Claims for loss or damage to Goods must be filed against the Carrier, which agrees to be solely responsible for processing said claims to conclusion. In the event of payment of any such claims by the Carrier it shall automatically be subrogated to all rights of the Merchant against all others including Pre carriers and/or On carriers on account of such loss or damage. Claims must be filed and suit commenced within the time limit provided by law and the terms of the bills of lading and/or contracts of carriage and/or transport documents and/or the tariffs of the carriers which had or are deemed in accordance with this Bill of Lading to have had custody of the Goods when the loss or damage occurred. When it cannot be established which carrier hereunder had custody or control of the Goods at the time of loss or damage it shall be deemed that the loss or damage occurred aboard the Vessel while in the custody or control of the Carrier.