VI. MISCELLANEOUS PROVISIONS
23. General Average
(1) General Average shall be adjusted at any port or place at the Carrier’s option, and to be settled according to the York-Antwerp Rules 1994 or any later amendments or modification thereof, this covering all goods, whether carried on or under deck. The New Jason Clause, as approved by BIMCO, to be considered as incorporated herein.
(2) 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 delivery of the goods.
24. Both to Blame Collision Clause
The Both-to-Blame Collision Clause as adopted by BIMCO shall be considered incorporated herein.
25. U.S. Trade.
(1) In case the contract evidenced by this Bill of Lading is subject to the Carriage of Goods by Sea Act of the United
States of America, 1936 (U.S. COGSA), then the provisions stated in the said Act shall govern before loading and after discharge and throughout the entire time the goods are in the Carrier’s custody.
(2) If the U.S. COGSA applies, and unless the nature and value of the goods have been declared by the shipper before the goods have been handed over to the Carrier and inserted in this Bill of Lading, the Carrier shall in no event be or become liable for any loss of or damage to the goods in an amount exceeding USD 500 per package or customary freight unit.
(3) The Southern District Court of New York to have sole jurisdiction in cases that are litigated for cargo shipped to or from the United States of America.
In the event that anything in this contract of carriage is inconsistent with an applicable International Convention or national law that is mandatory applicable, these provisions shall, to the extent of such inconsistency only and no further, be null and void.