Bill Of Lading Shows Additional Cost (Fine / Expenses)

[jmitra]

dear,

i have received a bill of lading which has the following clause on its face

any fines / additional expenses such as but not limited to container detention charges or port storage incurred at the POD before final transfer to FPD due to improper cargo description or non submission of requested document will be on the account of the cargo

is the bl discrepant?

[Navi]

Dear jmitra,
.
Is there any term/condition on the LC concerning additional costs to freight on the B/L? If not, the document seem to be acceptable, in my opinion...
.
regrds

[cristiand969]

Dear Navi,
My best guess is that such a clause on Bill of lading as iti is structured falls under art. 113 of ISBP .....A reference in the transport document to costs which may be levied as a result of a delay in unloading the goods or after the goods have been unloaded, e.g., costs covering the late return of containers, is not considered to be an indication of additional costs in this context.
I said as structured because reference to applicability of such penalties starts ...

at the POD before final transfer to FPD

.
So , unless the delivery terms is a place beyond POD (i.e the condition to be CFR/CIF/DDU a named place being after POD ), this clause does not make document discrepant.
However, i would like to draw the attention that we cannot give a correct answer based on few pieces of a total of event.