This booking and carriage are subject to the M3LOGI Terms and Conditions of Carriage which are available upon request from the carrier or his representatives.

Carrier's tariffs

The goods carried hereunder are subject to all terms and conditions of the carrier’s applicable tariff(s), which are hereby incorporated herein. Copies of the relevant provisions of the applicable tariff(s) are obtainable from the carrier upon request. In the event of any conflict between the terms and conditions of such tariff(s) and the terms and conditions of this bill of lading, this bill of lading shall prevail.

Warranty / acknowledgment

The merchant warrants that in agreeing to the terms and conditions hereof, it is, or is the agent and has the authority of, the owner or person entitled to the possession of the goods or any person who has a present or future interest in the goods. The merchant acknowledges that the carrier is a non-vessel operating common carrier ("nvocc"), and that it neither owns nor charters vessels, as a result of which the carrier or any subcarrier, connecting carrier or substitute carrier (which may be a nvocc) will be required to contract with an actual ocean carrier to accomplish the carriage contemplated by this bill of lading and does so as agent of the merchant. The merchant further acknowledges that by identifying the carrying vessel on the face side hereof, it knows or can determine the name of the actual ocean carrier and the terms and conditions of the actual ocean carrier's bill of lading and applicable tariff(s) and agrees to be bound thereby.

Responsibility

• All shippers shall follow solas (safety of life at sea) regulations, commencing july 1, 2016, and/or any local laws or regulations to provide the carrier with the verified gross mass ("vgm") for all export containers tendered to the carrier for shipment before the containers are loaded aboard carrier's vessel.
• The merchant undertakes not to tender for transportation any cargo which is of a dangerous, explosive, corrosive, noxious, inflammable, radioactive, or damaging nature whatsoever without issuance of a "dangerous goods note" giving full, complete and accurate details of the cargo (with dg and imo number), with special precautions to be taken and method of rendering cargo innocuous.
• Arrival, berthing, departure and transit times are estimated and given without guarantee and subject to change without prior notice
• All dates/times are given as reasonable estimates only and subject to change without prior notice.
• Shipments destined for carried/vanning by m3logi. The merchant shall be liable for all loss or damage of any kind whatsoever, including but not limited to, contamination, soiling, detention and demurrage.

Containers:

• Goods may be stowed by the carrier in or on containers, and may be stowed with other goods. Containers, whether stowed by the carrier or received fully stowed, may be carried on or under deck without notice, and the merchant expressly agrees that cargo stowed in a container and carried on deck is considered for all legal purposes to be cargo stowed under deck. Goods stowed in containers on deck shall be subject to the legislation referred to in clause 4. Hereof and will contribute in general average and receive compensation in general average, as the case may be.
• The terms and conditions of this bill of lading shall govern the responsibility of the carrier with respect to the supply of a container to the merchant.
• If a container has been stuffed by or on behalf of the merchant, the carrier, any participating carrier, all independent contractors and all persons rendering any service whatsoever hereunder shall not be liable for any loss or damage to the goods, containers or other packages or to any other goods caused (1) by the manner in which the container has been stuffed and its contents secured, (2) by the unsuitability of the goods for carriage in containers or for the type of container requested by and furnished to the merchant, or (3) condition of the container furnished, which the merchant acknowledges has been inspected by it or on its behalf before stuffing and sealing.
• The merchant shall defend, indemnify and hold harmless the carrier against any loss, damage, claim, liability or expense whatsoever arising from one or more of the matters covered by a), b) and c) above.

Notice of claim: time for suit

As to any loss or damage presumed to have occurred during the carrier's period of responsibility, the carrier must be notified in writing of any such loss or damage or claim before or at the time of discharge/removal of the goods by the merchant or, if the loss or damage is not then apparent, within 3 consecutive days after discharge/delivery or the date when the goods should have been discharged/delivered. If not so notified, discharge, removal or delivery, depending upon the law applicable, shall be prima facie evidence of discharge/delivery in good order by the carrier of such goods.