95 Bill of lading
to be used with Charter-Parties
Conditions of Carriage
(1) All terms and conditions, liberties and exceptions of the Charter-Party, dated as overleaf, are herewith incorporated. The Carrier shall in no case be responsible for loss of or damage to cargo arisen prior to loading and after discharging.
(2) General Paramount Clause.
The Hague Rules contained in the International Convention for the Unification of Certain Rules Relating to Bills of Lading. dated Brussels 25th August 1924 as enacted in the country of shipment shall apply to this contact. When no such enactment is in force in the country of shipment, the corresponding legislation of the country of destination shall apply, but in respect of shipments to which no such enactments are compulsorily applicable, the terms of the said Convention shall apply.
Trades where Hague-Visby Rules apply.
In trades where the International Brussels Convention 1924 as amended by the Protocol signed at Brussels on February 23rd 196b - the Hague-Visby Rules - apply compulsorily, the provisions of the respective legislation shall lie considered incorporated in this Bill of biding. The Carrier takes all reservations possible under such applicable legislation, relating to the period before loading and after discharging and while the goods are in the charge of another Carrier, and to deck cargo and live animals.
(3) General Average.
General Average shall be adjusted, stated and settled according to York-Antwerp Rules 1974, in London unless another place is agreed in the Charter.
Cargo contribution to General Average shall be paid to the Carrier even when such average is the result of a fault, neglect or error of the Master. Pilol or Crew. The Charterers, Shippers and Consignees expressly renounce the Netherlands Commercial Code, Art. 700, and the Belgian Commercial Code, Part II, Art. 148.
(4) New Jason Clause.
In the event of accident, danger, damage or disaster before or after the commencement of the voyage, resulting from any cause whatsoever, whether due to negligence or not, for which, or for the consequence of which, the Carrier is not responsible, by statute, contract or otherwise, the goods Shippers, Consignees or owners of the goods shall contribute with the Carrier in general average to the payment of any sacrifices, losses or expenses of a general average nature that may be made or incurred and shall pay salvage and special charges incurred in respect of the goods.
If a salvage ship is owned or operated by the Carrier, salvage shall be paid for as fully as if the said salvage ship or ships belonged to strangers. Such deposit as the Carrier or his agents may deem sufficient to cover the estimated contribution of the goods and any salvage and special charges thereon shall, if required. bemade by the goods Shippers, Consignees or owners of the goods to the Carrier before delivery.
(5) Both-to-Blame Collision Clause.
If the vessel comes into collision with another ship as a result of the negligence of the other ship and any act, neglect or default of the Master, Mariner, Pilot or the servants of the Carrier in the navigation or in the management of the Vessel, the owners of the cargo carried hereunder will indemnify I he Carrier against all loss or liability to the other or non-carrying ship or her Owners in so far as such loss or liability represents loss of, or damage to, or any claim whatsoever of the owners of said cargo, paid or payable by the other or non-carrying ship or her Owners to the owners of said cargo and set-off, recouped or recovered by the other or non-carrying ship or her Owners as part of their claim against the carrying Vessel or Carrier. The foregoing provisions shall also apply where the Owners, operators or those in charge of any ship or objects other than, or in addition to, the colliding ships or objects are at fault in respect of a collision or contact.
For particulars of cargo, freight,
destination, etc., see overleaf.
EXHIBIT 97
INSURANCE CERTI FI CATE
CH-840I Cherry Orchard
Cherry Orchard Insurance PO Box 357 Certificate issued in copies
Tel.:
Tlx.:
Fax.:
Insurance Certificate Cable address:
Open cover No. Assured:
Application No.
We herewith certify having insured the goods
designated hereafter for the transportation
from Conveyance:
to
Marks and numbers: Goods and manner of packing:
Amount insured:
in letters:
Scope of insurance: (Extract of the OCM1 1988 overleaf)
In the event of loss or damage: Surveyor:
1. Any loss or damage must be ascertained immediately by the surveyor.
2. Any loss or damage must be ascertained as indicated overleaf (see An.20, 21 + 22).
3. Claims shall be settled by the head office of "Cherry Orchard" Swiss Insurance Company.
4. Claims will be paid subject lo surrendering of one negotiable copy of this certificate, the remaining copies, if any, thereby becoming void.
5. Place of jurisdiction is Cherry Orchard or the Swiss domicile of the plaintiff.
6. The following documents are to be submitted in support of any claim: p, n ,
1. Negotiable copy of the Insurance Certificate or policy
2. Commercial invoice and packing list
3. Original Bill of Lading and/or other original documents relating
to the conveyance
4. Original Survey Report issued by the surveyor
5. Letter of protest against the carriers and respective replies
6. Claim statement
7. Any other document or correspondence in respect of the transport in question
EXHIBIT 100
INSPECTION CERTIFICATE
Exim Survey
(address)
Tel.:
Tlx.:
Fax.: TO WHOM IT MAY CONCERN
Certificate No. 1401/
MATERIAL Direct Reading Vacuum Emission Spectrometer ARL Model 3460-606
as per Proformal Invoice CAL:73:3460:9209:1
(R) dated 2 November I9_
APPLICANT Ministry of Electricity...
BENEFICIARY LETTER OF CREDIT Electrical Supply Co. ...
LETTER OF CREDIT No. IFB/CAL/92/3/106 dated 4 November 19_ issued by Bank ...
PROFORMA INVOICE No. CAL:73:346():9209:1 (R) dated 2 November 19_
REQUIRED INTERVENTION QUALITY, QUANTITY, PACKING MARKING
AND LOADING INSPECTION
_____________________________________________________________________________
We hereby certify that at the request and on the basis of specifications submitted by the beneficiary we have inspected the material mentioned under heading.
RESULT OF OUR INSPECTION
QUANTITY We confirm that on the basis of our check the
delivered material consists of:
One ARL OE SPECTROMETER TYPE Nr. 3460-1222 with one DEC COMPUTER SYSTEM Nr. 19011-4656 with all accessories.
as per Proforma Invoice CAL:73:3460:9209:1 (R) dated 2 November 19__ resp. final invoice No.93158 dated 25 January 19_ and Packing List dated 26.01.19_.
This Certificate is issued under the General Conditions of the International Federation of Inspection agencies. The issuance of this Certificate docs not exonerate buyers or sellers from exercising all their fights and discharging all their liabilities under the Contract of Sale. Stipulations to the contrary are not binding on us. The Company's responsibility under this Certificate is limited to gross negligence proven Б Principals and will in no case be more than ten times lees or commission. Except by special arrangement, samples, if drawn, will not be retained by the company for more than three months.
QUALITY We certify that this material is in accordance with
Beneficiary final invoice No.___dated_, the
Packing-List dated 26.01.19.. resp. as per the PROFORMA INVOICE No. CAL:73:3460:9209:1(R) Dated 2 November 19_.
The material therefore complies with the following description:
One ARL OE SPECTROMETER TYPE Nr. 3460-1222 with one DEC COMPUTER SYSTEM Ni 19011-4656 with all accessories.
PACKING The material is packed in 2 wooden cases.
Items are Properly packed.
GROSS WEIGHT : 771.000 Kg
This kind of packing is suitable for transport Switzerland to final destination under nomui condition.
MARKING The wooden cases are marked as follows: ARL 93158/1-2
Furthermore the wooden cases have been stamped by us.
LOADING Material loaded by air as per AIR WAYBILL
No._dated_
CONCLUSION We hereby certify that quality and quantity and packing of the goods shipped are strictly complying with specification of goods indicated in the relative PROFORMA INVOICE and the terms of the L/C,
DATE & PLACE OF INSPECTION
This certificate is evidence of and reports on our findings at the time and place of inspection. It does not release the Beneficiary from his contractual obligations towards Applicant.
Geneva, February 2nd, 19_
EXIM SURVEY
EXHIBIT 101
CAPTAIN IS RECEIPT
Cargo:…………………… Port of_____________
………………..MT ____________, 19_