Common use of CLAUSE PARAMOUNT Clause in Contracts

CLAUSE PARAMOUNT. (A) This Bill of Lading shall have effect subject to COGSA unless a court were to rule that any other legislation of a nature similar to the Hague Rules, the Hague-Visby Rules, or the SDR Protocol compulsorily applies to this Bill of Lading. Where the Hague Rules, Hague-Visby Rules, or the SDR Protocol (collectively, “Hague Rules Legislation”) compulsorily applies, this Bill of Lading shall have effect subject to such Hague Rules Legislation. Notwithstanding anything else to the contrary in this Bill of Lading, on all Carriage to or from the United States of America, including its districts, territories, and possessions (collectively, the “U.S.”), this Bill of Lading shall have effect subject to COGSA, and Carrier and Merchant agree that under the section 13 of COGSA, it shall apply to Carriage between ports of the U.S., in lieu of the Xxxxxx Act, 46 U.S.C. §§ 30701-30707. (B) COGSA or the Hague Rules Legislation, whichever is applicable under clause 6(A), shall also apply contractually and govern the Carriage before the loading of the Goods aboard the Vessel and after their discharge, and throughout the entire time that the Goods are in the custody of Carrier or its Sub-Contractors. (C) COGSA or the Hague Rules Legislation, whichever is applicable under clause 6(A), is incorporated into this Bill of Lading. (D) Agency: Whenever Carrier undertakes to accomplish any act, operation, or service to which Carrier and Merchant did not initially agree or that is not stated on this Bill of Lading, Carrier shall act as Merchant’s agent and shall be under no liability for any loss of or damage to the Goods or any direct, indirect, or consequential loss arising out or resulting from such act, operation, or service.

CLAUSE PARAMOUNT. (A) This “Tariff Data Cancelled, Superseded by Tariff No. 101, A. To and from non-United States Ports. As far as this Bill of Lading shall have effect subject covers the Carriage of Goods by sea to COGSA unless a court were to rule that and from non-United States ports by the Carrier and any other legislation of a nature similar to the Hague RulesParticipating Carrier, the Hague-Visby Rules, or the SDR Protocol compulsorily applies to this Bill of Lading. Where the Hague Rules, Hague-Visby Rules, or the SDR Protocol (collectively, “Hague Rules Legislation”) compulsorily applies, Contract evidenced in this Bill of Lading shall have effect subject to the Hague-Visby Rules, if and as enacted in the country of shipment and any legislation making those Rules compulsorily applicable to this Bill of Lading shall be deemed incorporated herein and made part of this Bill of Lading contract. When no such Hague enactment is in force in the country of shipment, the Hague-Visby Rules Legislationwill apply. Notwithstanding anything else The Hague- Visby Rules shall also govern 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 the Carrier or Participating Carrier. The Hague-Visby Rules shall also apply to the contrary Carriage of Goods by inland waterways and reference to carriage by sea in such Rules or legislation shall be deemed to include reference to inland waterways. B. To or From United States Ports. If the Carriage called for in this Bill of Lading, on all Carriage Lading is a shipment to or from the United States of America, including its districts, territories, and possessions (collectivelyStates, the “U.S.”), this Bill liability of Lading the Carrier shall have effect subject be exclusively determined pursuant to COGSA, ; the Pomerene Act [49 U.S.C. §80101 et. seq.] for both export and Carrier import cargo moving to/from the United States; and Merchant agree that under the section 13 of COGSA, it shall apply to Carriage between ports Article 7-301 of the U.S., Uniform Commercial Code. The provisions cited in lieu of the Xxxxxx Act, 46 U.S.C. §§ 30701-30707. (B) COGSA or the Hague Rules Legislation, whichever is applicable under clause 6(A), and COGSA shall also apply contractually and govern the Carriage before the loading of the Goods aboard are loaded on and after they are discharged from the Vessel and after their discharge, and throughout the entire time that the Goods are in the actual custody of the Carrier or its Sub-ContractorsParticipating Carrier. (C) COGSA or the Hague Rules Legislation, whichever is applicable under clause 6(A), is incorporated into this Bill of Lading. (D) Agency: Whenever Carrier undertakes to accomplish any act, operation, or service to which Carrier and Merchant did not initially agree or that is not stated on this Bill of Lading, Carrier shall act as Merchant’s agent and shall be under no liability for any loss of or damage to the Goods or any direct, indirect, or consequential loss arising out or resulting from such act, operation, or service.

CLAUSE PARAMOUNT. The receipt, custody, carriage and delivery of the Goods are governed by the provisions of the transportation agreement which consists of (Ai) This Bill the terms and conditions of Lading shall have effect subject to COGSA unless a court were to rule that any other legislation Carrier's applicable freight tariffs, (ii) the terms and conditions stated on the front and back of a nature similar to this bill of lading, and (iii) the Hague Rules, the Hague-Visby Rules, or the SDR Protocol compulsorily applies to this Bill provisions of Lading. Where the Hague Rules, Hague-Visby Rules, or the SDR Protocol (collectively, “Hague Rules Legislation”) compulsorily applies, this Bill of Lading shall have effect subject to such Hague Rules Legislation. Notwithstanding anything else to the contrary in this Bill of Lading, on all Carriage to or from the United States Carriage of AmericaGoods by Sea Act ("COGSA"), including its districts, territories46 U.S.C. 30701 note except as provided in paragraph 22. The Shipper and Consignee shall be bound by all the provisions of the transportation agreement. Carrier shall also have the benefit of sections 4281 through 4286 and 4289 of the Revised Statutes of the United States and amendments thereto, and possessions (collectively, all other statutes of the “U.S.”), this Bill United States or any other country which may be applicable to grant Carrier exoneration from or limitation of Lading shall have effect subject to COGSA, and Carrier and Merchant agree that under the section 13 liability. The provisions of COGSA, it except as otherwise provided herein, shall be extended to apply to Carriage between ports of the U.S.Goods stowed on deck as provided in paragraph 7, in lieu of the Xxxxxx Act, 46 U.S.C. §§ 30701-30707. (B) COGSA or the Hague Rules Legislation, whichever is applicable under clause 6(A), shall also apply contractually and govern the Carriage before the loading of Goods are loaded on and after the Goods aboard are discharged from the Vessel and after their dischargeVessel, and throughout the entire time that the Goods are in the actual or constructive custody of Carrier, its agents and independent contractors, including those persons and entities referred to in paragraph 5, provided that as to loss or damage occurring before the Goods are loaded to or after the Goods are discharged from the Vessel, and notwithstanding the provisions of COGSA Section 4(2)(q), the Shipper or Consignee and /or every person having an interest in the Goods shall bear the burden of proving that the actual fault or privity of Carrier or the fault or neglect of Xxxxxxx's agents or servants contributed to the loss or damage. Nothing herein contained shall be deemed a surrender by Carrier of any of its Sub-Contractors. (C) COGSA rights or immunities or an increase of any of its responsibilities under COGSA. Notwithstanding the Hague Rules Legislationforegoing, whichever to the extent that another international convention or national law governing Carrier's liability is applicable under clause 6(A), is incorporated into this Bill of Lading. (D) Agency: Whenever Carrier undertakes to accomplish any act, operationmandatorily applicable, or service precludes the application of COGSA in the country in which a court having jurisdiction shall adjudicate a dispute arising out of the transportation agreement, then such international convention or national law shall to which Carrier that extent be applied in determining Carrier's liability in connection with such dispute. The provisions of the transportation agreement shall govern the relationships between the Shipper, Consignee and Merchant did not initially agree or that is not stated every person having an interest in the Goods, on this Bill of Ladingthe one hand, Carrier shall act as Merchant’s agent and Carrier, on the other hand and shall supersede any prior booking note, mate's or dock receipt, or other document to the extent conflicting. The terms and conditions of the transportation agreement shall be under no liability for severable. If any loss term or condition is invalid or unenforceable, or if any breach of or damage to deviation from any provision occurs, such circumstance shall not affect the Goods validity or any direct, indirect, or consequential loss arising out or resulting from such act, operation, or serviceenforceability of the remaining terms and conditions.

CLAUSE PARAMOUNT. (A) This A. To and from non-United States Ports. As far as this Bill of Lading shall have effect subject covers the Carriage of Goods by sea to COGSA unless a court were to rule that and from non-United States ports by the Carrier and any other legislation of a nature similar to the Hague RulesParticipating Carrier, the Hague-Visby Rules, or the SDR Protocol compulsorily applies to this Bill of Lading. Where the Hague Rules, Hague-Visby Rules, or the SDR Protocol (collectively, “Hague Rules Legislation”) compulsorily applies, Contract evidenced in this Bill of Lading shall have effect subject to the Hague-Visby Rules, if and as enacted in the country of shipment and any legislation making those Rules compulsorily applicable to this Bill of Lading shall be deemed incorporated herein and made part of this Bill of Lading contract. When no such Hague enactment is in force in the country of shipment, the Hague-Visby Rules Legislationwill apply. Notwithstanding anything else The Hague- Visby Rules shall also govern 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 the Carrier or Participating Carrier. The Hague-Visby Rules shall also apply to the contrary Carriage of Goods by inland waterways and reference to carriage by sea in such Rules or legislation shall be deemed to include reference to inland waterways. B. To or From United States Ports. If the Carriage called for in this Bill of Lading, on all Carriage Lading is a shipment to or from the United States of America, including its districts, territories, and possessions (collectivelyStates, the “U.S.”), this Bill liability of Lading the Carrier shall have effect subject be exclusively determined pursuant to COGSA, ; the Pomerene Act [49 U.S.C. §80101 et. seq.] for both export and Carrier import cargo moving to/from the United States; and Merchant agree that under the section 13 of COGSA, it shall apply to Carriage between ports Article 7-301 of the U.S., Uniform Commercial Code. The provisions cited in lieu of the Xxxxxx Act, 46 U.S.C. §§ 30701-30707. (B) COGSA or the Hague Rules Legislation, whichever is applicable under clause 6(A), and COGSA shall also apply contractually and govern the Carriage before the loading of the Goods aboard are loaded on and after they are discharged from the Vessel and after their discharge, and throughout the entire time that the Goods are in the actual custody of the Carrier or its Sub-ContractorsParticipating Carrier. (C) COGSA or the Hague Rules Legislation, whichever is applicable under clause 6(A), is incorporated into this Bill of Lading. (D) Agency: Whenever Carrier undertakes to accomplish any act, operation, or service to which Carrier and Merchant did not initially agree or that is not stated on this Bill of Lading, Carrier shall act as Merchant’s agent and shall be under no liability for any loss of or damage to the Goods or any direct, indirect, or consequential loss arising out or resulting from such act, operation, or service.

CLAUSE PARAMOUNT. The receipt, custody, carriage and delivery of the Goods are governed by the provisions of the transportation agreement which consists of (Ai) This Bill the terms and conditions of Lading shall have effect subject to COGSA unless a court were to rule that any other legislation of a nature similar to the Hague RulesCarrier’s applicable freight tariffs, the Hague-Visby Rulesif any, or agreements evidencing contract carriage (ii) the SDR Protocol compulsorily applies to terms and conditions stated on the front and back of this Bill bill of Lading. Where lading, and (iii) the Hague Rules, Hague-Visby Rules, or the SDR Protocol (collectively, “Hague Rules Legislation”) compulsorily applies, this Bill provisions of Lading shall have effect subject to such Hague Rules Legislation. Notwithstanding anything else to the contrary in this Bill of Lading, on all Carriage to or from the United States Carriage of America, including its districts, territoriesGoods by Sea Act (“COGSA”) 46 U.S.C. 1300 et seq. The Shipper and Consignee shall be bound by all the provisions of the transportation agreement. Carrier shall also have the benefit of sections 4281 through 4286 and 4289 of the Revised Statutes of the United States and amendments thereto, and possessions (collectively, all other statutes of the “U.S.”), this Bill United States or any other country which may be applicable to grant Carrier exoneration from or limitation of Lading shall have effect subject to COGSA, and Carrier and Merchant agree that under the section 13 liability. The provisions of COGSA, it except as otherwise provided herein, shall be extended to apply to Carriage between ports of the U.S.Goods stored on deck as provided in paragraph 7, in lieu of the Xxxxxx Act, 46 U.S.C. §§ 30701-30707. (B) COGSA or the Hague Rules Legislation, whichever is applicable under clause 6(A), shall also apply contractually and govern the Carriage before the loading of Goods are loaded on and after the Goods aboard are discharged from the Vessel and after their dischargeVessel, and throughout the entire time that the Goods are in the actual or constructive custody of Carrier, its agents and independent contractors, including stevedoring and terminal services contractors, provided that as to loss or damage occurring before the Goods are loaded to or after the Goods are discharged from the Vessel, and notwithstanding the provisions of COGSA Section 4(2)(q), the Shipper or Consignee and/or every person having an interest in the Goods shall bear the burden of proving that the actual fault or privity of Carrier or the fault or neglect of Carrier’s agents or servants contributed to the loss or damage. Nothing herein contained shall be deemed a surrender by Carrier of any of its Sub-Contractors. (C) COGSA rights or immunities or an increase of any of its responsibilities under COGSA. Notwithstanding the Hague Rules Legislationforegoing, whichever to the extent that another international convention or national law governing Carrier’s liability is applicable under clause 6(A), is incorporated into this Bill of Lading. (D) Agency: Whenever Carrier undertakes to accomplish any act, operationmandatorily applicable, or service precludes the application of COGSA in the country in which a court having jurisdiction shall adjudicate a dispute arising out of the transportation agreement, then such international convention or national law shall to which Carrier that extent be applied in determining Carrier’s liability in connection with such dispute. The provisions of the transportation agreement shall govern the relationships between the Shipper, Consignee and Merchant did not initially agree or that is not stated every person having an interest in the Goods, on this Bill of Ladingthe one hand, Carrier shall act as Merchant’s agent and Carrier, on the other hand and shall supersede any prior booking note, mate’s or dock receipt, or other document to the extent conflicting. The terms and conditions of the transportation agreement shall be under no liability for severable. If any loss term or condition is invalid or unenforceable, or if any breach of or damage to deviation from any provision occurs, such circumstance shall not affect the Goods validity or any direct, indirect, or consequential loss arising out or resulting from such act, operation, or serviceenforceability of the remaining terms and conditions.