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 even though the freight for the whole transport has been collected by him.
People or pages in Neptune 1790
Actions the carrier takes under this Article shall be deemed to be included within the contractual carriage and such actions, or consequences resulting therefrom, shall not be considered a deviation. Should the carrier be held liable in respect of such action, the carrier shall be entitled to the full benefit of all limitations of liability, rights, and immunities obtained in this Bill of Lading.
Of the cargo shall be arranged by the carrier or his agent unless otherwise agreed. The Merchant or his Assign shall tender the goods when the vessel is ready to load and as fast as the vessel can receive and-but only if required by the carrier-also outside ordinary working hours notwithstanding any custom of the port.
Otherwise the carrier shall be relieved of any obligation to load such cargo and the vessel may leave the port without further notice and dead freight is to be paid. The Merchant or his Assign shall take delivery of the goods and continue to receive the goods as fast as the vessel can deliver and — but only if required by the carrier- also outside ordinary working hours notwithstanding any custom of the port. Otherwise the carrier shall be at liberty to discharge the goods and any discharge to be deemed a true fulfilment of the contract, or alternatively to act under Clause The carrier is entitled to land and receive the goods or to appoint a person or a corporation for the landing and reception of the goods.
The carrier is not responsible to notify, in writing or otherwise, the Merchant or others of the arrival, discharge, or disposition of the goods, any custom or agreement to the contrary notwithstanding, and notwithstanding any notation on the face of this Bill of Lading that there is a notify party. The Merchant shall bear overtime charges in connection with tendering and taking delivery of the goods as above.
A daughter of Neptune
If the goods are not applied for within a reasonable time, the carrier may sell the same privately or by auction. A Nothing in this Bill of Lading shall limit or deprive the carrier of any exemption from liability, limitation of liability, or statutory protection authorized by the applicable laws, statutes, or regulations of any country.
Any description on the face of this Bill of Landing of marks, quality, quantity, weight, measure, nature, value, or any other particulars of the goods is as furnished by the Merchant. The carrier shall not be responsible for the accuracy of any such description and is not bound thereby. The Merchant warrants to the carrier that the descriptions of particulars that he furnishes are correct and the Merchant shall indemnify the carrier against all loss, damage, expenses, liability, or penalties resulting from inaccuracy of any description of particulars. Such application must accurately state the name, nature, and classification of the goods, as well as how they are dangerous and the method of rendering them innocuous, together with full names and addresses of the shipper and the consignee.
B The Merchant shall distinctly and permanently mark the nature and damage of such goods on the outside of the package containing the goods. C The Merchant shall submit all documents or certificates in connection with such goods required by any applicable statute or regulation, or by the carrier. E The carrier may exercise the rights conferred upon it under subpart D whenever goods received in compliance with subparts A , B , and C above have become dangerous, even if not dangerous when received by the carrier.
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F The carrier shall not be liable for, and the Merchant shall indemnify, defend and hold the carrier harmless from, any death of or injuries to persons or loss of or damage to the vessel, cargo or other property which may arise from the dangerous nature of the goods. All risks of loss or damage from perils inherent in or incident to such carriage shall be borne by the Merchant. Goods stowed in poop, forecastle, deck house, shelter deck, passenger space, or any other covered-in space shall be deemed to be stowed under deck for all purposes including general average.
Such on deck carriage shall not be considered a deviation. In the absence of such declaration the carrier may elect to discharge at the first or any other optional port and the contract of the carriage shall then be considered as having been fulfilled. Any option can be exercised for the total quantity under this Bill of Lading only.
The voyage of the Neptune to Virginia, 1618-1619, and the disposition of its cargo
A Pre-payable freight, whether actually paid or not, shall be considered as fully earned upon loading and non-returnable in any event. B The carrier shall be entitled to receive and retain such freight and charges regardless whether the vessel or the goods be lost, or whether the carrier takes any of the liberties allowed in this Bill of Lading. Full freight shall be paid on damaged or unsound goods.
C The payment of freight and charges shall be made in full and in cash without offset or deductions. E If the goods are not available when the vessel is ready to load, and unless the unavailability is caused by the failure of the carrier to perform its obligations under this Bill of Lading, deadfreight shall be paid by the Merchant. F The Merchant shall be liable for expenses of fumigation and of gathering and sorting cargo and of weighing onboard and expenses incurred in repairing damage to and replacing of packing due to expected causes and for all expenses caused by extra handling of the cargo for any of the aforementioned reasons.
G Any dues, duties, taxes and charges which under any denomination may be levied on any basis such as amount of freight, weight of cargo or tonnage of the vessel shall be paid by the Merchant. I The carrier is entitled in case of incorrect declaration of contents, weights, measurements or value of the goods to claim double the amount of freight which would have been due if such declaration had been correctly given. For the purpose of ascertaining the actual facts, the carrier reserves the right to obtain from the merchant the original invoice and to have the contents inspected and the weight, measurement or value verified.
L Any party performing forwarding services with respect to the goods shall be considered to be the agent of the Merchant exclusively, and any payment of freight or charges to such party shall not be considered to be payment to the carrier. A Unless notice of loss of or damage to the goods and the general nature of such loss or damage is given in writing to the carrier at the port of discharge or place of delivery before or at the time of delivery of the goods or, if the loss or damage is not apparent, within 3 days after delivery, the goods shall be deemed to have delivered as described on the face of this Bill of Lading.
B The carrier shall be discharged from all liability in respect of the goods, including but not limited to liability for nondelivery, misdelivery, delay, loss, or damage, unless suit is brought within one year after delivery of the goods or the date when the goods should have been delivered.
The declaration, if embodied in the bill of lading, shall be prima facie evidence, but shall not be conclusive on the carrier. Any partial loss or damage shall be adjusted pro rate on the basis of such declared value. If the declared value or nature has been knowingly and fraudulently misstated, the carrier shall not be liable to pay any amount. A The carrier shall have a lien on the goods, which lien shall survive delivery, for all freight, dead freight, demurrage, damage for detention, general average contributions, stevedoring charges, storage, and any other sums including costs and attorney fees for recovering the sums chargeable to the Merchant under this Bill of Lading, the charter party described in the face of Bill of Lading and any other preliminary contract for custody or carriage of the goods.
The carrier may foreclose the lien by selling the goods, without notice to the Merchant, privately or by public auction. If proceeds of the sale of the goods fail to cover the amount due and the costs and fees incurred, the carrier shall be entitled to recover the deficit from the Merchant. If a salving vessel is owned or operated by the carrier, salvage shall be paid for as if the salving vessel or vessels belonged to strangers. The Merchant shall be personally liable in respect of contribution whether or not average bond or other security has been demanded.
Such security including a cash deposit as the carrier may deem sufficient to cover the estimated contribution of the goods and any salvage and special charges thereon, shall, if required, be submitted to the carrier prior to the delivery of the goods. The Merchant by accepting this Bill of Lading expressly waives and renounces Article of the Netherlands Commercial Code and part II Article of the Belgium Commercial code and agrees that damage to and expenses and sacrifices incurred by the vessel, even if caused by the inherent vice or unseaworthiness of the vessel, or by fault or neglect of Master or crew, shall be considered as matters of general average and shall be contributed to by Merchant accordingly.
Geomap: Voyage of the Neptune
This clause to remain in effect even if unenforceable in the Courts of the United States of America. If the vessel comes into collision with another vessel as a result of the negligence of the other vessel and any act, negligence or default of the Master, Mariner, Pilot or the servants of the carrier in the navigation or in the management of the vessel, the Merchant will indemnify the carrier against all loss or liability incurred directly or indirectly to the other or non-carrying vessel or her Owner in so far as such loss or liability represents loss of or damage to or any claim whatsoever of the owner of the said goods paid or payable by the other or non-carrying vessel or her Owner to the owner of said cargo and set-off, or recouped or recovered by the other or non-carrying vessel or her Owner as part of his claim against the carrying vessel or carrier.
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The foregoing provisions shall also apply where the Owner, operator or those in charge of any vessel or vessels or objects other than, or in addition to, the colliding vessels or objects are at fault in respect of a collision or contact standing or other accident. The official Neptune Day ceremony began with a theatrical speech by Dean Nick about the significance of what crossing the equator means to all sea-goers. Upon exiting the pool, they greeted a fish in recognition of all the sea life below and then bowed to King Neptune and Minerva, completing their shellback initiation.
Annamae Bolen is a junior at John Carol University and had several inches of her hair shaved off. She had been planning to shave her head since before the voyage was in Spain. Community- based experiences unique to SAS. Laura Roth is the Dean of Student life for the fall.
She explained how events like Neptune Day and other SAS traditions help build stronger relationship between the voyagers.
Everyone, including the crew looks forward to this type of thing. Neptune Day is recognized as one of the most memorable days of all SAS voyages.