Shipping Solutions, Inc.
Pier 10, Puerta de Tierra
San Juan, Puerto Rico 00901
Terms & Conditions
RECEIVED in apparent good order and condition from the shipper,
or shipper’s agent, the number of containers or other packages or units
said by shipper to contain the goods described in the in the ‘Particulars
Furnished by Shipper’ to be transported from the port of loading to the
port of discharge, or so near thereto as the carrying vessel, or other craft
used can get, lie and leave always in safety and afloat under all conditions
of tide, water and weather, and there to be delivered to consignee or on-carrier
on payment of all charges due thereon. Carrier makes no representation as to
the correctness of the particulars furnished by the shipper.
In accepting this bill of lading, the shipper, consignee, holder hereof and
the owners of the goods agree, the same as if signed by each of them, that the
receipt, custody, carriage, relay, delivery and any transshipping of the goods
are subject to the terms appearing on the face and back hereof, which shall
govern the relations, whatsoever they may be between shipper, consignee, the
owners of the goods and any holder hereof and carrier, its agents, contractors,
subcontractors, employees, master and vessel in every contingency occurring
and whether carrier be acting as such or bailee. Carrier shall have the right
to stow containers, vans or trailers on deck and without notice as per Clause
9. The terms hereof shall not be deemed waived by Carrier except by written
waiver signed by Carrier or its duly authorized agent.
Where specifically provided in carrier’s tariff, insurance coverage will
be issued of the type and for the value specified on the face of the bill of
lading up to the maximum coverage in effect at that time. The terms of the insurance
will be subject to the governing tariff and Carrier’s applicable insurance
policies which are available for inspection at the Carrier’s general offices.
Failure to indicate the type of coverage and/or to declare the value of the
goods on the face of this bill of lading will result in no insurance coverage,
unless the insurance provisions of the governing tariff apply by their own terms.
1. CLAUSE PARAMOUNT. This bill of lading shall have effect
subject to the provisions of the Carriage of Goods by Sea Act of the United
States of America approved April 16, 1936, except as otherwise provided herein.
The defenses and limitations of said Act shall apply to goods whether carried
on or under deck, to carriage of goods between any ports, whether U.S. or non-U.S.,
before the goods are loaded on and after they are discharged from the vessel,
and throughout the entire time the goods are in the actual custody of Carrier,
whether acting as carrier, bailee or stevedore. If this bill of lading is issued
in or the goods are delivered to a locality where there is in force a compulsorily
applicable Carriage of Goods by Sea Act ordinance or statute similar to the
International Convention for the Unification of Certain Rules relating to Bills
of Lading dated at Brussels, August 25, 1924, then it is subject to such Act,
ordinance or statute before the goods are loaded on and after they are discharged
from the vessel and throughout the entire time the goods are in the actual custody
of Carrier, whether acting as carrier, bailee or stevedore. Carrier shall be
entitled to the full benefit of all rights and immunities under and all limitations
of or exemptions from liability contained in any law of the United States or
any other place whose law shall be compulsorily applicable. If any term of this
bill of lading be repugnant to the Carriage of Goods by Sea Act of the United
States or any other law compulsorily applicable, such term only shall be void
to that extent but no further. This bill of lading shall be construed, and the
right of the parties hereunder determined, according to the laws of the United
2. PARTIES COVERED. If the vessel or other craft in use is
not owned by or chartered by demise to Portsmouth Shipping Solutions Inc., this
bill of lading shall take effect for purposes of limitation of liability only
as a contract with owner or demise charterer, as the case may be. If it shall
be adjudged that any person other than the owner or demise charterer (including
the master, time charterer agents, stevedores, lashers, watchmen and other independent
contractors) is the carrier or bailee of the goods, or is otherwise liable in
contract or in tort, all rights, exemptions, and limitations of liability provided
by law and by the terms of this bill of lading shall be available to such other
persons in contracting for the foregoing rights, exemptions and limitations
of liability. Carrier is acting as agent and trustee for the persons above mentioned.
Particulars of the ownership of the vessel or other craft used may be obtained
from Carrier or its agents.
3. SCOPE OF VOYAGE. The voyage herein contracted for shall
include ports in or out of the advertised, geographical, usual or ordinary route
or order. The vessel may omit calling at any port or ports whether scheduled
or not, and may call at the same port more than once, may before or after proceeding
toward the port of discharge, make trial trips or tests, take fuel or stores
at any port in or out of the regular course of the voyage, sail with or without
pilots, tow and be towed, and save or attempt to save life, vessels in distress
or other property and all of the foregoing are included in the contract voyage.
Carrier shall have the right, without notice, to substitute or employ a vessel,
watercraft, or other means rather than the vessel named herein to perform all
or part of the carriage . When the port of destination or discharge is not served
by Carrier’s vessels, Carrier may, at any intermediate port, break bulk
of cargo shipped in containers. It is hereby understood and agreed that any
transfer, transshipment or substitution of vessels shall not constitute a deviation.
4. RISK AND LIBERTIES. In any situation which in the judgment
of Carrier or the master is likely to give rise to risk of seizure, arrest,
detention, damage, delay to, or loss of any goods or the vessel, or to make
it imprudent for any other reason to receive, keep or load the goods or continue
the voyage, or discharge the goods, Carrier or the master shall have the right
(a) to decline to receive, keep or load the goods or to discharge or devan them
at any convenient port or place and to require the shipper or person entitled
thereto to take delivery and if he fails to do so to store them at the risk
and expense of the goods, or (b) to discharge or devan the goods into any lighter,
craft, depot or other place, or (c) to retain the goods on board until the return
trip or until such time as Carrier or the master deems advisable or (d) to substitute
another vessel or to transship or forward the goods, or any part thereof by
any means but always at the risk and expense of the goods. Any disposition of
the goods pursuant to this clause shall constitute complete performance of this
contract by Carrier who shall be free of further responsibility. For any and
all service rendered as herein provided, Carrier shall be entitled to reasonable
extra compensation and shall have a lien on the goods. Goods shut out or not
loaded on a vessel for any reason can be forwarded on a subsequent vessel or
by feederships, lighter, aircraft, trucks, trains or other means in addition
to the ocean vessel, or its substitute, to accomplish the carriage herein.
5. GOVERNMENTAL ORDERS. Carrier or the master shall have liberty to
comply with any order, directions, regulations, requests or suggestions given
by or received from the government of any nation or by any person purporting
to act with the authority of such government. Any disposition of the goods pursuant
to this clause shall constitute completion of the contract of carriage by Carrier
and the goods thereafter shall be solely at their own risk and expense.
6. PACKING OF CONTAINERS-GUARANTY-INDEMNITY. Carrier shall not be responsible
for the safe and proper stowing of cargo in containers if such containers are
packed by the shipper or shipper’s agent and no responsibility shall attach
to Carrier for any loss or damage caused to contents by shifting, overloading,
or failure to label or properly chock, lash or pack the goods in the container
or within their individual packages. The shipper or shipper’s agent shall
properly seal containers loaded by them. The shipper or its agent shall carefully
inspect and clean containers, if necessary, before packing them. Acceptance
and packing of the containers shall be prima facie evidence that the containers
were sound, clean and suitable for use and shall relieve Carrier of responsibility
for any damage to goods carried resulting from the condition of the container
used. “Containers” as used herein include all types of containers
for dry, liquid and perishable cargo, as well as vans, trailers, and flatbeds.
The shipper, consignee, holder hereof and owner of the goods agree to be liable
for and shall hold harmless and indemnify Carrier for any injury, loss or damage,
including fines, penalties and reasonable attorney’s fees arising from
the shipper’s failure to properly describe, label, stow or secure the
goods in containers or to clean containers and also for damage or expense caused
by the goods to the containers, other property, or for injury or death to persons.
PERISHABLE GOODS. Goods or foods of a perishable nature will be carried
in ordinary containers, vans or trailers and without special protective services
unless there is noted on the face of the bill of lading that such perishable
goods will be carried in a refrigerated, heated, specially ventilated or otherwise
specially equipped container or trailer in accordance with protective services
and charges offered in Carrier’s tariff.
The shipper, consignee, holder hereof and owner of the goods agree to be responsible
for the operation of temperature controlled equipment, including maintenance
and repair during all times before containers, or trailers are delivered to
Carrier at the port of loading and after delivery by Carrier at the port of
discharge. When a loaded container, van or trailer is received, Carrier will
set the thermostatic controls to maintain air temperature in the container to
within a range of plus or minus 5 degrees Fahrenheit of the temperature requested
by the shipper on the face hereof.
8. LIVE ANIMALS. Live animals, birds and fish are received,
kept and carried solely at shipper’s risk of accident, disease or mortality
and without warranty or undertaking whatsoever by Carrier.
9. STOWAGE ON DECK. Goods stowed in any covered-in-space or
loaded in a container or trailer carried on deck shall be deemed to be stowed
under deck for all purposes, including General Average and the Carriage of Goods
by Sea Act, the Hague Rules or other compulsorily applicable legislation.
10. TRANSSHIPMENT. If the goods are destined for a port or
destination not served by Portsmouth Shipping, then the goods will be transshipped
or forwarded to the port of discharge . In such case Portsmouth Shipping will
have no further duty or responsibility whatsoever as Carrier, this bill of lading
operating only as a document of title thereafter.
11. DELIVERY AND STORAGE. Except at ports where Carrier delivers
goods directly to the consignee, delivery shall take place and Carrier shall
have no further responsibility when the goods are landed upon a safe dock, lighter
or custody is taken by port or government authorities, terminal operator or
lighterman. At ports where Carrier delivers goods to consignee, if the consignee
does not take delivery as soon as the goods are ready, the goods shall thereafter
be at their own risk and expense. Carrier shall have the right but not the duty
to store containers in the open before loading or after discharge.
12. EXPENSES AND FINES. The shipper and consignee shall be
liable for and shall indemnify Carrier and vessel and hold them harmless against
and Carrier shall have a lien on the goods for all expenses and charges of mending,
repairing, fumigating, restowing, storing or reconditioning, and all expenses
incurred for the benefit or protection of the goods also for any payment duty,
fine or other expenses including but not limited to court costs, expenses and
other reasonable attorney’s fees incurred or levied upon Carrier or the
vessel in connection with the goods because of shipper’s failure to comply
with any laws or regulations.
13. FREIGHT, LIENS, QUANTITY. Freight shall be payable, at
Carrier’s option, on gross weight, measurement ton, or on value as set
forth in Carrier’s tariff. Carrier shall have the right, but not the duty,
to open packages or containers and, if shipper’s particulars are found
to be erroneous, the shipper, consignee and the goods shall be liable for the
correct freight charge and any expenses incurred in examining, weighing, measuring
or valuing the goods. Full freight to the port of discharge named on the face
of this document and all advance charges against the goods shall be considered
completely earned on receipt of the goods by Carrier, even though the vessel
or goods are damaged or lost or the voyage is frustrated or abandoned. All sums
payable to Carrier are due when incurred, and shall be paid in full in United
States currency. The shipper, consignee, holder hereof, and owners of the goods
shall be jointly and severally liable to Carrier for the payment of all freight,
demurrage, General Average and other charges including but not limited to court
costs, expenses and reasonable attorney’s fees incurred in collecting
sums due to Carrier. Payment of ocean freight and charges to a freight forwarder,
broker or anyone other than Portsmouth Shipping Solutions Inc. or its authorized
agent, shall not be deemed payment to the Carrier and shall be made at payer’s
sole risk. Carrier shall have a lien on the goods, which shall survive delivery
for all charges due and may, without notice, enforce this lien by public or
private sale of the goods and other property belonging to the shipper, consignee,
holder hereof or owner of the goods, which may be in Carrier’s possession.
14. BOTH TO BLAME COLLISIONS. 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 of the servants of Carrier
in the navigation or in the management of the vessel, the owners of the goods
carried hereunder will indemnify Carrier against all loss or liability to the
other or non-carrying ship or her owners insofar as such loss or liability represents
loss or damage to, or any claim whatsoever, of the owners, of said goods, paid
or payable by the other or non-carrying ship or her owners to the owners of
said goods and set-off or recovered by the other or non-carrying ship of her
owner’s as part of their claim against the carrying vessel or Carrier.
The foregoing 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 that are at fault in respect of a collision, contact,
stranding or other accident.
15. GENERAL AVERAGE. General Average shall be adjusted stared
and settled according York Antwerp Rules 1974, except Rule XXII thereof at the
place selected by Carrier, and as to matters not provided for by these Rules,
according to the laws and usage at the port of New York. Average agreement or
bond and such additional security as may be required by Carrier, must be furnished
before delivery of the goods.
In the event of accident, danger, damage, or disaster, before or after commencement
of the voyage resulting from any cause whatsoever, whether due to negligence
or not , for which, of for the consequence of which, Carrier is not responsible
by statute, contract or otherwise, the goods, the shipper and the consignee
shall contribute with 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 goods. If a
salvaging ship is owned or operated by Carrier, salvage shall be paid for as
fully and in the same manner as if the salvaging ship belonged to strangers.
Cargo shall pay its contribution to General Average even when such average is
the result of fault, neglect or error of the master, pilot or crew of the carrying
vessel. The shippers and consignees expressly renounce all codes, statures laws
or regulations which might apply.
16. FIRE. Carrier shall not be liable for any loss or damage
to goods occurring at any time either before loading on, or after discharge
from the vessel by reasons or by means of any fire whatsoever, unless such fire
shall be caused by the actual fault or privity of Carrier.
17. VALUATION. In the event of loss, damage or delay to or
in connection with goods exceeding in actual value the equivalent of $500 in
lawful money of the United States, per package, or in case of goods not shipped
in packages, per shipping unit, the value of the goods shall be deemed to be
$500 per package or unit, unless the nature and higher value of goods have been
declared by the shipper herein and extra charges paid as provided in Carrier’s
tariff, even if the extra charges have not been billed by the Carrier due to
error or neglect. However, Carrier’s liability shall not exceed the invoice
value of the goods, or declared value for Customs whichever is less. The word
“package” shall in addition to its regular use, also include a container
used to ship either household goods, Freight All Kinds, or any other goods shipped
under a lump sum rate; a liquid tank or dry bulk container; van or reefer trailer;
cargo shipped on a skid, cradle, pallet or unitized load, group or assemblage;
and any container used to ship goods which are not specifically described in
the bill of lading as goods shipped in packages. In no event shall the Carrier
be liable for more than the damage actually sustained by the cargo. Carrier
shall not be liable for any consequential or special damages, and shall have
the option of replacing and/or repairing any damaged goods.
18. NOTICE OF CLAIM - TIME FOR SUIT- JURISDICTION. Unless notice
of loss or damage and the general nature of such loss or damage be given in
writing to the Carrier or his agent at the port of discharge before or at the
time of the removal of the goods into the custody of the person entitled to
delivery thereof under the contract of carriage, such removal shall be prima
facie evidence of delivery by Carrier of the goods in good order and condition
as described in the bill of lading. In the case of general cargo which is not
perishable, if the loss or damage is not apparent, notice must be given within
twenty-four hours after the loss or damage becomes apparent, but in any event,
must be given no later than seventy-two hours after delivery. In the case of
perishable goods, notice must in all cases be given no later than twenty-four
hours after delivery.
Carrier and the ship shall be discharged from any and all liability in respect
to loss or damage unless suit is brought within one year after delivery of the
goods, or the date when the goods should have been delivered. Suit shall not
be deemed brought against Carrier or vessel until jurisdiction shall have been
obtained over Carrier or the vessel or both by service of process thereon.
19. FORUM SELECTION. All suits and claims must be filed in
the Commonwealth of Puerto Rico either in the U.S. District Court of Puerto
Rico or in the court of First Instance, San Juan Part/Division, to the exclusion
of all other courts of competent jurisdiction.
20. FINAL AGREEMENT. All prior agreements or freight engagements
for the shipment of the goods and all other arrangements are superseded by this
bill of lading and Freight Tariff Rules and Regulations published at our website:
21. SHIPPER’S WARRANTIES. The shipper warrants that he
is the owner of and entitled to possession of the goods, or has the authority
of the owner and all persons entitled to possession of the goods, to agree to
the terms hereof.