respect of any loss of, or damage to, or any claim whatsoever of the Merchant paid or
payable to the Merchant by the
non-carrying Vessel or object or the owner of, charterer of or Person responsible for the
non-carrying vessel or
object and set-off, recouped or recovered by such Vessel, object or Person(s) against
the Carrier, the carrying
Vessel or her owners or charterers.
15. GENERAL AVERAGE
(1) The Carrier may declare General Average which shall be adjustable according to the
York/Antwerp Rules of
1974 at any place at the option of the Carrier and the Amended Jason Clause as
approved by BIMCO is to be
considered as incorporated herein and the Merchant shall provide such security as may
be required by the
Carrier in this connection.
(2) Notwithstanding (1) above, the Merchant shall Indemnify the Carrier in respect of
any claim (and any
expense arising therefrom) of a General Average nature which may be made on the
Carrier and shall provide
such security as may be required by the Carrier in this connection.
(3) The Carrier shall be under no obligation to take any steps whatsoever to collect
security for General Average
contributions due to the Merchant.
(1) Charges shall be deemed fully earned on receipt of the Goods by the Carrier and
shall be paid and nonreturnable
in any event.
(2) The Charges have been calculated on the basis of particulars furnished by or on
behalf of the Merchant. The
Carrier shall be entitled to production of the commercial invoice for the Goods or true
copy thereof and to
inspect, reweigh, remeasure and revalue the Goods and if the particulars are found by
the Carrier to be
incorrect the Merchant shall pay the Carrier the correct Charges (credit being given for
the Charges charged)
and the costs incurred by the Carrier in establishing the correct particulars.
(3) All Charges shall be paid without any set-off, counter-claim, deduction or stay of
(4) Despite the acceptance by the Carrier of instructions to collect freight, charges or
other expenses from any
other person in respect of the transport under this bill of lading, the Merchant shall
remain responsible for
such monies on receipt of evidence of demand and the absence of payment for