BILL OF LADING CMA CGM Terms and Conditions Online Version 02.2020
BILL OF LADING CMA CGM Terms and Conditions Online Version 02.2020
BILL OF LADING CMA CGM Terms and Conditions Online Version 02.2020
1. DEFINITIONS
In this Bill of Lading the terms:
“Bill of Lading” means the present document whether called Bill of Lading, Paperless Bill of Lading or Waybill.
“Carriage” means the whole or any part of the operations and services undertaken by the Carrier in respect of the Goods.
“Carrier” means the Party on whose behalf this Bill of Lading is issued.
“Clean” means for Merchant’s stuffed and sealed Containers, a Container received in apparent good order and condition. In no circumstances is a representation
made as to the weight, contents, measure, quantity, quality, description, condition, marks or value of the Goods.
“Combined Transport” arises if the Place of Receipt and/or the Place of Delivery are indicated on the back hereof in the relevant spaces.
“Container” includes any Container, trailer, transportable tank, flat or pallet, or any similar article used to consolidate Goods and any equipment thereof or connected
thereto.
“Freight” means all charges payable to the Carrier in accordance with Applicable Tariff of this Bill of Lading, including without limitation, storage, demurrage, detention
and reefer services.
“Goods” means the whole or any part of the cargo received from the Shipper and includes any equipment or 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 and includes the amendments by the Protocols signed at Brussels on 23rd February, 1968 and 21st December, 1979, but only if such amendments are
compulsorily applicable to this Bill of Lading.
“Holder” means any Person for the time being in possession of this Bill of Lading by reason of the consignment of the Goods or the endorsement of this Bill of Lading or
otherwise.
“Indemnify” includes defend, indemnify and hold harmless.
“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 any such Person.
“On board” on the back of this Bill of Lading means on board any of the first mode of transportation used or procured by the Carrier, including rail, road, water and air
transport.
“Person” includes an individual, group, company or other entity.
“Port to Port” arises if the Carriage is not Combined Transport.
“Sub-Contractors” includes owners and operators of any Vessels (other than the Carrier), stevedores, terminal and groupage operators, Underlying Carriers, road and
rail transport operators and any independent contractor employed by the Carrier in performance of the Carriage.
“Underlying Carrier” includes any water, rail, motor, air or other Carrier utilised by the Carrier for any part of the transportation covered by the Bill of Lading.
“US COGSA” means the United States Carriage of Goods by Sea Act, 46 U.S.C. App. § 1300 et seq. as enacted 1936 and any subsequent recodification thereto.
“Vessel” means the intended ship, craft, lighter, barge, feeder or ocean vessel named on the back hereof and any ship, craft, lighter, barge, feeder or other ocean
vessel which is or shall be substituted, in whole or in part, for that vessel.
2. CARRIER’S TARIFF
Where the Carrier has set up applicable tariff (hereinafter the “Applicable Tariff“) to the Carriage, the Terms and Conditions of the Carrier’s Applicable Tariff are incorporated
herein. Particular attention is drawn to the Terms and Conditions therein relating to Container and vehicle demurrage. Copies of the relevant provisions of the Applicable
Tariff are obtainable from the Carrier or its agents upon request or on Carrier’s website www.cma-cgm.com. In the case of inconsistency between this Bill of Lading and
the Applicable Tariff, this Bill of Lading shall prevail.
4. WARRANTY
The Merchant warrants that in accepting this Bill of Lading it is, or has the authority of, the Person owning or entitled to the possession of the Goods and this Bill of Lading.
8. LIABILITY PROVISIONS
(1) Basis of Compensation
Without prejudice to any applicable limitation of liability in accordance with the provision set forth in Clause 6 hereof, the basis of compensation shall be limited to the
value of the Goods so damaged or lost (excluding insurance, custom fees, taxes, Freight and retail value). The value of the Goods shall be determined by reference to
the commercial invoice or the custom declaration. In no circumstance whatsoever, the Carrier shall be responsible for indirect damage, loss of profit or consequential
damage. Compensation shall only be payable if the Merchant has no debt – outstanding or not - with the Carrier and Carrier shall otherwise be entitled to pay the
claimant, or its representative, by way of credit note.
(2) Ad Valorem Liability
The Merchant agrees and acknowledges that the Carrier has no knowledge of the value of the Goods, and that compensation higher than that provided for in this Bill of
Lading may not be claimed unless, with the consent of the Carrier, the value of such Goods is declared by the Shipper prior to the commencement of the Carriage and
is stated in writing on this Bill of Lading and extra Freight is paid. In such a case, the amount of the declared value shall be substituted for the limits laid down in this Bill
of Lading. Any partial loss or damage shall be adjusted pro rata on the basis of such declared value. In any event, the compensation shall not exceed the actual
commercial value of the Goods as defined in Clause 8 (1).
(3) Delay
The Carrier does not undertake that the Goods shall arrive at the Port of Discharge or Place of Delivery at any particular time or to meet any particular market or use and
the Carrier shall in no circumstances whatsoever, and however arising be liable for direct, indirect or consequential loss or damage caused by delay. If notwithstanding
the foregoing the Carrier is held responsible for any delay, it is hereby expressly agreed that the Carrier’s liability shall be limited to the ocean Freight paid under this Bill
of Lading for the delayed Goods, exclusive of local charges and/or demurrage.
(4) US COGSA limitation to US carriage
When the Carriage is to or from the United States of America as stipulated in Clause 6 (1), and unless the nature and value of the Goods is declared on the back of the
Bill of Lading in the condition set out in Clause 8 (2), the Carrier’s limitation of liability in respect of the Goods, shall not exceed USD 500.00 per Container, package,
bundle, pallet, or other unit, or when the Goods are not shipped per Container, package, bundle, pallet or other unit, USD 500.00 per customary Freight units.
12. FREIGHT
(1) Freight shall be deemed fully earned upon booking of the Goods for the Carriage and shall be paid and non-returnable in any event. Should the Merchant cancel the
booking of the Goods for the Carriage, at any time and for any reason whatsoever, he shall be liable for the payment to the Carrier its agents, successors, or assignee, of a
penalty equal to the value of the Freight, including all charges, costs and expenses deriving from the cancellation of the booking.
(2) The Merchant’s attention is drawn to the stipulations concerning the currency in which the Freight is to be paid, rate of exchange, devaluation and other contingencies
relative to Freight in the Applicable Tariff.
(3) Freight has been calculated on the basis of particulars furnished by or on behalf of the Shipper. If the particulars furnished by or on behalf of the Shipper are incorrect, it
is agreed that liquidated damages shall be payable to the Carrier in accordance with the Applicable Tariff.
(4) The Merchant shall be responsible for the full payment to the Carrier, its agent, representatives, successors or assignees, of the entire Freight due pursuant to this Bill
of Lading on the agreed date and for its full amount, without possible deduction or set off of any sort. Merchant irrevocably agrees to waive any right of set-off between the
freight and any amount due under a contractual or tortious claim, which he has or may have against the Carrier and/or its Sub-Contractors, agents, officers, employees or
assignees, whether or not the claim is related to the Carriage under this Bill of Lading and without prejudice to its right to file such claim subsequently.
(5) Any Person engaged by the Merchant to perform forwarding services in respect of the Goods shall be considered to be the exclusive agent of the Merchant for all
purposes and any payment of Freight to such Person shall not be considered payment to the Carrier in any event. Failure of such Person to pay any part of the Freight to
the Carrier shall be considered a default by the Merchant in the payment of Freight.
(6) If the Merchant fails to pay the Freight upon the due date, then, without prejudice to any other right or remedy available to the Carrier, Carrier may at its option either (i)
postpone the fulfilment of its own obligations until full payment of the Freight; (ii) charge the Merchant interest on the amount unpaid, by applying per half year, for the first
semester of the relevant year, the bid interest rate of the European Central Bank in force as of the 1st of January of the said year and the one in force as of the 1st of July
for the second semester of the said year, increased by ten (10) percentage points, until payment is made in full ( a part of a month being treated as a full month) plus a
lump sum fee of forty (40) Euros for collection costs per issued invoice; (iii) terminate the contract upon expiry of a seven (7) calendar days written notice of the Carrier to
the Merchant which has remained without effect. In the event of a payment delay by the Merchant, the Carrier may also for any new delivery, require payment prior to
shipment or suspend or cancel the contract or any pending booking order regardless of the conditions that may have been agreed, without incurring any liabilities
whatsoever.
Whatever the option, the Merchant shall bear all attorneys’ fees, bailiffs’ fees and judicial costs incurred by the Carrier for the recovery of the unpaid Freight.
(7) Any credit granted by the Carrier to the Merchant shall be subject to the Carrier’s Standard Credit Terms, available upon request or on the website (link : http://www.cma-
cgm.com/products-services/shipping-guide/bl-clauses ).
13. LIEN
The Carrier its servants or agents shall have a lien on the Goods and any documents related thereto and a right to sell the Goods whether privately or by public auction
for all Freight (including additional Freight payable under Clause 12), primage, deadfreight, pre-Carriage and/or inland Carriage whatsoever, demurrage, Container
demurrage and storage charges, detention charges, salvage, general average contributions and all other charges and expenses whatsoever which are for the account of
the Goods or of the Merchant and for the costs and expenses of exercising such lien and of such sale and also for all previously unsatisfied debits whatsoever due to
him by the Merchant. The Carrier, its servants or agents shall also have a lien on the Goods carried under this Bill of Lading and any document relating thereto for all
sums including Freights an charges as above mentioned due and outstanding on any
other Contracts for the Carriage of Goods concluded between the Carrier, its servants or agents and the Merchant, at any time where such sums or Freights remains
due and unpaid.
If the goods are unclaimed during a reasonable time, or whenever in the Carrier’s opinion, the Goods are likely to become deteriorated, decayed or worthless, the Carrier
may, at its discretion without responsibility whatsoever, auction, sell, abandon or otherwise dispose of such Goods solely at the risk and expense of the Merchant. Nothing
in this Clause shall prevent the Carrier from recovering from the Merchant the difference between the amount due to him by the Merchant and the amount realised by the
exercise of the rights given to the Carrier under this Clause.
29. VALIDITY
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.
30. LAW
Except as specifically provided elsewhere herein, French law shall apply to the Terms and Conditions of this Bill of Lading, and French law shall also be applied in
interpreting the Terms and Conditions hereof, excluding its conflict of law provisions.
31. JURISDICTION
All claims and actions arising between the Carrier and the Merchant in relation with the contract of Carriage evidenced by this Bill of Lading shall be brought before the
Tribunal de Commerce de Marseille and no other Court shall have jurisdiction with regards to any such claim or action. Notwithstanding the above, the Carrier is also
entitled to bring the claim or action before the Court of the place where the defendant has his registered office.