Terms

“Carriage” means the whole or any part of the carriage, loading, unloading, handling and any and all other services whatsoever undertaken by the Carrier in relation to the Goods.

“Carrier” means CStar Line FZE, FZJOA1507, Jebel Ali Freezone, Dubai, United Arab Emirates
“Container” includes any container (including an open top container), flat rack, platform, trailer,
transportable tank, pallet or any other similar article used to consolidate the Goods and any connected equipment.

“Freight” includes all charges payable to the Carrier in accordance with the applicable Tariff and this bill of lading.

“Goods” means the whole or any part of the cargo and any packaging accepted from the Shipper and includes any Container not supplied by or on behalf of the Carrier.

“Hague Rules” means the provisions of the International Convention for the Unification of Certain Rules relating to Bills of Lading signed at Brussels on 25th August 1924.

“Holder” means any Person for the time being in possession of this Bill of Lading or to whom rights of suit and/or liability under this bill of lading have been transferred or vested.

“Merchant” includes the Shipper, Holder, Consignee, Receiver of the Goods, any Person owning or entitled to the possession of the Goods or of this bill of lading and anyone acting on behalf of such Person.

“Multimodal Transport” arises if the Place of Receipt and/or the Place of Delivery are indicated in the bill of lading in the relevant boxes.

“Ocean Transport” arises if the Carriage is not Multimodal Transport.

“Person” includes an individual, corporation, or other legal entity.

“Subcontractor” includes owners, charterers and operators of vessels (other than the Carrier), stevedores, terminal and groupage operators, road and rail transport operators, warehousemen, and any independent contractors employed by the Carrier performing the Carriage or whose services or equipment have been used for the Carriage and any direct or indirect subcontractors, servants and agents thereof whether in direct contractual privity or not.

“Terms and Conditions” means all terms, rights, defences, provisions, conditions, exceptions, limitations and liberties hereof.

“Vessel” means any water borne craft used in the Carriage under this bill of lading which may be a
feeder vessel or an ocean vessel.

The terms and conditions of the Carrier’s applicable Tariff are incorporated herein. Attention is drawn to the terms therein relating to free storage time and to container and vehicle demurrage or detention. Copies of the relevant provisions of the applicable Tariff are obtainable from the Carrier upon request. In the case of inconsistency between this bill of lading and the applicable Tariff, the bill of lading shall prevail.

The Merchant warrants that in agreeing to the Terms and Conditions hereof he is, or has the authority to contract on behalf of, the Person owning or entitled to possession of the Goods and this bill of lading.

4.1 The Carrier shall be entitled to sub contract on any terms whatsoever the whole or any part of the Carriage.

4.2 It is hereby expressly agreed that:

(a) No Subcontractor, agent or servant shall in any circumstances whatsoever be under any liability
whatsoever to the Merchant for any loss, damage or delay of whatsoever kind arising or resulting directly or indirectly from any act, neglect or default on the Subcontractor, agent or servant’s part while acting in the course of or in connection with the Goods or the Carriage of the Goods.

(b) (i) The Merchant undertakes that no claim or allegation whether arising in contract, bailment, tort or otherwise shall be made against any servant, agent, or Subcontractor of the Carrier which imposes or attempts to impose upon any of them or any vessel owned or chartered by any of them any liability whatsoever in connection with the Goods or the Carriage of the Goods whether or not arising out of negligence on the part of such Person. The Subcontractor, agent or servant shall also be entitled to enforce the foregoing covenant against the Merchant; and

(ii) if any such claim or allegation should nevertheless be made, to indemnify the Carrier against all consequences thereof.

(c) Without prejudice to the generality of the foregoing provisions of this clause, every exemption, limitation, condition and liberty contained herein (other than Art III rule 8 of the Hague Rules) and every right, exemption from liability, defence and immunity of whatsoever nature applicable to the Carrier or to which the Carrier is entitled hereunder including the right to enforce any jurisdiction provision contained
herein (clause 27) shall also be available and shall extend to every such Subcontractor, agent or servant, who shall be entitled to enforce the same against the Merchant.

4.3 The provisions of clause 4.2(c) including but not limited to the undertaking of the Merchant contained therein, shall extend to all claims or allegations of whatsoever nature against other Persons chartering space on the carrying vessel.

4.4 The Merchant further undertakes that no claim or allegation in respect of the Goods shall be made against the Carrier by any Person other than in accordance with these Terms and Conditions which imposes or attempts to impose upon the Carrier any liability whatsoever in connection with the Goods or the Carriage of the Goods, whether or not arising out of negligence on the part of the Carrier, and if any such claim or allegation should nevertheless be made, to indemnify the Carrier against all consequences
thereof.

5.1 Where the Carriage is Ocean Transport, the Carrier undertakes to perform and/or in his own name to procure performance of the Carriage from the Port of Loading to the Port of Discharge. The liability of the Carrier for loss of or damage to the Goods occurring between the time of acceptance by the Carrier of custody of the Goods at the Port of Loading and the time of the Carrier tendering the Goods for delivery at the Port of Discharge shall be determined in accordance with Articles 1-8 of the Hague Rules save as is otherwise provided in these Terms and Conditions. These articles of the Hague Rules shall apply as a matter of contract.

5.2 The Carrier shall have no liability whatsoever for any loss or damage to the Goods, howsoever
caused, if such loss or damage arises before acceptance by the Carrier of custody of the Goods or after the Carrier tendering the cargo for delivery. Notwithstanding the above, to the extent any applicable compulsory law provides to the contrary, the Carrier shall have the benefit of every right, defence, limitation and liberty in the Hague Rules as applied by clause 5.1 during such additional compulsory period of responsibility, notwithstanding that the loss or damage did not occur at sea.

5.3 If the Carrier is requested by the Merchant to procure Carriage by an inland carrier and the inland carrier in his discretion agrees to do so, such Carriage shall be procured by the Carrier as agent only to the Merchant and Carrier shall have no liability for such carriage or the acts or omissions of such inland carrier.

5.4. The Carrier shall not be responsible for any fault of his personnel and of the vessel’s crew in cases of damage or loss caused by fire or explosion on board of the vessel or caused by the navigation or the management of the vessel.

5.5. The Carrier shall not be responsible for acts or omissions of a terminal operator to which the goods were submitted either by the Carrier or the Merchant.

Where the Carriage is Multimodal Transport, the Carrier undertakes to perform and/or in his own name to procure performance of the Carriage from the Place of Receipt or the Port of Loading, whichever is applicable, to the Port of Discharge or the Place of Delivery, whichever is applicable. The Carrier shall have no liability whatsoever for loss or damage to the Goods occurring before acceptance by the Carrier of custody of the Goods or after the Carrier tendering the Goods for delivery at the applicable points, and, the Carrier shall be liable for loss or damage occurring during the Carriage only to the extent set out below:

6.1 Where the stage of Carriage where loss or damage occurred is not known.

(a) The Carrier shall be relieved of liability for any loss or damage where such loss or damage was caused by:

(i) an act or omission of the Merchant or Person acting on behalf of the Merchant other than the Carrier, his servant, agent or Subcontractor;

(ii) compliance with instructions of any Person entitled to give them;

(iii) insufficient or defective condition of packing or marks;

(iv) handling, loading, stowage or unloading of the Goods by the Merchant or any Person acting on his behalf;

(v) inherent vice of the Goods;

(vi) strike, lock out, stoppage or restraint of labour, from whatever cause, whether partial or general;

(vii) a nuclear incident;

(viii) any cause or event which the Carrier could not avoid and the consequences whereof he could not prevent by the exercise of reasonable diligence.

(b) The burden of proof that the loss or damage was due to a cause(s) or event(s) specified in clause 6.1 shall rest on the Carrier, but if there is any evidence the loss or damage is attributable to one or more cause or event specified in clause

6.1(a)(iii), (iv) or (v), it shall be presumed that it was so caused. The Merchant shall, however, be entitled to prove that the loss or damage was not, in fact, caused either wholly or partly by one or more of these causes or events.

6.2 Where the stage of Carriage where the loss or damage occurred is known notwithstanding anything provided for in clause 6.1 and subject to clause 18, the liability of the Carrier in respect of such loss or damage shall be determined:

(a) if the loss or damage is known to have occurred during Carriage by sea by the Hague Rules Articles 1-8. These articles of the Hague Rules shall apply as a matter of contract; or

(b) if the loss or damage is known to have occurred during any inland carriage in accordance with the contract of carriage or tariffs of any inland carrier in whose custody the loss or damage occurred or in accordance with clauses 6.1 and clause 7.2(a), whichever imposes lesser liability on the Carrier.

7.1 Subject always to the Carrier’s right to limit liability as provided for herein, if the Carrier is liable for compensation in respect of loss of or damage to the Goods, such compensation shall be calculated by reference to the value of the Goods plus Freight and insurance if paid. The value of the Goods shall be determined with reference to the commercial invoice, customs declaration, any prevailing market price (at the place and time they are delivered or should have been delivered), production price or the reasonable value of Goods of the same kind and/or quality.

7.2 The Carrier’s liability shall in no event exceed 2 SDR per kilo of the gross weight of the Goods lost, damaged or in respect of which a claim of whatsoever nature arises;

7.3 Nothing in this bill of lading shall operate to limit or deprive the Carrier of any statutory protection, defence, exception or limitation of liability authorised by any applicable laws, statutes or regulations of any country. The Carrier shall have the benefit of the said laws, statutes or regulations as if it were the owner of any carrying Vessel.

8.1 The Carrier does not undertake that the Goods or any documents relating thereto shall arrive or be available at any point or place at any stage during the Carriage or at the Port of Discharge or the Place of Delivery at any particular time or to meet any particular requirement of any licence, permission, sale contract, or credit of the Merchant or any market or use of the Goods and the Carrier shall under no circumstances whatsoever and howsoever arising be liable for any direct, indirect or consequential loss or damage caused by delay.  If the Carrier should nevertheless be held legally liable for any such direct or indirect or consequential loss or damage caused by delay, such liability shall in no event exceed the Freight paid.

8.2 Save as is otherwise provided herein, the Carrier shall in no circumstances be liable for direct or indirect or consequential loss or damage arising from any other cause whatsoever or for loss of profits.

8.3 Once the Goods have been received by the Carrier for Carriage the Merchant shall not be entitled neither to impede, delay, suspend or stop or otherwise interfere with the Carrier’s intended manner of performance of the Carriage or the exercise of the liberties conferred by this bill of lading nor to instruct or require delivery of the Goods at other Port or Place than the Port of Discharge or Place of Delivery named in the bill of lading or such other Port or Place selected by the Carrier in the exercise of the liberties herein, for any reason whatsoever. The Merchant shall indemnify the Carrier against all claims, liabilities, losses, damages, costs, delays, attorney fees and/or expenses caused to the Carrier, his Subcontractors, servants or agents or to any other cargo or to the owner of such cargo during the Carriage arising or resulting from any impediment, delay, suspension, stoppage or interference whatsoever in the Carriage of the Goods.

8.4 These Terms and Conditions shall govern the responsibility of the Carrier in connection with or arising out of the supplying of a Container to the Merchant whether before, during or after the Carriage.

Unless notice of loss or damage and the general nature of such loss or damage be given in writing to the Carrier or his agents at the Place of Delivery (or Port of Discharge if no Place of Delivery is named in the bill of lading) before or at the time of removal of the Goods or if the loss or damage is not apparent within three days thereafter, such removal shall be prima facie evidence of the delivery by the Carrier of the Goods as described in this bill of lading. In any event, the Carrier shall be discharged from all liability whatsoever in respect of the Goods unless suit is brought within one year after their delivery or the date when they should have been delivered.

These Terms and Conditions shall apply in any action against the Carrier for any loss or damage whatsoever and howsoever occurring (and, without restricting the generality of the foregoing, including delay, late delivery and/or delivery without surrender of this bill of lading) and whether the action be founded in contract, bailment or in tort and even if the loss, damage or delay arose as a result of unseaworthiness, negligence or fundamental breach of contract.

If a Container has not been packed by the Carrier:

11.1 The bill of lading shall be a receipt only for such a Container;

11.2 The Carrier shall not be liable for loss of or damage to the contents and the Merchant shall indemnify the Carrier against any injury, loss, damage, liability or expense whatsoever incurred by the Carrier if such loss of or damage to the contents and/or such injury, loss, damage, liability or expense has been caused by any matter beyond his control including, inter alia, without prejudice to the generality of this exclusion:

(a) the manner in which the Container has been packed; or

(b) the unsuitability of the Goods for carriage in Containers; or

(c) the unsuitability or defective condition of the Container; or

(d) the incorrect setting of any thermostatic, ventilation, or other special controls thereof, provided that, if the Container has been supplied by the Carrier, this unsuitability or defective condition could have been apparent upon reasonable inspection by the Merchant at or prior to the time the Container was packed.

11.3 The Merchant is responsible for the packing and sealing of all shipper packed Containers and, if a shipper packed Container is delivered by the Carrier with any original seal intact, the Carrier shall not be liable for any shortage of Goods ascertained at delivery.

11.4 The Shipper shall inspect Containers before packing them and the use of Containers shall be prima facie evidence of their being sound and suitable for use.

12.1 Goods, including Goods of a perishable nature, shall be carried in ordinary Containers without special protection, services or other measures unless there is noted in the bill of lading that the Goods will be carried in a refrigerated, heated, electrically ventilated or otherwise specifically equipped Container or are to receive special attention in any way.  The Merchant undertakes not to tender for Carriage any Goods which require refrigeration, ventilation or any other specialised attention without giving written notice of their nature and the required temperature or other setting of the thermostatic, ventilation or other special controls. If the above requirements are not complied with, the Carrier shall not be liable for any loss of or damage to the Goods howsoever arising.

12.2 The Merchant should note that refrigerated Containers are not designed

(a) to freeze down cargo which has not been presented for stuffing at or below its designated carrying temperature and the Carrier shall not be responsible for the consequences of cargo being presented at a higher temperature than that required for the Carriage; nor

(b) to monitor and control humidity levels, albeit a setting facility exists, in that humidity is influenced by many external factors and the Carrier does not guarantee the maintenance of any intended level of humidity inside any Container.

12.3 The term “apparent good order and condition” when used in this bill of lading with reference to goods which require refrigeration, ventilation or other specialised attention does not mean that the Goods, when received, were verified by the Carrier as being at the carrying temperature, humidity level or other condition designated by the Merchant.

12.4 The Carrier shall not be liable for any loss of or damage to the Goods arising from latent defects, derangement, breakdown, defrosting, stoppage of the refrigerating, ventilating or any other specialised machinery, plant, insulation and/or apparatus of the Container, Vessel, conveyance and any other facilities, provided that the Carrier shall before and at the beginning of the Carriage exercise due diligence to maintain the Container supplied by the Carrier in an efficient state.

The Carrier shall be entitled, but under no obligation, to open and/or scan any package or Container at any time and to inspect the contents. If it appears at any time that the Goods cannot safely or properly be carried or carried further, either at all or without incurring any additional expense or taking any measures in relation to the Container or the Goods, the Carrier may without notice to the Merchant (but as his agent only) take any measures and/or incur any reasonable additional expense to carry or to continue the Carriage thereof, and/or to sell or dispose of the Goods and/or to abandon the Carriage and/or to store them ashore or afloat, under cover or in the open, at any place, whichever the Carrier in his absolute discretion considers most appropriate, which sale, disposal, abandonment or storage shall be deemed to constitute due delivery under this bill of lading. The Merchant shall indemnify the Carrier against any reasonable additional expense so incurred. The Carrier in exercising the liberties contained in this clause shall not be under any obligation to take any particular measures and shall not be liable for any loss, delay or damage howsoever arising from any action or lack of action under this clause.

14.1 This bill of lading shall be prima facie evidence of the receipt by the Carrier in apparent good order and condition, except as otherwise noted, of the total number of Containers or other packages or units indicated in the box entitled “Carrier’s Receipt” in the bill of lading.

14.2 No representation is made by the Carrier as to the weight, contents, measure, quantity, quality, description, condition, marks, numbers or value of the Goods and the Carrier shall be under no responsibility whatsoever in respect of such description or particulars.

14.3 The Shipper warrants to the Carrier that the particulars relating to the Goods as set out in the bill of lading  have been checked by the Shipper on receipt of this bill of lading and that such particulars, and any other particulars furnished by or on behalf of the Shipper, are adequate and correct. The Shipper also warrants that the Goods are lawful goods, and contain no contraband, drugs or other illegal substances or stowaways, and that the Goods will not cause loss, damage or expense to the Carrier, or to any other cargo.

14.4 If any particulars of any letter of credit and/or import license and/or sales contract and/or invoice or order number and/or details of any contract to which the Carrier is not a party are shown on the face of this bill of lading, such particulars are included at the sole risk of the Merchant and for his convenience. The Merchant agrees that the inclusion of such particulars shall not be regarded as a declaration of value and in no way increases Carrier’s liability under this bill of lading.

15.1 All of the Persons coming within the definition of Merchant in clause 1, including any principal of such Person, shall be jointly and severally liable to the Carrier for the due fulfilment of all obligations undertaken by the Merchant in this bill of lading.

15.2 The Merchant shall be liable for and shall indemnify the Carrier against all loss, damage, delay, fines, attorney fees and/or expenses arising from any breach of any of the warranties in clause

14.3 or elsewhere in this bill of lading and from any other cause whatsoever in connection with the Goods for which the Carrier is not responsible.

15.3 The Merchant shall comply with all regulations or requirements of customs, port and other authorities, and shall bear and pay all duties, taxes, fines, imposts, expenses or losses (including, without prejudice to the generality of the foregoing, Freight for any additional Carriage undertaken) incurred or suffered by reason of any failure to so comply, or by reason of any illegal, incorrect or insufficient declaration, marking, numbering or addressing of the Goods, and shall indemnify the Carrier in respect thereof.

15.4 If Containers supplied by or on behalf of the Carrier are unpacked by or for the Merchant, the Merchant is responsible for returning the empty Containers, with interiors clean, odour free and in the same condition as received, to the point or place designated by the Carrier, within the time prescribed. Should a Container not be returned in the condition required and/or within the time prescribed in the Tariff, the Merchant shall be liable for any detention, loss or expense incurred as a result thereof.

15.5 Containers released into the care of the Merchant for packing, unpacking or any other purpose whatsoever are at the sole risk of the Merchant until redelivered to the Carrier. The Merchant shall indemnify the Carrier for all loss of and/or damage and/or delay to such Containers, and all liability claims from third parties or costs or fines resulting from Merchant’s use of such Containers. Merchants are deemed to be aware of the dimensions and capacity of any Containers released to them.

16.1 Full Freight shall be payable based on particulars furnished by or on behalf of the Shipper. The Carrier may at any time open the Goods or Container(s) and, if the Shipper’s particulars are incorrect, the Merchant shall be liable for the correct Freight and any expenses incurred in examining, weighing, measuring, or valuing the Goods.

16.2 Full Freight shall be considered completely earned on receipt of the Goods by the Carrier and shall be paid and non-returnable in any event.

16.3 All sums payable to the Carrier are due on demand and shall be paid in full in United States currency or, at the Carrier’s option, in its equivalent in the currency of the Port of Loading or of Discharge or the Place of Receipt or of Delivery or as specified in the Carrier’s Tariff.

16.4 The Merchant’s attention is drawn to the stipulations concerning currency in which the Freight is to be paid, rate of exchange, devaluation, additional insurance premium and other contingencies relative to Freight in the applicable Tariff. In the event of any discrepancy between Freight (incl. charges etc) items in the bill of lading and any Carrier invoices, the latter shall prevail.

16.5 All Freight shall be paid without any set off, counter claim, deduction or stay of execution at latest before delivery of the Goods.

16.6 If the Merchant fails to pay the Freight when due he shall be liable also for payment of service fee, interest due on any outstanding and/or overdue sum reasonable attorney fees and expenses incurred in collecting any sums due to the Carrier. Payment of Freight and charges to a freight forwarder, broker or anyone other than the Carrier or its authorised agent, shall not be deemed payment to the Carrier and shall be made at the Merchant’s sole risk.

16.7 Despite the acceptance by the Carrier of instructions to collect Freight, duties, fees, demurrage/detention and costs and expenses from the shipper or consignee or any other Person, then, in the absence of evidence of payment (for whatever reason) by such shipper or consignee or other Person when due, the Merchant shall remain responsible for and for the payment of such Freight, duties, fees, demurrage/detention and costs and expenses on receipt of evidence of demand within the meaning of clause 16.3.

16.8 The Merchant shall be liable for all costs and expenses of fumigation, gathering and sorting loose cargo and weighing onboard, repairing damage to and replacing packing due to excepted causes, and any extra handling of the cargo for any of the aforementioned reasons.

The Carrier shall have a lien on the Goods and any documents relating thereto for all sums payable to the Carrier under this contract and for general average contributions to whomsoever due. The Carrier shall also have a lien against the Merchant on the Goods and any document relating thereto for all sums due by the Merchant to the Carrier under any other contract whether or not related to this Carriage. The Carrier may exercise its lien at any time and any place in its sole discretion, whether the contractual Carriage is completed or not. In any event any lien shall extend to cover the cost of recovering any sums due and for that purpose the Carrier shall have the right to sell the Goods by public auction or private treaty, without notice to the Merchant. The Carrier’s lien shall survive delivery of the Goods.

18.1 The Goods may be packed by the Carrier in Containers and consolidated with other goods in Containers.

18.2 Goods whether packed in Containers or not, may be carried on deck or under deck without notice to the Merchant. The Carrier shall not be required to note, mark or stamp on the bill of lading any statement of such on deck carriage. Save as provided in clause 18.3, such Goods (except livestock) carried on or under deck and whether or not stated to be carried on deck shall participate in general average and shall be deemed to be within the definition of goods for the purpose of the Hague Rules and shall be carried subject to such Rules, whichever is applicable.

18.3 Goods (not being Goods stowed in Containers other than flats or pallets) which are stated in the bill of lading to be carried on deck and livestock, whether or not carried on deck, are carried without responsibility on the part of the Carrier for loss or damage of whatsoever nature or delay arising during the Carriage whether caused by unseaworthiness or negligence or any other cause whatsoever and the Hague Rules shall not apply.

19.1 The Carrier may at any time and without notice to the Merchant:

(a) use any means of transport or storage whatsoever;

(b) transfer the Goods from one conveyance to another including transshipping or carrying the same on a Vessel other than the Vessel named in the bill of lading or by any other means of transport whatsoever and even though transshipment or forwarding of the Goods may not have been contemplated or provided for in  the bill of lading;

(c) unpack and remove the Goods which have been packed into a Container and forward them via Container or otherwise;

(d) sail without pilots, proceed via any route, (whether or not the nearest or most direct or customary or advertised route) at any speed and proceed to, return to and stay at any port or place whatsoever (including the Port of Loading provided in the bill of lading) once or more often, and in any order in or out of the route or in a contrary direction to or beyond the port of discharge once or more often;

(e) load and unload the Goods at any place or port (whether or not any such port is named in the bill of lading as the Port of Loading or Port of Discharge) and store the Goods at any such port or place;

(f)  comply with any orders or recommendations given by any government or authority or any Person or body acting purporting to act as or on behalf of such government or authority or having under the terms of the insurance on any conveyance employed by the Carrier the right to give orders or directions.

19.2 The liberties set out in clause 19.1 may be invoked by the Carrier for any purpose whatsoever whether or not connected with the Carriage of the Goods, including but not limited to loading or unloading other goods, bunkering or embarking or disembarking any person(s), undergoing repairs and/or drydocking, towing or being towed, assisting other vessels, making trial trips and adjusting instruments. Anything done or not done in accordance with clause 19.1 or any delay arising therefrom shall be deemed to be within the contractual Carriage and shall not be a deviation.

If at any time Carriage is or is likely to be affected by any hindrance, risk, danger, delay, difficulty or disadvantage of whatsoever kind and howsoever arising which cannot be avoided by the exercise of reasonable endeavours, (even though the circumstances giving rise to such hindrance, risk, danger, delay, difficulty or disadvantage existed at the time this contract was entered into or the Goods were received for Carriage) the Carrier may at his sole discretion and without notice to the Merchant and whether or not the Carriage is commenced either:

(a) Carry the Goods to the contracted Port of Discharge or Place of Delivery, whichever is applicable, by an alternative route to that indicated in this bill of lading or that which is usual for Goods consigned to that Port of Discharge or Place of Delivery. If the Carrier elects to invoke the terms of this clause 20(a) then, notwithstanding the provisions of clause 19 hereof, he shall be entitled to charge such additional Freight as the Carrier may determine; or

(b) Suspend the Carriage of the Goods and store them ashore or afloat under these Terms and Conditions and endeavour to forward them as soon as possible, but the Carrier makes no representations as to the maximum period of suspension. If the Carrier elects to invoke the terms of this clause 20(b) then, notwithstanding the provisions of clause 19 hereof, he shall be entitled to charge such additional Freight and costs as the Carrier may determine; or

(c) Abandon the Carriage of the Goods and place them at the Merchant’s disposal at any place or port, which the Carrier may deem safe and convenient, whereupon the responsibility of the Carrier in respect of such Goods shall cease. The Carrier shall nevertheless be entitled to full Freight on the Goods received for the Carriage, and the Merchant shall pay any additional costs incurred by reason of the abandonment of the Goods. If the Carrier elects to use an alternative route under clause 20(a) or to suspend the Carriage under clause 20(b) this shall not prejudice his right subsequently to abandon the Carriage.

21.1 No Goods which are or which may become of a dangerous, noxious, hazardous, flammable, or damaging nature (including radioactive material) or which are or may become liable to damage any Persons or property whatsoever, and whether or not so listed in any official or unofficial, international or national code, convention, listing or table shall be tendered to the Carrier for Carriage without previously giving written notice of their nature, character, name, label and classification (if applicable) to the Carrier and obtaining his consent in writing and without distinctly marking the Goods and the Container or other covering on the outside so as to indicate the nature and character of any such Goods and so as to comply with any applicable laws, regulations or requirements. If any such Goods are delivered to the Carrier without obtaining his consent and/or such marking, or if in the opinion of the Carrier the Goods are or are liable to become of a dangerous, noxious, hazardous, flammable or damaging nature, they may at any time or place be unloaded, destroyed, disposed of, abandoned or rendered harmless without compensation to the Merchant and without prejudice to the Carrier’s right to Freight.

21.2 The Merchant warrants that such Goods are packed in a manner adequate to withstand the risks of Carriage having regard to their nature and in compliance with all laws, regulations or requirements which may be applicable to the Carriage.

21.3 The Merchant shall indemnify the Carrier against all claims, liabilities, loss, damage, delay, costs, fines and/or expenses arising in consequence of the Carriage of such Goods, and/or arising from breach of any of the warranties in clause 21.2 including any steps taken by the Carrier pursuant to clause 21.1 whether or not the Merchant was aware of the nature of such Goods.

21.4 Nothing contained in this clause shall deprive the Carrier of any of his rights provided for elsewhere.

22.1 Any mention in this bill of lading of parties to be notified of the arrival of the Goods is solely for information of the Carrier. Failure to give such notification shall not involve the Carrier in any liability nor relieve the Merchant of any obligation hereunder.

22.2 The Merchant shall take delivery of the Goods within the time provided for in the Carrier’s applicable Tariff. If the Merchant fails to do so, the Carrier may without notice unpack the Goods if packed in containers and/or store the Goods ashore, afloat, in the open or under cover at the sole risk of the Merchant. Such storage shall constitute due delivery hereunder, and thereupon all liability whatsoever of the Carrier in respect of the Goods or that part thereof shall cease and the costs of such storage shall forthwith upon demand be paid by the Merchant to the Carrier.

22.3 If the Carrier is obliged to discharge the Goods into the hands of any customs, port or other authority, such discharge shall constitute due delivery of the Goods to the Merchant under this bill of lading.

22.4 If the Goods are unclaimed within a reasonable time or whenever in the Carrier’s opinion the Goods are likely to deteriorate, decay or become worthless, or incur charges whether for storage or otherwise in excess of their value, the Carrier may at his discretion and without prejudice to any other rights which he may have against the Merchant, without notice and without any responsibility attaching to him sell, abandon or otherwise dispose of the Goods at the sole risk and expense of the Merchant and apply any proceeds of sale in reduction of the sums due to the Carrier by the Merchant.

22.5 Refusal by the Merchant to take delivery of the Goods in accordance with the terms of this clause and/or to mitigate any loss or damage thereto shall constitute a waiver by the Merchant to the Carrier of any claim whatsoever relating to the Goods or the Carriage thereof.

The Carrier shall be at liberty to carry the cargo or part thereof to the Port of Discharge by the said or other vessel or vessels either belonging to the Carrier or others, or by other means of transport, proceeding either directly or indirectly to such port.

The Both to Blame Collision and New Jason clauses published and/or approved by BIMCO and obtainable from the Carrier or his agent upon request are hereby incorporated herein.

25.1 General average to be adjusted at any port or place at the Carrier’s option and to be settled according to the York Antwerp Rules 1994, this covering all Goods carried on or under deck. General average on a Vessel not operated by the Carrier shall be adjusted according to the requirements of the operator of that Vessel.

25.2 Such security including a cash deposit as the Carrier may deem sufficient to cover the estimated contribution of the Goods and any salvage and special charges thereon, shall, if required, be submitted to the Carrier prior to delivery of the Goods. The Carrier shall be under no obligation to exercise any lien for general average contribution due to the Merchant.

25.3 Should the Carrier in its own discretion choose to post general average and/or salvage security due from cargo interests or pay general average and/or salvage contributions due from cargo interests, the Merchant hereby assigns to the Carrier all his rights in respect of the general average and/or salvage.

25.4 If a salving ship is owned or operated by the Carrier, salvage shall be paid for as fully as if the said salving ship belonged to strangers.

26.1 No servant or agent of the Carrier shall have the power to waive or vary any Terms and Conditions unless such waiver or variation is in writing and is specifically authorised or ratified in writing by the Carrier.

26.2 In the event that anything herein contained is inconsistent with any applicable international convention or national law, which cannot be departed from by private contract, the provisions hereof shall to the extent of such inconsistency but no further be null and void.

27.1 This bill of lading is governed and construed in accordance with English law, unless otherwise agreed by the Parties.

27.2. All disputes, controversies or claims arising from or in connection with this bill of lading, not resolved in a general order within 60 days, shall be referred to and finally resolved in the Dubai International Arbitration Centre (DIAC) under its Rules. The arbitration shall be settled by one arbitrator, appointed in accordance with the Rules. The seat of arbitration shall be Dubai International Arbitration Centre. The proceedings and all awards shall be in English. Alternatively and at the Carrier’s sole option, the Carrier may commence proceedings against the Merchant at a competent court of a place of business of the Merchant.

“Carrier” means CStar Line FZE, FZJOA1507, Jebel Ali Freezone, Dubai, United Arab Emirates

“Contract” means the Cover Page, Rate Sheets and these Service Contract Terms, any terms incorporated by reference, and any appendix hereto as may be amended from time to time.

“Merchant” includes the Shipper, Holder, Consignee, Receiver of the Goods, any Person owning or entitled to the possession of the Goods or of the relevant bill of lading and anyone acting on behalf of such Person.

“Shipper” means the party/parties appearing as shipper on any applicable Transport Document or shipping instruction and anyone acting on behalf of such party/parties.

“Tariff” means the terms and conditions of Carrier’s applicable tariffs, freight rate increases applicable to the movement of any commodities, charges, surcharges, rules, obligations, indemnities, regulations, arbitraries/additionals or terms), and any subsequent modifications thereto, which are published by the Carrier on its official website at cstarline.com or communicated by the Carrier otherwise with use of electronic means and obtainable from the Carrier upon request.

“Term” means the duration of the Contract, from the Effective Date until the Expiration Date.

“Transport Document” means Carrier’s bill of lading or sea waybill.

“Awarded Volume” means the volume indication provided by Shipper to Carrier in its annual award or nomination, or as otherwise communicated in writing when requesting Carrier’s rate quotation.

“Booking” means the placement of an application for the carriage services required for the cargo of the Merchant, including making reservation at the Carrier’s vessel for carriage of the Merchant’s cargo.

The Carrier’s Terms for Carriage, available at cstarline.com/terms (“Terms for Carriage”) or otherwise obtainable from the Carrier upon request, apply to all individual shipments under the Contract. Where reference is made to the Terms for Carriage in the Contract, such reference includes a reference to the Carrier’s applicable Tariff.

The rates and charges set forth in the Cover Page or the Rate Sheet shall not be overridden by the Transport Document or the Tariff. However, in the event any provision in Carrier's Transport Document limits or governs its liability for damages to persons or property (including cargo), delays, misdelivery, or any other provision of the Transport Document mandated by applicable law is or are in conflict with the Contract, the Transport Document shall prevail.

Rates, charges and surcharges of whatever nature ("Freight") are reflected in the Rate Sheet and the applicable Tariff, as applicable.

Unless Freight is specifically marked as fixed in the governing Tariff or the Rate Sheet is floating and is, therefore, not subject to change during the Term, while all other Freights may be subject to change in accordance with the terms and conditions of the governing tariff in effect on the date on which the carrying vessel is scheduled to depart from the Port of Loading.

Notwithstanding anything to the contrary in Service Contract, the Carrier and Shipper may agree on additional surcharges, including, but not limited to: Bunker Adjustment Factor (“BAF”), Low Sulphur Surcharge (“LSS”) which application shall follow a mechanism as communicated by the Carrier.

Such surcharge as filed in the Tariff shall be applied either as (i) a separate surcharge; or (ii) rolled into the Basic Ocean Freight. If the Surcharge is rolled into the Basic Ocean Freight, the Basic Ocean Freight rate will automatically change according to the corresponding surcharge published in Carrier’s Tariff from time to time.

For any additional surcharge following the Tariff as set out in (i) and (ii) above then any change in such surcharge will follow Carrier’s Tariff cycle. Notwithstanding the foregoing, Carrier reserves the right to carry out any ad-hoc reviews for surcharge in its sole discretion in case of any exceptional event(s) and in such cases any changed surcharge shall come into effect by one month pre-notice to the Shipper.

Carrier and Shipper may agree to have an additional surcharge calculated as per customer specific terms. Any customer specific terms need to be clearly described and accepted by the Carrier.

(a) Shipper accepts and acknowledges that during the Term of the Contract Carrier may be subject to regulatory or other industry-wide requirements relating to emissions, fuel bunker content requirements or a requirement to purchase allowances or otherwise make payments calculated by reference to Carrier’s emissions, or any other regulation whatsoever relating to de-carbonisation or any other environmental concern (each an “Emissions Regulation”).

(b) Shipper accepts and acknowledges that an Emissions Regulations may arise in any jurisdiction in which Carrier performs activities with any of its customers and that an Emissions Regulation may not yet be envisaged, implemented or in full force and effect as of the date of the Contract.

(c) Where Carrier is subject to one or more Emissions Regulation(s), Shipper shall pay to Carrier an amount assessed by the Carrier in the Carrier’s sole discretion as being the Carrier business cost of complying with that or with those Emissions Regulation(s) in performing the Contract.

Shipper and Carrier acknowledges and accepts that in addition, and notwithstanding anything contrary herein, the respective product specific terms as per the product separately agreed between Shipper and Carrier shall apply.

In case of conflict between the respective product specific terms and the terms of the Contract, the former shall prevail to the extent of such inconsistency.

As a consequence of regulatory requirement from the International Maritime Organization (IMO), the Shipper is responsible for the verification of the gross mass prior to loading on board of a container carrying cargo. Therefore, the Carrier reserves the right to charge a fee in cases where the shipper’s lack of compliance to this regulatory requirement results in additional costs to the Carrier.

If transit time, scheduled routing and/or mode of transport is provided in the Contract it is indicative only and the Carrier does not undertake that the Goods shall arrive or be available at the Port of Discharge or the Place of Delivery (as applicable) at any particular time nor that it shall be carried by the scheduled routing or the mode of transport indicated.

The Shipper shall be required to pay Carrier amounts required under the Contract or Carrier’s Transport Document upon receipt of an invoice.

The Shipper shall not require any further documentation from the Carrier prior to payment.

The invoice issued will be based on information received on the Shipping Instruction provided.
If in the Contract an exchange rate is provided, it serves as is indicative only and may therefore differ from the exchange rates on the invoice - unless it is directly stated otherwise.

In order for cargo to qualify for the rates and terms set forth in the Contract, the Shipper or affiliated concern must appear as shipper or consignee on the applicable Transport Document. Shipper shall furthermore reference the service contact number upon booking, on each Transport Document and set of shipping instructions for shipments tendered pursuant to the Contract.

Booking requests under the Contract are subject to space and equipment availability at such time (and/or at time of shipment). The Contract is not valid for hazardous cargo, unless otherwise specified and will only apply to the weight and type of cargo declared. At time of booking, acceptance of hazardous cargo is subject to the acceptance policy of involved ports & vessels.

The Shipper is responsible for the verification of the gross mass of its cargo prior to loading on board of a container carrying cargo. Therefore, the Carrier reserves the right to charge a fee in cases where the Shipper’s lack of compliance to this regulatory requirement results in additional costs to the Carrier.

The provision of the services is subject to changes in the Carrier's schedule/service patterns. Should the Carrier for any reason discontinue service to/from any origin/destination under the Contract, it shall not be required to continue to carry cargo to/from such origin/destination at the Tariff.

The Carrier shall have a lien on the Goods and any documents relating thereto for all sums payable to the Carrier under this contract and for general average contributions to whomsoever due. The Carrier shall also have a lien against the Merchant on the Goods and any document relating thereto for all sums due by the Merchant to the Carrier under any other contract whether or not related to this Carriage. The Carrier may exercise its lien at any time and any place in its sole discretion, whether the contractual Carriage is completed or not. In any event any lien shall extend to cover the cost of recovering any sums due and for that purpose the Carrier shall have the right to sell the Goods by public auction or private treaty, without notice to the Merchant. The Carrier’s lien shall survive delivery of the Goods.

In order to facilitate allocation of vessel space, Carrier may agree upon a non-binding regular allocation per service/direction based on an even spread of the Awarded Volume, or seasonal distribution if mutually agreed. Carrier may in its discretion adjust the intended allocation for any service(s)/direction(s) at any time, without prior notice.    

Notwithstanding mentioned above the Carrier offers no space guarantee, and loading of cargo shall be subject to space and equipment availability at the time of shipment.

The Shipper agrees to pay on his own account (and does hereby agree to indemnify and hold the Carrier harmless from and against) all taxes, levies, imposts, duties, charges or withholding of any nature (together with any penalties, fines or interest thereon) imposed according to the national legislation on, and/or relation to, any payments and services hereunder. Such taxes, levies, imposts, duties, charges or withholding of any nature shall not in any way decrease and/or prejudice any sums due to the Carrier under the Contract.

The Shipper is responsible for and warrants its compliance with all applicable laws, rules and regulations, including, but not limited to, the export laws and government regulations of any country to, from, or through which the goods may be carried, including, without limitation the comprehensive economic and trade sanctions imposed by relevant regulators in respective countries. To the extent applicable, Shipper warrants that it has obtained all necessary export, re-export, and/or import licenses or permits and the Carrier is not required to obtain any special license or permit in connection with The Carrier’s performance hereunder. The Shipper further warrants that it or any party the Shipper endorses any Transport Document to is not a party identified on the U.S. Treasury Department’s list of Specially Designated Nationals and Blocked Persons or any other list of prohibited or denied parties maintained by the E.U., U.S.A. or any other country as applicable. The Shipper also warrants that the goods are not intended to be used in the design, development or production of nuclear, chemical or biological weapons. Shipper shall indemnify and hold the Carrier harmless to the full extent of any loss, damage, cost, expense, or liability to the carrier including lost profits, attorney’s fees and court costs for any failure or alleged failure of Shipper to comply with applicable export and import laws and regulations of any country. The Carrier assumes no liability to Shipper or any other person for any loss or expense arising from Shipper’s failure to comply with applicable laws.

For trades subject to the China Maritime Regulations, Freight that varies from the Tariff shall not be binding on the Carrier unless included in a service contract or service contract amendment that has been filed with the Shanghai Shipping Exchange.

The Shipper and the Carrier represents and undertakes that in the performance of the Contract, it and all of its affiliates, directors, officers or sub-contractors will comply in all material respects with all applicable laws, rules, regulations or similar instruments including relating to anti-corruption, competition law and foreign trade controls (export controls and sanctions laws of all relevant regulators).
For the purposes of clarity:

(a) Neither Party will give, promise or attempt to give or approve the giving of anything of value to any person, for illegal purposes or for improperly obtaining or retaining business.

(b) Neither Party shall deal, or cause the other Party to deal, with any person or entity in respect of transactions prohibited by foreign trade controls, except with the other Party’s prior written consent; or which could damage the other Party’s commercial or other reputation interests, even if not in violation of any foreign trade controls.

Each Party has established processes and maintains policies and procedures to prevent violation of this clause.

If a Party materially breaches any of its obligations or representations in this clause, the other Party may terminate the Contract with immediate effect without incurring any liability.

Carrier shall not be liable for any consequential, indirect or punitive damages or for loss of profits in connection with the Contract, the Bill of Lading or the Tariff.

Except to the extent required by law, or by request of a competent government entity, agency, court or tribunal thereof, or as otherwise necessary to comply with governmental requirements, the terms and conditions of the Contract may not be disclosed to third parties other than to affiliates who agree to be bound by the same confidentiality provisions. The Carrier may disclose to a third party terms and conditions of the Contract for the purposes of performing the Contract or collecting outstanding charges related hereto, including, but not limited, to ocean freight, demurrage and detention, combined demurrage and detention, storage.

The Shipper may not assign the Contract, including any or all of its rights, obligations or liabilities hereunder, or otherwise permit any other person or entity, directly or indirectly to utilize services, rates, or other terms provided by the Carrier under the Contract, without the prior written consent of the Carrier. The Carrier may assign or novate the Contract, including any or all of its rights and/or liabilities hereunder to any company or other entity by giving public notice or in other way informing the Shipper.

Shipper hereby agrees that a breach of the Contract by Carrier shall not create any lien or encumbrance on any vessel or other equipment owned, operated, leased or chartered by Carrier, its affiliates or its contracting parties. Shipper further hereby expressly and irrevocable waives any right it may have in law, equity, admiralty or otherwise to arrest or otherwise detain any such vessel or other equipment.

Any provision hereof which is prohibited or unenforceable in any jurisdiction shall not invalidate or render unenforceable any other provision of the Contract and/or of the present Service Contract Conditions.

In case of a dispute arising under or relating to the Contract for the payment of freight and charges, such dispute shall be handled pursuant to the law and jurisdiction clause in the Carrier's bill of lading. In the event the Shipper disputes an item invoiced by the Carrier or requires additional supporting documentation, the Shipper shall notify the Carrier in writing thereof within thirty (30) calendar days from the date of invoice, specifying the disputed item and requesting the Carrier to issue a credit note for the unaccepted part or whole of the invoice as applicable. In any event the Shipper shall in such circumstances be obliged to pay the undisputed part of a disputed invoice. If Carrier disagrees with the Shipper’s decision regarding the disputed item, the Carrier shall inform the Shipper in writing accordingly within thirty (30) calendar days after receipt of the Shipper's statement. In the event this dispute is resolved in favor of the Carrier, Shipper shall be responsible for immediate payment of the full invoice value.

Shipper shall be deemed to have accepted any Carrier invoice and waived any rights to dispute if Shipper fails to submit a dispute in writing within one (1) year from the date of Carrier’s invoice or one (1) year from the completion of the relevant carriage, whatever comes first. Any extension of this time bar must be granted by Carrier in writing as the case may be.

Claims arising out of the Contract are to be presented within six months after the arising of the reason for their submission.

Claim submission date is the date of receipt of the claim, indicated in the notification of receipt - in the case of post mailing, or the date of delivery indicated in the delivery report of the courier service - in the case of sending by courier.  

The Party, which had received claim is bound to consider it and to respond on the essence of the claim (to confirm the agreement for its full or partial satisfaction or to notify on the full or partial waiver to satisfy it), within 30 days from claim receipt.

The Contract is to be governed and construed in accordance with English law, unless otherwise agreed by the Parties.

All disputes, controversies or claims arising from or in connection hereunder, which are not resolved in a general order within 60 days, shall be referred to and finally resolved in the Dubai International Arbitration Centre (DIAC) under its Rules. The arbitration shall be settled by one arbitrator, appointed in accordance with the Rules. The seat of arbitration shall be Dubai International Arbitration Centre. The proceedings and all awards shall be in English. Alternatively and at the Carrier’s sole option, the Carrier may commence proceedings against the Merchant at a competent court of a place of business of the Merchant.

An explanation of abbreviations used by the Carrier in the Rate Sheet is available at from the Carrier upon request.

“Carrier” means CStar Line FZE, FZJOA1507, Jebel Ali Freezone, Dubai, United Arab Emirates.

“Container” includes any container (including an open top container), flat rack, platform, trailer, transportable tank, pallet or any other similar article used to consolidate the Goods and any connected equipment, owned by the Carrier or used by the Carrier under any other legal right.

“Contract” means the Cover Page, Rate Sheets and these General Terms for Container Equipment Use, any terms incorporated by reference, and any appendix as may be amended from time to time.

“Merchant” includes the Shipper, Holder, Consignee, Receiver of the Goods, any Person owning or entitled to the possession of the Goods or of the relevant bill of lading and anyone acting on behalf of such Person.

 “Contract of Carriage” means any contracts for the carriage of goods, whether evidenced by the Carrier’s paper bill of lading, waybill or otherwise, made between Carrier and the Merchant.

“User” means a Party of the Contract with the Carrier (or anyone acting on behalf of such Party), which is provided with Containers of the Carrier, released in the purpose of transportation, and undertakes to pay for the Containers’ use and for all related services as per terms provided for by the bill of lading, the Contract, these General Terms for Container Equipment Use and Tariffs of the Carrier.

“Export Shipments” describe shipments where an empty Container is released to the User under the Contract with the Carrier, before being packed and returned to Carrier and loaded on board a vessel by the Carrier.

“Import Shipments” means shipments where a Container has been shipped under a Contract of Carriage with the Carrier and has arrived at the Port of Discharge under that Contract of Carriage.

“Terms and Conditions” means all terms, rights, defences, provisions, conditions, exceptions, limitations and liberties hereof.

“Vessel” means any water borne craft used by the Carrier which may be a feeder vessel or an ocean vessel.

“Tariff” means the terms and conditions of Carrier’s applicable tariffs, charges, surcharges, rules, obligations, indemnities, regulations or terms), and any subsequent modifications thereto, which are published by the Carrier on its official website at http://www.cstarline.com or communicated by the Carrier otherwise with use of electronic means and obtainable from the Carrier upon request.

“Free Time” means the period for which Demurrage, Detention, Combined Demurrage and Detention and Storage (if applicable) shall not be paid by the User.

“Combined Demurrage and Detention” means compensation payable when the User holds Carrier’s Container beyond the agreed amount of Free Time for the combined period of inside and outside the terminal, port or depot.

“Demurrage” means compensation payable when the User holds Carrier’s Container inside the terminal, port or depot beyond the agreed amount of Free Time.

“Detention” means compensation payable when the User holds Carrier's Container outside the port, terminal or depot beyond the agreed amount of Free Time.

“Order” means the request of the User to the Carrier for the provision of services for the Containers’ use and for other related services, placed in accordance with these Terms and Conditions.

“Terminal” means a production and technological complex designed to carry out operations for the provision of forwarding and other services related to the transportation of cargo, i.e. railway container terminals, ports, depots, etc.

2.1. These Terms and Conditions define the procedure for the provision the User by the Carrier with the Containers, released in the purpose of transportation, and for arrangement of storage of the cargo in Containers and other terminal/cargo operations in the Terminals. The User undertakes to accept for the use the Containers of the Carrier and pay for the Containers’ use and for all related services as per terms provided for by the bill of lading, these Terms and Conditions, the Contract and Tariffs of the Carrier.

2.2. Amendments and/or additions to these Terms and Conditions are carried out by posting by the Carrier their new version on the Carrier’s official website at cstarline.com/terms. The relevant amendments and/or additions come into force from the moment the Carrier publishes a new version of the Terms and Conditions on the Carrier's official website.

2.3. The Carrier notifies the User on new editions of these Terms and Conditions by giving public notice or in other way informing the User. Notwithstanding the foregoing, the User shall independently monitor amendments and/or additions to these Terms and Conditions on the Carrier’s official website.  

3.1. The Parties consider the posting by the User of the Order for the issue of documents as a confirmation of the fact that the User has ordered the services for the use of container equipment under these Terms and Conditions in respect of container equipment which is listed in the bills of lading, railway consignment notes specified in the User's order.

3.2. The aforementioned Order shall be placed by sending e-mail to the Carrier. The Carrier confirms the acceptance of the Order for processing by sending the notice to the User in electronic form.

In a case that the User receives a notice without placing an Order, the User must immediately inform the Carrier of the refusal to order the services. The absence of such a written refusal confirms the fact of proper registration of the Order and the User's confirmation of payment of the Carrier service.

3.3. The beginning of the provision of services of the temporary use container equipment is to be considered as:

- the moment when the container equipment is discharged from the vessel or from a railway platform (if the route under the bill of lading includes land transportation) - in import;

- the time when the container equipment is provided to the User - in export.

3.4. The services rendered on the initiative of the supervising authorities, shall be treated as the User's Orders placed directly to the address of the Carrier, and shall be paid in accordance with the prescribed procedure.

4.1. The User undertakes to unstuff or take out container equipment from the Terminal territory within the period established by law for customs clearance.

4.2. The duration of stay of Container in the territory of the Terminal is to be considered by the Parties as the period of usage of container equipment by the User.

4.3. The Carrier may engage third parties for the performance of its obligations under these Terms and Conditions.

4.4. For import, the User undertakes to pay all the charges, including those related to handling and transshipment of the cargo at the port of transshipment and/or the last port of discharge, if the route according to the bill of lading includes land transportation in accordance with the Tariffs of the Carrier (if not paid by consignor to the Carrier) before the Container actually leaves the Terminal, as well as the costs of charges/surcharges to the freight and other expenses as per the terms of the bill of lading, invoice, tariffs or the instruction of the Carrier.

4.5. Until the freight (or parts thereof) is paid in full, the cargo/documents for cargo shall not be given to the User. The costs related to the lien on the cargo and/or any documents shall be paid by the User.

4.6. When receiving a Container for use for the export shipments, the User undertakes to pay all charges due in accordance with the Tariffs of the Carrier.

4.7. The standard period of use of Container during its stay on the territory of the Terminal depends on the type of Terminal and is established by the Tariff of the Carrier.

4.8. The User undertakes not to hand over the Containers (except for the purposes of completion of the international commercial operation) to any third party without the Carrier’s consent, and shall be fully responsible for the safety and integrity of the container equipment received for use.

5.1. During transfer and acceptance of the container equipment, the Parties shall perform a complete inspection of each Container. All identified damages, defects and other shortcomings shall be accordingly marked in the accompanying documents at delivery and acceptance of the Container. The results of the inspection may be also included in the act to be signed by both Parties.

Unless the User puts respective marks in the accompanying documents at the acceptance, the Container shall deem to be delivered to the User in its appropriate operative condition.

5.2 The User may refuse to use Container outside the territory of the Terminal, including the case when a Container equipment defect is identified.

In this case, unstuffing of the Container shall be performed at the User's expense.

In case of refusal of the Container for other reasons, the costs of unstuffing of the Container, the fee for Container using, as well as the other costs of the Carrier must be paid by the User.

5.3. Acceptance of the defected Container by User entails the impossibility of further filing by the User of claims for losses related to such defect.

6.1. The User shall be responsible for any alterations of the Containers, as well as for damages, defects or any other similar shortcomings not marked by the User in the accompanying documents at the acceptance of the container equipment. Moreover, the User undertakes to compensate to the Carrier the full cost of repair of the containers, including transportation to the place of repair as well as the costs of container damage assessment.

6.2. In case the damaged Container is returned the User undertakes to pay charge at the rate of USD 150 per dry container and USD 350 per reefer container – Out of Service Charge (OOS charge). The OOS charge does not include repair costs.

In case the repair costs up to USD 50, the User will pay OOS charge and minimum repair costs at the rate of 50 USD, e.g. USD 200 (USD 150+50) per dry container and USD 400 (USD 350 + 50) per reefer container.

In case the repair costs exceed sum of USD 50, the User will pay OOS charge and the full actual repair costs according to the Carrier’s invoices.

6.3. a) The User undertakes to return the container with the faultless fittings, with existing CSC plate, fully cleaned up from remainders of cargo, contaminations, separation material, as well as any stickers indicating dangerous nature of the cargo.

Should the User fail to fulfill this requirement, it undertakes to pay penalties at the rate of 125 US dollars per container for every of such failure and to compensate the costs and damages incurred by the Carrier in connection with such non-performance, including, but not limited to, the costs for Container reposition to the place of cleaning and Container cleaning.

 

b) When exporting the User shall ensure that all stickers and markings on container equipment correspond to the nature of cargo on the moment of transferring the loaded container to the terminal in the port of loading  and/or to the railway station, if the route under the bill of lading includes land transportation.

Should the User fail to fulfill this requirement, it undertakes to pay penalties at the rate of 75 US dollars per container for every case of such failure and to compensate the costs and damages incurred by the Carrier in connection with such non-performance, including, but not limited to, the costs for Container reposition to the place of labeling and Container labeling or removal of labels/stickers.

 

6.4. In case of the Container loss or its damage, which led to the impossibility of recovery, the User undertakes to pay OOS charge and compensate to the Carrier Container’s cost in full at the following rates based on the Carrier`s invoice:

Container Type	USD
20 DC	5500
20 FR\OT	7900
40 DC	7500
40 HC	7500
40 FR\OT	7900
40’HCRH	20 000

 

 

6.5. The User is obliged not to allow the loading of the Carrier's Containers into semi-wagons, unless otherwise agreed by the Parties.

In case of loading the Carrier's Container into a semi-wagons, in violation of the terms of this clause, the Carrier has the right to charge and the User is obliged to pay a fine in the amount of 1200 USD per container for every of such failure.

7.1. The User shall beforehand coordinate with the Carrier within the working hours of the Carrier the place of return of an empty import Container before removal of a Container from the Terminal, but in any case 1 (one) working day before the scheduled date of return of an empty Container.

Should the Container be returned in violation of the Carrier instructions, the Container shall deem not to be handed over, and all the expenses related to the Container until the Container is handed over in accordance with the instruction, shall be on the User’s account.

In such case, the date of Container’s return shall deem to be the date of actual return of the Container to the proper stock/ terminal or another location according to the Carrier’s instruction.

Upon first request of the Carrier, the User shall provide to the Carrier, within one business day, documents confirming the Container’s return.

7.2. Should the User fail to fulfill the Carrier instructions on empty Containers’ return procedure, the User undertakes to pay the penalties at the rate of 300 US dollars per Container.

7.3. Expiry of the standard period of the Container use shall be:

- in case of import – the date of the Container’s return to the stock, station or another place indicated by the Carrier (according to instructions);

- in case of export – the date of entry of the loaded Container in the territory of the Terminal for further loading on a vessel and/or to the railway station, if the route under the bill of lading includes land transportation.

7.4. Container shall be considered totally lost if the return is delayed for more than 30 days:

In case of import – after the date of gate-out the loaded container from the port territory and/or from the territory of the railway station, if the route under the bill of lading includes land transportation;

In case of export – after the date of handover of the empty Container to the User for the loading for the subsequent international transportation.

In any case, the expiration of the period established above, and/or recognition of the Container as completely lost does not entail the transfer of ownership on Container.

8.1. The Carrier has the right to demand from the User to provide a Security Payment to secure the fulfillment of the obligations of the User specified in these Terms and Conditions. When realizing the right to demand a Security Payment, the Carrier issue an invoice to the User for the payment of a Security Payment (as a rule in response to the User’s Order). The amount of the Security Payment shall be calculated in accordance with the Tariffs and agreed with the Carrier. The Security Payment shall be returned to the User upon termination of all settlements between the Parties and based on an official request of the User; otherwise, it shall be remained by the Carrier as the Security Payment for the future obligations’ commitment. In case of the User fails to fulfill its obligations stated in these Terms and Conditions within 30 days from the date of the invoicing by the Carrier the amount of the Security Payment shall be credited against the fulfilling all possible obligations of the User unless the Parties agreed otherwise.

8.2. In the event of the User refusal to pay the Security Payment to the Carrier, the Carrier has the right to suspend the performance of the obligations under the present Terms and Conditions. All costs and expenses related to that suspension shall be paid by the User.

9.1. For Import Shipments, Combined Demurrage and Detention applies to the time counting from the Carrier discharging the Goods from a vessel at the port of discharge until gate-in of the empty Container into the terminal, port or depot agreed with Carrier.

9.2. For Import Shipments, Demurrage applies to the time counting from the Carrier discharging the Goods from a vessel at the port of discharge until gate-out of the Container.

9.3. For Import Shipments, Detention applies to the time from gate-out of the Container until gate-in of the empty Container into the terminal, port or depot agreed with Carrier.

10.1. For Export Shipments, Combined Demurrage and Detention applies to the time from the gate-out of the empty Container until the Container is loaded on board a vessel under the Contract of Carriage.

10.2. For Export Shipments, Demurrage applies to the time from gate-in of the Container into the agreed terminal, port or depot until the Container is loaded on board a vessel under the Contract of Carriage.

10.3. For Export Shipments, Detention applies to the time from the gate-out of the empty Container until gate-in of the Container into the agreed terminal, port or depot.

11.1. The User is liable to pay the Compensation when the Free Time is exceeded.

11.2. Unless specifically agreed with Carrier, Compensation is applicable as per Tariffs available from the Carrier or its authorised agents or at http://www.cstarline.com.

Each Party represents and undertakes that in the performance of the Contract, it and all of its affiliates, directors, officers or sub-contractors will comply in all material respects with all applicable laws, rules, regulations or similar instruments including relating to anti-corruption, competition law and foreign trade controls (export controls and sanctions laws of the UN, the EU, the UK and US or other relevant regulator).

For the purposes of clarity:

(a) Neither Party will give, promise or attempt to give or approve the giving of anything of value to any person, for illegal purposes or for improperly obtaining or retaining business.

(b) Neither Party shall deal, or cause the other Party to deal, with any person or entity in respect of transactions prohibited by foreign trade controls, except with the other Party’s prior written consent; or which could damage the other Party’s commercial or other reputation interests, even if not in violation of any foreign trade controls.

Each Party has established processes and maintains policies and procedures to prevent violation of this clause.

If a Party materially breaches any of its obligations or representations in this clause, the other Party may terminate the Contract with immediate effect without incurring any liability.

 

The Carrier shall not be liable for any consequential, indirect or punitive damages or for loss of profits in connection with these Terms and Conditions, the Contract, the Bill of Lading or the Tariff.

The User may not assign the Contract, including any or all of its rights, obligations or liabilities , or otherwise permit any other person or entity, directly or indirectly to utilize services, rates, or other terms provided by the Carrier under the Contract, without the prior written consent of the Carrier. The Carrier may assign or novate the Contract, including any or all of its rights and/or liabilities, to any company or other entity by giving public notice or in other way informing the User.

 

The User agrees that a breach of the Contract by User shall not create any lien or encumbrance on any equipment owned, operated, leased or chartered by Carrier, its affiliates or its contracting parties. The User further expressly and irrevocably waives any right it may have in law, equity, admiralty or otherwise to arrest or otherwise detain any such equipment.

 

 

Any provision of these Terms and Conditions, which is prohibited or unenforceable in any jurisdiction, shall not invalidate or render unenforceable any other provision of the Contract and/or of the present Terms and Conditions.

17.1 The present Terms and Conditions are governed and construed in accordance with English law, unless otherwise agreed by the Parties.

17.2. Unless otherwise agreed by the Parties, all disputes, controversies or claims arising from or in connection with this Terms and Conditions shall be referred to and finally resolved in the Dubai International Arbitration Centre (DIAC) under its Rules. The arbitration shall be settled by one arbitrator, appointed in accordance with the Rules. The seat of arbitration shall be Dubai International Arbitration Centre. The proceedings and all awards shall be in English.