The Following are the Conditions and Exceptions hereinbefore referred to :
1. Each package or place must be well packed before loading and provided with distinct
signs, marks and numbers with the name of the place of destination, in letters not less than five
cm. long.
Packages unfit for the placing of such marks and numbers must be provided with securely
fastened labels. In default of these conditions the carrier Is not liable for loss or damage or
delay In delivery of the goods resulting therefrom.
2. The shipper is responsible for the proper packing of the goods. The sufficiency of the
packing as well as the condition of the goods uncovered shall be determined by the matter, the
carrier or his agent, who, should he find the covering unsatisfactory, Is to make note thereof In
the bill of lading. The owner of the goods shall be responsible for any loss arising from shipper's
failing to indicate or concealing the defects of packing or unsatisfactory state of the goods
unpacked.
3. With shipper's consent in writing, the goods may be carried on deck at the risk of the
owner of the goods.
4. The owner of the goods is responsible to the carrier for the accuracy and exactitude of
the shipper's declaration regarding the inner and outer condition of the goods, their packing and
distinctive signs, and the owner of the goods shall indemnify the carrier against all loss,
damages and expenses, arising or resulting from inaccuracy, inexactitude and insufficiency in
such particulars, as furnished by the shipper.
5. The carrier shall be at liberty at the place of loading or discharging as well as during the
voyage to ascertain whether the contents of the goods correspond with their description. If the
description of the goods, whether packed or unpacked, as shown on this bill of lading proves to
be incorrectly stated, the owner of the goods is bound to pay the carrier double difference
between the full freight on the correct description of the goods for the whole voyage with
additional charges, and the amount calculated under the incorrect statements of the shipper. If
the number of animals loaded on board by shipper's means proves to be incorrectly stated, the
owner of goods shall pay the carrier triple freight on the quantity exceeding as well as all
additional charges and fees. The carrier shall be entitled to check in the port of destination the
weight as declared by the shipper and if a surplus is found double freight shall be paid for it.
The shipper is liable to the carrier for any loss or damage to the ship or cargo and for all other
expenses, caused by the wrong description or denomination of goods and all costs and
expenses or weighing, examining and checking the goods shall be payable by the owner of
goods, if the weight and/or description on the bill of lading be wrongly stated.
6. Not later than 24 hours before the beginning of loading of the goods as denominated in
the bill of lading the shipper must hand over to the carrier at the place of shipment all
documents required by the harbour, customs, sanitary, excise and any other rules. The carrier
is not under duty to verify the accuracy and the sufficiency of these documents and shall be
discharged from all liability for any loss of, or damage to, such goods, resulting from inaccuracy
or insufficiency or delay in delivery of these documents.
7. Freight and other charges due under the contract of carriage shall be payable to the
carrier at the place of shipment. Freight and all additional charges fully or partly unpaid at the
time of shipment to be collected from the receivers of goods. Freight and other charges in
connection with carriage of goods must be fully paid up to the carrier, ship or goods lost or not
lost. If possible damage to carrier's interests at the place of destination be apprehended, freight
and any other charges to be altogether fully paid at the place of shipment, particularly :
a) if the goods delivered for shipment are subject to rapid deterioration ;
b) if, owing to the small value of goods they cannot cover the freight and all charges in
connection with carriage of same ;
c) if, owing to the insufficiency of packing ascertained in accordance with paragraph 2 of
these rules, there may occur loss, evaporation, scattering, breakage or leakage of goods or
part thereof, or depreciation of same ;
d) for carriage of animals ;
e) for goods carried on deck ;
f) for goods consigned to ports where are no agencies of the carrier.
8. Carrier's liability for delivery of goods carried cash on delivery (c.o.d.) without previously
collecting the amount forwarded cannot exceed the same.
9. On the issue by the carrier, his agents or master of the ship of the bill of lading the right
of disposing of goods (readdressing) belongs to the shipper or to the receiver of goods or to
any holder in due course of the bill of lading provided he produces all issued copies of the bill of
lading or sufficient bail. The person entitled to dispose of the goods may demand the redelivery
of same at the place of shipment before ship's departure, or the delivery of goods at some
intermediate port or the delivery of goods to a person other than the one stated in the bill of
lading. The said demand shall be expressed in writing to the carrier's agency at the port of
loading. If however such orders cannot be executed, the carrier is exempt from responsibility
but reserves the right to collect the full amount of freight as originally agreed. The owner of
goods must also pay the difference of freight if the same exceeds the freight stipulated for
shipment to original port of destination and reimburse to the carrier all expenses, resulting from
readdressing of goods.
10. If, In the event of blockade, restraint of authorities, acts of war, ice and any other
causes beyond carrier's control, the goods cannot be discharged at the port of destination
without risk to ship and cargo, the carrier is entitled to land the goods at one of the nearest
ports of call where possible at shipper's risk and expense, and to inform the shipper thereof.
If the shipper desires to land the carried goods at original port of destination he has to
apply therefore in writing to the carrier's agency at the port of loading. Should the carrier be
able to comply with this request the goods shall be forwarded to original port of destination
under a new bill of lading on a ship belonging either to the carrier or to another owner. All
payments and freight unpaid under the old bill of lading, as well as expenses incurred by the
carrier, to be inserted in the new bill of lading beyond the freight and charges due on account of
such new carriage.
If in a port forced discharging, goods are stored at the carrier's warehouses, no charge is
to be made for the first three storage days. in case of forwarding the goods under a new bill of
lading to original port of destination no charges shall be collected for the first five days of
storage at the carrier's warehouses. The storage for the period over five days is to be made for
the first three storage' days. In case of forwarding the goods under a new bill of lading to
original port of destination no charges shall be collected for the first live days of storage at the
carrier's warehouses. The storage for the period over five days is to be included in the new bill
of lading.
If in the port of forced discharging there are no carrier's warehouses, or if these
warehouses cannot be used for the said purpose, the goods shall be delivered by the carrier for
storage to local warehouses or to any other places in accordance with the customs of the port
and at the current rates.
11. Any deviation of the ship from the contract voyage for the purpose of saving or
attempting to save life or property at sea, or any other reasonable deviation, as well as calling
at ports in any order shall not be deemed to be en infringement or breach of the contract of
carriage, and the carrier shall not be liable for any loss or damage resulting therefrom.
12. The goods shall be loaded and discharged as fast as the ship can take or deliver them,
on or from the ship's tackles or any auxiliary craft, without interruption by day and night,
Sundays and Holidays not excepted, and the owner of goods shall be liable to the carrier for all
loss or damage incurred in default thereof. Should the goods not be received by their owner in
accordance with this clause or if he fails to appear to take delivery of goods immediately on the
ship's arrival, the master or carrier's agent shall be at liberty to put the goods into craft and/or
land the same on the quay at the expense and risk of the owner of goods, as the master or
carrier's agent may think fit.
13. The carrier shall have a lien upon the goods for and until the payment of freight and all
other charges and expenses due under the contract of carriage and in relation to the handling
of the goods during the voyage as well as. If the case may be, customs duties and taxes of any
kind whatsoever
14. If within two months after the ship's arrival at the port of destination the goods have not
been claimed and/or their owner has not covered all amounts as aforesaid in paragraph 13, the
carrier shall be at liberty to sell the goods by public auction whereof the shipper shall be notified
in writing. Unclaimed goods subject to deterioration may be sold before the expiration of two
months. The proceeds shall be used for covering the total charges, costs and expenses due to
the carrier on custody, storage and sale of unclaimed goods, and if the proceeds fail to cover all
sums due to the carrier In respect of said goods, the carrier shall be entitled to recover the
difference from the carrier in respect of said goods, the carrier shall be entitled to recover the
difference from the owner of goods.
15. Unless notice of loss or damage or delay in delivery of goods be given the carrier
before or at the time of the removal of the goods, such removal shall be prima facie evidence of
the delivery by the carrier of the goods in accordance with all terms and conditions of the Bill of
lading.
If partial loss or damage be not apparent by customary delivery of goods the notice may
be given to the carrier by the receiver of goods within three days after their receipt.
In the foresaid cases the notice must be given in writing.
16. If wrong tariffs or rates of freight are applied or in the event of errors in calculating
freight or other charges, the arrears must be paid to the carrier and overcharges must be
returned by the carrier. The carrier is entitled to recover the arrears from the overcharges and
any other amount due by him to the owner of goods.
17. The carrier shall be bound, before and at the beginning of the voyage, to make the
ship seaworthy, properly man, equip and supply the ship and make the holds, refrigerating and
cool chambers fit and safe for reception, preservation and carriage of cargo.
Subject to the provisions of this paragraph the carrier shall be discharged from liability for
latent defects not discoverable by due diligence.
18. The carrier shall be responsible for loss of, or damage to, the goods as well as for
delay in delivery of the same, unless loss or damage or delay has arisen or resulted from
causes which could not have been avoided by carrier's due diligence particularly from :
a) force majeure ;
b) perils, dangers and accidents of the sea or other navigable waters
c) fire, effects of temperature, air, humidity ;
d) acts and orders of authorities (arrest or restraint, quarantine, etc.) ;
e) acts of war and people's commotions ;
f) act or omission of the shipper or receiver of the goods, in particular when the goods
have been loaded by shipper's means and/or discharged by receiver's means ;
g) Nature of goods (inherent vice or normal wastage), and latent defects of same ;
h) Defects of packing not discoverable from outside or when the goods have been
delivered for shipment without any packing or in packing insufficient although under the nature
of goods proper packing was necessary and in so far as the damage has actually resulted from
absence or insufficiency of packing, or if, in the case of sound packages, a shortage and/or
non-correspondence of contents with their description as in the bill of lading has been found ;
I) Insufficiency or Indistinctness of marks ;
j) disease or death of carried animals ;
k) act or omission of the master, crew and pilot in the navigation or in the management of
the ship except, however, act or omission in relation to the reception, loading, stowage,
custody, care, discharge and delivery of goods;
l) saving or attempting to save life, ship or goods. Any clause or agreement in regard to the
liability for the time from the moment of loading of goods and until the goods are discharged,
contradictory to the rules of this article, shall be null and void and of no effect.
19. The remuneration of the owner of goods per each lot or damaged package or unit shall
be estimated in accordance with their value at the port of ship's destination on the day when
the latter has arrived or must have arrived, but cannot exceed 250 rubles, unless the value of
such goods has been declared by the shipper and inserted in the bill of lading.
20. Goods shipped without the master's knowledge shall be discharged in any port at the
option of the master, and double freight due from the place of shipment up to the place of
discharging as all damages arising out of or resulting from such shipment must be paid by the
shipper.
21. If goods inflammable, explosive or dangerous by their nature shall become a danger to
the ship or other cargo, they may during the voyage be landed at any lime and at any place or
destroyed or rendered innocuous by the carrier without any compensation to the owner of such
goods the latter being obliged to pay the carrier the agreed freight in full.
22. The shipper is obliged to declare the exact weight of any single package over one and
a half tons. These packages are to be loaded and discharged at risk and expense of their
owners and by their means.
23. The carrier is at liberty, if necessary to transship the goods from one ship to another
directly or by means of preliminary discharging of said goods on quay or into lighters and/or to
convey the goods while loading and discharging on auxiliary craft.
The carrier has also liberty to transfer the goods to ships belonging to other owners or to
forward them by other means of transport, the provisions and clauses of this bill of lading
remaining valid for the whole voyage.
24. Refrigerated goods are not received for shipment and carriage unless the ship holds
the classification of the Register of the USSR. The existence of such class at the time of
shipment shall be deemed to be final and complete evidence as against the shipper and
receiver of goods and any holder of the bill of lading that the ship, her engines and machinery,
refrigerating machinery, spare gear and equipment, insulation fitting and stores both at the time
of loading and during every stage of the voyage were in every respect in a fit and seaworthy
condition. The existence of such class shall also be deemed to satisfy and discharge any
obligation or warranty expressed or implied under this bill of lading as to provision of a
seaworthy and fit ship for the whole voyage.
25. General average shall be adjusted according to York-Antwerp Rules 1974 and the
average adjustment shall be prepared in the USSR.
26. All claims and disputes arising under and in connection with this bill of lading shall be
judged in the USSR.
27. All questions and disputes not mentioned in this bill of lading shall be determined
according to the Merchant Shipping Code of the USSR