Chapter 5: The Vessel

“K” Line Bill of Lading

5.1

1. (Definitions) When used in this Bill of Lading:

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• (f) “Vessel” includes the vessel named on the face hereof and any ship, craft, lighter or other means of transport which is or shall be substituted, in whole or in part, for that vessel.

Conlinebill

5.2

6. Substitution of Vessel, Transhipment and Forwarding.

Whether expressly arranged beforehand or otherwise, 1 the Carrier shall be at liberty to carry the goods to their port of destination by the said or other vessel or vessels either belonging to the Carrier or others, or by other means of transport, 2 proceeding either directly or indirectly to such port and to carry the goods or part of them beyond their port of destination, and to tranship, land and store the goods either on shore or afloat and reship and forward the same at Carrier’s expense but at Merchant’s risk. When the ultimate destination at which the Carrier may have engaged to deliver the goods is other than the vessel’s port of discharge, the Carrier acts as Forwarding Agent only. 3

The responsibility of the Carrier shall be limited to the part of the transport performed by him on vessels under his management and no claim will be acknowledged by the Carrier for damage or loss arising during any other part of the transport 4 even though the freight for the whole transport has been collected by him. 5

Visconbill

5.3

9. Substitution and Transhipment

(a) The Carrier shall be entitled but not obliged to substitute any vessel or other means of transport.. . 6

P & O Nedlloyd Bill 7

1. DEFINITIONS

5.4

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“Vessel” means any waterborne craft used in the Carriage under this Bill of Lading which maybe a feeder vessel or an ocean vessel.

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17. METHODS AND ROUTES OF CARRIAGE 8

(1) The Carrier may at any time and without notice to the Merchant 9 :

(a) use any means of carriage whatsoever,

(b) 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 hereof,...

“K” Line Bill of Lading

5.5

6. (Route of Transport) (1) The Goods may, at the Ocean Carrier’s absolute discretion, be carried as a single shipment or as several shipments by the Vessel and/or any other means of transport by land, water or air.... 10 (4) If the Goods in whole or in part are for any reason not carried on the Vessel named herein, or if the loading of the Goods is delayed or is likely to detain the Vessel, the Vessel may proceed without loading or without completing the loading of the Goods, and notice to the Merchant of such sailing is hereby waived. The Ocean Carrier may forward the Goods under the terms of this Bill of Lading on the next available ship or at the Ocean Carrier’s option by any other means of transportation, whether by land, water or air. At the Ocean Carrier’s option and without notice to the Merchant, another ship or ships may be substituted for the Vessel named herein whether or not the substituted ship is owned or operated by the Ocean Carrier or arrives or departs, or is scheduled to arrive or depart, before or after the Vessel named herein. 11 (5) Any action taken by the Ocean Carrier under this Article 6 shall be deemed to be included within the contractual carriage and such action or delay resulting therefrom shall not be deemed to be a deviation. Should the Ocean Carrier be held liable in respect of such action, the Ocean Carrier shall be entitled to the full benefit of all privileges, rights and immunities contained in this Bill of Lading. 12

21. (Transhipment and Forwarding) (1) Whether arranged beforehand or not, the Ocean Carrier shall be at liberty without 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 Ocean Carrier or others ... 13

Shell Bill of Lading

5.6

1. The vessel shall be at liberty

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b) to tranship cargo (including cargo covered by this Bill of Lading) to or from any other vessel or vessels in port or at sea by any means including, without limitation to the generality of the foregoing, by ship-to-ship transfer, submarine pipeline, land pipeline and intermediate storage or any one or more of them 14 ;...