TARIFF NO. 100A

ALASKA MARINE LINES, INC.

STB AKMR 100A                                                       Original Page 20

 

                                                                                                  RULES                                                                                               ITEM NO.

 

BILLS OF LADING, FREIGHT BILLS AND STATEMENTS OF CHARGES – DOCUMENTATION                                         360

 

        (Exception to NMFC Item 360)

 

(A)               Alaska Marine Lines will provide the following documentation as part of the freight service as provided in this and other Alaska Marine Lines Tariffs:

 

(1)           Bill of lading sets consisting of the shipper’s copy.

 

(2)           Freight bill sets consisting of original freight bill and remittance only to the “Bill To” party;

 

(3)           Delivery receipt sets consisting of the customer memo copy only to the consignee.

 

(B)                When the shipper, consignee, or bill to party, or other lawful parties require or request copies of documentation in addition to what is provided in Paragraph (A), above, then the following charges shall apply for this service:

 

(1)           $.50 per page with a minimum of $5.00 per request;

(2)           Charges for delivery of documentation will be as follows:

(a)        U.S. Mail or express service cost, plus 10%

(b)        Electronic Service - $.50 per page with a minimum or $4.00 per delivery.

 

 

BILLS OF LADING OR FREIGHT BILLS INVOLVING A CHANGE IN COLLECTION STATUS:                                                            362

 

Corrected bills of lading, corrected freight bills or other written instructions from the consignor or connecting carrier to change the freight charge collection status from “Prepaid” to “Collect” or from “Collect” to “Prepaid” may be accepted only if received by Alaska Marine Lines, Inc., within a period of thirty (30) days from the date of the initial bill of lading.

 

NOTE 1:             Unless credit has been established with the carrier, corrected bills of lading, corrected freight bills or other written instructions to change the freight collection status from “Prepaid” to “Collect” will not be accepted under any circumstances once the shipment has been delivered.

 

NOTE 2:             When a change in collection status is allowed, a charge of $20.00 for the change will be assessed against the ultimate payer of the freight charge.  The charge will not apply if the change in collection status is necessary because of carrier’s error.

 

 

BILLS OF LADING, OTHER THAN AKMR:                                364

 

When Alaska Marine Lines or it’s authorized agent signs for receipt on any shippers or carriers bill of lading, other than an AKMR bill of lading, Alaska Marine Lines shall only be acknowledging receipt of the shipment, and shall not be accepting the terms or conditions as described on the shippers or carriers bill of lading.

 

When a shipment is received on a bill of lading other than an AKMR bill of lading, all contract terms and conditions for water carriage, as stated in Item 365, shall remain applicable.

 

 

For explanation of abbreviations and reference marks, see the last page of this Tariff.

ISSUED:         June 2, 1997                        EFFECTIVE:                        July 1, 1997

ISSUED BY: BARBARA JONES, DIRECTOR OF PRICING

P.O. Box 24348, Seattle, WA 98124          5615 W. Marginal Way S.W., Seattle, WA 98106

                                                                                                 File No. 20

TARIFF NO. 100A

ALASKA MARINE LINES, INC.

STB AKMR 100A                                                       Original Page 21

 

                                                                                                  RULES                                                                                               ITEM NO.

 

BILLS OF LADING – CONTRACT TERMS AND CONDITIONS FOR WATER CARRIAGE:                                                      365

 

                                                   I.  Clauses for Face of Bill of Lading:

 

(1)                 Received by carrier from the shipper, above named, the goods of packages said to contain goods, hereinafter mentioned, in apparent good order and condition, unless otherwise indicated in this bill of lading, to be transported on deck on the barge named herein, subject to all terms and conditions of this bill of lading and carrier’s applicable tariff(s) in effect on the date of issue, to the port of discharge, or so near thereunto as the vessel can always safely get and leave, always afloat at all stages and conditions of water and weather, and there to be delivered or transshipped on payment of the charges due thereon, with liberty, in the discretion of the carrier before and after shipment or loading and whether or not the goods, in whole or in part, are shut out from the vessel named herein for any cause, to substitute, or forward the whole or any portion or the goods under the terms of this bill of lading by any other vessel or vessels, although prior or subsequent, of the carrier’s own line, or at the option of the carrier, of any other line.

 

Unless otherwise stated herein, the description of goods and the particulars of the packages mentioned herein are those furnished to the carrier, by the shipper or his representative; the carrier shall not be responsible for the correctness of marks or the number, quantity, weight, gauge, measurement, contents, nature, quality or value of the cargo.

 

                The shipper, by tendering this bill of lading, agrees that the custody and carriage of the goods is subject to all the terms and conditions of the carrier’s bill of lading and applicable tariff(s) filed with the Interstate Commerce Commission or the Federal Maritime Commission.  Such terms and conditions shall be binding upon and shall govern the relations, whatsoever they may be, between the carrier, on the one hand, and the shipper or consignee, on the other, in every contingency, whatsoever and wheresoever occurring and also in the event of deviation or abandonment of the voyage, or of the unseaworthiness of the vessel at the time of loading or inception of the voyage of subsequently, and none of the terms or conditions of this bill of lading shall be deemed to have been waived by the carrier, unless by express waiver, in writing, signed by a duly authorized agent of the carrier.  Shipper hereby certifies that he is familiar with all the terms and conditions of said bill of lading and tariff(s) so filed and posted.  Said terms and conditions are hereby agreed to by the shipper and accepted for himself and/or his assigns.

 

                IN TENDERING THIS BILL OF LADING, the shipper, consignee, pledgee, holder or endorsee of this bill of lading, or owner of the goods, agree that all freight engagements, dock receipts, shipping orders, or other agreements whatsoever, in respect to the shipment of the goods, are superseded by this bill of lading and agree to be bound by all its terms, whether written, typed, printed, or stamped on the front or back hereof, or incorporated by reference herein, any local customs or privileges to the contrary notwithstanding, and agree that this bill of lading shall have the effect of a special contract.  Shipper acknowledges and agrees that the described cargo will be carried by barge and possibly by tandem tow.

 

 

 

 

 

 

 

 

(Continued)

 

For explanation of abbreviations and reference marks, see the last page of this Tariff.

ISSUED:         June 2, 1997                        EFFECTIVE:                        July 1, 1997

ISSUED BY: BARBARA JONES, DIRECTOR OF PRICING

P.O. Box 24348, Seattle, WA 98124          5615 W. Marginal Way S.W., Seattle, WA 98106

                                                                                                                                             File No. 21

TARIFF NO. 100A

ALASKA MARINE LINES, INC.

STB AKMR 100A                                                                                                             Original Page 22

 

                                                                                                  RULES                                                                                               ITEM NO.

 

BILLS OF LADING – CONTRACT TERMS AND CONDITIONS FOR WATER CARRIAGE: (Continued)                               365

 

(2)                 Shipper certifies that the materials, named below are properly classified, described, packaged, marked and are in proper condition for transportation according to the applicable regulations of the Department of Transportation.

 

(3)                 Subject to Section 7 of conditions, if this shipment is to be delivered to the consignee without recourse to the consignor, the consignor shall sign the following statement:

 

                    The carrier shall not make delivery of this shipment without payment of freight and all other lawful charges:

 

                                                                                                                        __________________________

                                                                                                                        Signature of Consignor

 

 

 

Sec. 1      Carrier’s Responsibility:

 

(a)        The carrier, or party in possession of any of the property herein described, shall be liable as at common law for any loss thereof or damage thereto, EXCEPT AS HEREINAFTER PROVIDED:

 

(b)        No carrier, or party in possession of all or any of the property herein described, shall be liable for any loss thereof or damage thereto, or delay caused by the Act of God, the public enemy, the authority of law, or act or default of the shipper or owner, inherent vice or for natural shrinkage.  The carrier’s liability shall be that of warehouseman only, for loss, damage, or delay caused by fire, occurring after the expiration of free time (if any) allowed by tariffs lawfully on file (such free time to be computed as therein provided) after notice of the arrival of the property at destination or at the port of export (if intended for export) has been duly sent or given, and after placement of the property for delivery at destination, or tender of delivery of the property to the party entitled to received it has been made.  Except in case of negligence of the carrier, or party in possession (and the burden to prove freedom from such negligence shall be on the carrier or party in possession), the carrier, or party in possession, shall not be liable for loss, damage, or delay occurring while the property is stopped and held in transit upon the request of the shipper, owner or party entitled to make such request, or resulting from a defect or vice in the property, or for country damage to cotton or from riots or strikes.  Except is case of carrier’s negligence, no carrier, or party in possession of all or any of the property herein described, shall be liable for delay caused by highway obstruction, faulty or impassable highway, or lack of capacity of any highway, bridge or ferry, and the burden to prove freedom from such negligence shall be on the carrier, or party in possession.

 

 

 

 

 

 

 

 

 

 

 

For explanation of abbreviations and reference marks, see the last page of this Tariff.

ISSUED:         June 2, 1997                        EFFECTIVE:                        July 1, 1997

ISSUED BY: BARBARA JONES, DIRECTOR OF PRICING

P.O. Box 24348, Seattle, WA 98124          5615 W. Marginal Way S.W., Seattle, WA 98106

                                                                                                                                             File No. 22

TARIFF NO. 100A

ALASKA MARINE LINES, INC.

STB AKMR 100A                                                                                                             Original Page 23

 

                                                                                                  RULES                               ITEM NO.

 

BILL OF LADING – CONTACT TERMS AND CONDITIONS FOR WATER CARRIAGE:  (Continued)                                       365

 

II. Clauses For Back of Bill of Lading:

 

(c)     In case of quarantine, the property may be discharged at risk and expense of owners into quarantine deport, or elsewhere as required by quarantine regulations or authorities, or for the carrier’s dispatch at nearest available point in carrier’s judgement, and in any such case carrier’s responsibility shall cease when property is so discharged, or property may be returned by carrier at owner’s expense to shipping point, earning freight both ways.  Quarantine expenses of whatever nature or kind upon or in respect to property shall be borne by the owners of the property or be a lien thereon.  The carrier shall not be liable for loss or damage occasioned by fumigation or disinfection or other acts required to be done by quarantine regulations or authorities, even though the same may have been done by carrier’s officers, agents or employees, nor for detention, loss or damage of any kind occasioned by quarantine or the enforcement thereof.  Carrier shall not be liable, except in case of negligence, for any mistake or inaccuracy in any information furnished by carrier, its agents or officers, as to quarantine laws or regulations.  The shipper shall hold the carrier harmless from any expense they may incur or damages they may be required to pay, by reason of the introduction of the property covered by this contract into any place against the quarantine laws or regulations in effect at such place.

 

Sec. 2              Transportation, Claims, Cargo Insurance:

 

(a)        Carrier is not bound to transport said property by any particular schedule, train, vehicle or vessel, or in time for any particular market, or otherwise, than with reasonable dispatch.  Carrier shall have the right to forward said property by any carrier or route between point of shipment and the point of destination.

 

(b)        In all cases not prohibited by law, where a lower value than actual value has been represented, in writing, by the shipper, or has been agreed upon, in writing, as the released value of the property as determined by the classification or tariffs, upon which rate is based, such lower value, plus freight charges, if paid, shall be the maximum amount to be recovered, whether or not such loss or damage occurs from negligence of the carrier.

 

(c)        As a condition precedent to recovery, claims must be filed in writing with the receiving or delivering carrier, or carrier issuing this bill of lading, or carrier on whose line the loss, damage, injury or delay occurred, or carrier in possession of the property when the loss, damage, injury or delay occurred, within nine months after delivery of the property (or, in the case of export traffic, within nine months after delivery at port of export) or, in case of failure to make delivery, then within nine months after a reasonable time for delivery has elapsed, and suits shall be instituted against any carrier only within two years and one day from the day when notice, in writing, is giving by the carrier to the claimant that the carrier has disallowed the claim, or any part or parts thereof, specified in the notice.  Where claims are not filed or suits not instituted thereon, in accordance with the foregoing provisions, no carrier hereunder shall be liable, and such claims will not be paid.

 

 

 

 

 

 

 

 

(Continued)

 

For explanation of abbreviations and reference marks, see the last page of this Tariff.

ISSUED:         June 2, 1997                                                                                   EFFECTIVE:                                                July 1, 1997

ISSUED BY: BARBARA JONES, DIRECTOR OF PRICING

P.O. Box 24348, Seattle, WA 98124          5615 W. Marginal Way S.W., Seattle, WA 98106

                                                                                                                                             File No. 23

TARIFF NO. 100A

ALASKA MARINE LINES, INC.

STB AKMR 100A                                                                                                             Original Page 24

 

                                                                                                  RULES                               ITEM NO.

 

BILL OF LADING – CONTRACT TERMS AND CONDITIONS FOR WATER CARRIER:  (Continued)                                  365

 

(d)        Any carrier, or party liable on account of loss of damage to any of said property, shall have the full benefit of any insurance that may have been effected upon or on account of said property, so far as this shall not void the policies or contracts or insurance; PROVIDED, that the carrier reimburse the claimant for any premium paid thereon.

 

 

Sec. 3              Cooperage:

 

Except where such service is required as the result of carrier’s negligence, all property shall be subject to necessary cooperage and baling at owner’s cost.  Each carrier, over whose route cotton or cotton-linters to be transported hereunder, shall have the privilege, at its own cost and risk, of compressing the same for greatest convenience in handling or forwarding, and shall not be held responsible for deviation or unavoidable delays in procuring such compression.  Grain, in bulk, consigned to a point where there is railroad, public or licensed elevator, may (unless otherwise expressly noted here, and then if it is not promptly unloaded) be there delivered and placed with other grain of the same kind and grade without respect to ownership (and prompt notice thereof shall be given to the consignor), and if so delivered shall be subject to a lien for elevator charges, in addition to all other charges hereunder.

 

 

Sec. 4              Delivery, Storage, Sale of Property:

 

(a)        Property not removed by the party entitled to receive it, within the free time (if any) allowed be tariffs lawfully on file (such free time to be computed as therein provided), after notice of the arrival of the property at destination or at the port of export (if intended for export) has been duly sent or given, and after placement of the property for delivery of the property to the party entitled to receive it, has been made may be kept in vessel, vehicle, car, depot, warehouse or place of business of the carrier, subject to the tariff charge for storage and to carrier’s responsibility as a warehouseman, only, at the option of the carrier, may be removed to and stored in a public or licensed warehouse at the point of delivery or other available point or, if no such warehouse is available at point of delivery, or at other available point, then in other available storage facility, at the cost of the owner and there held without liability on the part of the carrier, and subject to a lien for all freight and other lawful charges, including a reasonable charge for storage.  In the event consignee cannot be found at address given for delivery, then, in that event, notice of the placing of such goods in warehouse shall be mailed to the address given for delivery and mailed to any other address given on the bill of lading for notification showing the warehouse in which such property has been placed, subject to the provisions of this paragraph.

 

 

 

 

 

 

 

 

 

 

(Continued)

 

For explanation of abbreviations and reference marks, see the last page of this Tariff.

ISSUED:         June 2, 1997                                                                     EFFECTIVE:                                                              July 1, 1997

ISSUED BY: BARBARA JONES, DIRECTOR OF PRICING

P.O. Box 24348, Seattle, WA 98124          5615 W. Marginal Way S.W., Seattle, WA 98106

                                                                                                                               File No. 24

TARIFF NO. 100A

ALASKA MARINE LINES, INC.

STB AKMR 100A                                                                                               Original Page 25

 

                                                                                                  RULES                 ITEM NO.

 

BILL OF LADING – CONTRACT TERMS AND CONDITIONS FOR WATER CARRIAGE:  (Continued)                              365

 

(b)        Where nonperishable property, which has been transported to destination hereunder, is refused by consignee, or party entitled to receive it, upon tender of delivery to said consignee, or party entitled to receive it, fails to receive or to claim it within 15 days after notice of arrival shall have been duly sent or given, the carrier may sell the same at public auction to the highest bidder, at such place as may be designated by the carrier.

 

PROVIDED, that the carrier shall have first mailed, sent or given to the consignor notice that the property has been refused or remains unclaimed, as the case may be, and that it will be subject to sale, under the terms of the bill of lading, if disposition be not arranged for, and shall have published notice containing a description of the property, the name of the party to whom consigned, or, if shipped order notify, the name of the party to be notified, and the time and place of sale, once a week for two successive weeks, in a newspaper of general circulation, at the place of sale or nearest place where such newspaper is published; PROVIDED, that 30 days shall have elapsed before publication of notice of sale after said notice that the property was refused or remains unclaimed was mailed, sent or given.

 

(c)        Where perishable property, which has been transported hereunder to destination, is refused by consignee or party entitled to receive it, upon tender of delivery, or said consignee, or party entitled to receive it, shall fail to receive it promptly, the carrier may, in its discretion, to prevent deterioration of further deterioration, sell the same to the best advantage at private or public sale; PROVIDED, that if time serves for the notification to the consignor or owner of the refusal of the property or the failure to receive it and request for disposition of the property, such notification shall be given, in such manner as the exercise of due diligence requires, before the property is sold.

 

(d)        Where the procedure, provided for in the two paragraphs last preceding, is not possible, it is agreed that nothing contained in said paragraphs shall be construed to abridge the right of the carrier at its option to sell the property under such circumstances and in such manner as may be authorized by law.

 

(e)        The proceeds of any sales made under this section shall be applied by the carrier to the payment of freight, demurrage, storage, and any other lawful charges and the expense of notice, advertisement, sale and other necessary expenses and of caring for and maintaining the property, if proper care of same required special expense, and should there be a balance, it shall be paid to the owner of the property sold hereunder.

 

(f)         Property destined to or taken from a station, wharf, landing or other place, at which there is no regularly appointed freight agent, shall be entirely at the risk of owner, after unloaded from cars, vehicles or vessels, or until loaded into cars, vehicles or vessels, and , except in case of carrier’s negligence, when received from or delivered to such station, wharf, landing or other place, shall be at owner’s risk, until the cars are attached to and after they are detached from locomotive or train or until loaded into and after unloaded from vessels, or if property is transported in motor vehicle trailers or semi-trailers, until such trailers or semi-trailers are attached to and after they are detached from power units,  Where a carrier is directed to unload or to deliver property transported by motor vehicle at a particular location, where consignee, or consignee’s agent, is not regularly located, the risk after unloading or delivery shall be that of the owner.

 

 

 

 

 

 

 

For explanation of abbreviations and reference marks, see the last page of this Tariff.

ISSUED:         June 2, 1997                                                                                   EFFECTIVE:                                                July 1, 1997

ISSUED BY: BARBARA JONES, DIRECTOR OF PRICING

P.O. Box 24348, Seattle, WA 98124          5615 W. Marginal Way S.W., Seattle, WA 98106

                                                                                                                                             File No. 25

TARIFF NO. 100A

ALASKA MARINE LINES, INC.

STB AKMR 100A                                                                                                             Original Page 26

 

                                                                                                  RULES                               ITEM NO.

 

BILL OF LADING – CONTRACT TERMS AND CONDITIONS FOR WATER CARRIAGE:  (Continued)                              365

 

Sec. 5              Valuable Property:

 

Carrier shall not be required to carry or to be liable in any way for any documents or for any articles of extraordinary value, not specifically rated in the published classification or tariffs, unless a special agreement to do so and a stipulated value of the articles, are endorsed on the face of this bill of lading.

 

Sec. 6              Explosives:

 

Every party whether principal or agent, shipping explosives of dangerous goods, without previous full written disclosure to the carrier of their nature, shall be liable for and indemnify the carrier against all loss of damage caused by such goods, and such goods may be warehoused at owner’s risk and expense or destroyed, without compensation.

 

Sec. 7              Freight and Average:

 

(a)        The owner or consignee shall pay the freight and average, if any, and all other lawful charges accruing on said property, according to lawfully filed tariffs of the carrier.  The consignor or shipper shall be jointly and severally liable for the freight and all other lawful charges, except that if the consignor stipulates in the space provided for that purpose on the face of this bill of lading that the carrier shall make delivery without requiring payment of such charges and the carrier, contrary to such stipulation, shall make delivery without requiring such payment, the consignor (except as hereinafter provided) shall not be liable for such charges; PROVIDED, that where the carrier has beneficial title and, in the case of shipment reconsigned or diverted to a consignee other than the shipper or consignor, such consignee shall not be legally liable for transportation charges in respect of the transportation of said property (beyond those billed against him at the time of delivery, for which he is otherwise liable), which may be found to be due after the property has been delivered to him if the consignee (1) is an agent only and has no beneficial title in said property and (2) prior to delivery of said property has notified the delivering carrier in writing of the fact of such agency and absence of beneficial title and , in the case of a shipment reconsigned or diverted to a point other than that specified in the original bill of lading, has also notified the delivering carrier, in writing, of the name and address of the beneficial owner of said property, and in such cases the shipper or consignor, or in the case of a shipment so reconsigned or diverted, the beneficial owner shall be liable for such additional freight charges, if the consignee has given to the carrier erroneous information as to who the beneficial owner is, such consignee shall himself be liable for such additional charges.  Nothing herein shall limit the right of the carrier to require, at time of shipment, the prepayment or guarantee of the charges.  If, upon inspection, it is ascertained that the articles shipped are not those described in the bill of lading, the proper freight charges must be paid upon the articles actually shipped, in accordance with the carrier’s tariff.

 

(b)        Except in those instances where it may lawfully be authorized to do so, no carrier shall deliver or relinquish possession at destination of the property covered by this bill of lading until all lawfully filed tariff rates and charges thereon have been paid.

 

 

 

 

 

 

 

For explanation of abbreviations and reference marks, see the last page of this Tariff.

ISSUED:         June 2, 1997                                                                     EFFECTIVE:                                                              July 1, 1997

ISSUED BY: BARBARA JONES, DIRECTOR OF PRICING

P.O. Box 24348, Seattle, WA 98124          5615 W. Marginal Way S.W., Seattle, WA 98106

                                                                                                                               File No. 26

TARIFF NO. 100A

ALASKA MARINE LINES, INC.

STB AKMR 100A                                                                                               Original Page 27

 

                                                                                                  RULES                 ITEM NO.

 

Sec. 8              Bill of Lading Substitution:

 

If this bill of lading is issued on the order of the shipper, or his agent, in exchange or in substitution for another bill of lading, the shipper’s signature to the prior bill of lading as to the statement of value, or otherwise, or election of common law of bill of lading liability, in or in connection with such prior bill of lading shall be considered a part of this bill of lading, as fully as if the same were written or made in or in connection with this bill of lading.

 

Sec. 9              Water Carriage:

 

(a)        If all or any part of said property is carried by water , over any part of said route, such water carriage shall be performed subject to all the terms and provisions of, and all the exemptions from liability contained in, the Harter Act of Congress of the United States, approved on February 13, 1893, and entitled “An Act Relating to the Navigation of Vessels, Etc.”, and of other statutes of the United States, according carriers by water, the protection of limited liability, including the Fire Statute and the Limited Liability Act, and to the terms and conditions of this bill of lading, not inconsistent therewith or with this section.

 

(b)        No such carrier by water shall be liable for any loss or damage resulting from any fire happening to or on board the vessel, or from explosion, bursting of boilers or breakage of shafts, unless caused by the design or neglect of such carrier.

 

(c)        If the owner shall have exercised due diligence in making the vessel in all respects seaworthy and properly manned, equipped, and supplied, no such carrier shall be liable for any loss or damage resulting from the perils of the lakes, seas or other waters, or from latent defects in hull, machinery, or appurtenances, whether existing prior to, at the time of, or after sailing, or from collision, stranding or other accidents of navigation or from prolongation of the voyage.  And when, for any reason, it is necessary, any vessel carrying any or all of the property herein described shall be at liberty to call at any port or ports, in or out of the customary route, to tow and be towed, to tow or to be towed in tandem barges, to transfer, transship or lighter, to load and discharge goods at any time, to assist vessels in distress, to deviate for the purpose of saving life or property, for docking and repairs, or for other reasonable purposes.  Except in case of negligence, such carrier shall not be responsible for any loss or damage to property, if it be necessary, customary or is usual to carry the same upon deck.  Under no circumstances shall carrier be responsible for any consequential loss or damages of whatsoever nature and from whatsoever cause.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(Continued)

 

For explanation of abbreviations and reference marks, see the last page of this Tariff.

ISSUED:         June 2, 1997                                                                                   EFFECTIVE:                                                July 1, 1997

ISSUED BY: BARBARA JONES, DIRECTOR OF PRICING

P.O. Box 24348, Seattle, WA 98124          5615 W. Marginal Way S.W., Seattle, WA 98106

                                                                                                                                             File No. 27

TARIFF NO. 100A

ALASKA MARINE LINES, INC.

STB AKMR 100A                                                                                                             Original Page 28

 

                                                                                                  RULES                               ITEM NO.

 

BILL OF LADING – CONTRACT TERMS AND CONDITIONS FOR WATER CARRIAGE:  (Continued)                              365

 

(d)        General Average shall be payable according to the York-Antwerp Rules of 1924, Section 1 to 15, inclusive, and Section 17 to 22, inclusive, and as to matters not covered thereby, according to laws and usages of the Port of New York.  If the carrier shall have exercised due diligence to make the vessel in all respects seaworthy and properly manned, equipped and supplied, it is hereby agreed that, in case of danger, damage or disaster, resulting from faults of errors in navigation, or in the management of the vessel, or from any latent or other defects in the vessel, her machinery or appurtenances, or from unseaworthiness, whether existing at the time of shipment or at the beginning of the voyage (providing the latent or other defects or the unseaworthiness was not discoverable by the exercise of due diligence), the shippers, consignees and/or owner of the cargo shall nevertheless pay salvage and any special charges incurred in respect of the cargo, and shall contribute with the carrier in general average nature that may be made or incurred for the common benefit or to relieve the adventure from any common peril.

 

(e)        If the property is being carried under a tariff, which provides that any carrier or carriers party hereto shall be liable for loss from perils of the sea, then as to such carrier or carriers the provisions of this section shall be modified in accordance with the tariff provisions, which shall be regarded as incorporated into the conditions of this bill of lading.

 

(f)         The term “Water Carriage”, in this section, shall not be construed as including lighterage in or across rivers, harbors, or lakes when performed by or on behalf of carriers other than water carriers.

 

 

Sec. 10            Alterations and Interpretation:

 

(a)        Any alteration, addition or erasure in this bill of lading which shall be made without the special notation hereon of the agent of the carrier issuing this bill of lading shall be without effect, and this bill of lading shall be enforceable according to its original tenor.

 

(b)        Any provision of this bill of lading found to be prohibited by law shall be ineffective to the extent of such prohibition, without invalidating the rest of the bill of lading provisions.