Common use of COMBINED TRANSPORT Clause in Contracts

COMBINED TRANSPORT. (1) The carrier acts as agent for Merchant with regard to procuring inland and ocean transportation. If, for any reason, it is adjudged that the Carrier was not acting as the Merchant's agent, then in addition to the defenses and limitation of liability permitted to the Carrier by law and by this xxxx of lading, the Carrier shall also have the benefit of all defenses available to the participating carrier(s) by law and by the terms of its or their contracts of Carriage and tariffs, all of which shall be deemed incorporated in this xxxx of lading, as applicable and with respect to inland transportation of the Goods, Carrier will be afforded all of the defenses according to the provisions of any International Convention or national law which is compulsorily applicable in the country, where the inland transportation took place or, if no such law or convention is applicable, then according to the Participating Carrier's contracts of carriage and/or tariffs, if any. (2) Except as otherwise provided in this Xxxx of Lading, the Carrier shall be liable for loss of or damage to the Goods occurring from the time that the Goods are taken into his charge until the time of delivery to the extent set out below: (i) Where the stage of Carriage where the loss or damage occurred cannot be proved: (a) The Carrier shall be entitled to rely upon all exclusions of liability under the rules or legislation that would have applied under 2(A)(B\) above had the loss or damage occurred at sea or, if there was no carriage by sea, under the Hague Rules (or COGSA). (b) Where under (1) above, the Carrier is not liable in respect of some of the factors causing the loss or damage, it shall only be liable to the extent that those factors for which it is liable have contributed to the loss or damage. (c) Where the Hague Rules (or any legislation applying such rules or Hague-Visby Rules such as COGSA) is not compulsorily applicable the Carrier’s liability shall not exceed US $2.00 per kilo of the gross weight of the Goods lost, damaged or in respect of which the claim arises or the value of such Goods, whichever is the lesser. (d) The value of the Goods shall be determined according to the commodity exchange price at the place and time of delivery to the Merchant or at the place and time when they should have been so delivered, or, if there is no such price, according to the current market price be reference to the normal value of the Goods of the same kind and quality, at such place and time. (ii) Where the stage of Carriage where the loss or damage occurred can be proved: (a) The liability of the Carrier shall be determined by the provisions contained in any international convention of national law of the country which provisions, A. cannot be departed from by private contract to the detriment of the Merchant B. would have applied if the Merchant had made a separate and direct contract with the Carrier in respect of the particular stage of Carriage where the loss or damage occurred and had received as evidence thereof any particular document must be issued in order to make such international convention or national law applicable, and,

COMBINED TRANSPORT. (a) If the Carrier undertakes to perform and/or arrange for performance of the carriage of the Goods from 1) The carrier acts as agent for Merchant with regard to procuring inland and ocean transportation. If, for any reason, it is adjudged that the Carrier was not acting as the Merchant's agent, then in addition Place of Receipt to the defenses and limitation Port of liability permitted Discharge or the Place of Delivery or 2) from the Port of Loading to the Carrier by law and by this xxxx Place of ladingDelivery, the Carrier shall also have the benefit of all defenses available to the participating carrier(s) by law and by the terms of its or their contracts of Carriage and tariffsXxxxxxx’s liability, all of which shall be deemed incorporated in this xxxx of lading, as applicable and with respect to inland transportation of the Goods, Carrier will be afforded all of the defenses according to the provisions of any International Convention or national law which is compulsorily applicable in the country, where the inland transportation took place or, if no such law or convention is applicable, then according to the Participating Carrier's contracts of carriage and/or tariffs, if any. (2) Except as unless otherwise provided in this Xxxx bill of Ladinglading, shall be determined in accordance with the provisions of paragraphs 2 and 22. (b) During the period before loading to the vessel at the Port of Loading and after discharge from the vessel at the Port of Discharge, the Carrier shall be liable for loss of or damage to the Goods occurring from the time that the Goods are taken into his charge until the time of delivery to the extent set out below: (i) Where the stage of Carriage where the loss or damage occurred cannot be proved: (a) The Carrier shall be entitled to rely upon all exclusions of liability under rights, defenses, immunities, exemptions, or exonerations from liability, liberties and benefits contained or incorporated in the rules contract between the Carrier and any person by whom the carriage is performed or legislation that undertaken, whether directly or indirectly (including such persons listed in paragraph 5) and who would have applied under 2(A)(B\) above had the loss or damage occurred at sea or, if there was no carriage by sea, under the Hague Rules (or COGSA). (b) Where under (1) above, the Carrier is not liable in respect of some of the factors causing the loss or damage, it shall only be been liable to the extent Shipper or Consignee as if the Shipper or Consignee had contracted directly with such person or contained in any compulsory legislation applicable to such person. In no event shall Carrier’s liability under a combined transport bill of lading exceed that those factors for which it is liable have contributed determined pursuant to the loss or damageparagraphs 2 and 22. (c) Where If it cannot be determined at which stage of the Hague Rules (carriage the loss or any legislation applying such rules or Hague-Visby Rules such as COGSA) is not compulsorily applicable damage occurred, it shall be conclusively presumed to have occurred while the Vessel was at sea and Carrier’s liability shall not exceed US $2.00 per kilo of the gross weight of the Goods lost, damaged or in respect of which the claim arises or the value of such Goods, whichever is the lesser. (d) The value of the Goods shall be determined according to the commodity exchange price at the place in accordance with paragraphs 2 and time of delivery to the Merchant or at the place and time when they should have been so delivered, or, if there is no such price, according to the current market price be reference to the normal value of the Goods of the same kind and quality, at such place and time22. (ii) Where the stage of Carriage where the loss or damage occurred can be proved: (a) The liability of the Carrier shall be determined by the provisions contained in any international convention of national law of the country which provisions, A. cannot be departed from by private contract to the detriment of the Merchant B. would have applied if the Merchant had made a separate and direct contract with the Carrier in respect of the particular stage of Carriage where the loss or damage occurred and had received as evidence thereof any particular document must be issued in order to make such international convention or national law applicable, and,

COMBINED TRANSPORT. (1a) The carrier acts as agent for Merchant with regard to procuring inland and ocean transportation. If, for any reason, it is adjudged that the Carrier was not acting as the Merchant's agent, then in addition to the defenses and limitation of liability permitted to the Carrier by law and by this xxxx of lading, the Carrier shall also have the benefit of all defenses available to the participating carrier(s) by law and by the terms of its If either or their contracts of Carriage and tariffs, all of which shall be deemed incorporated in this xxxx of lading, as applicable and with respect to inland transportation both of the Goodsspaces on the front of this bill of lading for “Place of Receipt” or “Place of Delivery” have been completed, Carrier will be afforded all this is a Combined Transport bill of the defenses according to the provisions of any International Convention or national law which is compulsorily applicable in the country, where the inland transportation took place or, if no such law or convention is applicable, then according to the Participating Carrier's contracts of carriage and/or tariffs, if anylading and paragraphs (b),(c),and (d) shall apply. (2b) Except as The Carrier undertakes to perform and/or arrange for performance of the carriage of the Goods from the Place of Receipt or the Port of Loading, to the Port of Discharge or the Place of Delivery, whichever is applicable and Carrier’s liability, unless otherwise provided in this Xxxx bill of Ladinglading, shall be determined in accordance with the provisions of paragraphs 2 and 22. (c) During the period before loading to the vessel at the Port of Loading and after discharge from the vessel at the Port of Discharge, the Carrier shall be liable for loss entitled to all rights, defenses, immunities, exemptions, limitations of or damage to exonerations from liability, liberties and benefits contained or incorporated in the Goods occurring from contract between the time that Carrier and any person by whom the Goods are taken into his charge until the time of delivery to the extent set out below: carriage is performed or undertaken, whether directly or indirectly (iincluding such persons listed in paragraph 5) Where the stage of Carriage where the loss or damage occurred cannot be proved: (a) The Carrier shall be entitled to rely upon all exclusions of liability under the rules or legislation that and who would have applied under 2(A)(B\) above had the loss or damage occurred at sea or, if there was no carriage by sea, under the Hague Rules (or COGSA). (b) Where under (1) above, the Carrier is not liable in respect of some of the factors causing the loss or damage, it shall only be been liable to the extent that those factors for which it is liable have contributed Shipper or Consignee as if the Shipper or Consignee had contracted directly with such person or contained in any compulsory legislation applicable to the loss or damage. (c) Where the Hague Rules (or any legislation applying such rules or Hague-Visby Rules such as COGSA) is not compulsorily applicable the person. In no event shall Carrier’s liability shall not under a combined transport bill of lading exceed US $2.00 per kilo of the gross weight of the Goods lost, damaged or in respect of which the claim arises or the value of such Goods, whichever is the lesserthat determined pursuant to paragraphs 2 and 22. (d) The value If it cannot be determined at which stage of the Goods shall be determined according to the commodity exchange price at the place and time of delivery to the Merchant or at the place and time when they should have been so delivered, or, if there is no such price, according to the current market price be reference to the normal value of the Goods of the same kind and quality, at such place and time. (ii) Where the stage of Carriage where carriage the loss or damage occurred, it shall be conclusively presumed to have occurred can be proved: (a) The while the Vessel was at sea and Carrier’s liability of the Carrier shall be determined by the provisions contained in any international convention of national law of the country which provisions, A. cannot be departed from by private contract to the detriment of the Merchant B. would have applied if the Merchant had made a separate accordance with paragraphs 2 and direct contract with the Carrier in respect of the particular stage of Carriage where the loss or damage occurred and had received as evidence thereof any particular document must be issued in order to make such international convention or national law applicable, and,22.

COMBINED TRANSPORT. (1a) The carrier acts as agent for Merchant with regard to procuring inland and ocean transportation. If, for any reason, it is adjudged that If the Carrier was not acting as undertakes to perform and/or arrange for performance of the Merchant's agent, then in addition carriage of the Goods from the Place of Receipt or the Port of Loading to the defenses and limitation Port of liability permitted to Discharge or the Carrier by law and by this xxxx Place of ladingDelivery, the Carrier shall also have the benefit of all defenses available to the participating carrier(s) by law and by the terms of its or their contracts of Carriage and tariffsCarrier’s liability, all of which shall be deemed incorporated in this xxxx of lading, as applicable and with respect to inland transportation of the Goods, Carrier will be afforded all of the defenses according to the provisions of any International Convention or national law which is compulsorily applicable in the country, where the inland transportation took place or, if no such law or convention is applicable, then according to the Participating Carrier's contracts of carriage and/or tariffs, if any. (2) Except as unless otherwise provided in this Xxxx bill of Ladinglading, shall be determined in accordance with the provisions of paragraphs 2 and 22. (b) During the period before loading to the vessel at the Port of Loading and after discharge from the vessel at the Port of Discharge, the Carrier shall be liable for loss entitled to all rights, defenses, immunities, exemptions, limitations of or damage to exonerations from liability, liberties and benefits contained or incorporated in the Goods occurring from contract between the time that Carrier and any person by whom the Goods are taken into his charge until the time of delivery to the extent set out below: carriage is performed or undertaken, whether directly or indirectly (iincluding such persons listed in paragraph 5) Where the stage of Carriage where the loss or damage occurred cannot be proved: (a) The Carrier shall be entitled to rely upon all exclusions of liability under the rules or legislation that and who would have applied under 2(A)(B\) above had the loss or damage occurred at sea or, if there was no carriage by sea, under the Hague Rules (or COGSA). (b) Where under (1) above, the Carrier is not liable in respect of some of the factors causing the loss or damage, it shall only be been liable to the extent Shipper or Consignee as if the Shipper or Consignee had contracted directly with such person or contained in any compulsory legislation applicable to such person. In no event shall Carrier’s liability under a combined transport bill of lading exceed that those factors for which it is liable have contributed determined pursuant to the loss or damageparagraphs 2 and 22. (c) Where If it cannot be determined at which stage of the Hague Rules (carriage the loss or any legislation applying such rules or Hague-Visby Rules such as COGSA) is not compulsorily applicable damage occurred, it shall be conclusively presumed to have occurred while the Vessel was at sea and Carrier’s liability shall not exceed US $2.00 per kilo of the gross weight of the Goods lost, damaged or in respect of which the claim arises or the value of such Goods, whichever is the lesser. (d) The value of the Goods shall be determined according to the commodity exchange price at the place in accordance with paragraphs 2 and time of delivery to the Merchant or at the place and time when they should have been so delivered, or, if there is no such price, according to the current market price be reference to the normal value of the Goods of the same kind and quality, at such place and time22. (ii) Where the stage of Carriage where the loss or damage occurred can be proved: (a) The liability of the Carrier shall be determined by the provisions contained in any international convention of national law of the country which provisions, A. cannot be departed from by private contract to the detriment of the Merchant B. would have applied if the Merchant had made a separate and direct contract with the Carrier in respect of the particular stage of Carriage where the loss or damage occurred and had received as evidence thereof any particular document must be issued in order to make such international convention or national law applicable, and,