, relating to the period before loading and after discharging and while the goods are in the charge of another Carrier, and to deck cargo and live animals.

(3) General Average:

General Average shall be adjusted, stated and settled according to YorkAntwerp Rules 1974, in London unless another place is agreed in the Charter.

Cargo's contribution to General Average shall be paid to the Carrier even when such average Is the result of a fault, neglect or error of the Master, Pilot or Crew. The Charterers, Shippers and Consignees expressly renounce the Netherlands Commercial Code, Art. 700, and the Belgian Commercial Code, Part II, Art. 148.

(4) New Jason Clause.

In the event of accident, danger, damage or disaster before or after the 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, Shippers, Consignees or owners of the goods 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 and special charges incurred In respect of the goods.

If a salving ship is owned or operated by the Carrier, salvage shall be paid for as fully as'If the said salving ship or ships belonged to strangers. Such deposit as the Carrier or his agents may deem sufficient to cover the estimated contribution of the goods and any salvage and special charges thereon shall, if required, be made by the goods, Shippers, Consignees or owners of the'goods to the Carrier before delivery.

(5) Both-to-Blame Collision Clause.

If the Vessel comes into collision with another ship as a result of the negligence of the other ship and any act, neglect or default of the Master, Mariner, Pilot or the servants of the Carrier in the navigation or in the management of the Vessel, the owners of the cargo carried hereunder will indemnify the Carrier against all loss or liability to the other or non-carrying shin or her Owners in so. far as such loss or liability represents loss of, or damage to, or any claim whatsoever of the owners of said cargo, paid or payaule by the other or non-carrying ship or her Owners to the owner of said cargo and setoff, recouped or recovered by the other or non-carrying ship or her Owners as part of their claim against the carrying Vessel Carrier. The foregoina provisions shall also apply where the Owners, operators or those in charge of any ship or ships or objects other than, or In addition to. the colliding ships or objects are at fault In respect of a collision or contact.

For particulars of cargo, freight destination, etc., see overleaf

II. A DOCUMENT ABOUT AUTHORITY TO SIGN BILLS OF LADING ON MASTER'S BEHALF

IMPORTANT NOTICE

THIS DOCUMENT is то be issued/submitted only after obtaining ANY UNAUTHORISED USE OF THIS

DOCUMENT IS "STRICTLY PROHIBITED".

AUTHORITY TO SIGN BILLS OF LADING ON MASTER'S ВEHALF

I hereby authorise you to sign on my behalf, Bills of Lading for cargo actually loaded on board this vessel at this port only and during her present call only.

This authority is issued subject to the following conditions:

1.The Form of В/L to be used is"........................."

2.All Bills of Lading signed by you must conform strictly with the respective Mate's Receipts signed by my Chief Officer including date, quantity, description, name of load port.

3.All remarks endorsed on the Mate's receipts must be endorsed in full on the Bills of Lading.

4.В/L to be endorsed in the front page with foll:"All other terms/conditions/exceptions including arbitration clause as per C/P

5.No "LINER TERMS" or "THROUGH BILLS OF LADING" to be issued.

6.This letter is intended to compliment the, Charter Party between

Owners and time chatterers dated ........................ and must be applied in conjunction with the relevant provisions contained therein.

Bills of Lading signed by you without the above conditions being fulfilled will be considered to have been signed without my authority.

You are requested to sign for receipt of this letter and acceptance of its contents in the space provided below:

ACKNOWLEDGED AND ACCEPTED:

.................................... SIGNATURE

................................... NAME (IN CAPITALS)

..................................... TITLE

...................................... DATE

MASER M/V................

AND STAMP…………

I. Letter advising authority to sign bills of lading on Master's behalf.

M.V. DYNAMIC PANAMA

Dear Sirs,

M/V Dynamic, Charter Party dated 10/July/1999

Authority to sign Bills of Lading on Master's behalf

I hereby authorise you to sign on my behalf, Bills of Lading for cargo actually loaded on board this vessel at this port only, and during her present call only. This Authority is issued subject to the following conditions:

1.All Bills of Lading signed by you must conform strictly with the Mate Receipts signed by my Chief Officer, including Dates, Quantity; Description and name oi Load Port, also per relevant clause 34 of relevant Charter Party.

2.В/L form to be Congenial 1978

3.No through Bills of Lading to be issued without Owner's approval per C/P clause 67.

4.All remarks endorsed oh the Mate's Receipts must be endorsed in full on the Bills of Lading.

5.Also to contain P and I club bunker, voy-war 1993 clause and all following per C/P clause 35: New Jason clause. Both to Blame Collision Clause, General clause Paramount and elsewhere the following

Paramount Clause:

"All terms, provisions and conditions of the rules contained in the International Convention for the Unification of certain rules relating to Bills of Lading dated Brussels the 25th August, 1924 (commonly known as the Hague rules) shall apply to the contract in this Bill of Lading, but if in the country of shipment or delivery of the cargo any special law has been enacted in order to incorporate the rules of the said convention then all the terms, provisions and conditions of the said convention with the subject to such modifications and additions. if any, as are imposed by such special law shall be deemed to be a surrender by the carrier of any of his rights or immunities or any increase of any of his responsibilities under the said rules or enactments.

The carrier is to be entitled to be benefit of aJI such priviledges,rights and immunities as if the same were herein specifically set out, and if anything herein contained be inconsistent with the said rules or enactments it shall to the extent of such inconsistency and no further be null and void."

Acknowledged and Accepted

Yours faithfully, Master.

II. Letter advising and acknowledging authority to sign Bills of Lading on Master's behalf

Dear Sirs,

M/V Dynamic, Charter Party dated 10/July/1999

Authority to sign Bills of Lading on Master's behalf

I hereby authorise you to sign on my behalf, Bills of Lading for cargo ac-

tually loaded on board this vessel at this port only, and during her present call only. This Authority is issued subject to the following conditions:

1.All Bills of Lading signed by you must conform strictly with the Mate Receipts signed by my Chief Officer, including Date; Quantity, Description and name of Load Port, also per relevant clause 34 of relevant Charter Party.

2.В/L form to be Congenial 1978

3.No through Bills of Lading to be issued without Owner's approval per C/P clause 67.

4.All remarks endorsed on the Mate's Receipts must be endorsed in full on the Bills of Lading.

5.Also to contain P and I club bunker, voy-war 1993 clause and all following per C/P clause 35: New Jason clause, Both to Blame Colli-

sion Clause, General clause Paramount and elsewhere the following Paramount Clause:

"All terms, provisions and conditions of the rules contained in the International Convention for the Unification of certain rules relating to Bills of Lading dated Brussels the 25th August, 1924 (commonly known as the Hague rules) shall apply to the contract in this Bill of Lading, but if in the country of shipment or delivery of the cargo any special law has been enacted in order to incorporate the rules of the said convention then all the terms, provisions and conditions of the said convention with the subject to such modifications and additions, if any, as are imposed by such special law shall be deemed to be a surrender by the carrier of any of his rights or immunities or any increase of any of his responsibilities under the said rules or enactments.

The carrier is to be entitled to be benefit of all such privileges, rights and immunities as if the same were herein specifically set out, and if anything herein contained be inconsistent with the said rules or enactments it shall to the extent of such inconsistency and no further be null and void."

Acknowledged and Accepted

Yours faithfully,

Master.

III. Letter acknowledging authority to sign Bills of Lading on Master's behalf

Messrs. CONSIGNATARIA DEL COLFO S.A. DE C.V.

TAMPIOCO,

MEXICO.

M/V "Vienna SKY"

23rd November, 1999

Dear Sirs,

I, the undersigned Master of the above named vessels hereby authorize you to sign on my behalf the Bill of Lading/s covering cargo loaded on board my vessel on her present voyage at this port, provided Bill of Lading/s will be issued in conform — mity with Mate's receipts, and claused " ALL TERMS, CONDITIONS, EXCEPTIONS, AND LIBERTIES INCLUDING THE ARBITRATION CLAUSE AS PER RELEVANT CHARTER PARTY AND ANY ADDENDUM THERETO TO BE CONSIDERED AS INCORPORATED HEREIN, AS IF FULLY WRITTEN ANYTHING TO BE CONTRARY CONTAINED IN THIS BILL OF LADING NOTWITHSTANDING".

Bill of lading/s which do not cover in full above authorization must be considered as null and void.

Furthermore, I hearty request you to hold said Bill of lading/s until the time that you will be instructed from my owners to release them place them at Chatterers/ Shippers and/or their Agents disposal.

Unless such instructions are received from my Owners no release of Bill of Lading/s shall be effected.

Yours faithfully, Master

of the m/v " VlENNA SKY"