These are the terms and conditions of carriage that apply to house bills of lading issued by Nashrah Shipping & Logistics (Pvt.) Ltd. ("the Carrier") as a Non-Vessel Operating Common Carrier. In case of any difference, the terms printed on the original bill of lading prevail.
1. Definitions
"Carrier" means Nashrah Shipping & Logistics (Pvt.) Ltd. "Merchant" includes the shipper, consignee, holder of the bill of lading, receiver and owner of the goods, and anyone acting on their behalf. "Goods" means the cargo described on the face of the bill of lading, including any container not supplied by the Carrier.
2. Carrier's tariff and sub-contracting
The provisions of the Carrier's applicable tariff are incorporated. The Carrier may sub-contract the whole or any part of the carriage on any terms, and every servant, agent and sub-contractor benefits from all exceptions and limitations in this bill of lading.
3. Responsibility and liability
For port-to-port shipments, the Carrier's responsibility is governed by the Hague-Visby Rules (or the Hague Rules where compulsorily applicable). For multimodal carriage, liability during each stage is determined by the international convention or national law compulsorily applicable to that stage. Where the stage of loss cannot be determined, liability is limited as set out in the applicable rules.
4. Merchant's responsibility
The Merchant warrants that the particulars of the goods, including weight, contents, marks and dangerous nature, are correct and that the goods are properly packed. The Merchant is responsible for verified gross mass (VGM), container stuffing and sealing where the container is packed by or for the Merchant.
5. Dangerous goods
Dangerous goods must not be tendered without prior written notice and acceptance, and must be packed, marked and declared in accordance with the IMDG Code and all applicable regulations.
6. Freight and charges
Freight is earned on receipt of the goods and is payable in full, whether the goods are lost or not. The Merchant is jointly and severally liable for all freight, demurrage, detention and other charges. The Carrier has a lien on the goods and documents for all sums due.
7. Delivery and time bar
Notice of loss or damage must be given in writing at the time of delivery or, if not apparent, within three days. The Carrier is discharged from all liability unless suit is brought within nine months (or one year where the Hague-Visby Rules apply) after delivery or the date the goods should have been delivered.
8. General average
General average is adjusted according to the York-Antwerp Rules at any port or place chosen by the Carrier. The Merchant must provide security as required.
9. Law and jurisdiction
Disputes arising under this bill of lading are governed by the laws of Pakistan and determined by the courts of Karachi.
