Terms and Conditions of Carriage

1. Clause Paramount

All carriage to or from the United States is subject to the U.S. Carriage of Goods by Sea Act (COGSA), 46 U.S.C. §§1300–1315. Carriage to or from Canada is subject to the Carriage of Goods by Water Act (COGWA). Carriage to or from all other States is governed by the Hague Rules or Hague-Visby Rules where compulsorily applicable, or otherwise the Hague Rules. These laws apply before loading, during carriage, after discharge, and whether goods are carried on deck or under deck.

2. Definitions

• "Ship" means the vessel named in this Bill of Lading or any conveyance used by Carrier.
• "Carrier" means Linear Shipping, Inc.
• "Merchant" includes the Shipper, Consignee, Receiver, Holder, or any party with an interest in the goods.
• "Package" means the largest individual shipping unit prepared by the Shipper.
• "Container" includes any container, trailer, tank, flat, pallet, or similar transport unit.
• "Carrier’s container/equipment" includes equipment owned, leased, or used by Carrier.
• "Goods" include the cargo described on the face of the Bill of Lading and any container packed by or for Merchant.

3. Subcontracting

Carrier may subcontract any part of the carriage. All subcontractors and agents benefit from the same rights, defenses, and limitations as Carrier.

4. Route of Transport

Carrier may perform transport by any reasonable means or route. The Ship may deviate for navigation, safety, repairs, or to save life or property without constituting deviation.

5. Hindrances Affecting Performance

Carrier may treat the contract as terminated or deliver goods at any safe place if performance is affected by hindrance, risk, delay, or difficulty. Such discharge or placement constitutes full and final delivery. Merchant shall pay full freight and extra costs. Any storage or forwarding arranged thereafter is solely as Merchant’s agent and at Merchant’s risk and expense.

6. Basic Liability

Carrier is liable for loss or damage occurring while goods are in its custody, subject to exclusions including Merchant’s acts, improper packing, inherent vice, fire (unless Carrier’s fault), and unavoidable events. Carrier is not liable for delay or consequential damages.

7. Compensation for Loss or Damage

Liability is limited to US$500 per package or customary freight unit, unless Merchant declares a higher value and pays additional freight. For shipper-packed sealed containers, liability is limited to US$500 per container unless declared otherwise. Carrier may replace or repair goods.

8. Description of Goods / U.S. Customs Information

Carrier relies on Merchant’s declarations. Merchant warrants accuracy and indemnifies Carrier for penalties, losses, or damages arising from incorrect or late information.

9. Carrier’s Containers

Merchant is liable for damage to Carrier’s containers while in Merchant’s control and indemnifies Carrier for injuries or damage caused during such control.

10. Containers Packed by Merchant

Carrier is not responsible for the condition or stowage of contents. Delivery is complete when sealed containers are delivered with seals intact. Merchant warrants proper packing and stowage.

11. Dangerous Goods

Dangerous goods require written application and Carrier’s acceptance. Improperly declared or dangerous cargo may be disposed of without compensation, and Merchant shall indemnify Carrier.

12. Deck Cargo

Carrier may stow goods on deck. If stated as "on deck," Carrier is not liable for loss or damage to such cargo.

13. Heavy Lift

Packages over 2,240 lbs must be declared and marked. Failure to comply results in Merchant liability and loss of Carrier liability.

14. Delivery

Carrier may deliver goods anywhere within the port limits. If Merchant does not take possession within the allowed time, goods may be stored or disposed of at Merchant’s expense.

Any discharge, storage, or placement of the goods at any alternative port or place pursuant to Clause 5 constitutes full, final, and complete delivery. Carrier has no obligation to forward, store, protect, or care for the goods thereafter. All risks and costs are for Merchant.

15. Notice of Claim

Apparent loss or damage must be reported before or at removal of goods. Non-apparent loss must be reported within 3 days.

16. Freight and Charges

Freight is earned upon receipt of goods, whether lost or not. Merchant is jointly and severally liable for all charges, including duties, taxes, demurrage, detention, and attorney’s fees.

17. Lien

Carrier has a general lien on all goods for unpaid charges and may sell goods without notice. Merchant remains liable for any deficiency.

18. Time Bar

Claims are time-barred unless suit is filed within 1 year of delivery or when goods should have been delivered. Overcharge claims: 36 months.

19. Jurisdiction

All disputes must be brought exclusively in the U.S. District Court for the Southern District of Texas, under Texas law (excluding conflict-of-law principles).

20. General Average

General Average is adjusted under York-Antwerp Rules 1994 at New York or another port at Carrier’s option. Merchant must contribute to sacrifices, expenses, and salvage.

21. Both-to-Blame Collision Clause

Merchant shall indemnify Carrier for claims arising under both-to-blame collision situations.

22. Carrier’s Tariffs

Tariffs filed with the FMC or other authorities are incorporated by reference.

23. Perishable Cargo

Carrier is not liable for loss due to refrigeration breakdown unless due diligence was exercised. Merchant must provide written notice of required temperatures and ensure proper stowage.

24. Severability

Invalid terms do not affect the remainder of the contract.

25. Variation of Contract

No term may be waived or varied unless expressly authorized in writing by Carrier.