Bill of Lading Specification
Bill of Lading
“ULUSOY” Terms of Carriage of Goods by Sea (CONCENTRATION)
Article 1
Unless otherwise specified, this bill of lading contains the provisions of the International Convention (International Convention for the unification of certain rules relating to bills of lading signed at Brussels on August 25, 1924, the protocol supplementing this Convention signed at Brussels on February 23, 1968 and the protocol relating to the SDR signed at Brussels on December 21, 1979) The Hague Rules, the limitations of the Hague Visby Rules, if applicable, but if necessarily applicable, the La Haye Rules and/or the provisions of Turkish Law incorporating the requirements of the La Haye Visby Rules shall apply to the Carriage.
Article 2
All disputes arising out of this Bill of Lading shall be settled and finalized exclusively in the Courts and Execution Offices of Istanbul, Turkey. The decision of these Turkish Courts shall be final and binding on the carrier, shipper, consignee or consignee.
Article 3
The carrier shall not be liable for any loss, damage or detention that may occur in any way whatsoever prior to the loading of the cargo by means of passing the ship's rail and following the unloading in the same manner.
The cargo under the protection and supervision of the carrier's agents or employees is loaded onto or unloaded from the ship before loading or after unloading; is held for loading onto the ship; all risks incurred during the period when the cargo is on the quay, on land, in a warehouse, in a warehouse, or on a barge or boat, whether or not under the carrier's control, shall be borne by the shipper and/or consignee and/or the owner of the cargo. Translated with DeepL.com (free version)
The same provisions shall apply to cargoes that are to be transshipped or temporarily unloaded at any stage of the voyage.
Article 4
a) Upon receipt of the cargo for loading, the carrier is absolutely entitled to all of the freight paid in advance or unpaid freight. Whether the ship or the cargo is damaged or not, the freight paid in advance shall not be refundable and the unpaid freight must be paid in full. Whether the voyage is completed or not, or whether the import or export of the goods is prohibited by any government, authority or any person claiming to act on their behalf, in all these cases the shipper and the consignee are jointly and severally liable to the carrier for the entire freight.
b) After the cargo is loaded on board the ship, it may be returned only upon the permission of the carrier and in return for the payment of the freight and all other damages incurred by the carrier for this reason.
c) Full freight is paid for the spoiled or damaged cargo.
d) The carrier and the ship are not responsible for the inadequacy of the packages. All expenses to be incurred for the collection, sorting, placing in their packages, repair or improvement of the packages and re-stacking of the cargoes scattered due to the inadequacy of the cargo, the inadequacy of the packages or the occurrence of inadequacy and for which the carrier is not responsible shall belong to and be paid by the shipper, consignee or owner of the cargo.
e) Freight and charges payable by the Consignee shall be paid in the currency of the country in which payment is made. Such payment shall be made at the rate of exchange in force on the date of issue of the bill of lading in the case of advance payment, or of the bill of lading in the case of remittance payment, at the rate of exchange in force on the date of issue of the order.
Article 5
The shipper or consignee shall be liable for any damages and fines incurred by the carrier, the ship or the cargo due to the failure of the shipper or consignee to comply with the customs regulations, the prohibition or refusal to import or export the cargo, or the failure to provide the required documents and licenses, or due to the incorrect or incomplete indication of the content or measurement of the brands of the cargo, and for any similar reasons.
Article 6
a) The brand, number, discharge and berthing port will be written on each piece of cargo in letters not smaller than 5 centimeters. Otherwise, the ship will not be responsible for their mixing and the costs of sending them to their destination from the place where they were removed incorrectly will belong to the shipper or consignee.
b) If the information given regarding the content, weight, fact or value of the cargo is not reliable, the carrier is entitled to double the freight to be paid for the actual condition of the cargo. The shipper is obliged to submit the original invoices when the carrier takes action to determine the actual content, weight, packaging, fact and value of the cargo.
Article 7
Shippers, whether acting in their immediate or representative capacity, are liable for any and all damages and losses caused to the ship or its cargo by shells, explosions, dangerous or poisonous cargoes loaded on board without the express permission of the carrier or without full disclosure of their nature before loading, and such cargo may be disposed of or destroyed at any time without the necessity of compensation.
Article 8
Discretionary stowage and deck load
(a) The Goods may be stowed by the Carrier or its servant or agent in containers and/or other means of transportation (equipment).
b) Packed or unpacked Goods in containers may be carried on or below deck without notice to the Merchant and without a prominent notation on this Bill of Lading and all cargo, whether carried on or below deck, shall be included in the General Average and shall be deemed to fall within the definition of goods for the purposes of the Hague Rules set out in Article 1 and shall be carried in accordance with those rules in all applicable cases.
(c) Nevertheless, for all cargoes falling within the scope of sub-clause 2 and carried on deck, the Carrier shall not be liable for loss, damage or delay, however caused and under whatever circumstances.
Article 9
For parts weighing more than 3000 kilos, the risk belongs to the loaders when they are taken on board by port or ship crane. The cost and risk of placing such cargoes on deck or in the hold, sliding on the hanger, stowage and stowage belongs to the shipper. The expense and risk of removing the cargo from the ship in the same way belongs to the consignee. However, this weight is 5000 kg for Continent ports.
Article 10
Provided that the carrier has exercised due diligence to make the ship fit for navigation and cargo acceptance, to equip it properly, and to provide its men with provisions and fuel before the commencement of loading, neither the ship nor the carrier shall be liable for the cargo carried in refrigerated warehouses and compartments, whether before or after loading, whether on the ship's hull or in refrigerated warehouses, compartments, for any loss, damage or injury caused by defects or inadequacy of the machinery and apparatus or parts thereof or of the materials used for refrigeration, or by the negligence, default or error in judgment or decision of the pilot, master, officer, engine officer, crew, refrigerated compartments and attendants and persons employed by the carrier, or by reason of unfitness for road or cargo. It is also expressly agreed that any negligence, fault or error in the operation of the said refrigerated apparatus shall be deemed to be a technical fault or error within the meaning of the provisions of this bill of lading and shall not be understood or recognized as a fault or irregularity in the preservation, transportation or stowage of the cargo carried in the refrigerated compartments or holds.
Article 11
Due to all amounts payable to the carrier pursuant to this contract and the costs of collection thereof, the carrier retains the right of pledge with imprisonment on the cargo and is authorized to sell the cargo by auction for the collection of its receivables.
If the sale proceeds from the sale of the cargo do not cover the claims and expenses incurred, the carrier is authorized to demand and collect the difference from the shipper, consignee or cargo owners.
Madde 12
It is one of the requirements of the voyage undertaken under this contract that the ship calls at ports on or off the customary or announced geographical route or sequence, whether or not specified in this bill of lading, and even if the ship does not sail in the direction of the port of discharge and deviates from the customary and geographical route. The ship may call at any port more than once or may not call at a port within the scope of the voyage program in relation to the existing previous and subsequent voyage program. Correction of the compasses on the way, loaded or unloaded, before or after heading to the port of discharge, taking the ship to the dock, slipway, repair shipyards, taking fuel, provisions and materials, staying in the port, changing the anchorage; navigating without a pilot, overtaking other ships or delaying itself, starting or attempting to save life or property, carrying weapons, ammunition, war material and military material and all kinds of cargo and navigating armed or unarmed are likewise entirely the requirements of the voyage subject to this contract.
Article 13
Even if not agreed in advance, the carrier is authorized to carry all or part of the cargo by other ships or vessels belonging to him or others, whether or not sailing towards the port of discharge; to send it by land or sea, to carry it to a port other than the place of destination or to make transshipments by sea or land at the risk of the shipper and at his own expense, to land, to store, to load and send it to the ship again and to have it shipped from ship to land or from land to ship on barges. In cases where the carrier undertakes the carriage of the cargo from the port of discharge to the final destination other than the port of discharge, the carrier acts as a freight forwarder.
The liability of the carrier shall be limited to the period of carriage carried out by a ship under his own management. The carrier shall not be liable in any respect for loss or damage to the cargo during the carriage carried out under the responsibility of others, even if the freight for the whole carriage has been collected by the carrier.
The cargo is shipped as quickly as possible. However, the carrier is not responsible for any delay.
Article 14
a) The master or the carrier shall be free to obey or disobey any order, instruction or advice given by any government or any person or body acting or purporting to act on behalf of such government or by any board or person authorized by the terms of the hull insurance in respect of the loading, movement, route, ports of call, waiting at ports of call, arrival at destination, discharge, delivery of cargo and other matters.
b) If the captain or the carrier is of the opinion that the voyage has become unsafe or inconvenient due to the war or war-like conditions or the existence of collisions, or strongly expected, the cargo may be discharged at the port of loading or at any other port deemed convenient and reliable by the captain or the carrier.
c) Without being detained, seized or delayed due to danger of contagious diseases, infectious diseases, quarantine, icing, unfavorable weather and sea conditions, strikes, lockouts, work interruptions, curtailments, import ban, difficulties in loading and unloading or congestion, cargoes may be discharged at the port of loading or at any other port which they consider safe or convenient if they have any doubt or doubt that it will not be possible for them to leave the port of loading, enter or arrive at the port of discharge and continue their voyage from there after discharging in the usual manner, without incurring damage or suffering total or partial loss of cargo.
d) In the cases referred to in the paragraphs above, the carrier or the master is authorized to postpone, delay or terminate the contract at any time, even before the delivery and loading of the cargo and the issuance of the bills of lading.
The discharge of any cargo within the limits of the decisions of this clause or the termination of the voyage due to compliance with the aforementioned suggestions, instructions or orders shall be understood as full fulfillment of this contract,
e) The shipper, the consignee, the holder of the bill of lading, the consignee or the owner of the cargo shall be jointly and severally liable for all expenses incurred by them or falling on the cargo due to the actions of the carrier or the master as stated above or due to the failure of the previously mentioned ship to call at the port of discharge or to discharge its cargo if it has called at the port of discharge and to carry its cargo to a convenient and safe port or to keep it on board the ship for discharge on the next voyage.
f) In the cases referred to in this Article, the addressee shall be notified as far as possible.
Article 15
At least 48 hours before the arrival of the ship at the first of the optional discharging ports, the port of discharge shall be notified to the carrier's agent at this first port. In the absence of this notification, the carrier is authorized to discharge the cargo at the optional port of its choice. In this case, this contract shall be deemed to be fully executed.
The option covers the entire cargo specified in this bill of lading and cannot be exercised partially.
Article 16
Any entry in this bill of lading indicating the names of the persons requesting notification of the arrival of the ship at the place of arrival is only an information given to the ship's agents, and the failure to make a notification by the agent does not impose any liability on the carrier, nor does it relieve the shipper or consignee from contractual liability.
Article 17
Even if there is a local port custom to the contrary, as soon as the ship is ready for unloading at the dock or offshore at any time of the day or night, on Sundays and other public holidays, the buyers or their representatives must be ready to receive the cargo from the ship's board.
The ship may commence unloading without any prior notice. If the cargo is not received by the consignee on time or is not withdrawn from the ship's deck without delay, the carrier is authorized to discharge, land or send the cargo at the expense and risk of the consignee, to have it discharged, landed or shipped, or to have it placed on board or in storage or warehousing, and in this way the contract of carriage shall be deemed to have been fully performed.
Article 18
The carrier and/or its agent shall be notified in writing of the general nature of the loss, damage or damage before the cargo is handed over to the person authorized to take delivery of the cargo at the port of discharge within the limits of the provisions of this contract of carriage or at the latest at the time of its removal by such person and, if not foreseeable, within 72 hours of its delivery to such person. The absence of such notification is evidence that the cargo has been received without defect within the limits of the provisions of the bill of lading.
The carrier and the ship shall be relieved from all liability unless an action is brought for loss, damage or deficiency within one year from the date of delivery of the cargo or the date on which the cargo should have been delivered.
Article 19
a) Neither the carrier nor the ship shall under any circumstances be liable for any loss and/or damage in connection with ordinary non-freight packaged cargoes having a value in excess of 2 SDR per kilo or 667 SDR per package or 667 SDR per package, whichever is higher, unless a higher amount has been expressly declared for the goods by the shipper prior to loading, entered in the bill of lading and the freight is calculated on the basis of the value of the cargo (ad valorem basis).
b) The shipowner shall not be liable for pre-loading damages and their increase during transportation and post-unloading damages.
c) The carrier shall not be responsible for damages and decay and deterioration other than stacking and ventilation defects.
d) In transportation where the cargo is in bags, the carrier shall not be responsible for the number of bags.
Article 20
a) New Jason Clause
In case of accident, danger, damage or disaster occurring before or after the commencement of the voyage due to any cause whatsoever, including negligence of the carrier under law, agreement or otherwise, the goods, the consignor, the consignee and the owners of the cargo shall contribute to the carrier for the salvage and other cargo-related expenses incurred.
The costs of salvage shall be paid in full as if the salvage vessel or vessels were a vessel owned or operated by the carrier, but as if they were a vessel owned by a foreign person. This deposit shall be paid by the consignor, consignee, consignee or owner of the goods to the carrier prior to delivery of the cargo in such amount as the carrier or its agent may deem sufficient based on the estimated proportionate share of the goods and, if requested, as a proportionate share of any salvage charges and special charges.
b) Both to Blame Collision Clause
If the vessel is involved in a collision with another vessel as a result of the fault of the other vessel and the act, neglect or default of the Master, Seaman, Pilot or Servants of the Carrier in the navigation or operation of the Carrier, the owners of the cargoes carried therein may, as part of a claim against the Carrier vessel or the Carrier, require the Carrier to compensate or indemnify the other or non-carrier vessel or owners for any loss or damage caused to the owner of the cargo or for any loss or liability in connection with any claim, whether such loss or liability was paid or payable by the other or non-carrier vessel or owners; shall not be liable to any other or non-carrier vessel or its owners for loss or damage to the cargo owner or for compensation or payment of any such loss or liability in connection with any claim, whether such loss or liability has been paid or is payable by the other or non-carrier vessel or its owners.
Article 21
General Idle
General Average shall be adjusted, specified and settled in Istanbul in accordance with the York-Antwerp Rules 1994. Cargo Contribution subject to General Average shall be paid to the Carrier even if such average is caused by any fault, negligence or error of the Captain, Pilot or crew.
Article 22
US Trade
a) If the contract for the goods carried under this Bill of Lading is covered by the United States of America Carriage of Goods by Sea Act of 1936 (U.S.COGSA), the provisions of the said Act cover the entire period during which the cargoes are in the custody of the Carrier, including before loading and after discharge.
b) If the provision of U.S.COGSA applies and unless the nature and value of the goods are declared by the Shipper to the Carrier prior to delivery and included in the bill of lading, the Carrier shall not be liable or held responsible under any circumstances for any damage to or loss of the goods in excess of USD 500 per package or customary unit freight.
Article 23
Whether the loading and unloading expenses belong to the shipper, consignee or consignee shall be determined according to the custom prevailing in the ports of loading and unloading.
Article 24
The owners shall not be liable for any damage, loss or damage arising out of the fault or negligence of the master, deck officer, engineers, pilot, crew, stevedor, owners' agents or other servants in connection with the navigation or management of the ship or the loading or unloading of the ship or otherwise.