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1、第二部分：提单背面条款（修改后措辞）1. DEFINITION. In this Bill of Lading (hereinafter referred to as B/L)“Carrier” means the party on whose behalf this B/L is issued.“Merchant” includes the Shipper, Holder, Consignee, Receiver, Endorsee, Owner of the Goods, any person owning or entitled to the possession of the Good
2、s or of this B/L and anyone acting on behalf of any such person.“Container” includes any ISO standard container, trailer, transportable tank, flat or pallet, or any similar article used to consolidate Goods and any equipment thereof or connected thereto.“Vessel” means the intended vessel named on th
3、e face hereof and any ship, craft, lighter, barge, or other vessel which is or shall be substituted, in whole or in part, for that vessel.“Goods” means the whole or part of the cargo received from the Shipper and includes any equipment or container not supplied by or on behalf of the carrier.“Sub-co
4、ntractor” includes owners and operators of any vessel (other than the carrier), stevedores, terminal and groupage operators, underlying carrier, road and rail transport operators and any independent contractor employed by the carrier covered by the B/L.“Carriage” means the whole or any part of the o
5、perations and services undertaken by the Carrier in respect of the Goods.“Stuffed” includes filled, consolidated, packed, loaded and/or secured.2. CARRIERS TARIFF2.1 The terms of the Carriers applicable Tariff and other requirements regarding charges are incorporated into this B/L. Particular attent
6、ion is drawn to the terms contained therein, including but not limited to, free storage time, container and vehicle demurrage, detention, etc. Copies of the relevant provisions of the applicable Tariff are obtainable from the Carrier or his agents upon request. In case of any inconsistency between t
7、his B/L and applicable Tariff, this B/L shall prevail.2.2 Before loading the Carrier allows to Merchant three days container utilization (in which the day of collection ex-quay is included) free of demurrage. In addition the Carrier allows a demurrage-free period in accordance with the tariff of the
8、 manifested destination or as advised by the local SITC Agent, counting from the day of discharge ex-vessel. Demurrage is levied thereafter for container, trailer and other equipment. All containers shall be the joint and several responsibility of the Shipper and the Consignee and shall be re-delive
9、red clean and undamaged to a place nominated by the Carrier, failing which the Shipper and the Consignee shall be jointly and severally liable for all the costs of replacement, transportation, and repair, including legal costs and lawyer fee.3. DEMISE CLAUSE If the ship is not owned by or chartered
10、by demise to the corporation by whom this B/L is issued (as the case may be notwithstanding anything that appears to the contrary), this B/L shall take effect only as contract with the Owner or demise charter as the case may be as principal made through the agency of the said corporation who act as
11、agent only and shall be under no personal liability whatsoever in respect thereof.4. SUB-CONTRACTING AND INDEMNITY4.1 The Carrier shall have the right at any time and on any terms whatsoever to sub-contract the whole or any part of the carriage with any Sub-contractor and/or to substitute any other
12、vessel or means of transport for the Vessel. 4.2 The Merchant undertakes that no claim or legal action whatsoever shall be made or brought against any person by whom the carriage is performed or undertaken (including, but not limited to, the Carriers servants, agents or Sub-contractors), other than
13、the Carrier, which imposes or attempts to impose upon any such person, or any vessel owned or operated by such person, any liability whatsoever in connection with the Goods or the carriage thereof whether or not arising out of negligence on the part of such person. Should any such claim or legal act
14、ion nevertheless be made or brought, the Merchant undertakes to indemnify the Carrier against all consequences thereof including legal expenses and lawyer fee on a full indemnity basis. Without prejudice to the foregoing, every such person or vessel, including, but not limited to, the Carriers serva
15、nts, agents, or Sub-contractors as defined in Clause 1 above, shall have the benefit of every exemption, defense and limitation herein contained applicable to the Carrier, in contract or in tort, as if such provision were expressly contracted for its benefit, and, in entering into this contract, the
16、 Carrier, to the extent of such exemptions, defenses and limitations, does so not only on its behalf, but also as an agent and trustee for such person or vessel.4.3 The provisions of clause 4.2 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 alle
