HBL Draft - Kineto

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Shipper Reg.

No: 26185262
BL No: 7356201
Cold Jet Aps
Industrivej 68
6740 Bramming
Denmark

Consignee

PT. Kineto Globaling


RUKO PARADISE TIMUR RAYA BLOK G2/7, SUNTER AGUNG,
TANJUNG PRIOK, Kota Adm
14350 Jakarta
Indonesia
1st Notify
Att: rosi.oktaviana Blue Water Shipping A/S
PT. Kineto Globaling Email(s): 6700 Esbjerg, Denmark
rosi.oktaviana@ki Tel: +45 7913 4144, E-mail: [email protected]
RUKO PARADISE TIMUR RAYA BLOK G2/7, SUNTER AGUNG,
TANJUNG PRIOK, Kota Adm netoglobaling.co
14350 Jakarta m
Indonesia Phone:
+4541999013
Precarriage by Place of receipt

Bramming
Vessel / Voyage Port of loading

CSCL STAR 076E Hamburg


Port of discharge Place of delivery

Jakarta, Java Jakarta WAYBILL


Marks and numbers Number and kind of packages Description of goods Gross/Net weight Volume

LCL stowed into 40' HC Dry, S.T.C.


Seal: MD360577
PT. Kineto Globaling / 2 Packages Recovery unit, RE 160 UNI, 400 VAC 2350,000 Gross Kgs 13,790 Cbm
CJ-CORP PO Felix indra
with completed accessories in wooden crate
SOA5712
HS: 841960.00

Shipped on board CSCL STAR 076E


From Hamburg on 02. Jan. 2023
Shippers weight and count

Taken in charge in apparent good order and condition, unless otherwise noted herein, at the place of receipt and delivery as mentioned above. One of these multimodal transport
bills of lading must be surrendered duly endorsed in exchange for the goods. In witness whereof the original multimodal transport Bills of Lading of this tenor and date have been
signed in the number stated below, one of which accomplished the other(s) to be void
Freight amount Freight payable at Place and date of issue

Esbjerg, 02. Jan. 2023


Terms Number of Original FBL's Signature

CPT Jakarta 0/NILL


For the delivery of goods please apply to:
Pt. Sarana Allport Indonesia
Puri Sentra Niaga Blok A20
Jatiwaringin Kaimalang
13620 Jakarta, Indonesia
as carrier
BLUE WATER SHIPPING MULTI MODAL TRANSPORT BILL OF LADING
Definitions 9. Applicability to Actions in Tort
- “Carrier” means the Blue Water Shipping entity specified as carrier at the face of this Bill of Lading. These conditions apply to all claims against the Carrier relating to the performance of the contract evidenced by this Bill of Lading, whether the claim is founded
- “Merchant” means and includes the Shipper, the Consignee the Holder of this Bill of Lading, the Receiver and the Owner of the Goods. in contract or in tort.
- “Shipper” means the person who concludes the multi modal transport contract with the Carrier.
- “Consignee” means the person entitled to receive the goods from the Carrier. 10. Liability of Servants and other Persons
- “Period of custody” means the time from when the Carrier has taken actual or constructive possession of the goods, whereby the goods have been 10.1. These conditions apply whenever claims relating to the performance of the contract evidenced by this Bill of Lading are made against any servant, agent or
handed over to and accepted for carriage by the Carrier at the place of receipt evidenced in this Bill of Lading, until the goods has been delivered at the other person engaged by Carrier or its agents (including any independent contractor whose services have been used in order to perform the contract),
place of delivery specified in this Bill of Lading. whether such claims are founded in contract or In tort, and the aggregate liability of the Carrier and of such servants, agents or other persons shalt not exceed
- “Goods” means any property including live animals as well as containers, pallets or similar articles of transport or packaging not supplied by the Carrier the limits in clause 8.
irrespective of whether such property Is to be or is carried on or under deck. 10.2. In entering into this contract as evidenced by this Bill of Lading the Carrier to the extent of these provisions,does not only act on his own behalf, but also as
- “SDR” means Special Drawing Rights as defined by the International Monetary Fund and applied by the SDR Protocol (1979). agent or trustee for such persons, and such persons shall to this extent be or be deemed to be parties to this contract.
10.3. However, if it Is proved that the loss of or such loss or damage to the goods resulted from a personal act or omission or such a person referred to In Clause
1. Applicability 10.1., done with intent to cause damage, or recklessly and with knowledge that damage would probably result, such person shall not be entitled to benefit of
Notwithstanding the heading Blue Water Shipping Multimodal Transport Bill of Lading these conditions shall also apply if only one mode of transport is limitation of liability provided for in Clause 8.
used. 10.4. The aggregate of the amounts recoverable from the Carrier and the persons referred to in clauses 2.2. and 10.1.shall not exceed the limits provided for in
these conditions.
2. Issuance of this Bill of Lading
2.1. By Issuance of this Bill of Lading the Carrier: 11. Method and Route of Transportation
a) undertakes to perform and/or in his own name to procure the performance of the entire transport, from the place of receipt as specified in this Bill of Without notice to the Merchant, the Carrier has the liberty to carry the goods on or under deck and to choose or substitute the means, route and procedure to
Lading to the place of delivery designated in this Bill of Lading; be followed in the handling, stowage, storage and transportation of the goods.
b) assumes liability as set out in these conditions.
2.2. Subject to the conditions of this Bill of Lading the Carrier shall be responsible for the acts and omissions of his servants or agents acting within the 12. Delivery
scope of their employment, or any other person of whose services he makes use for the performance of the contract evidenced by this Bill of 12.1. Goods shall be deemed to be delivered when they have been handed over or placed at the disposal of the Consignee or his agent in accordance with this Bill
Lading, as if such acts and omissions were his own. of Lading, or when the goods have been handed over to any authority or other party to whom, pursuant to the law or regulation applicable at the place of
delivery, the goods must be handed over, or such other place at which the Carrier is entitled to call upon the Merchant to take delivery.
3. Negotiability and title to the goods 12.2. The Carrier shall also be entitled to store the goods at the sole risk of the Merchant, and the Carrier´s liability shall cease, and the cost of such storage shall be
3.1. This Bill of Lading is issued in a non-negotiable form unless it is marked “negotiable”. Carrier is entitled to release goods to Consignee or notify party paid, upon demand, by the Merchant to the Carrier
stated in this Bill of Lading at the place of delivery. 12.3. If at any time the carriage under this Bill of Lading is or is likely to be affected by any hindrance or risk of any kind (including but not limited to the condition of the
3.2 If this Bill of Lading is marked as negotiable, it shall constitute title to the goods, and the holder by endorsement of this Bill of Lading, shall be entitled to goods or demands for payment falling under clause 14) not arising from any fault or neglect of the Carrier or a person referred to in Clause 2.2. and which
receive or to transfer the goods herein mentioned. cannot be avoided by the exercise of reasonable endeavours the Carrier may abandon the carriage of the goods under this Bill of Lading and,where
3.3. The information in this Bill of Lading shall be prima facie evidence of the taking in charge by the Carrier of the goods as described by such reasonably possible, place the goods or any part of them at the Merchant's disposal at any place which the Carrier may deem safe and convenient,
information unless a contrary indication, such as shipper's weight, load and count-, shipper-packed container or similar expressions, has been whereupon delivery shall be deemed to have been made, and the responsibility of the Carrier in respect of such goods shall cease. In any event, the Carrier
made in the printed text or superimposed on this Bill of Lading However, proof to the contrary shall not be admissible when the Bill of Lading has been shall be entitled to full freight under this Bill of Lading and the .Merchant shall pay any additional costs resulting from the above mentioned circumstances.
transferred to the consignee for valuable consideration who in good faith has relied and acted thereon.
13. Freight and Charges
4. Dangerous Goods and Indemnity 13.1. Freight shall be paid in cash, without any reduction or deferment on account of any claim, counter- claim or set-off, whether prepaid or payable at destination.
4.1. The Merchant shall comply with rules which are mandatory according to the national law or by reason of International Convention, relating to the Freight shall be considered as earned by the Carrier at the moment when the goods have been taken in his custody, and not to be returned in any event.
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 13.2. Freight and all other amounts mentioned in this Bill of Lading are to be paid in the currency named In this Bill of Lading or, at the Carrier`s option, in the currency
dangerous nature are taken ln charge by the Carrier and indicate to him, if need be, the precautions to be taken. of the country of dispatch or destination at the highest rate of exchange for bankers sight bills current for prepaid freight on the day of dispatch and for freight
4.2. If the Merchant fails to provide such Information and the Carrier is unaware of the dangerous nature of the goods and the necessary precautions to payable at destination on the day when the Merchant is notified on arrival of the goods there or on the dale of withdrawal of the delivery order, whichever rate is
be taken and If, at any time, they are deemed to be a hazard to life or property, they may at any place be unloaded, destroyed or rendered harmless, the higher, or at the option of the Carrier on the date of this Bill of Lading
as circumstances may require, without compensation. The Merchant shall Indemnify the Carrier against all loss, damage, liability, or expense 13.3. All dues, taxes and charges, including but not limited to demurrage, detention, storage,handling and port charges, or other expenses in connection with the
arising out of their being taken In charge, or their carriage, or of any service Incidental thereto. The burden of proving that the Carrier knew the exact goods shall be paid by the Merchant.
nature of the danger constituted by the carriage of the said goods shall rest on the Merchant. 13.4. The Merchant shall reimburse the Carrier in proportion to the amount of freight for any costs for deviation or delay or any other increase of costs of whatever
4.3. If any goods shall become a danger to life or property, they may in like manner be unloaded or landed at any place or destroyed or rendered nature caused by war, warlike operations, epidemics, strikes, government directions or force majeure.
harmless. If such danger was not caused by the fault and neglect of the Carrier he shall have no liability and the Merchant shall indemnify him 13.5. The Merchant warrants the correctness of the declaration of contents, insurance, weight, measurements or value of the goods but the Carrier and his
against all loss, damage, liability and expense arising therefrom. servants have the liberty to have the contents inspected and the weigh!, measurements or value verified. If on such inspection it is found that the declaration is
not correct it is agreed that a sum equal to the actual inspection cost plus two times the difference between the correct figure and the freight charged shall be
5. Description of Goods and Merchant's Packing and Inspection payable as liquidated damages to the Carrier for his inspection costs and tosses of freight on other goods notwithstanding any other sum having been stated
5.1. 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 all on this Bill of Lading as freight payable.
particulars relating to the general nature of the goods, their marks, number, weight, volume and quantity and, if applicable, to the dangerous 13.6. Despite the acceptance by the Carrier of instructions to collect freight, charges or other expenses from any other person in respect of the transport under this
character of the goods, as furnished by him or on his behalf for insertion on the Bill of Lading. The Shipper shall indemnify Carrier against all loss, Bill of Lading, the Merchant shall remain responsible for such monies on receipt of evidence of demand and the absence of payment for whatever reason.
damage and expense resulting from any inaccuracy or inadequacy of such particulars. The Shipper shall remain liable even if the Bill of Lading has
been transferred by him. The right of the Carrier to such an indemnity shall in no way limit his liability under this Bill of Lading to any person other than 14. Deck Cargo
the Merchant. The Carrier has the right to carry the goods in any container under or on deck. Carrier is not required to note “on deck stowage” or similar on the face of this
5.2. The Carrier shall not be liable for any loss, damage or expense caused by defective or insufficient packing of goods or by inadequate loading or Bill of Lading and goods so carried shall constitute under deck stowage for all purposes including General Average. Except as otherwise provided by any
packing within containers or other transport units when such loading or packing has been performed by the Merchant or on his behalf by a person applicable law to the contract evidenced by this Bill of Lading, if the Bill of Lading states that the cargo is stowed on deck, then Carrier shall not be liable for any
other than the Carrier or by the defect or unsuitability of the containers or other transport units supplied by the Merchant, or if supplied by the Freight non-delivery, mis-delivery, damage, loss or delay of goods carried on deck, whether or not caused by Carrier’s negligence or the vessel’s
Forwarder if a defect or unsuitability of the container or other transport unit would have been apparent upon reasonable inspection by the Merchant. unseaworthiness.
The Merchant shall indemnify the Carrier against all loss, damage, liability and expense so caused.
15. Perishable Cargo
6. Carrier´s Liability 15.1. Goods of a perishable nature shall be carried without special protection, services or other measures unless there is noted on the face of this Bill of Lading that
6.1. The responsibility of Carrier for the goods under these conditions covers the period of custody. the goods will be carried in a refrigerated, heated, electrically ventilated or otherwise specially equipped container or are to receive special attention in any
6.2. The Carrier shall be liable for loss of or damage to the goods as well as for delay in delivery if the occurrence which caused the loss,damage or way. Carrier shall not be liable for any loss of or damage to goods in a special hold or container arising from latent defects,breakdown, or stoppage of the
delay in delivery took place while the goods were in his custody as defined Ii Clause 2.1.a,unless the Carrier proves that no fault or neglect of his refrigeration, ventilation or heating machinery, insulation, vessel’s plant, or other such apparatus of the vessel or container, provided that Carrier shall before
own, his servants or agents or any other person referred to in Clause 2.2. has caused or contributed to such loss, damage or delay. However, the or at the beginning of the transport exercise due diligence to maintain the special gold or container in an efficient state.
Carrier shall only be liable for loss following from delay in delivery if the Shipper has made a declaration of interest in timely delivery which has been 15.2. Merchant undertakes not to tender for transportation any goods, which require refrigeration without giving written notice of their nature and the required
accepted by the Carrier and stated in this Bill of Lading. temperature setting of the thermostatic controls before receipt of the goods by Carrier. In case of refrigerated containers packed by or on behalf of Merchant,
6.3. Arrival times are not guaranteed by the Carrier. However, delay in delivery occurs when the goods have not been delivered within the time Merchant warrants that the goods have been properly stowed in the container and that the thermostatic controls have been adequately set before receipt of
expressly agreed upon or, in the absence of such agreement, within the time which would be reasonable to require of a diligent Carrier,having the goods by Carrier.
regard to the circumstances of the case. 15.3. Merchant’s attention is drawn to the fact that refrigerated containers are not designed to freeze down cargos which have not been presented for stuffing at or
6.4. If the goods have not been delivered within ninety consecutive days following such date of delivery as determined in Clause 6.3., the claimant may, below its designated carrying temperature. Carrier shall not be responsible for the consequences of cargo tendered at a higher temperature than that
in the absence of evidence of the contrary, treat the goods as lost. required for the transportation.
6.5. When the Carrier establishes that, in the circumstances of the case, the loss or damage could be attributed to one or more causes or events, 15.4 If the above requirements are not complied with, Carrier shall not be liable for any loss of or damage to the goods whatsoever.
specified in a - e of the present clause, it shall be presumed that it was so caused, always provided, however, that the claimant shall be entitled to
prove that the loss or damage was not, in fact, caused wholly or partly by one or more of such causes or events: 16. Anti-Corruption
a) an act or omission of the Merchant, or person other than the Carrier acting on behalf of the Merchant or from whom the Carrier took the goods In The Carrier is not under any circumstances obliged to make payments to any official, any contractor or sub-contractor engaged by or acting on behalf of
charge; Carrier or any other third party, if it appears that such payment would breach any applicable anti-corruption legislation. The Carrier shall not be responsible for
b) insufficiency or defective condition of the packaging or marks and/or numbers; any damage, including loss of, damage to or delay of the Goods, which is the result of the Carrier refusing to make said payments. If the Merchant fails to comply
c) handling, loading, stowage or unloading of the goods by the Merchant or any person acting on behalf of the Merchant; with any applicable anti-corruption legislation it shall defend and indemnify the Carrier against any fine, penalty, liability,loss or damage and for any related
d) Inherent vice of the goods: costs (including, without limitation, court costs and legal fees) arising from such breach.
e) strike, lockout, stoppage or restrain of labour.
6.6. Defences for carriage by sea or inland waterways 17. Lien
Notwithstanding clause 6.2., 6.3. and 6.4., the Carrier shall not be liable for loss, damage or delay in delivery with respect to goods carried by sea or The Carrier shall have a lien on the goods and any documents relating thereto for any amount due at any time to the Carrier from the Merchant including any
Inland waterways when such loss, damage or delay during such carriage has been caused by: amount due in connection with prior shipments, storage fees and the cost of recovering same, and may enforce such lien in any reasonable manner which he
a) act, neglect, or default of the master, mariner, pilot or the servants of the carrier in the navigation or in the management of the ship, may think fit, including the power of sale in order to sell the goods to cover any amount due.
b) Fire, unless caused by the actual fault or privity of the carrier, however, always provided that whenever loss or damage has resulted from
unseaworthiness of the ship, the Carrier can prove that due diligence has been exercised to make the ship seaworthy at the commencement of the 18. SOLAS Weight Certification
voyage. Shipper acknowledges that it is required to provide verified weights obtained on calibrated, certified equipment for all cargo that is to be tendered to steamship
lines. Shipper agrees that Carrier is entitled to rely on the accuracy of such weights and to counter-sign or endorse it as Carrier’s own certified weight to the
7. Paramount Clauses steamship line carrying the cargo. Shipper and any other party acting on behalf of Shipper agree that they shall indemnify and hold the Carrier harmless from
7.1. These conditions shall only take effect to the extent that they are not contrary to the mandatory provisions of International Conventions or national any and all claims, losses, penalties or other costs resulting from any incorrect or questionable verification of the weight provided by Shipper or its agent or
law applicable to the contract evidenced by this Bill of Lading. contractor on which the Carrier relies.
7.2. The Hague Rules contained In the International Convention for the unification of certain rules relating to Bills of Lading, dated Brussels 25th August
1924, or in those countries where they are already in force the Hague-Visby Rules contained in the Protocol of Brussels, dated 23rd February 19. Carriers’ Tariffs
1968, as enacted In the Country of Shipment, shall apply to all carriage of goods by sea and also to the carriage of goods by Inland waterways, and The Goods carried under this Bill of Lading are also subject to all the terms and conditions and conditions of tariff(s) published pursuant to the regulations of the
such provisions shall apply to all goods whether carried on deck or under deck. United States Federal Maritime Commission or any other regulatory agency which governs a particular portion of the carriage and the terms are incorporated
7.3. All carriage under this Bill of Lading to, from or within the United States of America, whether on deck or below deck and including any inland portion herein as part of the terms and conditions of this Bill of Lading. Copies of Carriers’ tariffs may be obtained from the Carrier or its agents.
thereof, shall be governed by the Carriage of Goods by Sea Act of the United States.
20. Both-to-blame Collision
8. Limitation of Carrier’s Liability If during any sea carriage, the vessel comes into collision with another vessel as a result of negligence of the other vessel and any negligence or fault on the
8.1. Assessment of compensation for loss of or damage to the goods shall be made by reference to the value of such goods at the place and time they part of Carrier or its servants or subcontractors, Merchant shall indemnify Carrier against all loss and liability to the other or non-carrying vessel or her
are delivered to the consignee or at the place and time when, in accordance with this Bill of Lading, they should have been so delivered. owners, insofar as such loss or liability represents loss of, or damage to, or any claim whatsoever of Merchant paid or payable by the other or non-carrying
8.2. The value of the goods shall be determined according to the current commodity exchange price or, if there is no such price, according to the current vessel or her owners to Merchant and set-off, recouped or recovered by the other or non-carrying vessel or her owners as part of their claim against the
market price or, ii there are no such prices, by reference to the normal value of goods of the same name and quality. carrying vessel or her owners. The provision shall apply as well where the owners, operators or those in charge of any vessel or objects other than, or in
8.3. Subject to the provisions of sub-clauses 8.4. through 8.9. inclusive, the Carrier shall in no event be or become liable for any loss of or damage to the addition to, the colliding vessels or objects are at fault with respect to a collision or contact.
goods in an amount exceeding the equivalent of 666.67 SDR per package or unit or 2 SDR per kilogramme of gross weight of the goods lost or
damaged, whichever is the higher, unless the nature and value of the goods shall have been declared by the Shipper and accepted by the Carrier 21. General Average
before the goods have been taken in his charge, or the ad valorem freight rate paid, and such value is stated in the Bill of Lading by him, then such The Merchant shall Indemnify the Carrier in respect of any claims of a General Average nature which may be made on him and shall provide such security as
declared value shall be the limit. may be required by the Carrier in this connection.
8.4. Where a container, pallet or similar article of transport is loaded with more than one package or unit, the packages or other shipping units
enumerated in the Bill of Lading as packed in such article of transport are deemed packages or shipping units. Except as aforesaid, such article of 22. Notice
transport shall be considered the package or unit. 22.1. Unless notice of loss of or damage to the goods, specifying the general nature of such loss or damage, is given in writing by the consignee to the Carrier when
8.5. Notwithstanding the above mentioned provisions, if the multimodal transport does not, according to the contract, include carriage of goods by sea or the goods are delivered to the consignee in accordance with clause 12, such handing over is prima facie evidence of the delivery by the Carrier of the goods
by Inland waterways, the Ii ability of the Carrier shall be limited to an amount not exceeding 2 SDR per kilogramme of gross weight of the goods lost or as described in this Bill of Lading
damaged. 22.2. Where the loss or damage is not apparent, the same prim a facie effect shall apply if notice in writing is not given within 3 consecutive days after the day when
8.6. the goods were delivered to the consignee in accordance with clause 12.
a) When the loss of or damage to the goods occurred during one particular stage of the multi modal transport, in respect of which an applicable
International convention or mandatory national law or commonly used condition would have provided another limit of liability if a separate contract of 23. Time bar
carriage had been made for that particular stage of transport, then the limit of the Carrier´s liability for such loss or damage shall be determined by The Carrier shall, unless otherwise expressly agreed, be discharged of all liability under these conditions unless suit is brought within nine (9)months alter
reference to the provisions of such convention or mandatory national law or commonly used condition.. the delivery of the goods, or the date when the goods should have been delivered, or the date when in accordance with clause 6.4. failure to deliver the goods
b) Notwithstanding clause 8.6 a), for inland carriage subject to COGSA pursuant to clause 7.3., the liability of the Carrier shall not exceed US$ 500 per would give the consignee the right to treat the goods as lost.
package or, in the case of goods not shipped in packages, per customary freight unit, unless the nature and value of the goods have been declared
by the Merchant and inserted in this Bill of Lading, and the applicable ad valorem freight rate paid. 24. Partial invalidity
8.7. If the Carrier is liable in respect of loss following from delay in delivery, or consequential loss or damage other than loss of or damage to the goods, If any clause or a part thereof is held to be invalid, the validity of this Bill of Lading and the remaining clauses or a part thereof shall not be affected.
the liability of the Carrier shall be limited to an amount not exceeding the equivalent of freight payable under the multi modal contract for the multimodal
transport under this Bill of Lading. Notwithstanding the above the Carrier´s liability shall in no event exceed SDR 10,000. 25. Jurisdiction and applicable law
8.8. The aggregate liability of the Carrier shall not exceed the limits of liability for total loss of the goods. Actions against the Carrier may be instituted only in the place where the Carrier has his registered place of business as stated on the reverse of this Bill of
8.9. The Carrier is not entitled to the benefit of the limitation of liability if itis proved that the toss, damage or delay In delivery resulted from a personal act or Lading and shall be decided according to the law of the country in which that place of business is situated.
omission of the Carrier done with the Intent to cause such loss, damage or delay, or recklessly and with knowledge that such loss, damage or delay
would probably result.

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