Congenbill 2016
Congenbill 2016
Congenbill 2016
Consignee Vessel
FREIGHT ADVANCE IN WITNESS whereof the Master or Owner or Charterer or Agent of the said vessel has signed the number of
Bills of Lading indicated below all of this tenor and date, any one of which being accomplished the others shall
Received on account of freight: be void.
FOR CONDITIONS OF CARRIAGE SEE PAGE 2
Date shipped on board Place and date of issue Number of original
Bills of Lading
Sa
Signature:……………………………………………….….………......(Master*/Agent*/Owner*/Charterer*)
*Delete as appropriate
If signed by an Agent indicate with a tick ☒ whether for and on behalf of:
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☐ Master; or
☐Owner ………………………………………………………………(insert name); or
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Copyright © 2016 BIMCO. All rights reserved. Any unauthorised copying, duplication, reproduction or distribution of this BIMCO SmartCon document will constitute an infringement of BIMCO’s
copyright.
v 1.1. Dated 30 May 2016. Clause 3 (General Average) updated to refer to York-Antwerp Rules 2016.
CONGENBILL 2016
BILL OF LADING
To be used with charter parties
Page 2
Conditions of Carriage
(1) All terms and conditions, liberties and exceptions of the Charter Party, dated as overleaf, including the Law and Arbitration Clause/Dispute Resolution Clause,
are herewith incorporated.
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 cargo, shippers, consignees
or the owners of the cargo 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 cargo. If a salving vessel is owned or operated by the
Carrier, salvage shall be paid for as fully as if the said salving vessel or vessels belonged to strangers. Such deposit as the Carrier, or its agents, may deem
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sufficient to cover the estimated contribution of the goods and any salvage and special charges thereon shall, if required, be made by the cargo, shippers,
consignees or owners of the goods to the Carrier before delivery.
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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 vessel 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 payable by the other or non-carrying vessel or her owners to the owners of said cargo and set-off, recouped or
co
recovered by the other or non-carrying vessel or her owners as part of their claim against the carrying Vessel or the Carrier.
The foregoing provisions shall also apply where the owners, operators or those in charge of any vessel or vessels or objects other than, or in addition to, the
colliding vessels or objects are at fault in respect of a collision or contact.
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(6) International Group of P&I Clubs/BIMCO Himalaya Clause for bills of lading and other contracts 2014
(a) For the purposes of this contract, the term “Servant” shall include the owners, managers, and operators of vessels (other than the Carrier); underlying carriers;
stevedores and terminal operators; and any direct or indirect servant, agent, or subcontractor (including their own subcontractors), or any other party
employed by or on behalf of the Carrier, or whose services or equipment have been used to perform this contract whether in direct contractual privity with the
Carrier or not.
(b) It is hereby expressly agreed that no Servant shall in any circumstances whatsoever be under any liability whatsoever to the shipper, consignee, receiver,
holder, or other party to this contract (hereinafter termed “Merchant”) for any loss, damage or delay of whatsoever kind arising or resulting directly or
indirectly from any act, neglect or default on the Servant’s part while acting in the course of or in connection with the performance of this contract.
(c) Without prejudice to the generality of the foregoing provisions in this clause, every exemption, limitation, condition and liberty contained herein (other than
Art III Rule 8 of the Hague/Hague-Visby Rules if incorporated herein) and every right, exemption from liability, defence and immunity of whatsoever nature
applicable to the carrier or to which the carrier is entitled hereunder including the right to enforce any jurisdiction or arbitration provision contained herein
shall also be available and shall extend to every such Servant of the carrier, who shall be entitled to enforce the same against the Merchant.
(d)
(i) The Merchant undertakes that no claim or allegation whether arising in contract, bailment, tort or otherwise shall be made against any Servant of
the carrier which imposes or attempts to impose upon any of them or any vessel owned or chartered by any of them any liability whatsoever in
connection with this contract whether or not arising out of negligence on the part of such Servant. The Servant shall also be entitled to enforce the
foregoing covenant against the Merchant; and
(ii) The Merchant undertakes that if any such claim or allegation should nevertheless be made, it will indemnify the carrier against all consequences
thereof.
(e) For the purpose of sub-paragraphs (a)-(d) of this clause the Carrier is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of all
persons mentioned in sub-clause (a) above who are its Servant and all such persons shall to this extent be or be deemed to be parties to this contract.
Copyright © 2016 BIMCO. All rights reserved. Any unauthorised copying, duplication, reproduction or distribution of this BIMCO SmartCon document will constitute an infringement of BIMCO’s
copyright.
v 1.1. Dated 30 May 2016. Clause 3 (General Average) updated to refer to York-Antwerp Rules 2016.