BIMCO Return of Containers Clause 1995
a) Containers, pallets or similar articles of transport supplied by or on behalf of the Multimodal Transport Operator (MTO) shall be returned to the MTO in the same order and condition as handed over to the Merchant, normal wear and tear excepted, with interiors clean and within the time prescribed in the MTO's tariff or elsewhere.
b) i) The Consignor shall be liable for any loss of, damage to, or delay, including demurrage, of such articles, incurred during the period between handing over to the Consignor and return to the MTO for carriage.
ii) The Consignor and the Consignee shall be jointly and severally liable for any loss of, damage to, or delay, including demurrage, of such articles, incurred during the period between handing over to the Consignee and return to the MTO.
NOTE: If not already defined in the relevant Transport Document for the purpose of which this Clause may apply, the Consignee shall mean the person entitled to receive the goods from the MTO, and the Consignor shall mean the person who concludes the Transport Contract with the MTO. For documents applying to port-to-port shipments it is advised to replace the word "MTO" by the word "Carrier".