Sales Invoice Terms and Conditions Sample for Operations

Sales invoice terms and conditions sample for Operations

[Music] for latest updates subscribe to our channel and press the bell icon [Music] terms and conditions of the bill of lading this presentation is a tutorial prepared by jvs academy to help users learn the nuances of preparing a bill of lading these are general guidelines and specific details that may vary due to geographical or legal requirements this video is prepared by jbs academy to simplify the terms and conditions that appear on the reverse side of a bill of lading for special cases of shipping please refer to the original rules which have been given on the reverse side of the bill of leading as in different companies sometimes rules may vary the following conditions are on the reverse side of the bill of lading during sea transport definitions carriage means all operations and services undertaken by the combined transport operator or cto in respect to the goods combined transport means the carriage of goods by at least two different modes of transport on the basis of a combined transport contract this comes from an inland container depot or icd or port in any country where the goods are taken in charge of by the combined transport operator or cto to a place designated for delivery situated in any other country combined transport operator or cto means the issuer of a combined transport document ctd who on his or her behalf or through another person acting on his or her behalf concludes a combined transport contact for the transportation of goods [Music] they are also who assumes responsibility for the performance of the combined transport contact provided however he or she has as his or her ordinary course of business the carriage of goods by sea either as the owner or the charter of an ocean-going vessel consignee means the person entitled to take the delivery of the goods container includes any container trailer transportable tank flat pallet or any similar article of transport used to consolidate goods delivery means delivering the goods to or placing the goods at the disposal of the party entitled to receive them freight includes all charges payable to the cto in ance with the applicable tariff goods means the cargo received from the shipper and includes any container not supplied by or on behalf of the cto [Music] holder means any person for the time being in possession of the ctd to whom the property of the goods has passed either by reason of the consignment of goods or the endorsement of the ctd or otherwise inland container depot or icd means a place where customs clearance of goods is given from and to the country in which the icd is located merchant means and includes the shipper the consignee the holder of the ctd the receiver and the owner of the goods effective issue the issuance of this ctd lays down and imposes on all parties having or hereafter acquiring an interest in the rights obligations and defenses set out in these conditions negotiability and title to the goods ctd is accepted by the merchant in doing so the merchant and his or her transferees agree with the cto that unless marked as non-negotiable it shall constitute a title to the goods and the holder this ctd is prima fascia evidence of the cto taking charge of or taking responsibility for goods described herein the proof to the contrary shall not be admissible when the ctd has been negotiated responsibilities and liabilities of the issuance of this ctd the cto has many responsibilities and liabilities transport goods including all the services which are necessary for such transport at the time of delivery should be in his or her own name they undertake all tasks to perform or procure all necessary actions to ensure delivery they accept responsibility for the acts and omissions of his or her agents or servants as well as other persons whose service he or she uses for the performance of the contract as evidenced by this ctd they assume liability for any damage or loss of goods at the time of receiving goods in custody or at the time of delivery or delay in delivery he or she then will pay compensation as set out in the conditions they undertake the avoidance covered rights and duties of the parties the consignor must guarantee the cto the accuracy at the time of the goods being received in custody by the cto that the consignor shall indemnify the cto against all losses damages and expenses arising out of or resulting from inaccuracies or inadequacy of such particulars [Music] the consignor shall comply with rules which are mandatory ing to national law or international conventions relating to the carriage of goods of a dangerous nature he or she shall in any case inform the cto in writing of the exact nature of the dangerous goods taken into custody by the cto he or she must also mention the precautions that need to be taken if the consignor fails to inform the cto about the nature of the goods and the goods are found out to be hazardous to life or property they can be unloaded at any time destroyed or rendered harmless if needed this can be done without any compensation for the consignor who will also be liable for all loss damage or delay if the ctd is issued in negotiable form then the contrary shall not be admissible the cto shall be prima fascia liable to have delivered the goods as described in the ctd unless notice of loss or damage to the goods is provided liability for loss or damage when the stage of transport is not known the cto is liable to pay compensation in any stage of transport when loss of or damage to the goods is not known this loss and damage shall not exceed the monetary limit indicated in this regard in any international convention or national law that has to be applied in any case the cto cannot be held liable for an amount greater than the actual loss to the person entitled to make a claim when the stage of transport with respect to loss of or damage to the goods is not known the cto shall not be liable to pay such compensation if it was caused by act or omission of the consignor or consignee insufficient or defective condition of the packaging or visible marks inappropriate handling loading storage or unloading of the goods by the consignor or the consignee inherent vice of the goods strike lockout stoppage or restraint of labor the consignee of which the cto could not avoid by the exercise of reasonable diligence any unavoidable event or circumstance any nuclear incident of the operator of a nuclear installation the burden of providing that the loss or damage was due to one or more of the above causes or events shall rest upon the cto [Music] liability for loss or damage the cto is liable to pay for the damage and loss of the goods ing to international conventions or national law liability for delay the cto is liable for delay only if it is known or ing to international convention or national law provision which cannot be departed from by private contract to the determinant of the claimant would have applied if the claimant had made direct and a separate contract with the cto as operator for that stage of transport and received as evidence for any particular document which must be issued in order to make such international conventions or national laws applicable failure to effect delivery delivery should be done in 120 days if it is not done in this time limit it would be reasonable to allow for diligent combination of the combined transport operation in the absence of evidence to the contrary it shall give the party entitled to receive delivery the right to treat the goods as lost time bar the cto will be discharged of all liability under these conditions unless a suit is brought within nine months after the delivery of goods the date of when the goods should have been delivered the date when in ance with condition 9 failure to deliver the goods would in the absence of evidence to the contrary give the party entitled to receive delivery the right to treat the goods is lost lien the cto shall have lien on the goods and any documents relative there too for all the sums payable to the cto under this ctd this includes all land-based charges and for the cost of recovering the same and may enforce the same in any reasonable manner which he or she may think fit general average the merchant shall indemnify the cto in respect of any claims of a general average general average shall be adjusted and payable ing to the york antwerp rules of 1974 as amended in 1990. if an accident damage or disaster occurs before or after commencement of the voyage the cto is not responsible by stature the goods and merchant jointly and severely shall contribute with the cto in general average to the payment of any sacrifice loss or expenses the cto shall be under no obligation to exercise any lien for general average contribution due to the merchant if the cto has used due diligence in storage of the containers and if the prosecution of the voyage is thereafter in peril in consequences of the disturbances of storage the cost of handling discharge reloading and restoring containers shall be allowed in general average new json clause if accident damage or disaster occur before or after commencement of the voyage the cto is not responsible by stature the goods and merchant jointly and severely shall contribute with the cto in general average to the payment of any sacrifice loss or expenses if the cto owns and operates a salving vehicle then it too shall be paid for fully in the same manner as if the salving vehicle belongs to a stranger jurisdiction a claim or dispute relating to the combined transport contract entered by the ctd shall at the option of the plaintiff be instituted in a court which ing to the laws of the state where the court is situated is competent within the jurisdiction of which it is situated one of the following places the principal place of business or in the absence thereof the place where the concerned transport contract was made the place of taking the goods in charge for combined transporter the place of delivery or any other place designated for that purpose in this ctd 14 e in case of port to port shipment in accepting this bill of lading the merchant and consignee expressly agree to all of its stipulations exceptions and conditions stamped or printed in it they accept that this bill of lading shall be governed by the law of india and any disputes arising here under shall be determined by the bombay high court ing to that law of the exclusion of jurisdiction of the court of any other country [Music] cto's tariff applicable tariffs are obtained from the cto or the agents upon request in the case of inconsistency between this ctd and the applicable tariff the terms of the ctd shall prevail warranty the merchant has the authority of the person owning or entitled to the possession of the goods and the ctd subcontracting this cto shall be entitled to subcontract on any terms the whole of the carriage loading unloading and storing and warehousing or handling of all duties whatsoever undertaken by the cto in relation to the goods the merchant undertakes that no claim or allegation shall be made against any servants agents or subcontractors of the cto who attempt to impose upon any of them or any vessel owned by any of them any liability whatsoever in connection with the goods every such person will have the benefit of all exceptions limitations provisions conditions and liberties mentioned herein benefiting the cto as if such provisions were expressly made for their benefits [Music] the expression subcontractor in their clause shall include direct and indirect contractors and their respective servants and agents [Music] cto's responsibilities it is the liability of the cto for loss of or damage to the goods when loading or unloading from the ships ing to the hague visby rules contained in the international convention save that if any term in the ctd is inconsistent with or repugnant to the hague rules or the set act the fbai rules for combined transport as the case may be it scope of sea voyage the vessel may at any time whatsoever tow or be towed sail and adjust navigational instruments and engage in trial trips of any description either only or partially by the cto's master officers servants or agents or any other person there may be live animals and every description of cargo on deck further they may carry explosive ammunitions or war-like stores or dangerous cargo of every kind to any extent the vessel can sail unarmed and proceed to or stay at any port whatsoever they can also engage in dry docking and bunkering any customs rules or laws notwithstanding unseaworthiness or unfitness of the vessel at the commencement or at any stage of the voyage must be followed in any situation such as capture seizure detention quarantine damage delay or disadvantage to the ship loss of the ship passengers or any part of the cargo understand the unsafe imprudent or unlawful reasons to stop proceed on or continue the voyage within the reasonable judgment of the cto or masteries without giving any prior notice discharge the goods into storage or craft or the master may retain the goods on board until the return trip or until such a time as he or she or the cto thinks it advisable to continue on without additional freight in case of war civil war prohibition or controlled by the government of any commercial or intercourse country to which the vehicle usually proceeds to or calls the cto master and their agents will be subject to loss or damage the commencement of the voyage may vary or depart from the proposed or customary route or may delay or detain the vessel at any port or place without being liable for any loss that they may sustain directly or indirectly the vessel also has to comply with any ordered directions given by any government de facto government local authority any belligerent or any state organized body involved in civil war or war-like operations any person who is acting with the authority of any government or department or by any commerce or person with war risks insurance on the vessel if these are not complied with to amounts to a discharge of liability then the merchant shall pay all charges and expenses if the full freight is not prepaid it will now be paid by the merchant if it is prepaid the ctd can retain it merchant compliance with local laws the merchant is liable to pay the cto for seizure under legal process or attempted seizure insufficient or incorrect marking numbering or addressing of packages description of the content consular failure of the merchant or procedure board of health or any certificate to account the goods or to comply with the laws or regulations of any kind of imposed with respect to the goods by authorities at any port or place shipper pact containers if the container has been filed on behalf of the cto then the cto shall not be liable for loss of or damage to the goods caused by the manner in which the container has been filled stored packed stuffed or loaded the unsuitability of goods for carriage in containers the unsuitability or defective condition of the container provided showing where the container has been by or on behalf of the cto the merchant shall not make the cto liable for the reasons which are described in sub-clause freight etc earned freight should be paid on actual gross intake weight or measurement or at the cto's option the cto has rights to open any container or package and examine if it is found to have any error the cto can take extra freight ing to correction if there is any change in weight the cto will collect it from the shipper if the shipper can't pay it on time the cto under this contract of general average may sell the goods and cover the loss from that without giving any notice to the merchant right of trans shipment the cto shall have the liberty to carry goods either wholly or in part by the ship if the ship does not expect to discharge the cto or master may forward the whole or any part of the goods before loading or after loading and transfer it by any other way delivery of goods in containers the cto has the liberty to unpack the container and put the goods in safe custody at the merchant's risk and expense or charge the marriage ing to the cto's tariff if the merchant didn't take the receipt of goods in 48 hours if unpacking of the container is required for whatsoever reason and contents cannot be identified as to mark or number cargo sleeping liquid residue and any unclaimed content not otherwise accounted for shall be allocated for completing delivery to the merchant the cto delivers goods and containers as shown on the face of the ctd both to blame collision cause [Music] when a ship collides with another ship because of the negligence of another ship the cto will be liable for all of the losses fire the cto shall not be liable to answer for or make good for any loss or damage to the goods occurring at any time and even before loading on or after discharges from the vessel despite the means of any fire whatsoever unless said fire shall be caused by the actual fault or privity of the cto inspection of goods the cto under no obligation is entitled to open any containers or packages at any time and to inspect the goods goods stored in containers other than flats or pallets whether by the cto or the merchant may be carried on the deck or under the deck without notice to the merchant such goods shall participate in general average and shall be deemed to be within the definition of goods for the purpose of the hague rules [Music] notification and delivery the merchant should give the information about the arrival of goods solely to the cto if it is forgotten by the merchants the cto is not liable in any case the merchant shall take the delivery of goods within the time period provided in the cto's applicable tariff if the merchant doesn't take delivery at the time the cto is called upon to take the delivery the cto shall be entitled without notice to unstore the goods and the cto shall forthwith upon demand be paid by the merchant in respect to the ctd [Music] if the merchant cannot take delivery of the goods within 30 days it becomes due under sub-clause without any notice and responsibility whatsoever attaching to the cto with respect to the ctd the cto may sell or dispose of the goods local clauses holland the shipper and the owner of the goods by accepting the ctd expressly waive and renounce article 700 of the netherlands commercial code and agree that damage to and expenses and sacrifice incurred by the cargo or freight even if caused by the inherent vice unseaworthiness of the vessel or by fault or neglect of the master or crew shall be considered as matters of general average this should be contributed by the shipper and owner of the goods ingly leading charges at the dutch port are payable by consignees in ance with the shipping association's tariff at the dutch port of discharge and warp cargo for antwerp is to be landed and received by the corporation appointed by the agents of the vessel consignees pay all reception charges whether delivery is taken over side or on the quay spain all dues and taxes on the cargo shall be paid by the receiver of the goods portugal warning this ctd must not be accepted for stamping until it is validated by the vessel's agents france any carriage of goods from or to a french port is undertaken subject to all stipulations exonerations and the limitations of liability of the present ctd and to all limitations and exonerations of liability of the benefit of the cto or of the captain as provided by the brussels convention concerning bills of lading on the 24th of august 1924. bagged cargo for belgium holland and germany weighing on board during discharge is only allowed by permission of the vessel's agents if permission is given all additional expenses incurred by the vessel in consequences of such weighing on board and whether in respect of extra steve during charges or otherwise shall be for the account of receivers notwithstanding any custom to the contrary permission may be withdrawn by the vessel's agents at any time during discharge without prejudice to the ship's owner's right to recover additional expenses already incurred london the ship is at liberty to deliver all cargo onto the quay in london not withstanding any custom of the port to the contrary the consignee shall pay all expenses beyond advisory stevedoring sierra leone the cost of sorting goods is performed by the ship's agent who is to be paid by the consignee iron or steel angles bars channels plates rods sheets tees pipes tubes and plate and couplings are shipped the cto is not responsible for the correct delivery all expenses incurred at the place of delivery consequent upon insufficient securing or marking will be payable by the consignees unless every piece is registered and permanently marked with oil paints every bundle is securely fastened distinctly and permanently marked with oil paint and metal so that each piece or bundle can be distinguished at the port of discharge refrigerated cargo the merchant undertakes not too tender for transportation of any goods which require refrigeration without previously giving written notice of their nature and particular temperature range to be maintained in case of any refrigerated container packed by or on behalf of the merchant he or she further undertakes that the goods have been properly stored in the container and that its thermostatic controls have been adequately set by him her before receipt of the goods by the carrier if the above requirements are not complied with the carrier shall not be liable for any loss or damage to the goods howsoever arising the carrier shall not be liable for any loss or damage to the goods arising from latent defects derangement breakdown stoppage of the refrigerating machinery plant insulation and or any apparatus of the container vessel convenience and any other facilities provided that the carrier shall before or at the beginning of the transport exercise due diligence to maintain the refrigerated container in an efficient state [Music] with this we conclude the video you should now have a thorough understanding of the contractual obligations that parties must uphold in a bill of lading with respect to sea transport please do not hesitate to reach out to us in the comments section for queries and conversation for detailed learning on all logistic subjects visit .lodgevader.com [Music] you