Common use of CLAUSE PARAMOUNT Clause in Contracts

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

Appears in 2 contracts

Sources: Transportation & Logistics, Transportation & Logistics

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 (A) This “Tariff Data Cancelled, Superseded by Tariff No. 101, A. To and from non-United States Ports.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

Appears in 1 contract

Sources: Tariff Agreement

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

Appears in 1 contract

Sources: Tariff Agreement

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

Appears in 1 contract

Sources: Tariff Agreement

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

Appears in 1 contract

Sources: Tariff Agreement