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Canada Maritime (ID: 24)
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Canada Maritime IMPORTANT MESSAGE FOR OUR CUSTOMERS As part of our plan to offer our services under the CP Ships brand, the Canada Maritime website will be permanently shut down at 8:00 pm EST on Friday 18th November. The new CP Ships website, which will be launched on Monday 21st November, will feature all the information and online services you rely on. For details on how this transition will affect documentation, please click here . fladetect_cm Canada Maritime Changes to our Online Services Look at the bar above and you will notice we have two new buttons Schedule Search and Online Services. The Online Services takes you to a temporary transition page where you will need to select one of two options, depending on your Voyage Number. Both options give you the Container Tracking and Bills of Lading we have offered for some time. But the right hand option also offers our new services including Rate Request and Online Booking. Once the transition period is finished, everyone will be able to access the new, expanded Online Services section. Schedule Search has been developed to give you a wide range of search options to help you plan your shipments. It includes Point to Point and our constantly updated Schedule List, as well as Port Search and Vessel Search. Canada Maritime Find your Freedom To be truly undisturbed in the modern world is a luxury. Family, friends, work, mobile phones, trains, cars, advertising, television, the internet a simple, peaceful life is difficult to find. Come on board and enter a world without stress, without bills, without interruptions and interference just you and the ocean. Whether you want to write your novel, sit and think, catch up on your reading or just wind down and do nothing, a journey across the Atlantic gives the peace and quiet you crave. The modern world is a busy and demanding place. Get away from it all as a passenger on one of our ships. Canada Maritime Getting in Touch We run a business that never stops working. We don't stop for anything, and neither does your need for information. Whatever you need to know, we supply access to the right people, so you can quickly and easily find out what you need to know. The links on this page will assist you in speaking to the right person about your query. Whether you need to check the progress of your products or need to discuss sailing times and prices, our representatives are here to help. Canada Maritime Let's sail away The transportation industry is always on the move. If you are determined, passionate and excited about the way the world works, and you want to get involved with a progressive-thinking company who wants to make a difference, get in touch. We've been providing high-quality shipping services between Europe and North America for over 100 years, so we have the experience of the past, and we like to employ people who have a vision for the future If you feel you are the right talent, click the careers box on the left. Canada Maritime Dear Customer As you know, we will be offering our services under the CP Ships brand by the end of this year. The process of moving all services onto a single operational system is progressing as planned, and we are now in a position to proceed with the next phase of the transition and convert all Canada Maritime B/Ls to CP Ships B/Ls. You will start to notice the new CP Ships logo appearing on B/Ls, Arrival Notices, Invoices and other documentation effective with the following sailings: Montreal - North Europe 1 (Previously known as Northern Service Route 1) Service Direction Vessel/Voyage Estimated Sail Date SCAC Code East CP Venture 082 E 18-Dec Montreal CPSU West CP Spirit 077 W 12-Dec Thamesport CPSU Montreal - North Europe 2 (Previously known as Northern Service Route 2) Service Direction Vessel/Voyage Estimated Sail Date SCAC Code East CP Pride 250 E 15-Dec Montreal CPSU West CP Honour 245 W 16-Dec Antwerp CPSU Montreal - North Europe 3 (Previously known as Northern Service Route 3) Service Direction Vessel/Voyage Estimated Sail Date SCAC Code East Flottbek 022 E 14-Dec Montreal CPSU West Cast Prestige 027 W 15-Dec Liverpool CPSU Montreal - Mediterranean 1 (Previously known as Mediterranean Service Loop A) Service Direction Vessel/Voyage Estimated Sail Date SCAC Code East Canada Senator 114 E 17-Dec Montreal CPSU West Montreal Senator 055 W 14-Dec Gioia Tauro CPSU Montreal - Mediterranean 2 (Previously known as Mediterranean Service Loop A) Service Direction Vessel/Voyage Estimated Sail Date SCAC Code East CP Triumph 418 E 16-Dec Montreal CPSU West CP Valour 205 W 13-Dec Valencia CPSU There is also a new Carrier SCAC code, as the old branded codes are being withdrawn. Effective from the vessel voyages listed above the SCAC code will have to be changed to the new code CPSU in all your documentation for the above services. This is specifically important to NVOCCs who transmit their own data to US Customs for AMS requirements, as failure to change the SCAC code would result in NO-LOADs and short shipment of cargo. If you currently use online services to trace shipments or print your documents, from 21st November you will need to log on to the new CP Ships website, www.cpships.com , instead of the branded site you currently use. If you were registered with more than one of our branded websites, you will be contacted shortly about the new, consolidated logon ID to use. If you were only registered with the Canada Maritime website, your logon ID and password will remain the same. We appreciate your continued support of CP Ships throughout this transition period and look forward to serving you as always. If you have any concerns or questions, please contact your local office. Canada Maritime Canada Maritime Canada Maritime Exporters of temperature controlled goods know how important it is that their produce arrives at their customers premises in the very best condition. Your contract, your business - your reputation - depends on your goods arriving in the exact condition specified by the customer. Not to mention at the exact time specified by the customer. That s why so many shippers work with Canmar. Right from the point of pick-up, the temperature of every container is individually controlled to maintain the optimum level. Airflow inside the container itself is also rigorously monitored to ensure that the atmosphere surrounding the produce stays fresh. We recognise that reefer shipping is a very diverse business with specific geographical flows and seasonal demands which have to be accommodated. To ensure we have the equipment to meet your exact requirements, we operate a large pool of state-of-the-art reefer containers and use sophisticated management systems to track their whereabouts. We have a specialist team of customer support staff dedicated to working with customers who ship temperature controlled cargo. They have unrivalled expertise and experience. And with our door-to-door service, we ensure that the perishable cargo will always be delivered in the very best condition. Contact your local representative for further details. Canada Maritime Container Specifications Canada Maritime Canada Maritime Code of Conduct Policy Canada Maritime will only transport dangerous or environmentally hazardous substances in full compliance and accordance with the following CODE OF CONDUCT. Canada Maritime will: 1. Ensure that all of its activities conform to or exceed that which may be required by the various international, national and regional statutes, regulations, legislation and other industry operating standards. 2. Manage the transportation of dangerous and/or environmental hazardous substances in a manner which will protect people and the environment, and take whatever preventative or remedial actions as may be required to ensure safe and efficient handling and transportation of any such substances. 3. Require that all transportation partners, carriers, agents and other service contractors acknowledge and support this initiative, and also confirm that they are in full compliance with the applicable regulations, and conduct their business affairs in an equally responsible manner. 4. Continually evaluate and take appropriate actions to minimize any risks howsoever associated with the transportation of any dangerous or environmentally hazardous substance. 5. Periodically examine the various components of the program to ensure that the most appropriate methods are utilized, and that transportation is in accordance with the applicable legislative requirements. 6. Maintain systems to ensure that all applicable and relevant information is conveyed to our business partners, clients and other parties, involved in the transport of these substances. 7. Implement and maintain an emergency response and reporting capability to ensure effective response and support to any transportation incident. 8. Provide technical support and assistance to business partners and clients to encourage and promote the safe and effective handling and transportation of such substances. Canada Maritime Schedule Search has been developed to give you a wide range of search options to find precisely the information you need to plan your shipments. Point to Point, Schedule List, Port Search and Vessel Search are already live and Schedule Report will be available soon. You can access these features by clicking on the links below. Point to Point lets you choose a preferred point of departure and arrival, and shows all services linking those points in a selected period of time. First select the regions between which you need to send your consignment, then choose the cities of origin and departure. Finally, select a departure date and decide how far ahead of that you want to look. Schedule List shows you the standard list of schedules for all our routes. But we have introduced new features to make it much simpler to search both directions and all the loops in any one service. The schedules include vessels, voyage numbers, departure and arrival dates and ports of call. Once you are in any schedule, you can access two extra features by clicking either the ship name to obtain extra information about the ship (including flag, tonnage and year built) or the date of a completed port call, to find out exactly what time the ship arrived and departed. Port Search gives you a detailed onscreen report showing all of the vessels calling at a particular port: simply choose the information from the drop-down lists and click search. Once you have created your search, you may sort the data by clicking on any of the column headings. Vessel Search shows you all of the movements of any Canmar Maritime ship over a period of time that you choose. Just fill in the information you need from drop-down lists, and click the search button. Once you have created your search, you may sort the data by clicking on any of the column headings. Schedule Report, coming soon. Schedule report is a detailed report on any of our schedules. It includes cut off times and inland transportation for different voyages on the route, allowing you to plan your shipments and timings. It also shows both arrival and departure dates for each port of call. You can print the report for reference and filing. To view a Printable Report (PDF) you will need Adobe Acrobat Reader version 5 or lower installed in your computer. Schedules by e-mail, coming soon. To receive sailing schedule information tailor-made for your requirements, register with us. We will send you, via e-mail, the schedules of the services you select, in the direction you select. You can choose to receive these schedules on a weekly, bi-weekly or monthly basis whatever you specify. All the information and only the information you require. Canada Maritime Important Information We are migrating our On-Line Services to a new operating system. For a short period, please click here for current On-Line Service information or click here for historical information. Canada Maritime Important New Operational Regulatory Requirement Effective immediately, any container returned for movement by rail for export through a Canadian port must be delivered with both the United States Customs AES and the ITN confirmation numbers. The driver must present these numbers, along with their other paperwork for movement by rail, when returning the loaded unit. For cargo destined for ports in Europe, including the Mediterranean, via the port of Montreal, containers will only be accepted and loaded to rail with a valid AES number until July 14, 2003. As July 14 is only a few weeks away, we would ask that you implement this practice immediately. Cargo destined for Asia via the Port of Vancouver will be accepted but will be grounded until both numbers are provided. Additional lift charges of $50.00 and storage charges of $50.00 a day will be assessed until these numbers are provided. As of July 14, 2003 all containers, regardless of the port of exit, will be refused at gate without these numbers. CPR has been forced to take this action due to increased verification by United Customs Border Service of the AES and ITN for containers leaving the US destined for the ports of Montreal and Vancouver in Canada. They have found numerous containers on rail at the border trying to leave the U.S. with inaccurate numbers or with AES numbers that have not been registered within USC services. As per legislation this is prohibited and they have to order the containers to be set aside. This creates major disruption and delays not only the offending container but also all other containers on the railcar. The AES and ITN numbers must be highlighted and clearly legible on the trucker's paper work. If a container arrives at the border with an invalid AES or AES number that has not been registered with USC, the railcar will be removed. If it is found that improper numbers were provided and the rail car is ordered to be removed from the train, a set off fee of $200 will be assessed as per the CPR tariff rate. As of July 14, 2003, this will increase to $300.00. In addition CP Ships will charge a further $75.00 administration fee. All charges will be for the account of the cargo. For any additional information on filing via the AES systems or on ITN confirmation numbers, we recommend that you contact your local USC representative or visit their web site at www.AESdirect.gov . Canada Maritime Accolades Coming Soon Canada Maritime ! For Bookings Call: UK Strand Voyages 1 Adam Street London WC2N 6AB United Kindom Canada The Cruise People Ltd 1252 Lawrence Ave. E. Suite 202, Don Mills, Ontario M3A 1C3, Canada Telephone: +44 (0) 207-766 8220 Fax: +44 (0) 207-766 8225 Email: voyages@strandtravel.co.uk Web: www.strandtravel.co.uk Telephone: (416) 444 2410 Telephone: 1-800-268-6523 (Canada and United States) Fax: (416) 447 2628 Email: cruise@thecruisepeople.ca Web: http://www.thecruisepeople.ca Canada Maritime Canada Maritime Canada Maritime Canada Maritime Canada Maritime Canada Maritime Weight If you see this message your web browser does not support JavaScript or you have disabled JavaScript on your browser. The calculator will not work without enabling JavaScript. Enter the amount (weight as a number): Convert Pounds to Kilos Convert Kilos to Pounds Results Here are the results of your weight conversion: Weight Weight in Metric tons Canada Maritime Temperature If you see this message your web browser does not support JavaScript or you have disabled JavaScript on your browser. The calculator will not work without enabling JavaScript. Enter the amount (temperature as a number): Convert Fahrenheit to Celsius Convert Celsius to Fahrenheit Results Here are the results of your temperature conversion: Temperature Canada Maritime Commodity Tables "While every effort has been made to ensure the reliability of this information, Canmar cannot accept responsibility for its accuracy, nor as to whether it may be appropriate for any individual shipment and Canmar shall have no liability for any errors or any omissions related thereto. The data provided here, based on industry standards, is for general guidance only, and should not be used without checking. Shippers are responsible for determining and declaring the settings appropriate for their goods." Fresh Fruit and Vegetables Download PDF Meat, Dairy, Fish and Others Download PDF Canada Maritime Conversion Length Temperature Weight Length Use our length conversion calculator to convert: Centimeters and Meters (metric) Inches, Feet, Yards and Miles (worldwide) Use the Length calculator Temperature Use our temperature calculator facility to convert: Celsius (metric) Fahrenheit (worldwide) Use the Temperature calculator Weight Use our length calculator facility to convert: Kilos and Metric tons (metric) Pounds (worldwide) Use the Weight calculator Canada Maritime Length If you see this message your web browser does not support JavaScript or you have disabled JavaScript on your browser. The calculator will not work without enabling JavaScript. Enter the amount (length as a number): Convert Centimeters to Inches Convert Inches to Centimeters Results Here are the results of your length conversion: Centimeters Meters Inches Feet Yards Miles Canada Maritime Loading Checklist Printer Friendly Table Refrigeration unit is operational Container is not damaged Door Seals are in good order Container is odor-free Container interior is clean, no debris blocking floor or drains Generator is operating and has sufficient fuel Microprocessor controller is set to correct temperature (Check for Celsius or Fahrenheit) Fresh air exchange rate is set properly, check for cubic feet per minute (cfm) or cubic meters per hour (cmh) Partlow paper chart (if equipped) installed and marked with correct details 'Trip start' and 'trip header' input for the microprocessor recorder Container passes air leakage test (for MA/CA load) Container identification is documented Remove unwanted heat from the walls by pre-cooling to the appropriate temperature Cargo is at specific pulp temperature Correct cargo is loaded into container Cargo is properly stowed, stable and loads below the red line Package count is correct Mark positions of recorders, air bags and other details of stowage Security seal number is recorded Security seal is properly attached to rear door of container Call Canmar customer service if you have any queries Canada Maritime Glossary Frozen Cargo Chilled Cargo Refrigerated Containers (Reefers) The Controller The Refrigeration The Ventilation Gensets Nonoperating Reefer Controlled Atmosphere Humidity Control Pre-cooling of the Cargo Frozen Cargo Generally classified at the following temperatures (0F to -10F) or (-23C to –10C). In this mode, the vents must always be closed and the temperature is read via the air return sensor. Frozen cargo are not as sensitive to fluctuations or variations in temperatures. Typical frozen cargoes are beef, chicken, fish, frozen juice and frozen vegetables. It is imperative that the cargo is pre-cooled within 10F or 6C of the set temperature before the cargo can be loaded in the reefer. Top of page Chilled Cargo Classified as cargo at the following temperature (+14F to +77F) or (-10C to +26C). In this mode, the vents must be closed if the temperature is set at 28F (-2C) or cooler. If the temperature is set higher than 28F (-2C), the vents must be opened to a percentage indicated by the customer. Chilled cargoes are set at temperatures sufficiently cold to prevent deterioration, or in the case of fruit retard the ripening process. These cargoes can be very sensitive to temperature fluctuations. Chilled cargo types range from chilled meats to chilled fruits to chemicals to live plants to wines. These cargoes are more sensitive and extra care must be taken to ensure that the cold chain is not interrupted. Temperature settings should be listed on the bill of lading. It is the customer’s responsibility to instruct the appropriate carrying temperature. Top of page Refrigerated Containers (Reefers) Reefers are special containers used to transport cargo that needs temperature maintenance. A reefer can be compared to a large refrigerator that is maintaining the temperature of a cargo in order to ensure that the cargo is marketable. These cargoes can be chemicals, human consumables, films, medicines and adhesives. The reefer is an insulated container with an integral refrigeration unit designed to maintain set temperatures. The reefer is equipped with vents that can be opened or closed to maintain airflow into the container. It is dependent on outside energy sources such as a generator or power from the vessel or terminal to remain operating. Reefers are built in aluminum or stainless steel. Stainless steel is the new trend in the industry and gives better protection to the cargo and allows for better maintenance results for the container. Top of page The Controller Also called the microprocessor, controls the refrigeration function of the reefer. The microprocessor produces precise temperature settings and electronically records the activities inside the reefer by producing a temperature data log. The two modes a reefer operates under are Chilled and Frozen. The controller also can be programmed to perform other services for customers. Top of page The Refrigeration Is made up of a compressor, a condenser, evaporator coils and expansion valves. Through the function of the controller, these sections operate to maintain a set temperature constantly adjusting as the cargo emits heat and the outside temperature attempts to affect the cargo. Top of page The Ventilation The reefer has vents, which are set to a predetermined level. This level is dependent on the type of cargo being moved and the type of functions that the reefer is performing. The functionality of these vents is for the reefer to expel harmful gases from inside the container and to introduce more oxygen. Fruits, plants and vegetables are constantly perspiring. They produce gases such as ethylene and carbon dioxide that, if contained in a closed environment, will speed up the ripening process. The vent openings should be given special consideration any time there is chilled fruits or vegetables. Vents settings can be measured in CBM/hr. (Cubic meters per hour) or on a percentage basis. Top of page Gensets The reefer is dependent on outside energy sources to remain operating. The reefer is either plugged on the vessel, at terminal, at the warehouse or to a generator (genset). Gensets are diesel generators that generate electrical power for the reefer. Gensets have a small diesel engine coupled to an alternator and will produce sufficient electrical power to operate reefers during periods of transportation when shore power is not available. The fuel tank of a genset can carry from 60 to 120 gallons of fuel. General rule is that a genset will consume 1 gallon of fuel per hour of usage. High capacity gensets of 120 gallons are restricted to clip ons and will be used on all rail moves and on longer truck moves. We use two types of gensets: Clip-on gensets are designed to be mounted on the front of a reefer container -a prerequisite is that the reefers are fitted with two pockets in which the genset will hang. Clip ons are easily removable from the container. Weight 1,675 lbs. Fuel Capacity 120 gallons (1,108.8 lbs.) Chassis Weight 6,500 lbs. Underslung gensets are attached beneath a standard chassis frame. An underslung is affixed with little labor and is maintained on the same chassis until removed. Weight 1,400 lbs. Fuel Capacity 70 gallons (646.8 lbs.). Chassis Weight 6,500 lbs. Gensets are mandatory for all reefer shipments where there is overland logistics from origin or to final destination. Only exception is for frozen cargoes that have an inland transport of 4 (four) hours or less (except ice cream) or when the rail provides its own power on the rail. Top of page Nonoperating Reefer A nonoperating reefer is a reefer that is used solely for its insulation capabilities. In these instances the reefer is not turned on. The reefer’s walls have insulation that delay outside weather conditions from being assimilated in the container. The insulation of the reefers is not a foolproof way of preventing the outside elements from entering into a container. As time passes, the inside of the container will assimilate outside weather conditions. Use of a nonoperating reefer merely delays outside weather conditions from entering the inside of the reefer. Nonoperating reefers are typically used to prevent cargoes such as water or wines from freezing during the colder months of the year. Use of these services may be freighted as high as using a normal operating reefer. Top of page Controlled Atmosphere Controlled Atmosphere (CA) is a way of slowing down the ripening or aging process of cargoes. By delaying the decay process, customers benefit from having cargo with an extended shelf life. CA achieves this by altering the atmospheric conditions inside the reefer. CA introduces nitrogen into the container displacing oxygen, carbon dioxide and other gases that decay the cargo. CA coupled with the correct temperature and closed vents are optimal for some fruits and vegetables. Top of page Humidity Control Humidity control can indicate either the removal (dehumidify) or the addition (humidify) of water vapors into the reefer. A.Dehumidification Most commonly, customers are referring to dehumidification when they are asking about humidity control. We can arrange relative humidity levels of 65% to 85% but do not guarantee this service, as there are too many variables, such as different cargo types, weather conditions etc., involved to ensure these parameters. This dehumidification service is only attainable when the reefer is in Chilled mode and the set temperature is between 28F to 77F (-2C to 26C) . Generally, this function will be less effective when the vent setting is open on high. Suggested vent setting is 20 CBM/H or below. Our containers can be retrofitted with this service by adding the appropriate software and sensor. A container can be identified whether it has the "dehumidification ability" by the pretrip. A simple download from the appropriate software can retrofit most of our containers to have the "dehumidification ability". With a retrofit, you can lower the humidity to a desired level. The microprocessor will activate the extractor fans and heaters in the container until the humidity is lowered to the desired level. Top of page Pre-cooling of the Cargo “Pre-cooling” is the commonly used term for bringing the temperature of the cargo down to the required carrying temperature (set point). The pre-cooling of the cargo is the responsibility of the customer. In addition, the customer must ensure that the cold chain is uninterrupted before the cargo is stuffed into the container. Top of page Canada Maritime Canada Please select... A.C.I. Imports A.C.I. Export U.S.A. Please select... 24 Hour Rule TDA India Please select... Bolt or Bottle Seals Canada Maritime Terms and Conditions of Carriage CP Ships uniform Bill of Lading and Sea Waybill Note. Where this document is issued as a Non Negotiable Sea Waybill, all references herein to "Bill of Lading", except those in Clauses 1 (f) and 16 (g) below, shall be read to mean "Sea Waybill" Definitions Carrier's Tariff Law and Jurisdiction Subcontracting/Himalaya Clause Carrier's Responsibility and Clause Paramount Container and Optional Stowage Statements Relating to the Goods Inspection of Goods Dangerous/Hazardous/Damaging, (Dangerous Goods) Regulations Relating to Goods Deck Cargo Matters Affecting Performance Methods and Route of Carriage Freight Lien Notification and Delivery Notice of Claim Time For Suit General Disclaimers and Limitation of Liability General Average (GA) Validity and Supercession Both to Blame Collision Clause (BIMCO) 1. DEFINITIONS. As used in this Document: a) Carriage: means acts undertaken by the Carrier in relation to the Goods including transportation, loading, unloading, handling, stowage and, where applicable either under local law or under the terms of this Bill of Lading, storing, warehousing, discharging, care and custody. b) Carrier: means the company identified as the Carrier on the front of this Bill of Lading. c) Container: includes any ISO standard container, flat rack, trailer, or other item of transportation equipment in conformance with ISO standards. d) Freight: includes all charges payable to the Carrier in accordance with the applicable tariff and this Bill of Lading. e) Goods: means the whole or any part of the cargo accepted from the Merchant and includes any Container, pallet or similar article of transport or packaging. f) Hague Rules: means the provisions of the International Convention for the Unification of Certain Rules relating to Bills of Lading signed at Brussels on 25th August 1924 as amended by the Protocol signed at Brussels on 23rd February 1968 ( the Hague-Visby Amendments) and by the Protocol signed at Brussels on December 21st 1979. g) Merchant: includes the shipper, consignee, receiver of the Goods; any Person owning, accepting or entitled to the possession of the Goods or of this Bill of Lading including the lawful holder of the Bill of Lading and anyone acting on behalf of any such persons including non vessel operating common carriers and freight forwarders. h) Multi-Modal Transport: arises if the place of receipt and/or the place of delivery are indicated on the face hereof in the relevant spaces. i) Package: includes Container, flat rack, van, trailer, pallet, tank or skid. Vehicles, yachts and machinery shall be deemed to be Packages. j) Person: includes an individual, group, company or other entity. k) Port to Port Shipment: arises if the Carriage is not Multi-Modal Transport. l) Sub-contractor: includes Owners and operators of Vessels (other than the Carrier), stevedores, terminal and groupage operators, Underlying Carriers and any independent contractor employed by the Carrier in performance of the Carriage. m) Underlying Carrier: includes any water, rail, motor, air or other carrier utilised by the Carrier for any part of the transportation of the shipments covered by this Bill of Lading. n) Vessel: includes the ship named on the face of this Bill of Lading, all substituted, subcontracted and feeder vessels, and all means of sea transportation, however described, which substitute in whole or in part, for the vessel named on the face hereof. Top of page 2. CARRIER'S TARIFF. The terms and conditions of the Carrier's applicable tariff are incorporated herein, including those provisions relating to Container and vehicle demurrage. Copies of the relevant provisions of the applicable tariff are obtainable upon request. In the event of any inconsistency between this Bill of Lading and the applicable tariff, this Bill of Lading shall prevail. Top of page 3. LAW AND JURISDICTION. a) Shipments to and from Ports outside the United States of America (U.S.): Unless the Carrier otherwise agrees in writing, any claim by the Merchant shall be referred to the exclusive jurisdiction of the High Court of Justice, England, which shall apply English law. Any claim by the Carrier shall be referred at Carrier's sole option to the High Court of Justice, England, or to London Arbitration under the current rules of the London Maritime Arbitrators Association (LMAA), with each appointing its own arbitrator, the two so chosen appointing a third, English Law to apply. In the event of an award the arbitrators shall award simple interest. b) Shipments to and from Ports of the U.S.: Except as provided in the second sentence hereof, any claim shall be subject to the exclusive jurisdiction of the U.S. District Court of the Southern District of New York, which shall apply U.S. Law. Notwithstanding the foregoing, at Carrier's sole option, any claim hereunder may be dealt with as set out in 3 a) above. c) Notwithstanding (a) and (b) above, all shipments to and from ports of Mexico shall be subject to the exclusive jurisdiction of the Mexico City Federal Court, which shall apply Mexican Law. Top of page 4. SUBCONTRACTING/ HIMALAYA CLAUSE. a) The Carrier shall be entitled to sub-contract on any terms the whole or any part of the Carriage, loading, unloading, storing, warehousing, handling and any or all duties whatsoever undertaken by the Carrier in relation to the Goods. b) The Merchant undertakes that no claim or allegation whatsoever shall be made against any servant, agent, or Sub-contractor of the Carrier (including owners, master and crew of any Vessel) which imposes or attempts to impose upon any of them, or any property or vessel owned or demised chartered by any of them, any liability whatsoever in connection with the Goods and if any such claim or allegation should nevertheless be made, to indemnify the Carrier against all consequences thereof. Without prejudice to the aforesaid, every servant, agent and Sub-contractor shall have the benefit of all provisions herein benefiting the Carrier as if such provisions were expressly for their benefit and in entering into this contract the Carrier, to the extent of those provisions, does so not only on his behalf, but also as agent and trustee for such servants, agents and Sub-contractors. c) In entering into this Bill of Lading contract the Carrier does so not only on its own behalf, but also as agent and trustee for such Sub-contractors, their servants and agents. Top of page 5. CARRIER'S RESPONSIBILITY AND CLAUSE PARAMOUNT. a) Port-to Port Shipments. 1. Except as provided in sub-paragraph (2), when loss or damage has occurred between the time of passing ships rail on loading of the Goods at the "Port of Loading" and the time of passing ships rail on discharge at the "Port of Discharge", then the Hague Rules shall be compulsorily applicable to this Bill of Lading. The Carrier shall be under no liability whatsoever for loss of, or damage to, the Goods, howsoever occurring, if such loss or damage arises prior to loading onto, or subsequent to the discharge from, the Vessel. Where the Carrier arranges any transportation, storage, handling or other service whatsoever in respect of the Goods prior to loading or subsequent to discharge from the Vessel, it does so solely as agent of the Merchant and at Merchants risk. Notwithstanding the foregoing, in the event that any applicable compulsory law provides to the contrary, the Carrier shall have the benefit of every right, defence, limitation and liberty set forth in the Hague Rules as applied by this Clause during such additional compulsory period of responsibility. 2. Notwithstanding anything contained in Clause 5 (a) (1) above, in the event that this Bill of Lading covers shipments to or from the U.S., then the U.S. Carriage of Goods by Sea Act 1936 ("COGSA") shall be compulsorily applicable and shall also govern before the Goods are loaded on and after they are discharged from the Vessel provided, however, that the Goods at said times are legally considered to be in the actual custody of the Carrier, an Underlying Carrier or Sub-contractor. b) Multi-Modal Transport. 1. With respect to Multi-Modal Transport from, to, or within the U.S., where the Goods are in the custody of an Underlying Carrier or Sub-contractor, Carrier's liability shall be governed by the provisions of Clause 5 (a) (2) above. In the event Clause 5 (a) (2) is held inapplicable to such Multi-Modal transport from, to or within the US, then Carrier's liability shall be governed by and be subject to the terms and conditions of the Underlying Carrier's Bill of Lading and/or tariff which is incorporated herein as if herein set forth at length. Notwithstanding the foregoing sentence, in the event there is a private contract of carriage between the Carrier and an Underlying Carrier or Sub-contractor, such Multi Modal Transport will be governed by the terms and conditions of said contract which shall be incorporated herein as if set forth at length and copies shall be available to the Merchant at any office of the Carrier upon request. When the "Place of Receipt" box overleaf has been utilised, any notation on this Bill of Lading of "on board", "loaded on board", "shipped on board" or words to like effect, shall be deemed to mean on board the means of transportation performing the Carriage from the "Place of Receipt" to the "Port of Loading" set out overleaf. 2. With respect to all Multi-Modal Transport outside the U.S. where COGSA is not contractually applicable, and outside Mexico, the Hague Rules shall apply whether the loss or damage occurs on land or sea. 3. With respect to loss/damage to Goods during the portion of the Carriage as relates to road Carriage between countries in Europe, liability shall be determined in accordance with the Convention on the Contract for the International Carriage of Goods by Road. ("CMR") dated 19th May 1956; and during rail Carriage between Countries in Europe according to the International Agreement on Railway Transports ("CIM") dated 25th February 1961. With respect to loss/damage to Goods during the portion of the Carriage as relates to road or rail transportation within a State other than the U.S., then liability shall be determined in accordance with the internal law of such State and/or any International convention which is compulsorily applicable by the laws of such State. In the absence of such laws or conventions then the provisions of Clause 5 (b) (4) will apply. 4. In the event the provisions of this subsection 5 (b) (1 to 3) are held inapplicable to any aspect of the Carriage covered by local law or International Convention or otherwise, the Carrier shall nevertheless be relieved of liability for loss or damage occurring during the Carriage if such loss or damage was caused by any event which the Carrier could not avoid and the consequences whereof he could not prevent by the exercise of reasonable diligence. c) Subrogation When any claims are paid by the Carrier to the Merchant, the Carrier shall be automatically subrogated to all rights of the Merchant against all others, including Underlying Carriers, on account of such loss or damage. Top of page 6. CONTAINERS AND OPTIONAL STOWAGE. a) Generally 1. This Bill of Lading shall at all times govern the Carrier's obligations in connection with or arising out of the supplying of a Container to the Merchant, whether before, during or after the Carriage. 2. The Carrier may, at any time, and without notice to the Merchant, unpack and remove Goods which have been packed into a Container and forward them in another Container or otherwise. 3. Except when Goods are containerised by the Carrier, the Merchant is solely responsible for selecting the proper type of Container for the Goods. The Carrier is not liable for any loss caused by the unfitness of the Container for Carriage of the particular Goods being shipped. 4. Superficial rust, oxidation or condensation inside the Container or any like condition due to moisture is not the responsibility of the Carrier. 5. The Merchant shall indemnify the Carrier against any loss, damage, liability or expense arising from any act or omission by the Merchant, his servants, or agents, arising directly or indirectly from, but not limited to, the packing or stowage of cargo in the Container or its use including handling thereof. b) Carrier Supplied Containers. 1. If Containers supplied by or for the Carrier are unpacked at the Merchant's premises, the Merchant is responsible for returning the empty Container in working condition with interiors brushed and cleaned. The Containers must be returned to the point or place designated by the Carrier within the time prescribed failing which the Merchant will be liable for all resulting direct, incidental and consequential damages including demurrage, detention and per diem charges, however designated. 2. The Merchant's use of a Carrier supplied Container shall be conclusive proof of its sound condition and its fitness for the Goods. c) Merchant Packed Containers. With respect to Containers packed by the Merchant: 1. The Merchant is solely responsible for inspecting the Container before packing to ascertain its soundness; if necessary cleaning the Container before packing; and properly packing, blocking and bracing the Goods inside the Container. 2. The Carrier is not liable for any loss caused by any defective condition of the Container (unless the Container was supplied by the Carrier and the defect was latent); the Merchant's failure to clean the Container before packing; or the manner in which the Container has been packed. d) Special Container. 1. The Carrier does not undertake to provide Goods with any special care nor to carry them in any special Container, nor to carry any special Containers packed by or for the Merchant. Instead, the Carrier will treat such Goods as ordinary Goods and such special Container as standard dry cargo shipping Containers. 2. The Merchant's attention is drawn to the fact that refrigerated Containers are not designed to freeze or to chill down Goods which, at the time of packing into the Container, are not at or below the temperature designated for Carriage. The Carrier is not responsible for Goods which at packing are of a higher temperature than that required for Carriage. 3. In no case does the Carrier accept responsibility for the proper functioning of special Containers supplied by or for the Merchant. 4. Any waiver or variation of this Clause 6 d) must be noted on the face of this Bill of Lading, but will take effect only after all Freight has been paid. e) Container Chassis. Except in case of Carrier supplied chassis, it is, at all times, the obligation of the Merchant, and not the Carrier, to choose the proper platform, chassis or trailer for any Container, and to properly place a Container on a platform, chassis or trailer. If any Person in the Carrier's control or employment undertakes to engage in any such activities, they shall be considered as agents or servants of the Merchant. f) Container seals. The Merchant undertakes to deliver Containers to the Carrier with an intact high security seal in place. In the event the Container is not so sealed, the Carrier reserves the right, at Merchant's expense, to return the Container to the Merchant for resealing, or to affix a seal. In the latter case the Carrier is deemed to be acting on the instruction of, on behalf of and as agent for the Merchant. Top of page 7. STATEMENTS RELATING TO THE GOODS. a) If any particulars of a letter of credit, import licence, sales contract, invoice, order number, document or transaction to which the Carrier is not a party are shown on the face of this Bill of Lading, those particulars are included solely at the Merchant's request and for his convenience. The inclusion of those particulars is not a declaration of value and in no way affects the Carrier's liability under this Bill of Lading. b) All statements in this Bill of Lading such as "shippers weight load & count" mean that the Goods were loaded, packed or stuffed by the Merchant, and all descriptions of such Goods (including marks and numbers, numbers & kind of Packages, description, quantity, quality, weight, measure, nature, kind, value or any other particulars) are furnished by the Merchant and have not been checked by the Carrier. c) The Carrier does not have the facilities to weigh sealed Containers or Packages at the load port and has neither inspected their contents nor weighed them. Any references in this Bill of Lading such as "On Board", "Shipped on Board" or "Clean on Board" relate solely to the Containers or Packages and not to their contents. d) The Carrier shall not be liable for damages caused by non-receipt or misdescription of the Goods in this Bill of Lading under the circumstances described in this Clause 7. Top of page 8. INSPECTION OF GOODS. The Carrier and any Persons authorised by the Carrier are entitled, but under no obligation, to open any Container, Package or shipping unit at any time either to inspect the contents or if requested or ordered to do so by any governmental authority. The Carrier is not liable for any loss arising out of the opening or inspection of the Goods. Top of page CPUN BL A4 Rev. December 2003 9. DANGEROUS/HAZARDOUS/DAMAGING, (DANGEROUS) GOODS. The Merchant will not tender any Dangerous Goods for Carriage without giving the Carrier prior specific written notice of their Dangerous nature, and marking the outside of the Container and Goods as required by law. If Dangerous Goods are delivered to the Carrier without marking or without its consent, they may be destroyed, disposed of, abandoned or rendered harmless without compensation to, and at the cost of the Merchant. The Carrier has no obligation to make any General Average contribution in respect of undeclared or unmarked Dangerous Goods. In addition to complying with the requirement of Clause 6, above, the Merchant shall be solely responsible for packing all Dangerous goods in a manner sufficient to comply with law, regulations and/or international convention and adequate to withstand the risk of Carriage. Before Carriage, the Merchant must obtain from the Carrier a special stowage order giving consent to the Carriage of such Goods. Top of page 10. REGULATIONS RELATING TO GOODS. The Merchant shall comply with all regulations or requirements of customs, port and other authorities and shall bear and pay all duties, fines, imposts, expenses or losses including but not limited to those arising from delays, re-stowage and re-routing costs incurred or suffered by the Merchant, the Carrier or other parties by reason of any illegal, untimely, incorrect, amended, incomplete or insufficient marking, numbering, sealing, notification or addressing of the Goods and indemnify the Carrier in respect thereof. In addition to the liberties set out in Cl 10, 12 and 13 hereof, the Carrier reserves the right, at Merchants expense to; refuse to load, unload, return, re-route or otherwise dispose of any goods in respect of which the Carrier has reason to believe the Merchant has not complied with regulations regarding import or export notification or security issues. Top of page 11. DECK CARGO. a) Goods, including Goods packed in Containers by the Carrier or the Merchant, may be carried on deck without notice to the Merchant. Goods, other than livestock, stowed in any covered-in-space, or packed in a Container carried on deck shall be deemed to be stowed under deck for all purposes including, where applicable, COGSA and the Hague Rules. b) If Goods not shipped in Containers are shipped on deck according to the custom of carrying such Goods, or if the on deck Carriage is stated on the face of this Bill of Lading, then the Carrier is not liable for any loss or damage howsoever caused. c) To the extent that Clause 11 (a) or (b) is adjudged to be inapplicable or unenforceable, the Carrier shall have all defences available under this Bill of Lading or any other law including COGSA and the Hague Rules. Top of page 12. MATTERS AFFECTING PERFORMANCE. a) The Carrier is under no obligation to take any particular measures with respect to the Goods. However, if at any time it appears that Carriage of all or any part of the Goods cannot safely or properly be continued at all or without incurring additional expense, or taking additional measures, then the Carrier may: 1. abandon the Carriage of the Goods, or 2. take any measures and incur any reasonable additional expense to continue the Carriage, to store the Goods ashore or afloat under cover or in the open, at any place. b) If at any time the Carriage is or is likely to be affected by any hindrance, risk, delay, difficulty or disadvantage of any kind (other than the inability to effect safe, proper or further Carriage of the Goods), the Carrier may: 1. without notice to the Merchant, abandon Carriage of the Goods and place them at the Merchant's disposal at any place or port which the Carrier deems safe and convenient; and/or 2. upon notice to the Merchant, suspend Carriage of the Goods and stow them ashore or afloat. The Carrier will try to forward the Goods as soon as possible after the cause of the suspension has been removed, but the Carrier makes no representations or warranties as to the maximum period of time between removal of the cause of suspension and forwarding of the Goods. c) The Carrier's abandonment or suspension of Carriage shall not end or suspend any of its defences. The Carrier's suspension of Carriage shall not affect its right to subsequently abandon Carriage. d) In any of these situations, the Carrier shall, nevertheless, be entitled to full freight on the Goods received for transportation and the Merchant shall pay any additional cost of Carriage to and delivery and storage at any such place or port. Top of page 13. METHODS AND ROUTE OF CARRIAGE. a) The Carrier may at any time and without notice to the Merchant: 1. use any means of Carriage whatsoever; 2. transfer the Goods from one conveyance to another including but not limited to transhipping or carrying them on a Vessel (other than that named on the face of this Bill of Lading); 3. proceed by any route in the Carrier's discretion (whether or not the nearest or most direct or customary or advertised route), at any speed, and proceed to or stay at any place or port whatsoever, once or more often, and in any order; 4. load, unload and/or store the Goods at any place or port (whether or not the place of delivery or port of discharge); 5. comply with orders, directions or recommendations given by any governmental authority, or by any body purporting to be a governmental authority, or by any Persons authorised under the terms of the insurance of the Vessel; or 6. permit the Vessel to proceed with or without pilots,