NileDutch Booking Terms
"Carrier" means Nile Dutch Africa Line BV, Rotterdam, The Netherlands.
“Agent” shall mean any party accepting a booking as agent on behalf of Nile Dutch Africa Line BV as Carrier
"Goods" means the cargo described in the booking confirmation and, if the cargo is packed into container(s) supplied or furnished by or on behalf of the Merchant, includes the container(s) as well
"Carriage" means the whole or any part of the operations and services undertaken by the Carrier in respect of the Goods covered by this booking confirmation.
"Merchant" shall be deemed to include the Shipper, the Receiver, the Consignee, the Holder of the Bill of Lading and the Owner of the cargo.
2. Container packed by Merchant
Cargo shall be loaded, stowed, lashed and secured inside the container by the Merchant, free of risk and expense to the Carrier.
(1) the Merchant warrants that the stowage, lashing and securing of the contents of the container(s) and their closing and sealing are safe and proper and also warrants that the container(s) and contents thereof are suitable for handling and the Carriage in accordance with the terms hereof, whereby the minimum standard is the standard set out in the IMO CTU Code. In the event of a breach of said warranties by the Merchant, the Carrier shall not be responsible for any loss of or damage to or in connection with the Goods resulting from said breach and the Merchant shall be liable for loss of or damage to any other property, or for personnel injury or the consequences of any other accidents or events whatsoever and shall indemnify the Carrier against any kind of loss or liability suffered or incurred by the Carrier on account of the said accidents or events.
(2) the Merchant shall inspect the container(s) when the same are furnished by or on behalf of the Carrier, and they shall be deemed to have been accepted by the Merchant as being in sound and suitable condition for the purpose of the transport contracted herein, unless he gives notice to the contrary in writing to the Carrier, and
(3) if the container(s) are delivered by the carrier with seals intact, such delivery shall be deemed as full and complete performance of the carrier's obligation hereunder and the Carrier shall not be liable for any loss of or damage to the contents of the container(s), and
(4) the Carrier shall be at liberty to open the container(s) and to inspect the contents of the container(s) without notice to the Merchant at such time and place as the carrier may deem necessary and all expenses incurred there from shall be borne by the Merchant; in case the seals of the container(s) are broken by the customs or other authorities for inspection of the contents of the said container(s), the Carrier shall not be liable for any loss, damage, expenses or other consequences arising or resulting thereof.
(5) The Merchant further agrees to indemnify the Carrier against any additional expenses, fines, duties and taxes which the Carrier may incur by reason of errors, omissions in the marks, numbers or description of the containers or its contents.
3. Carrier’s Container
(1) the Merchant shall assume full responsibility for and shall indemnify the Carrier against any loss of or damage to the Carrier's container(s) and other equipment(s) which occurs while in the possession or control of the Merchant, his agents or inland carriers engaged by or on behalf of the Merchant.
(2) the Carrier shall in no event be liable for and the Merchant shall indemnify and hold the Carrier harmless from and against any loss of or damage to property of other Persons or injuries to other Persons caused by the Carrier's container(s) or the contents thereof during handling by, or while in the possession or control of the merchant, his agents or inland carriers engaged by or on behalf of the Merchant.
(3) If container(s) supplied by or on behalf of the Carrier are unpacked at the Merchant's premises, the Merchant is responsible for returning the empty container(s) with interiors brushed and clean, odorless, to the point or place designated by the Carrier, agents or servants of the Carrier, within the time described.
Should container(s) not be returned within the time prescribed in the carrier's Applicable Tariff, the Merchant shall be liable for any detention, loss or expenses which may arise from such non-return. The applicable tariffs can be found at www.niledutch.com/en/contact/ *city*local charges*
4. Verified Gross Mass
In the case of cargo carried in a container the gross mass of the container shall be verified by the Merchant, either by:
- weighing the packed container using calibrated and certified equipment;
- weighing all packages and cargo items, including the mass of pallets, dunnage and other securing material to be packed in the container and adding the tare mass of the container to the sum of the single masses, using a certified method approved by the competent authority of the State in which packing of the container was completed
The Merchant of a container shall ensure the verified gross mass is stated in the shipping document. The shipping document shall be:
- signed by a person duly authorized by the shipper; and
- submitted to the Agent, Carrier and to the terminal representative sufficiently in advance, to be used in the preparation of the ship stowage plan. If no time is stipulated in the booking confirmation, the information must be provided at least 48 hours prior to loading.
If the shipping document, with regard to a packed container, does not provide the verified gross mass and the Carrier or his Agent and the terminal representative have not obtained the verified gross mass of the packed container, it shall not be loaded on to the ship. The Merchant is liable for all costs and consequences as a result of not providing the verified gross mass timely prior to shipment of the container.
5. Dangerous Goods
The Merchant must disclose and declare the inflammable, explosive or dangerous nature of all goods offered for shipment. For such goods, the booking confirmation is provisional and always subject to reconfirmation by the Owners or Master of the carrying vessel that such goods are accepted for shipment on board. The Carrier may at all times refuse to load such cargo and cancel the booking without any liability whatsoever.
If such goods become a danger to the health and safety of persons, the terminal, other cargo or the ship, they may be carried off, destroyed or rendered innocuous by the Carrier without liability on the part of the Carrier, whereby the Merchant shall be liable for all costs and consequences arising therefrom inclusive of third party liabilities.
The carriage of dangerous goods will be subject to an increased freight rate, mentioned in the booking confirmation.
In case the correct nature and description of the goods has not been disclosed upon booking, NileDutch will impose a fine of EUR 25,000 which shall be immediately due and payable. NileDutch is permitted to impose this fine while retaining the right to claim performance of the contract from the Merchant and to claim all damages, costs and consequences arising from the misdeclaration of the cargo in full next to the fine imposed.
6. Refrigerated Cargoes
The Merchant of a refrigerated cargo shall at its own risk and expense verify the suitability of the container, the settings of the reefer unit and test the proper working of the refrigeration system prior to loading of the goods.
The Merchant warrants that the goods shall be loaded at the set temperature of the reefer and that the goods are loaded such that the airflow of the container remains uninterrupted. The Merchant shall indemnify the Carrier against all costs and consequences arising from loading cargo at an incorrect temperature or incorrect stowage of the container impeding the airflow.
Reefer containers shall be delivered in accordance with the guidance provided by agents. Should reefers be delivered earlier to the terminal for shipment, an additional daily plugin rate may fall due.
Reefers are accepted for direct delivery only, and the Carrier shall not be responsible for the insufficiency or improper working of reefer plugs in the place of discharge.
7. Ambient temperature and condensation
Where perishable, temperature or moist sensitive goods are not or improperly protected against the influences of heat, cold or condensation, the Carrier is not liable for any damages or deterioration of such goods carried at ambient temperatures in non-climate-controlled containers.
8. Out of gauge cargo
All cargo offered for shipment must fit properly inside the container, whereby the door must be closed and sealed and without any cargo protruding from the container.
The Carrier may from time to time at its sole discretion accept out of gauge cargo. For such goods, the booking confirmation is provisional and always subject to reconfirmation by the Owners or Master of the carrying vessel that such goods are accepted for shipment on board. The lifting points and centers of gravity shall be accurately marked on the cargo. The Carrier may at all times refuse to load such cargo and cancel the booking without any liability whatsoever.
The carriage of out of gauge cargo will be subject to an increased freight rate, mentioned in the booking confirmation.
9. Deck cargo
Goods, whether packed in containers or not, may be carried on deck or under deck without notice to the Merchant unless it is specifically stipulated in the booking confirmation that the containers or goods will be carried under deck. If carried on deck, the Carrier shall not be required to note, mark or stamp on the bill of Lading any statement of such on-deck carriage. For non-containerized cargoes, carriage on deck is at Merchant’s risk and expense.
Prior to installation of a flexitank, the container shall be thoroughly inspected by the merchant, the surfaces of the container interior appropriately prepared and any dirt or protrusions removed. Carriage of goods inside flexitanks is fully for risk and responsibility of the merchant. All costs and consequences arising out of leakage of the flexitank, and associated clean-up and cargo transfer shall be for account of the merchant.
11. Container seal
The doors of all containers – whether laden or not – must be sealed in accordance with the instructions from the Carrier. The Merchant is liable for all costs and consequences as a result of not providing a sealed container for shipment.
The Carrier or Agent shall not verify the contents of any sealed container and the Merchant warrants that it has counted the contents and verified the quantity and quality of the goods shipped and shall indemnify the Carrier for the consequences of any inaccuracies therein.
12. Issuance of bills of lading and courier costs
The issuance of bills of lading and the courier costs are subject to costs in accordance with local agents’ tariffs.
13. Ad Valorem Bills of Lading
The Carrier is under no obligation to issue an ‘ad valorem’ bill of lading. The Carrier may from time to time - at its sole discretion - consider issuing an ‘ad valorem’ bill of lading at the specific request of the Merchant, against payment for an additional uplift for insurances and administration.
Any references to Letters of Credit in the bill of lading shall not be part of the description of the goods, shall be inserted for administrative purposes only, shall not incorporate the terms of the Letter of Credit into the bill of lading and shall not make the bill of lading an ‘ad valorem’ bill of lading.
14. Period of Responsibility
The Carrier or his Agent shall not be liable for loss of or damage to the goods during the period before loading and after discharge from the vessel, whatsoever and howsoever such loss or damage arises.
15. Scope of the voyage
As the vessel is engaged in liner service the intended voyage shall not be limited to the direct route but shall be deemed to include any proceeding or returning to or stopping or slowing down at or off any ports or places for any reasonable purpose connected with the service including maintenance of vessel and crew.
All dates and times for arrivals, berthing, transit and departures are estimates, without guarantee and subject to change without prior notice and at any time.
The Carrier shall not be responsible for any loss sustained by the Merchant through delay of the goods unless caused by the Carrier's personal gross negligence.
16. Transhipment and Forwarding
Whether arranged beforehand or not, the Carrier shall be at liberty, without prior notice, to carry the Goods wholly or partly by the named or any other vessel(s), craft or other means of transport by water, land or air, whether owned or operated by the carrier or others. The Carrier may under any circumstances whatsoever discharge the Goods or any part thereof at any port or place for Transhipment and store the same afloat or ashore and then forward the same by any means of transport.
In case the Goods herein specified cannot be found at the port of discharge or place of delivery or if they be miscarried, they, when found, may be forwarded to their intended port of discharge or place of delivery at the Carrier's expense but the Carrier shall not be liable for any loss, damage, delay or depreciation arising from such forwarding.
17. Taxes, dues, duties, wharfage, waiver certificates, cargo tracking notes and fines
The Merchant is at all times responsible for the proper execution of any and all import and export formalities and the timely payment of all custom’s taxes, dues, duties and wharfage levied in relation to the cargo or shipment.
In countries where a waiver certificate or cargo tracking note is required, this must be arranged by the Merchant free of risk and expense to the Carrier. The Merchant shall indemnify the Carrier against all fines or penalties, costs and consequences arising out of non-compliance with this clause.
18. Variation and cancellation of contract
The Carrier may from time to time at its sole discretion accept to change the booking at the request of the Merchant against terms it deems appropriate. Such a change is without prejudice to any and all other terms of the contract.
If costs are made by the Carrier prior to a booking being cancelled, e.g. for the positioning of equipment required for the Merchant’s goods, such costs shall at all times be payable by the Merchant. The Carrier shall not be required to call the loading port in order to be entitled to damages and/or deadfreight.
19. Lien clause
The Carrier, its servants or agents, shall have a lien on the Goods and any documents relating thereto for all sums payable to the Carrier by the Merchant under this or any other contract and for general average contributions to whomsoever due. The Carrier, its servants or agents, may exercise his lien at any time and any place in his sole discretion, whether the contractual Carriage is completed or not. In any event any lien shall extend to cover the cost of recovering any sums due and for that purpose the Carrier, its servants or agents, shall have the right to sell the Goods by public auction or private treaty, without notice to the Merchant. The Carrier’s lien shall survive delivery of the Goods.
20. Law & Jurisdiction
The booking confirmation shall be governed by Dutch law, and notwithstanding anything else contained in this confirmation or in any other contract, any and all actions against the Carrier in respect of goods or arising out of the booking shall exclusively be brought before the District Court of Rotterdam, whilst any actions by the Carrier against the Merchant may be brought before the said Court or any other competent court at the Carrier's option.
Neither NileDutch nor any of its affiliates or servants, shall be liable for any loss or damage to or in connection with the goods in an amount exceeding 666.67 Special Drawing Rights (SDR) per package or 2 SDR per kilogram of gross weight of the goods lost or damaged, whichever is the higher. This applies to all cargoes, whether carried on deck or not.