These General Conditions of the Carriage of Cargo (hereinafter called ‘the Conditions’) apply to the carriage of lorries, trailers and motor vehiclesas well as other vehicles, wagons, containers etc. by Polish Baltic Shipping Co. as well as other goods excluding goods carried against ‘The Passenger Contract of Carriage’ (therein passengers’ vehicles). The carriage of cargo by Polish Baltic Shipping Co. is subject to these Conditions only, unless agreed explicitly in writing otherwise. The Carrier reserves the right to accept or refuse specific cargo for carriage.
The titles of clauses of these Conditions are provided for reference only and are not binding for the wording or the interpretation of any of the provisions.
The following words and expressions used in these Conditions shall have the following meaning:
1. the Carrier: Polish Baltic Shipping Co. in Kołobrzeg
2. the Contract or the Contract of Carriage: the Contract of Carriage of Cargo concluded by and between the Carrier and the Shipper confirmed by a cargo ticket or other document.
3. the Shipper: the person in charge of a cargo and concluding a contract of carriage with the Carrier, and in particular the owner of the cargo or the forwarder. The liability of the persons to the Carrier is a joint liability.
4. the Consignee: the person authorised to receive cargo subject to the documents of carriage.
5. the Cargo: vehicle, truck-tractor, wagon, trailer, container or any other equipment or thing named in the Contract the number of which is agreed in the Contract (by number of pieces or transport units) with their contents providing, however, it is explicitly specified in the Contract.
6. Dangerous Cargo: any obnoxious or dangerous cargo that in the Carrier’s discretion may result in damage to the vessel, other cargo, persons or goods.
7. Excluded Cargo: dangerous cargo, valuables, live animals, plants, fresh meat, any other products / goods forbidden in the port of loading / discharging or in the Owner’s discretion.
8. the Owner: the person holding title to cargo.
9. Valuables: all goods commonly considered valuable, and in particular documents, jewellery, notes or coins, gems, antiques, works of art, securities.
10. the Vessel: any vessel used for the execution of the Contract of Carriage.
Contract of Carriage.
The Contract of Carriage is a legal act executed by and between the Carrier and the Shipper, evidenced by a cargo ticket or any other document. By concluding the Contract of Carriage the Carrier undertakes to carry goods by sea against payment.
Making a booking means making a binding offer to the Carrier to conclude the Contract of Carriage. The booking may be made verbally, by telephone, or in writing. The booking is valid subject to its confirmation by the Carrier only.
The Carrier has the right to use the services by third parties while executing the carriage or any part thereof, loading, discharging, stowing or any other duties necessary for the execution of the Contract of Carriage.
Statement by the Shipper
The Shipper states he is the owner or authorised agent of the owner and moreover that he is authorised to conclude the Contract of Carriage with the Carrier subject to these Conditions and to attend to cargo on his own behalf and on behalf of the Owner in a way as provided for in these Conditions.
The Cargo must be ready for loading no later than two hours prior to departure. Later arrival shall not constitute the ground for making a claim under refusal of carriage even in case earlier booking was made. Each vehicle (irrespective of being a single unit, a combined unit or a truck-tractor) including any container, trailer, pallet, package or any other equipment shall be considered one piece or one transport unit.
The Carrier may provide power supply to reefer vehicles, provided, however, the Carrier shall not be held liable should providing such power supply prove impossible. Persons accompanying vehicles must observe all regulations and comply with all orders and instructions by the Carrier, his servants or agents. During loading the driver of the vehicle coming on board must exercise utmost care, and in case of lack of necessary experience the driver is under the obligation to ask the deck officer for relevant assistance.
Responsibility by the Carrier.
The cargo is accepted, loaded, stowed, carried, discharged and stored by the Carrier pursuant to the Maritime Code of 18.09.2001 and Hague-Visby Rules (hereinafter called the ‘Rules’) with all statutory limitations and exclusions of liability of the Carrier and / or vessels in force and effect, providing, however, that:
1. Each vehicle (irrespective of being a single unit, a combined unit , a truck-tractor or half-tractor) including any container (containers), trailer (trailers), pallet (pallets), package (packages) or any other equipment including their respective contents (should same not be agreed cargo) shall be considered one piece or one transport unit.
2. The carrier's liability is limited by an amount equivalent to SDR 666.67 per unit of cargo, or SDR 2 for 1 kilogram of gross weight of lost or damaged goods.
3. Article 3 sub-clause 3, 4, 5, 6, 6 bis, 7, and Article 4 sub-clause 5(a) and (c) of the Rules are non-applicable.
4. In the event of a conflict with the Rules these Conditions shall prevail.
1. The Carrier shall not accept for carriage excluded Cargo unless agreed explicitly in writing, providing, however, that detailed information on such cargo was given to the Carrier in writing.
2. Should the Shipper deliver to the Carrier excluded Cargo other than specified in the written acceptance, then the Carrier shall, in his discretion, have the right to destroy or to attend to such excluded cargo in any way, and he shall not be held responsible by the Shipper as a result of such action in any way whatsoever.
3. When the Carrier has expressed his consent to accept dangerous cargo, he reserves the right, in his discretion, to damage it at any time, or to attend to such cargo in any other way, in case in the opinion of the Carrier it has become dangerous to other cargo, goods or persons.
4. The Shipper shall have no claim under any excluded Cargo stored or damaged pursuant to sub-clause (b) and (c) hereunder. The Shipper shall indemnify and hold the Carrier harmless for loss, damage, penalties, claims, costs and expenses borne or suffered under the carriage of excluded Cargo or its storage or damage.
1. The Shipper assures all cargo is sufficiently and properly packed and prepared for carriage by sea and states the Carrier shall not be held liable for loss or damage, improper delivery or delay suffered as a result improper package, handling or transfer of any Cargo in any circumstances whatsoever, and he undertakes to indemnify and hold the Carrier harmless against loss suffered due to the damage to the vessel during loading, discharging, or while on board.
2. The Carrier shall not sort outCargo unless agreed explicitly in writing.
3. The Carrier shall have the right to open any vehicle, container, truck-tractor or package and examine, remove or attend to the Cargo or its contents in any other way at the Shipper’s risk and expense, should that be ordered or should he be requested to do so by any representative of state or local government or in case the Carrier considers such action necessary.
4. Should the Shipper submit for carriage cargo which has already been placed in / on a container, vehicle, tank or any other means specifically constructed for the purpose of carriage by sea (each of them being specifically referred to as ‘Transport Unit’), the Shipper hereby assures that such Transport Unit is in a good condition and that it is fit for carriage to the intended place of destination of cargo loaded in or on it.
The Carrier shall have the right to stowand to carry Cargo on deck or under deckat his own discretion.
The Shipper is under the obligation to give or to assure that the description, the value or other details relevant to Cargo delivered by the Shipper are true, complete and detailed in every respect, that the goods are legal and that they will be accepted in the port of loading and discharging, and that he undertakes to indemnify and hold the Carrier harmless against any loss, damage, fines, claims, demands, costs and expenses borne or suffered by him under the breach of this obligation or the occurrence of any irregularity.
Claims by Third Parties.
The Shipper shall indemnify the Carrier from any claims made by third parties as well as obligations to any third parties under damage or loss, delay or improper delivery of cargo to the extent in which above claim or obligation exceeds the liability by the Carrier to the Shipper under these Conditions.
1. The Carrier may ship all cargo or any part thereof by any vessel (including handling) irrespective of the fact whether such vessel is listed in announcements,timetables or other schedules of the Carrier or not,
2. The vessel carrying cargo may follow any route be it a direct or a customary one and may enter ports in any succession,
3. Should entering or leaving a port by the Vessel be impossible or hindered in any other way, or should the Carrier be of the opinion that the execution of the Contract is impossible or hindered, then the Carrier, at his own discretion, may:
Discontinue the voyage in which case any advance payment made in relation to the voyage shall be reimbursed, and the Carrier shall not be liable to the Shipper,
Continue the voyage to any other port (including return to the port of loading) and discharge or undertake any such action with respect to the Cargo that in the Carrier’s discretion is necessary. Such discharging or other action shall be considered execution of the Contract and the Carrier shall not be liable to the Shipper.
Delivery of Cargo.
1. The Shipper authorises the Carrier to deliver the cargo to the representative of the Consignee or to any other person that the Carrier shall find duly authorised to receive Cargo on behalf of the Consignee, and such receipt shall constitute the delivery of Cargo under the provisions of this Contract.
2. The Shipper shall arrange for the collection of Cargo upon delivery to the agreedplace of delivery without undue delay, during commonly accepted office hours. Should the Cargo not be collected within 30 days from the date of discharging, the Carrier shall be authorised to sell it or to handle the Cargo in any other way, at his own discretion, without any liability to the Shipper thereunder whatsoever
Exclusion of Liability by the Carrier.
1. The Carrier shall not be held liable in case damage was suffered due to:
acts or negligence by the master, crew, pilot or other persons employed by the Carrier within the navigation or administration of the Vessel,
Fire, unless by act or the Carrier’s fault,
Perils or disasters at sea or navigable waters,
War, acts hostile to public law and order, riots or civil commotion,
Act or restraint by authorities or detainment,
Limitations due to quarantine,
Strike, lock-out or any other circumstances preventing or limiting work in whole or in part,
Salvage or attempts at salvage of life or goods at sea,
Latent defects, natural properties or defects of cargo resulting in loss of volume or weight or other loss,
Insufficient or imprecise marking of cargo,
Latent defects which could not have been discovered despite exercising due diligence,
Acts or negligence by the Shipper, Forwarder, or the Consignee or his Agent or any other Representative,
Any other reason whatsoever beyond the Carrier’s control, his agents or servants employed by the Carrier.
2. Moreover the Carrier shall not be held liable for:
Delay or detention of carriage, whatsoever and whensoever caused,
Loss or damage of any kind, caused before the cargo was loaded on board, during loading or caused after loading or during discharging, or caused during loading or discharging, unless such loss or damage was caused by the Carrier’s fault,
Indirect damage of any nature whatsoever, suffered as a result of damage or loss of Cargo, delay or detention of carriage, incorrect delivery or default in delivery of Cargo or any documents relevant to said cargo.
Obligations by the Shipper.
The Shipper shall indemnify the Carrier and hold him harmless from any obligations and claims whatsoever under loss of life or personal injury suffered by the driver, cargo guard, or a passenger accompanying cargo excluding cases where the Carrier shall be liable to such driver, cargo guard or passenger in case of issuing to them any Passenger Ticket governed by separate Conditions of Carriage of Passengers and their Luggage by Sea.
The Shipper indemnifies the Carrier from any claims and obligations under duties, taxes, fines, expenses, loss and damage (including personal injury) unless suffered by Carrier’s fault or negligence, his servants or agents, suffered or sustained by the Shipper while exercising his duties under this Contract.
The Shipper indemnifies and holds the Carrier harmless from the results of carrying excluded Cargo including loss or damage to the vessel, property of third parties which may result from loading such cargo, without any limit whatsoever.
The Carrier shall have the right to open any vehicle, container, truck-tractor or package and examine, remove or re-stowor attend to the Cargo or its contents in any other way should he be requested to do so by any authorised body, or should the Carrier consider it necessary. The above action shall be at the Shipper’s risk and expense and the Carrier shall not be held liable thereunder.
The Shipper indemnifies the Carrier from any liability under loss or damage:
Suffered by or resulting from:
a) Imprecise or improper description of any details relevant to Cargo which may be delivered by any person, subject to which description the Cargo is accepted by the Carrier for carriage or
b) Defect of inadequacy or handling of vehicles, truck-tractors, containers, trailers, semi-trailers, pallets, packages or any other equipment or cargo, or
Caused by the Cargo, improper stowing, wrong packaging or caused in any other way by the Cargo.
6. The Shipper undertakes to indemnify the Carrier from any claims by third parties under damage, improper delivery or delay of Cargo or claims under Cargo in excess of the limitations of the liability of the Carrier (if any) subject to these Conditions.
7. The Shipper warrants that the Cargo is legal in the port of loading and discharge, and that he indemnifies the Carrier from any costs, expenses or undertakings whatsoever should the Cargo prove not legal in ports or places where it may be.
The Carrier does not provide for insurance cover of Cargo carried against maritime risks hence providing for such an insurance cover is at the Shipper’s discretion.
1. Unless the parties agree to the contrary, the freight shall be paid prior to loading.
2. The amount of freight shall be set forth in the Contract or Tariffs. Unless the Contract provides to the contrary, the payment is made in Polish złoty calculated at freight currency exchange rate published by the bank named by the Carrier.
3. Should the currency of the freight rate and other carriage fees be devalued or the exchange rate to the złoty be changed to the extent of devaluation in the period between concluding the Contract of Carriage and the date when the freight and other carriage fees are due (are payable) the freight and other fees shall be proportionally, automatically and immediately adjusted.
4. Should the prices of petrol rise, all freight rates may rise accordingly in order to compensate the rise in prices of petrol from the date of such rise in prices (bunker surcharge).
5. The Shipper shall be liable to pay freight as well as other fees in connection with the carriage of cargo payable at the collection of cargo if the Carrier is unable to obtain the amount due from the Consignee.
The Carrier shall have the right of lien on the Cargo up to the amount due under the Contract of Carriage as well as costs borne in connection of collecting said amounts due, and moreover the Carrier has the right to sell the goods either personally or by way of tender, in order to satisfy all claims. Should the amounts earned by way of sale of Cargo not cover the amounts due as well as all costs and expenses that may arise, the Carrier shall be authorised to claim the settlement of the outstanding amount by the Shipper.
General Average shall be settled in any port or place at Carrier’s discretion and shall be made up according to York - Antwerp Rules 1974. Should the accident, peril, damage or disaster taking place prior to or after the completion of voyage was due to any reason whatsoever, irrespective of being due to negligence or not, for the consequences of which the Carrier shall not be held liable under an act, contract or any other ground whatsoever, then the Shipper should participate with the Carrier in General Average in covering the costs of sacrifice, expenses and damage being of General Average nature that might have been paid or were paid, as well as making payments for salvage as well as special fees borne in connection with the Cargo.
Claims under Salvage.
The Shipper shall indemnify the Carrier from any costs or expenses borne or made or within any other liability accepted by the Carrier on the Shipper’s behalf in order to avoid the delay of the Vessel or Cargo following the claim under salvage or any other service rendered to the Vessel, Cargo or Shipper unless, should the Carrier so demand, the Shipper shall submit a reasonably justified security to the Carrier or to any other person rendering salvage service relevant to any expenses or costs or any other liability and including a contractual warning that the Carrier has a right of lien on cargo. The salvage vessel being the property or being operated by the Carrier, the remuneration under salvage should be paid to the extent that it would have been paid if the vessel or salvage units were the property of other persons.
The carriage of Cargo shall, by decision of parties to the Contract of Carriage, be governed, with due regard to changes introduced by these Conditions, by the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading signed at Brussels on 25 August 1924 (‘the Hague Rules’) as amended by the protocol signed at Brussels on 23 February 1968 (‘the Hague-Visby Rules’).
Invalidity of Provisions.
The invalidity of any provisions of these Conditions shall not affect the validity of other provisions.
Notification on Loss or Damage.
1. Notifications on any loss or damage to cargo as well as all details relevant to it must be given to the Carrier in writing during loading / discharging (Trailer Condition Report is made available by the Carrier). In case the damage or loss is not visible, said notification should be sent to the Carrier: Polish Baltic Shipping Co., ul. Portowa 41, 78-100 Kołobrzeg, by fax (+48 94 35 52 104) at the date the loss or damage was found. The Shipper is under the obligation to submit all the documentary evidence in his disposal as well as all and any other evidence relevant to the circumstances of the origin and the amount of damage. The Shipper is under the obligation to undertake all necessary steps to prevent the increase of damage.
Should no notification be given in the time hereinabove prescribed it is assumed that the loss or damage were not suffered during carriage made by the Carrier, and that the Carrier is not liable thereunder.
2. The Carrier shall not be held liable for damage to Cargo unless the claim is subject to court proceedings within 12 months from the time the goods were delivered or were to be delivered.
Ay disputes arising under the Contract of Carriage shall be decided by Court of jurisdiction relevant to the registered office of the Carrier, the law of the Republic of Poland to apply.
Kołobrzeg, September 2005
Accepted by the resolution of the Board of Polish Baltic Shipping Co. of 16 September 2005