General Conditions BSC
General Conditions BSC (Bolero Shipping Company) B.V. and BSC GmbH
any person by whom or on whose behalf or account as client/contractor a contract of carriage has been concluded with the Carrier;
the person who is entitled to take delivery of the Goods;
everything that is offered for carriage as cargo, not including towed or pushed vessels;
- Cargo Interest:
the Shipper and/or Consignee of the Goods carried or to be carried;
- Actual Carrier:
any person to whom the performance of the carriage has been entrusted in full or in part by the Carrier;
- Force Majeure:
circumstances that a careful Carrier was unable to avoid and whose consequences he was unable to prevent;
mentioned BSC (Bolero Shipping Company) B.V., having its registered office in Capelle a/d IJssel and Chamber of Commerce number 66915465 or BSC GmbH, having its registered office in Ahrensburg and Chamber of Commerce number 16644
- Contract of Carriage:
any agreement, by any name, whereby the Carrier or the Actual Carrier undertakes to carry Goods by inland waters against payment of freight;
- Transport document:
any document that evidences a Contract of Carriage and that proves that the Carrier has taken delivery of the Goods or has taken them on board, drawn up in the form of a bill of lading or consignment note or in the form of any other document.
- Provisions in respect of the Contract of Carriage and applicable law
The Contract of Carriage is governed by the CMNI Convention, also for carriage within the Netherlands.
- The Carrier shall determine the maximum quantity to be taken on board by him with observance of inter alia the water level, the general arrangement of the vessel and the prescriptions under public law.
- The Shipper shall be obliged to see to it that the vessel can safely berth, lie, load and depart at the location that he has designated for loading.
- The Shipper shall be obliged to load the goods on board the vessel. The Carrier shall be entitled to give instructions in connection with the safety of the voyage and to prevent damage. The Shipper shall be obliged to follow these instructions.
- The Shipper must compensate the Carrier for the damage that the latter suffers because the agreed cargo is not at his disposal at the agreed place or time owing to any cause whatsoever.
- The Cargo Interest shall determine the suitable discharge site. The provisions included in the preceding article for the designation and the safety of the loading site shall also apply to the designation and the safety of the discharge site.
- Prior to arrival in the port the Cargo Interest shall be obliged to provide the Carrier with instructions with regard to the discharge and customs handling, in the absence of which the Carrier shall be entitled to take all measures deemed necessary by him on behalf of and at the expense of the Cargo Interest.
- After discharge the vessel must be clean and free of cargo residues. If this obligation is not fulfilled, the Carrier shall be entitled, after a complaint, to remove or have others remove the cargo residues at the expense of the Cargo Interest.
- The Carrier is not obliged to check whether the vessel is entirely clean and free of cargo residues. The Shipper is therefore always obliged to indemnify the Carrier in connection with damage as a result of contamination of cargo on the next voyage as a result of contamination with residue of the previous cargo. The Shipper shall also be liable in respect of the Carrier for all other damage that the Carrier should suffer because the vessel is not clean and free of cargo residues, including in particular damage resulting from loss of time (demurrage), survey charges and cleaning charges.
- Loading and discharge times, demurrage
Subject to further claims on compensation the duration of the loading and discharge times shall be calculated on the basis of the Tankschiff-Transport Bedingungen as in force at the time that the transport is being performed. Demurrage is calculated on the basis of statutory prescriptions applicable under German law (“Lade- und Löschzeitenverordnung”).
- Limitation of the Carrier’s liability
- In the event of Force Majeure the Carrier shall be released from his takeover and/or carriage obligations, irrespective of the question whether the Goods have already been taken over or loaded and whether the voyage has already started or not. The Carrier shall not be liable for any damage if the takeover and carriage obligation is cancelled as a result of Force Majeure.
- The Carrier shall not be liable for damage as a result of Force Majeure or caused:
- by an act or omission of the master of the vessel, the pilot or any other person in the employment of the vessel or of the pushing or towing vessel during navigation or during the connection or disconnection of a pushed or towed convoy;
- as a result of nautical errors;
- as a result of fire or an explosion on board of the vessel if it cannot be proven that the fire or the explosion resulted from a fault of the Carrier, the Actual Carrier or their servants or agents or as a result of a defect of the vessel;
- as a result of defects to his vessel or to a hired or chartered vessel that existed before the start of the voyage, if he proves that these defects could not reasonably be discovered before the start of the voyage, in spite of observance of due care.
- The Carrier shall never be obliged to pay or compensate more to the Actual Carrier than the amount that the Carrier in its turn is paid or compensated by the Shipper.
- The Actual Carrier can never demand more freight or other remunerations/payments than the Carrier demands from the Shipper.
- Shipper’s liability
In addition to the provisions in article 8 of the CMNI Convention the Shipper shall be liable for the damage suffered or yet to be suffered by the Carrier that has been caused by the Goods, by material or by other matters that have been made available by him, the consignor or the Consignee.
- Transport documents
When the Actual Carrier signs Transport Documents on behalf of the Carrier and as a result thereof liability is created on the part of the Carrier that exceeds the liability on the strength of these transport conditions, the Actual Carrier shall be obliged to indemnify the Carrier against all claims that follow from this.
- Freight and dead freight
- The freight shall be due at the time of delivery of the Goods and shall be calculated on the gross weights, quantities or dimensions of the Goods included in the cargo documents. If higher weights or quantities are mentioned in other documents, or if they are determined when weighed or checked, they shall be decisive for the freight calculation.
- The Shipper shall be liable in respect of the Carrier for the freight, dead freight, freight surcharges, costs, expenses, levies and other claims bearing on the Goods and also for demurrage.
- The Carrier shall be entitled to full freight if:
- the cargo is only supplied in part;
- the Shipper or Consignee desires the discharge of the Goods in the port of loading or in an intermediate port;
- the continuation of the voyage is permanently or temporarily prevented for reasons that cannot be blamed on the Carrier, or the voyage is carried out only in part;
- the Goods have been destroyed, lost, seized, confiscated, damaged, have deteriorated or have otherwise become worthless.
- When after the start of the voyage the Shipper gives instructions to unload the Goods again in the port of loading or in another port lying on the route of the voyage, he shall be obliged to pay the full freight and all additional costs that consequently are caused on the part of the Carrier.
- Prohibition of set-off and transfer
The Shipper and Consignee shall not be entitled to set off claims contested by the Carrier on the strength of any legal relationship whatsoever with claims of the Carrier and/or to exercise a right of suspension with regard to the Carrier’s claims. This provision shall also apply to the Actual Carrier in respect of the Carrier.Without the Carrier’s written permission, the Shipper and the Consignee shall not be entitled to transfer claims on the Carrier or his auxiliary persons to third parties, unless it concerns a transfer to transport insurers, who have insured the present transport.
The Carrier shall not be obliged to insure the Goods against possible dangers or risks.
- Right of retention and pledge
The Carrier shall have a right of retention and/or pledge on the Goods for all claims based on the Contract of Carriage and also for claims on the strength of other (transport) agreements concluded with the Shipper. The right of retention and/or pledge shall also apply to the accompanying documents.
The right of retention and/or pledge shall exist as long as the Carrier has the Goods in his possession, especially as long as he can dispose of them on the strength of the bill of lading or the storage receipt.
When exercising the right of retention and/or pledge the Carrier shall be entitled, on behalf and at the expense and risk of the Shipper to discharge the Goods and store them in a suitable location or to desire security for his claims.
Third parties that claim the Goods on the basis of the bill of lading or the consignment note acknowledge the Carrier’s right of retention and/or pledge upon receipt of the bill of lading or the consignment note or as a result of the disposal of such documents.
- Competent court
Any dispute that should arise in connection with an agreement to which these conditions apply in full or in part or in connection with a further agreement that is the result of such an agreement shall be tried by the competent court in the district of Rotterdam.