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Norfolk
Forwarding Services
offers:
Our Mission
To provide a cost effective, quality and professional consolidation packing service for
the transportation of goods to and from Norfolk Island.
What We Do
No consignment is too big or small.
We manage anything from large commercial shipments including cars,
kit set houses and buildings to
smaller personal effects consignments.
Going
shopping in Australia or New Zealand and don't know how to get those
items (bath, couch, door, carpet,
curtains, painting or tiles etc) back to Norfolk Island ?
Contact us and we will consolidate and ship to you. Everything is taken care of -
nothing for you to worry about at all !
Let us know the detail of your order/s, then sit back and forget about it -
we'll co-ordinate and supervise all aspects of your shipment including :
Norfolk Forwarding
Services
has a local agent on
Norfolk Island to handle queries face to face with
residents.
Norfolk Facilities
Due to the rugged coastline, ships arriving at Norfolk Island are required to anchor
approximately 1 km from shore at either Kingston or
Cascade Bay, depending on weather conditions. Goods are off loaded using the
ship's derricks into small lighters. These are towed between the ship and
the shore, with motorised launches. These lighters are 8m in length and are modelled on the old whaling boats. A
mobile crane on the jetty lifts the cargo from the
lighters onto the pier.
As the Photo Gallery shows, it is not possible to
use containers on this service so all cargo is unitised and palletised for
shipping. It is essential that all goods are well shrink wrapped and banded securely
to pallets prior to shipment.
Contact Information
Norfolk Forwarding Services
Depots in:
Please do not hesitate to contact us
for
all bookings for Australia and New Zealand on :
- Telephone
In Australia: 1300 300 168 or Contact: Teresa Kneller
0414847142
In New
Zealand:
0800 449 244
From Norfolk Island: 0061 1300 300 168
(we pay some of the call)
- Fax
In Australia: 1300 300 169
In New
Zealand: 9 3070309
Attention: Duncan
From Norfolk
Island: 0061 1300 300 169 (we pay some of
the call)
or on
the Australian fax numbers
- Email :
-
- Please do not hesitate to send us an email if you have any
questions. We are always happy to quote on a per shipment basis.
Contact Details:
teresa@norfolkforwarding.com
Norfolk Island Agent:
Transam Argosy Pty Ltd,
PO Box 483,
Norfolk Island
Manager: Duncan Evans
Phone:
22836
Fax:
22886
Terms and Conditions:
Norfolk
Shipping Consultants Pty Ltd trading as Norfolk Forwarding Services Bill of
Lading
1. (Definitions) The following words both on the face and back have the
meaning assigned:
(a) “Carrier” means Norfolk Forwarding Services:
(b) “Merchant” includes the shipper, consignor, consignee, owner and receiver of
the Goods and the holder of this Bill of Lading:
(c) “Goods” means the cargo described on the face of this Bill of Lading and, if
the cargo is packed into container(s) supplied or furnished by or on behalf of
the Merchant, include the container(s) as well:
(d) “Vessel” includes vessel, ship, craft, lighter or other means of transport
which is or shall be substituted, in whole or in part, for the vessel named on
the face hereof.
2. (Clause Paramount) As far as this Bill of Lading covers the carriage of the
Goods by water, this Bill of Lading shall have effect subject to the provisions
of the
Carriage of Goods by Sea Act 1991
and the rules contained in the schedule thereto, unless it is adjudged that any
other legislation
of a nature similar to the International Convention for the Unification of
Certain Rules relating to the Bills of Lading signed at Brussels on August 25,
1924 compulsory applies to this Bill of Lading, in which case it shall have
effect subject to the provisions of such legislation, and the said Act or
legislation (herein called The Amended Hague Rules) shall be deemed to be
incorporated herein. If any provision of this Bill of Lading is held to be
repugnant to any extent to The Amended Hague Rules or any other laws, statutes
or regulations applicable to the contract evidenced by this Bill of Lading, such
provision shall be null and void to such extent but no further.
3. (Governing Law and Jurisdiction) The contract evidenced by or contained in
this Bill of Lading shall be governed by Australian law except as may be
otherwise provided for herein, and any action thereunder shall be brought before
the Courts in Australia.
4. (Limitation Statutes) Nothing in this Bill of Lading shall operate to limit
of deprive the Carrier of any statutory protection or exemption or limitation of
liability authorised by applicable laws, statutes or regulations of any
countries.
5. (Sub-Contracting: Exemptions and Immunities of Servants, Agents and
Sub-Contractors) The Carrier shall be entitled to sub-contract on any terms the
whole or any part of the handling, storage or carriage of the Goods and any and
all duties whatsoever undertaken by the carrier in relation to the Goods. The
Merchant shall indemnify the Carrier against any claims which may be made upon
the Carrier by any servant, agent of Sub-contractor of the Carrier in relation
to the claim against any such person made by the Merchant. Without prejudice to
the foregoing, every such servant, agent and sub-contractor shall have the
benefit of all provisions herein for the benefit of the carrier as if such
provisions were expressly for their benefits; and in entering into this contract
the Carrier, to the extent of those provisions, does not only on his own behalf
but also as agent and trustee for such servants, agents and sub-contractors.
6. (Route of Transport) (1) The Goods may, at the Carrier’s absolute discretion,
be carried as a single shipment of several shipments by the Vessel and/or any
other means of transport by land or air by any route whatsoever, whether or not
such route is the direct, advertised or customary route. (2) The Vessel shall
have liberty to call and or stay at any port(s) or place(s) in or out of the
direct, advertised or customary route, once or more often and in any order
backwards or forwards, and/or to omit calling at any port(s) or place(s) whether
scheduled or not. (3) the Vessel shall have liberty to, either with or without
the Goods on board, and before or after proceeding toward the port of discharge,
adjust compasses and other navigational instruments, make trial trips or tests,
dry dock go to repair yards, shift berths, take in fuel or stores, embark or
disembark any person(s), carry contraband, explosives, munitions, warlike stores
and hazardous cargo, sail with or without pilots, tow or be towed, and save or
attempt to save life or property. (4) Any action taken by the Carrier under this
Article shall be deemed to be included within the contractual carriage and such
action or delay resulting there from shall not be deemed to be a deviation.
Should the Carrier be held liable in respect of such action, the Carrier shall
be entitled to the full benefit of all privileges, rights and immunities
contained in this Bill of Lading.
7. (Responsibility) (1) The Carrier shall not be responsible for loss of or
damage to the Goods, occurring before receipt of the Goods by the Carrier at the
place of receipt or port of loading or after delivery by the Carrier at the port
of discharge or place of delivery. (2) In case it is established by the Merchant
that loss of or damage to or in connection with the Goods occurred during the
period from the receipt by the Carrier at the place of receipt or port of
loading to the delivery by the Carrier at the port of discharge or place of
delivery, the Carrier shall subject to the provisions of this bill of Lading be
responsible for such loss or damage to the extent following but on further: - (i)
With respect to loss or damage occurring during the period from the time when
the Goods arrived at the sea terminal at the port of loading to the time when
they left the sea terminal at the port of discharge and also occurring during
any previous or subsequent period or carriage by sea or inland waterways to the
extent prescribed by the applicable The Amended Hague Rules as provided for in
Article 2 hereof; or (ii) Save as covered by (i) above, with respect to loss or
damage occurring during the handling, storage or carriage of the Goods by a
Sub-contractor or agent of the carrier to the extent to which such
sub-contractor or agent would have been liable to the Merchant if he had made a
direct and separate contract with the Merchant in respect of such handling,
storage or carriage; the terms and conditions of the said direct and separate
contract can be obtained at the Carrier’s offices upon request of the merchant;
or (iii) In case it cannot be proved where the goods were when the loss or
damage occurred, the loss or damage shall be deemed to have occurred in the
course of carriage by water, and the Carrier, shall be responsible to the extent
prescribed by the applicable The Amended Hague Rules (3) Notwithstanding Article
7 (2) hereof, the Carrier does not undertake that the Goods shall arrive at the
port of discharge or place of delivery at any particular time or in time to meet
any particular market or use and the Carrier shall not be responsible for any
direct or indirect loss or damage which is caused through delay.
8. (Liberties) (1) In any situation whatsoever, whether or not existing or
anticipated before commencement of or during the transport, which in the
judgment of the Carrier (including) for the purpose of this Article any person
charged with the transport or safekeeping of the Goods), (i) has given or is
likely to give rise to danger, injury, loss delay or disadvantage of whatsoever
nature to the Vessel, a vehicle, the Carrier, any person, the Goods or any
property; or (ii) has rendered or is likely to render it in any way unsafe,
impracticable or unlawful or against the interest of the Carrier or the Merchant
to commence or continue the transport or to discharge the Goods at the port of
discharge or to deliver the Goods at the place of delivery by the route and in
the manner originally intended by the Carrier, the Carrier (a) at any time shall
be entitled to unpack the container(s) or otherwise dispose of the Goods in such
way as the Carrier may deem advisable at the risk and expense of the Merchant;
and or 9b) before the Goods are loaded on the Vessel, a vehicle or other means
of transport at the place of receipt or port of loading shall be entitled to
cancel the contract of carriage without compensation and to require the Merchant
to take delivery of them and upon his failure to do so, to warehouse or place
them anywhere at the risk and expense of the Merchant; and or (c) if the Goods
are at a place awaiting transshipment, shall be entitled to terminate the
transport there and to store them at any place selected by the Carrier at the
risk and expense of the Merchant; and or (d) if the Goods are loaded on the
Vessel, a vehicle or other means of transport whether or not approaching,
entering or attempting to enter the port of discharge or to reach the place of
delivery or attempting or commencing to discharge, shall be entitled to
discharge the Goods or any part thereof at any port or place selected by the
Carrier or to carry them back to the port of loading or place of receipt and
there discharge them. Any actions under (c) or (d) above shall constitute
complete and final delivery and full performance of this contract, and the
carrier thereafter be freed from any responsibility hereunder. (2) If, after
storage, discharge or any actions according to the preceding paragraph, the
Carrier makes arrangements to store and/or transship and or forward the Goods,
it is agreed that he shall do so as agent only for and at the sole risk and
expense of the Merchant without any liability whatsoever in respect of such
agency and the Merchant shall reimburse the Carrier forthwith upon demand all
extra freight, charges and extra expenses thereby incurred. (3) The situations
referred to in paragraph (1) above shall include, but shall not be limited to,
those caused by the existence or apprehension of war declared or undeclared,
hostilities, warlike or belligerent acts or operations, riots, civil commotions
or other disturbances; closure of, obstacle in or danger to any canal; blockade
of strikes, lockouts or other labour troubles whether partial or general and
whether or not involving employees of the Carrier or his sub-contractors;
congestion of port, wharf, sea terminal or any other place; shortage, absence or
obstacles of labour or facilities for loading, discharge, delivery or other
handling of the Goods; epidemics or diseases; bad weather, shallow water, ice,
landslip or other obstacles in navigation or haulage. (4) The Carrier, in
addition to all other liberties provided for in this Article, shall have liberty
to comply with orders, directions, regulations, recommendations or suggestions
as to departure, arrival route, ports of call, stoppage loading, discharge,
handling destination, delivery, quarantine or otherwise, howsoever given by any
government, public authorities or department thereof or any person acting or
purporting to act with authority of such government, public authorities or
department thereof or by any committee or person having,, under the terms of any
insurance on the Vessel, the right to give such order, directions, regulations,
recommendations or suggestions. If by reason of and or in compliance with any
such orders, directions, regulations, recommendations or suggestions anything is
done or is not done, the same shall be deemed to be included within the
contractual carriage and shall not be deemed to be a deviation.
9. (Unknown Clause) Any reference on the face hereof to marks, numbers,
description, quality, quantity, gauge, weight, measure, nature, kind, value and
any other particulars of the Goods is as furnished by the Merchant, and the
Carrier shall not be responsible for the accuracy
thereof. The merchant warrants to the Carrier that the particulars furnished by
him are correct and shall indemnify the Carrier against all loss, damage,
expenses, liability, penalties and fines arising or resulting from inaccuracy
thereof.
10. (Use of Container) Where the Goods receipt of which is acknowledged on the
face of this Bill of Lading are not already packed into container(s) at the time
of receipt, the Carrier shall be at liberty to pack and carry them in any type
of container(s).
11. (Carrier’s Container) (1) The Merchant shall assume full responsibility for
and shall indemnify the Carrier against any loss of or damage to the Carrier’s
container(s) and other equipment which occurs while in the possession or control
of the Merchant, his agents or inland carriers engaged by or on behalf of the
Merchant. (2) The Carrier shall in no event be liable for and the Merchant shall
indemnify and hold the Carrier harmless from and against any loss of or damage
to property of other persons or injuries to other persons caused by the
Carrier’s container(s) or the contents thereof during handling by, or while in
the possession or control of the Merchant, his agents or inland carriers engaged
by or on behalf of the Merchant.
12. (Container Packed by Merchant) If the cargo received by the Carrier is
container(s) into which contents have been packed by or on behalf of the
Merchant (1) this Bill of Lading is prima facie evidence of the receipt only of
the number of container(s) as shown on the face hereof; and the order and
condition of the contents and any particulars thereof (including marks and
numbers, number and kind of packages or pieces, description, quality, quantity,
gauge, weight, measure, nature, kind and value) are unknown to the Carrier, who
accepts no responsibility in respect thereof, and (2) the Merchant warrants that
the stowage of the contents of container(s) and their closing and sealing are
safe and proper and also warrants that the container(s) and contents thereof are
suitable for handling and carriage in accordance with the terms hereof including
Article 15; in the event of the Merchant’s breach of said warranties, the
Carrier shall not be responsible for any loss of or damage to in connection with
the Goods resulting from said breach and the Merchant shall be liable for loss
of or damage to any other property, or for personal injury or the consequences
of any other accidents or events whatsoever and shall indemnify the Carrier
against any kind of loss or liability suffered or incurred by the Carrier on
account of the said accidents or events, and (3) the Merchant shall inspect the
container(s) when the same are furnished by or on behalf of the Carrier, and
they shall be deemed to have been accepted by the Merchant as being in sound and
suitable condition for the purpose of the transport contracted herein, unless he
gives notice to the contrary in writing to the Carrier, and (4) the container(s)
are delivered by the Carrier with seals intact, such delivery shall be deemed as
full and complete performance of the carrier’s obligation hereunder and the
Carrier shall not be liable for any loss of or damage to the contents of the
container(s), and (5) the Carrier shall be at liberty to open the container(s)
and to inspect the contents of the container(s) without notice to the Merchant
at such time and place as the Carrier may deem necessary and all expenses
incurred therefrom shall be borne by the Merchant; in case the seals of
container(s) are broken by the customs or other authorities for inspection of
the contents of the said container(s), the Carrier shall not be liable for any
loss, damage, expenses or any other consequences arising or resulting therefrom.
13. (Special Container) (1) The Carrier shall not undertake to carry the Goods
in refrigerated, heated, insulated, ventilated or any other special container(s),
nor to carry special container(s) packed by or on behalf of the Merchant as
such; but the Carrier will treat such Goods or container(s) only as ordinary
goods or dry container(s) respectively, unless special arrangements for the
carriage of such Goods or container(s) have been agreed to in writing between
the Carrier and the Merchant and unless such special arrangements are noted on
the face of this Bill of Lading and unless special freight as required has been
paid. The Carrier shall not accept responsibility for the function of special
container(s) supplied by or on behalf of the Merchants. (2) As regards the Goods
which have been agreed to be carried in special container(s) the Carrier shall
exercise due diligence to maintain the facilities of the special container(s)
while they are in his actual custody and control, and shall not be liable for
any kind of loss of or damage to the Goods caused by latent defects, derangement
or breakage to facilities of the container(s). (3) If the Goods have been packed
into refrigerated container(s) by the Carrier and the particular temperature
range requested by the Merchant is inserted in this Bill of Lading, the Carrier
will set the thermostatic controls within the requested temperature range, but
does not guarantee the maintenance of such temperature inside the container(s).
(4) If the cargo received by the Carrier is refrigerated container(s) into which
the contents have been packed by or on behalf of the Merchant, it is the
obligation of the Merchant to stow the contents properly and set the
thermostatic controls exactly. The Carrier shall not be liable for any loss of
or damage to the Goods arising out of or resulting from the Merchant’s failure
in such obligation and further does not guarantee the maintenance of the
intended temperature inside the container(s).
14. (Dangerous Goods, Contraband) (1) The Carrier undertakes to carry the Goods
of an explosive, inflammable, radioactive, corrosive, damaging, noxious,
hazardous, poisonous, injurious or dangerous nature only upon the Carrier’s
acceptance of a prior written application by
the Merchant for the carriage of such Goods. Such application must accurately
state the nature, name, label and classification of the Goods as well as the
method of rendering them innocuous, with the full names and addresses of the
shipper and the consignee. (2) The Merchant shall undertake that the nature of
the Goods and the method of rendering them innocuous referred to in the
preceding paragraph is distinctly and permanently marked and manifested on the
outside of the package(s) and container(s) and shall also undertake to submit
the documents or certificate required by an applicable statutes or regulations
or by the Carrier. (3) Whenever the Goods are discovered to have been received
by the Carrier without complying with the paragraph (1) or (2) above or the
Goods are found to be contraband or prohibited by any laws or regulations of the
port of loading, discharge or call or any place or waters during the transport,
the Carrier shall be entitled to have such Goods rendered innocuous, thrown
overboard or discharged or otherwise disposed of at the Carrier’s discretion
without compensation and the Merchant shall be liable for and indemnify the
Carrier against any kind of loss, damage or liability including loss of freight,
and any expenses directly or indirectly arising out of or resulting from such
Goods. (4) The Carrier may exercise or enjoy the right or benefit conferred upon
the Carrier under the preceding paragraph whenever it is apprehended that the
Goods received in compliance with paragraphs (1) and (2) above become dangerous
to the Carrier, Vessel, cargo, persons and/or other property. (5) The Carrier
has the right to inspect the contents of the package(s) or container(s) at any
time and anywhere without the Merchant’s agreement but only at the risk and
expense of the Merchant.
15. (Deck Cargo) (1) The Carrier has the right to carry the Goods in container(s)
under deck or on deck. (2) When the Goods are carried on deck, the Carrier shall
not be required to specially note, mark or stamp any statement of ‘on deck
stowage’ on the face hereof, any custom to the contrary not withstanding. The
Goods so carried shall be subject to the applicable The Amended Hague Rules as
provided for in Article 2 hereof, and the stowage of such Goods shall constitute
under deck stowage for all purposes including general average. (3) The Carrier
shall not be liable in any capacity whatsoever for any non-delivery, misdelivery,
any delay or loss of or damage to the Goods which are carried on deck and
specially stated herein to be so carried, whether or not caused by the Carrier’s
negligence or the Vessel’s unseaworthiness.
16. (Live Animals and Plants) The Carrier shall not be responsible for any
accident, disease, mortality, loss of or damage to live animals, birds, reptiles
and fish and plants arising or resulting from any cause whatsoever including the
Carrier’s negligence or the Vessel’s unseaworthiness, and shall have the benefit
of all the provisions of this Bill of Lading, except those inconsistent with the
provisions of this Article.
17. (Valuable Goods) The Carrier shall not be liable to any extent for any loss
of or damage to or in connection with platinum, gold, silver, jewellery,
precious stones, precious metals, radioisotopes, precious chemicals, bullion,
specie, currency, negotiable instruments, securities, writings, documents,
pictures, embroideries, works of art, curios, heirlooms, collections of every
nature or any other valuable goods whatsoever including goods having particular
value only for the Merchant, unless the true nature and value of the Goods have
been declared in writing by the Merchant before receipt of the Goods by the
Carrier, and the same is inserted in this Bill of Lading and ad valorem freight
has been prepaid thereon.
18. (Heavy Lift) (1) The weight of a single piece or package exceeding 1000kg
gross must be declared by the Merchant in writing before receipt by the Carrier
and must be marked clearly and durably on the outside of the piece or package in
letters and figures not less than five centimetres high. (2) In case of the
Merchant’s failure in his obligations under the preceding paragraph, the Carrier
shall not be responsible for any loss of or damage to or in connection with the
Good, and at the same time the Merchant shall be liable for loss of or damage to
any property or for personal injury arising as a result of the Merchant's said
failure and shall indemnify the Carrier against any kind of loss or liability
suffered or incurred by the Carrier as a result of such failure.
19. (Delivery by Marks) (1) The Carrier shall not be liable for failure of or
delay in delivery in accordance with marks unless such marks shall have been
clearly and durable stamped or marked upon he Goods, package(s) and container(s)
by the Merchant before they are received by the Carrier in letters and numbers
not less than five centimetres high, together with names of the port of
discharge and place of delivery. (2) In no circumstances shall the Carrier be
responsible for delivery in accordance with other than leading marks. (3) The
Merchant warrants to the Carrier that the marks on the Goods, package(s) and
counter(s) correspond to the marks shown on this Bill of Lading and also in all
respects comply with all laws and regulations in force at the port of discharge
or place of delivery, and shall indemnify the Carrier against all loss, damage,
expenses, penalties and fines arising or resulting from incorrectness or
incompleteness thereof. (4) Goods which cannot be identified as to marks and
numbers, cargo sweepings, liquid residue and any unclaimed goods not otherwise
accounted for shall be allocated for the purpose of completing delivery to the
various merchants of goods of like character, in proportion to any apparent
shortage, loss of weight or damage, and such goods or parts thereof shall be
accepted as full and complete delivery.
20. (Delivery) (1) The Carrier shall have the right to deliver the Goods at any
time from or at the Vessel’s side, custom-house, warehouse, wharf, quay or any
other place designated by the Carrier within the geographic limits of the port
of discharge or place of delivery shown on the face hereof. (2) In any case the
Carrier’s responsibility shall cease when the Goods have been delivered to
Norfolk Island Lighterage Service.
.
(3) In case the cargo received by the Carrier is container(s) into which
contents have been packed by or on behalf of the Merchant, the Carrier shall
only be responsible for delivery of the total number of container(s) shown on
the face hereof, and shall not be required to unpack the container(s) and
deliver the contents thereof in accordance with brands, marks, numbers, sizes or
types of packages or pieces; provided, however, that at the Carrier’s absolute
discretion and upon the Merchant’s demand in writing reaching the Carrier at
least 3 days prior to the scheduled date of arrival of the Vessel at the port of
discharge concerned, container(s) may be unpacked and the contents thereof may
be delivered by the Carrier to one or more receivers in accordance with the
written instructions, in which case if the seal of the container(s) is intact at
the time of unpacking, all the Carrier’s obligations hereunder shall be deemed
to have been discharged and the Carrier shall not be responsible for any loss of
or damage to the contents arising or resulting from such delivery and the
Merchant shall be liable for an appropriate adjustment of the freight and any
additional charges incurred. (4) In case the Goods have been packed into
container(s) by the Carrier, the Carrier shall unpack the container(s) and
deliver the contents thereof and shall not be required to deliver the Goods in
container(s); provided, however, that at the Carrier’s absolute discretion and
subject to prior arrangement between the shipper and the Carrier, Goods may be
delivered to the Merchant in container(s), in which case if the container(s) are
delivered by the Carrier with seals intact, such delivery shall be deemed as
full and complete performance of the Carrier’s obligations hereunder and Carrier
shall not be responsible for any loss of or damage to the contents of the
container(s). (5) Optional delivery shall be granted only when arranged prior to
the time of receipt of the Goods and so expressly provided herein. The Merchant
desiring to avail himself of the option so expressed must give notice in writing
to the Carrier at the first port of call of the Vessel named in the option at
least 48 hours prior to the Vessel's arriving there, otherwise the Goods shall
be landed any of the optional ports at Carrier’s option and the Carrier’s
responsibility shall then cease.
21. (Transhipment and Forwarding) (1) Whether arranged beforehand or not, the
Carrier shall be at liberty without notice to carry the Goods wholly or partly
by the named or any other vessel(s), craft or other means of transport by water,
land or air, whether owned or operated by the Carrier or others. The Carrier may
under any circumstances whatsoever discharge the Goods or any part thereof at
any port or place for transhipment and store the same afloat or ashore and then
forward the same by any means of transport. (2) In case the Goods herein
specified cannot be found at the port of discharge or place of delivery or if
they be miscarried, they, when found, may be forwarded to their intended port of
discharge or place of delivery at the Carrier’s expense but the Carrier shall
not be liable for any loss, damage, delay or depreciation arising from such
forwarding.
22. (Fire) The Carrier shall not be responsible for any loss of or damage to the
Goods arising or resulting from fire occurring at any time and even though
before loading on or after discharge from the Vessel, unless caused by the
actual fault or privity of the Carrier.
23. (Lien) (1) The Carrier shall have a lien on the Goods, which shall survive
delivery, for all freight, dead freight, demurrage, damages, loss charges,
expenses and any other sums whatsoever payable by or chargeable to or for the
account of the merchant under this Bill of Lading and any contract preliminary
hereto and the cost and expenses of recovering the same, and may sell the Goods
privately or by public auction without notice to the Merchant. If on sale of the
Goods, the proceeds fail to cover the amount due and the cost and expenses
incurred, the Carrier shall be entitled to recover the deficit from the
Merchant. (2) If the Goods are unclaimed during a reasonable time, or whenever
in the Carrier’s opinion, the Goods will become deteriorated, decayed or
worthless, the Carrier may, at his discretion and subject to his lien and
without any responsibility attaching to him, sell, abandon or otherwise dispose
of such Goods solely at the risk and expense of the Merchant.
24. (Freight and Charges) (1) Freight may be calculated on the basis of the
particulars of the Goods furnished by the Merchant who shall be deemed to have
guaranteed to the Carrier the accuracy of the contents, weight, measure or value
as furnished by him, at the time of receipt of the Goods by the Carrier, but the
Carrier may, for the purpose of ascertaining the actual particulars, at any
time, open the container(s) and or package(s) and examine contents, weight,
measure and value of the Goods at the risk and expense of the Merchant. In case
of incorrect declaration of the contents, weight, measure or value of the Goods,
the Merchant shall be liable for and bound to pay to the Carrier, (a) the
balance of freight between the freight charged and that which would have been
due had the correct details been given, plus (b) as and by way of liquidated and
ascertained damages, a sum equal to the correct freight. (2) Full freight to the
port of discharge or place of delivery named herein shall be considered as
completely earned on receipt of the Goods by the Carrier, whether the freight be
stated or intended to be prepaid or to be collected at destination. The Carrier
shall be entitled to all freight and other charges due hereunder, whether
actually paid or not, and to receive and retain them irrevocably under any
circumstances whatsoever, whether the Vessel and or the Goods be lost or not, or
the voyage be broken up or frustrated or abandoned at any stage of the entire
transit. Full freight shall be paid on damaged or unsound Goods. (3) The payment
of freight and/or charges shall be made in full and in cash without any offset,
counterclaim or deduction. Where freight is payable at the port of discharge or
place of delivery, such freight and all other charges shall be paid in the
currency named in this Bill of Lading, or at Carrier’s option, in other currency
subject to the regulations of the freight conference concerned or custom at the
place of payment. If no currency is named in this Bill of Lading then the
Currency shall be Australian currency. (4) Goods once received by the Carrier
cannot be taken away or disposed of by the Merchant except upon the Carrier’s
consent and against payment of full freight and compensation for any loss
sustained by the Carrier through such taking away or disposal. If the Goods are
not available when the Vessel is ready to load the Carrier is relieved of any
obligation to load such Goods and the Vessel may leave the port without further
notice and dead freight shall be paid by the merchant. (5) The Merchant shall be
liable for, and indemnify the Carrier against all dues, duties, taxes and
charges including consular fees levied on the Goods, or all fines and or loss
sustained or incurred by the Carrier in connection with the Goods howsoever
caused, including the Merchant’s failure to comply with laws and regulations of
any government or public authorities in connection with the Goods or to procure
consular, Board of Health or other certificate to accompany the Goods. The
Merchant shall be liable for return freight and charges on the Goods refused
exportation or importation by any government or public authorities. If the
Carrier is of the opinion that the Goods stand in need of sorting, inspecting,
mending or repairing or reconditioning or otherwise require protecting or caring
for, the Carrier may carry out such work at the cost and expense of the
Merchant. The Merchant authorises the Carrier to pay and or incur all such
charges and expenses and to do any matters mentioned above at the expense of and
as agents for the Merchant and to engage other persons to regain or seek to
regain or seek to regain possession of the Goods and do all things deemed
advisable for the benefit of the goods. (6) The shipper, consignee, owner of the
Goods and holder of this Bill of Lading shall be jointly and severally liable to
the Carrier for the Payment of all freight and charges and for the performance
of the obligation of each of them hereunder.
25. (Notice of Claim and Time for Suit) (1) Unless notice of loss or damage and
the general nature of such loss or damage be given in writing to the Carrier at
the Port of discharge or place of delivery before or at the time of delivery of
the Goods or, if the loss or damage be not apparent, within 3 days after
delivery, the Goods shall be deemed to have been delivered as described in this
Bill of Lading. (2) In any event the Carrier shall be discharged from all
liability in respect of non-delivery, misdelivery, delay, 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.
26. (Limitation of Liability) (1) All claims for which the Carrier may be liable
shall be adjusted and settled on the basis of the Merchant’s net invoice cost,
plus freight and insurance premium, if paid. In no event shall the Carrier be
liable for any loss of profit or any consequential loss. (2) As far as the loss
of or damage to or in connection with the goods occurred during the part of
carriage to which the The Amended Hague Rules shall apply, (i) the Carrier shall
not be liable for loss or damage in an amount exceeding the equivalent of
666.67SDR per package or unit or 2SDR per kilogram of Gross Weight of the goods
lost or damaged, whichever is the higher, unless the value of the Goods higher
than this amount has been declared in writing by the merchant before receipt of
the Goods and inserted in this Bill of Lading together with nature thereof and
extra freight has been paid as required. If the actual value of the Goods per
package or unit exceeds such declared value, the value shall nevertheless be
deemed to be the declared value and the Carrier’s liability, if any, shall not
exceed the declared value. Any partial loss or damage shall be adjusted pro rata
on the basis of such declared value. In case the declared value is markedly
higher than the actual value, the Carrier shall in no event be liable to pay any
compensation, and (ii) where the cargo has been either packed into container(s)
or unitized into similar articles(s) of transport by or on behalf of the
Merchant, it is expressly agreed that the number of such container(s) or similar
article(s) of transport shown on the face hereof shall be considered as the
number of the packages) or unit(s) for the purpose of the application of the
limitation of liability provided for herein.
27. (General Average, New Jason Clause) (1) General average shall be adjusted,
stated and settled at Brisbane or any other port or place at the Carrier’s
option according to the York-Antwerp Rules, 1950, and as to matters not provided
for by these Rules, according to the laws and usages of the port or place of
adjustment, and in the currency selected by the Carrier. The general average
statement shall be prepared by the adjusters appointed by the Carrier. Average
agreement or bond and such cash deposit as the Carrier may deem sufficient to
cover the estimated contribution of the Goods and any salvage and special
charges thereon and any other additional securities as the Carrier may require
shall be furnished by the Merchant to the Carrier before delivery of the Goods.
(2) 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, or for the consequence of which, the Carrier is
not responsible by statute, contract or otherwise, the Goods and the Merchant
shall jointly and severally contribute with the Carrier in general average to
the payment of any sacrifices, loss 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 Goods. If a salving ship is owned or operated by the Carrier,
salvage shall be paid for as fully and in the same manner as if such salving
ship belonged to strangers.
28. (Both to Blame Collision) 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 the servants of the owner of the Vessel
in the navigation or in the management of the Vessel, the Merchant shall
indemnify the Carrier against all loss or liability which might be incurred
directly or indirectly to the other or non-carrying ship or her owners in so far
as such loss or liability represents loss of or damage to his Goods or any claim
whatsoever of the Merchant paid or payable by the other or non carrying ship or
her owners to the Merchant and set-off, recouped or recovered by the other or
non-carrying ship or her owners as part of their claim against the carrying
Vessel or the owner thereof. 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 object are at fault in respect of a
collision or contact.
29. Where the carriage evidenced by this Bill of Lading shall
provide for delivery of the goods at Norfolk Island, the Carrier shall not be
liable for any loss or damage of any nature whatsoever suffered by the Merchant
when the consignee/receiver shall have uplifted the goods referred to in this
Bill of Lading without presentation of the original copy of this Bill of Lading.
The Merchant acknowledges that at this port there is an absence of any proper
port infrastructure to properly control the delivery of cargoes to
consignees/receivers and which may give rise to the delivery of goods to
consignees/receivers without presentation of the Original Bill of Lading.
CONDITIONS
OF CONTRACT
NORFOLK SHIPPING CONSULTANTS PTY LTD
TRADING AS
NORFOLK FORWARDING SERVICES
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