海运提单的背面条款及其依据
《海商法》关于提单背面条款
《海商法》关于提单背面条款
《海商法》关于提单背面条款的规定包括以下内容：
1.定义条款：主要对“承运人”、“托运人”等关系人加以限定。
前
者包括与托运人定有运输合同的船舶所有人，后者包括提货人、收货人、提单持有人和货物所有人。
2.管辖权条款：指出当提单发生争执时，按照法律，某法院有审理
和解决案件的权利。
3.责任期限条款：规定承运人对货物灭失或损害承担赔偿责任的期
间的条款。
集装箱提单则从承运人接受货物至交付指定收货人为止。
4.包装和标志：要求托运人对货物提供妥善包装和正确清晰的标志。
如因标志不清或包装不良所产生的一切费用由货方负责。
5.运费和其他费用：运费规定为预付的，应在装船时一并支付，到
付的应在交货时一并支付。
当船舶和货物遭受任何灭失或损失时，运费仍应照付，否则，承运人可对货物及单证行使留置权。
6.自由转船条款：承运人虽签发了直达提单，但由于客观需要仍可
自由转船，并不须经托运人的同意。
此条款也称“地区条款”。
这些条款在海商法中规定了关于提单的详细要求和权利义务，对实际操作具有重要的指导作用。
中远COSCO集装箱提单背面条款(中文) - 副本
中远COSCO集装箱提单背面条款(中文)1. DEFINITIONS 定义“承运人”（CARRIER）是指“中远集运”，即中远集装箱运输有限公司。
“货方”（MERCHANT）包括发货人、托运人、收货人、受货人、货主、本提单的合法持有人或被背书人，或与货物或本提单具有现时或未来利益关系的任何人，或被授权代表前述任何一方行事的任何人。
“船舶”按有关上下文情况，包括本提单第6栏所列船舶或其替代船舶，以及承运人或代表承运人于全部运程中的海运阶段所使用的任何支线船或驳船。
“分立契约人”（SUB-CONTRACTOR）包括（除承运人以外的）船舶所有人及经营人，装卸工人，码头、仓库、集装箱储运站经营人及拼箱经营人，公路及铁路运输经营人，及承运人雇佣的用以进行运输的任何独立订约人，以及其小分立契约人（SUB-SUB-CONTRACTOR）。
分立契约人一词应包括直接及间接分立契约人及其各自的受雇人、代理人或分立契约人。
“货物”（GOODS）是指自货方收到的全部货物或其任何部分，并包括非由承运人或其代表提供的任何集装箱。
“件”是指由货方或其代表装载并铅封的每一集装箱，而不是在集装箱中所装的货物件数，如果此项件数未在本提单正面列明，或者是用“据称内装”或类似词句列明。
“装运单位”（SHIPPING UNIT）是指未以包件运输的任何一个具体单位的货物，包括机械、车辆及船只，但散装货物除外。
“集装箱”（CONTAINER）包括任何集装箱，如开顶集装箱、拖车、可运油罐、框架箱、平板箱、货盘，以及为运输货物而使用的任何其他设备或设施。
2. CARRIER\'S TARIFF 承运人的运价本承运人所使用的运价本中的条款以及有关费收的其他要求等项，已被载入本提单。
请特别注意运价本中所载各项条款，包括但不限于免费堆存期、集装箱及车辆滞留期等。
使用的运价本的有关条款，可向承运人或其代理人索取。
如本提单与所用运价本之间有不一致之处，应以本提单为准。
外代无抬头海运提单和背面条款
The follow are the conditions and exceptions hereinbefore referred to:1.D EFINTION. “Merchant” i ncludes the Shipper, the Receiver, the Consignor, the consignee, the Holder of the Bill of Lading and the Owner of the Goods.2.J URISDICTION. All disputes arising under and in connection with this Bill of Lading shall be settled in the flag – state of the ship, or otherwise in the place mutually agreed between the Carrier and the Merchant.3.P ARAMOUNT CLAUSE. This Bill of Lading shall be subject to the Hague Rules contained in the International Convention for the Unification of Certain Rules of law Relating to Bills of Lading, dated at Brussels the 25th August 1924, or the corresponding legislation of the flag state of the ship. If the stipulation of this Bill of Lading are wholly or partly contrary there to, this Bill of Lading shall be read as if such stipulation or part thereof, as the case may be, were deleted.4.P ERIOD OF RESPONSIBILITY. The responsibility of the Carrier shall commence from the time when the goods are loaded on board the vessel and shall cease when they are discharged from the vessel.The Carrier shall not be liable for loss of or damage to the goods before loading and after discharging from the vessel, howsoever such loss or damage arises.5.P ACKING AND MARKS. The Merchant shall have the goods properly packed and accurately and clearly marked before shipment. The port of destination of the goods should be marked in letters not less than 5 cm high, in such a way as will remain legible until their delivery, All fines and expenses arising from insufficiency or inadequacy of packing or marks shall be borne by the Merchant.6.F EIGHT AND OTHER CHARGES. (1) Advance freight together with other charges is due onshipment. If not prepaid. Though stipulated, the freight and other charges shall be paid by the Mer- chant plus 5% interest per annum running from the date of notification for their payment,If the cargo shipped are perishables, low cost goods, live animals, deck cargo or goods for which there is no Carrier’s agent at the port of destination, the freight for such cargo and all related charges shall be paid at the time of shipment.Freight payable at destination together with other char ges is due on vessel’s arrival.Advance freight and/or freight payable at destination shall be paid to the Carrier in full, and non-returnable and non-deductable irrespective of whatever loss or damage may happen to vessel and cargo or either of them.(2) All dues, taxes and charges or any other expenses in connection with the goods shall be paid bythe Merchant.7.INCORRECT STATEMENT. The Carrier is entitled, at port of shipment and /or port of destination, to verify the quantity, weight, measurement and/or contents of such goods as declared by the Merchant. If the weight, measurement and/or contents of such goods as stated in the Bill of Lading turned out to be inconsistent with that of the goods actually loaded, and the freight paid falls short of the amount which would have been due if such declaration had been correctly given the Carrier is entitled to collect from the Merchant as liquidated damages to the Carrier double the amount of difference between the freight for the goods actually shipped and that misstated.The Merchant shall be liable for loss of and damage to the vessel and/or goods arising or resulting from inaccuracies in stating the description, quantity, weight, measurement or contents of the goods and shall indemnify the Carrier for the costs and expenses in connection with weighing, measuring and checking such goods.8.LOADING, DISCHARGING AND DELIVERY. The goods shall be supplied and taken deliveryof by the Owner of the goods as fast as the vessel can take and discharge them, without interruption, by day and if required by Carrier also by night, Sundays and holidays included, notwithstanding any custom of the port to the contrary and the Owner of the goods shall be liable for all losses or damages including demurrage incurred in default thereof.Discharge may commence without previous notice, If the goods are not taken delivery of by the Receiver from alongside the vessel without delay, or if the Receiver refuses to take delivery of the goods, or in case there are unclaimed goods, the Carrier shall be at liberty to land such goods on shore or any other proper places at the sole risk and expense of the Merchant, and theCarrier’s responsibility of delivery of cargo shall be deemed to have been fulfilled.Weighing on board is only allowed by special permission of the Carrier, including detention and extra costs of discharging, shall be for account of the Receivers or Consignees, notwithstanding any custom of the port to the contrary.If the goods are unclaimed during a reasonable time, or wherever the goods will become deteriorated decayed or worthless, the Carrier may, at his discretion and subject to his lien, and without any responsibility attaching to him, sell, abandon or otherwise dispose of such goods solely at the risk and expense of the Merchant.9.LIGHTERAGE.,Any lighterage in or off ports of loading or ports of discharge shall be for the ccount of the Merchant.10..LIEN. The Carrier shall have a lien on the goods and any document relating thereto for freight,dead freight, demurrage and any other amount payable by the Merchant, and for General Average contributions for whomsoever due and for the cost of recovering the same, and for this purpose shall have the right to sell or otherwise dispose of the goods. If on sale of the goods, the proceeds fail to cover the amount due and the cost and expenses incurred , the Carrier shall be entitled to recover the deficit from the Merchant.11.NOTICE OF LOSS OR DAMAGE, THIME BAR. Unless notice of loss or damage and thegeneral nature of such loss or damage be given in writing to the Carrier or his agent at the port ofdischarge before or at the time of the removal of the goods into the custody of the person entitledto delivery thereof under the contact of carriage, such removal shall be prima facie evidence ofthe delivery by the Carrier of the goods as described in the Bill of Lading. If the loss or damage isnot apparent, the notice must be given within three days of the delivery.The notice in writing neednot be given if the state of the goods has at the time of their receipt been the subject of joint survey or inspection.In any event the carrier and the vessel shall be discharged from all liability in respectof loss or damage unless suit is brought within one year after delivery of the goods or the datewhen the goods should have been delivered.In the case of any actual or apprehended loss or damage the Carrier and the Receiver shall give all reasonable facilities to each other for inspecting and tallying the goods.12.LIMITATION OF LIABILITY. All claims for which the Carrier may be liable shall be calculatedon the basis of the Merchant’s net invoice cost, p lus freight and insurrance premuim, if paid. In no event shall the Carrier be liable for any loss of possible profit or any consequential loss.The Carrier for any loss of or damage to the goods shall be limited to an amount not exceeding £100 per package or freight unit unless the value of the goods higher than the amount is declared in writing by the Shipper before receipt of the goods by the Carrier and inserted in this Bill of Lading and extra freight paid as required. If the actual value of the goods per package of per freight unit exceeds such value, the declared value shall nevertheless be deemed to be the declared value and the Carrier’s liability if any, shall not be the declared value and any partial loss or damage shall be adjusted pro rata on the basis of such declared value.13.FORWARDING, SUBSTITUTE OF VESSEL, THROUGH CARGO AND RANSHIPMENT.If necessary, the Carrier shall be at liberty to carry the goods to their port of destination by othervessel or vessels either belonging to the Carrier or other persons or by rail or other means oftransport proceeding either directly or indirectly to such port and to carry the goods or part of them beyond their port of destination, and to tranship, lighter, land and store the goods on shore or afloat and reship and forward same at the Carrier’s expenses but at Merchant’s risk. The responsibility of the Carrier shall be limited to the part of the transport performed by him on the vessel under hismanagement.14.DANGEROUS GOODS, CONTRABAND. (1) The Merchant undertakes not to tender fortransportation any goods which are of a dangerous, inflammable, radio-active, and/or any harmful nature without previously giving written notice of their nature to the Carrier and marking the goods and the container or other covering on the outside as required by any laws or regulations whichmay be applicable during the carriage.(2) Whenever the goods are discovered to have been shipped without complying with the subclause1 above or the goods are found to be contraband or prohibited by any laws or regulations of the portof loading, discharge or call or any place or waters during the carriage, the Carrier shall be entitled to have such goods rendered innocuous, thrown overboard or discharged or other wise disposed of at the Carrier’s discretion without compensation and the Merchant shall be liable for and indemnify the Carrier against any kind of loss, damage or liability including loss of freight, and any expenses directly or indirectly rising out of or resulting from such shipment.(3)If any goods shipped complying with the sub-clause (1) above become a danger to the ship orcargo, they may in like manner be rendered innocuous, thrown overboard or discharged or other wise disposed of at the Carrier’s discretion without compensation except to General Average, if any. 15.DECK CARGO, LIVE ANIMALS AND PLANTS. Cargo on deck, plants and live animals arereceive d, handled, carried, kept and discharged at Merchant’s risk and the Carrier shall not be liable for loss thereof or damage thereto.16.CARGO IN CONTAINERS. (1)Goods may be stowed by the Carrier or his agents or servants in containers and containers whether stowed aforesaid or received fully stowed may be carried on or under deck without notice. The Carrier’s liability for such carriage shall likewise be governed bythe terms and conditions of this Bill of Lading irrespective of Clause 15 hereof notwithstanding the fact that the goods are being carried on deck and the goods shall contribute to General Average and shall receive compensation in General Average. (2) If a container has not been filled, packed,stuffed or loaded by the Carrier, the carrier shall not be liable for loss of or damage to the contents and the Merchant shall indemnify the Carrier against any injury, loss, damage, liability or expense incurred by the Carrier if such injury, loss, damage, liability or expense has been caused by:1) the manner in which the container has been filled, packed, stuffed or loaded; or2) the unsuitability of the contents for carriage in containers; or3) the unsuitability or defective condition of the container which would have been apparent uponreasonable inspection by the Merchant at or prior to the time the container was filled, packed,stuffed or loaded.If a container which has not been filled, packed, stuffed or loaded by the Carrier is deliveredby the Carrier with the seal intact, such delivery shall be deemed as full and complete performance of the Carrier’s obligation hereunder and the Carrier shall not be liab le for any loss of or damage to the contents of the container, The Shipper shall inspect containers before stuffing them and the use of the containers shall be prima facie evidence of their being sound and suitable for use.17.REFRIGERATED GOODS. Before loading goods in any insulated space, the Carrier shall, inaddition to the Class Certificate, obtain the certificate of the Classification Society’s Surveyor orother competent person, stating that such insulated space and refrigerating machinery are in the opinion of the surveyor or other competent person fit and safe for the carriage and preservation ofrefrigerated goods, The aforesaid certificate shall be conclusive evidence against the Merchant.Receivers have to take delivery of refrigerated cargo as soon as the vessel is ready to deliver, otherwise the Carrier shall land the goods at the wharf at the Merchant’s risk and expense.18.TIMBER. Any statement in this Bill of Lading to the effect that timber has been shipped “Inapparent good order and condition” does not involve any admission by the Carrier as to theabsence of stains, shakes, splits holes or broken pieces, for which the Carrier accepts noresponsibility.19.IRON AND STEEL. Every piece of Iron and Steel is to be distinctly and permanently marked with oil paint and every bundle securely fastened, distinctly and permanently marked with oil paint and metal tagged, by the Merchant, so that each piece or bundle can be distinguished at port of discharge. If the Merchant fails to meet the aforesaid requirements, the Carrier, shall neither be responsiblefor correct delivery nor liable for expenses arising therefrom.20.BULK CARGO, GOODS TO MORE THAN ONE CONSIGNEE. (1) As the Carrier has noreasonable means of checking the weight of bulk cargo, any reference to such weight in this Bill of Lading shall be deemed to be for reference only, but shall constitute in no way evidence against the Carrier(2)Where bulk Cargo or goods without marks or cargo with the same marks are shipped to morethan one Consignee, the Consignees or owners of the goods shall jointly and severally bear any expense or loss in dividing the goods or parcels into pro rata quantities and any deficiency shall fall upon them in such proportion as the Carriers, his servants or agents shall decide.21.HEAVY LIFTS AND AWKWARD CARGO. Any one piece or package of cargo weighs 2000kilos or upwards and any awkward cargo with a length of 9 meters or upwards must be clearly andboldly marked with the weight and/or dimensions and/or length by the Shipper and shall be loaded and discharged by shore crane or otherwise at the ship’s option and at the risk and expense of theMerchant. If any damage, loss or liability to the ship, lighter, wharf, quay, cranes, hoisting tackle, or whatsoever or to whomsoever occurs owing to the lack of statement or mis – statement of weight,measurement or length, the Merchant shall be responsible for such damage, loss or liability.22.FUMIGATION. In the event of fumigation of goods on board for whatever reason, the Carrier shall not be liable for damage to goods wi thout actual proof of the Carrier’s negligence which shall not be presumed against him, and all expenses incurred are for Merchant’s account.23.OPTION. The port of discharge for optional goods must be declared to the vessel’s agents at thefirst of the optional ports named in the option not later than 48 hours before the vessel’s arrivalthere. In the absence of such declaration the Carrier may elect to discharge at the first or anyoptional port and the contract of carriage shall then be considered as having been fulfilled. Any option must be for the total quantity of goods under this Bill of Lading.24.GENERAL AVERAGE AND NEW JASON CLAUSE. (1)General average shall be adjusted.Stated and settled according to the York – Antwerp Rulos, 1974, at any port or place at thecarrier’s option. In the event of accident, danger, damage or disaster before or after thecommencement which, or for the consequence of which the Carrier is not responsible, by statutecontract or otherwise, the goods, Shippers, Consignees or Owners of the goods shall contribute with the Carrier in General Average to the payment of any sacrifices, losses or expenses of a GeneralAverage nature that may be made or incurred and shall pay salvage and special charges incurred in respect of the goods, If a salving ship is owned or operated by the Carrier, salvage shall be paid for as fully as if the said salving ship or ships belonged to strangers. Such deposit as the Carrier of his agents may deem sufficint to cover the estimated contribution of the goods, and any salvage andspecial charges thereon shall, if required, be made by the goods, Shippers, Consignees or Owners of the goods to the Carrier before delivery.25.BOTH TO BLAME COLLISION CLAUSE. If the vessel comes into collision with anothervessel as a result of the negligence of the other vessel and any act, neglect or default of the master,mariner, pilot or of the servants of the Carrier in the navigation or in the management of the vessel, the owners of the goods carried hereunder will indernmify the Carrier against all loss or liability to the other or non-carrying vessel or her Owners in so far as such loss or liability represents loss ofor damage to or any claim whatsoever of the Owners of said goods paid or payable by the other or non-carrying vessel or her Owners to the Owners of said goods and setoff, recouped or recoveredby the other or non-carrying vessel or her Owners as part of their claim against the carrying ship or Carrier. The forgoing provisions shall also apply where the Owners, operators or those in charge of any vessel or vessels or objects other than, or in addition to, the colliding vessels or objects are atfault in respect of a collision, contact stranding or other accident.26. WAR, QUARANTINE, ICE, STRIKES, CONGESTION ETC. Should it appear that war,blockade, pirate, epidemics, quarantine, ice, strikes, congestion and other causes beyond theCarrier’s control would prevent the vessel from safely reaching the port of destination and/ordischarging the goods thereat, the Carrier is entitled to discharge the goods at the port of loading or any other safe and convenient port and the contract of carriage shall be deemed to have beenfulfilled. Any extra expenses incurred under the oforasaid circumstances shall be borne by theMerchant.。
海运提单的缮制分解
二. 海运提单的填制
1. 提单号码
由承运人/船公司或代理人编制，一般为S/O的号码，
没有号码的提单无效。
2.托运人 ( Shipper; Consignor; Consigner )
托运人即委托运输的人，通常为出口人。
《UCP600》第十四条K款规定：在任何单据中注明的托 运人或发货人无须为 信用证的受益人。此时，受益人可 能是中间商，第三方才是实际出口人。
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4.被通知人(通知方) 通常为进口人或同在目的港的代理人 (1) 电汇和托收方式下: 填写合同的买方或按规定; (2) 信用证方式下: 按照信用证规定; A. Notify Applicant; 填写L/C的开证人详细资料。 B. L/C里为未明确规定通知方时，则本栏不填，在B/L 的空白处详细填写开证申请人的名称,地址。
(3) 如果货物运至卸货港后,要经内陆转运或陆运至邻国的, 应在卸货港栏填写实际的卸货港名称后,再另外在货描栏下方 空白处或在唛头栏内加注“ In transit to xxx ”,千万不能 在卸货港栏内加填。
如：信用证规定:“Marseilles in transit to Geneva”,
卸货港（Port of Discharge）:Marseilles
14. 总毛重 ( Gross Weight ) 填写整批货物的总毛重，一般以公斤为单位。 注意：要保留小数点后两位。公斤为：KGS
15. 总尺码体积 ( Measurement ) 填写整批货物的总体积，一般以立方米为单位。 注意：要保留小数点三位。立方米为：CBM
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16. 运费和费用 ( Freight and Charges) 除非信用证和合同有特别规定，本栏只填写运费的支付情 况，不填具体的金额。 (1) FOB 术语下， 注明 “ Freight Collect ” , “Freight to Collect” 或 “ Freight payable at Destination”; (2) CFR 或 CIF 术语下，注明 “ Freight Paid ”或 “ Freight Prepaid ”。
提单背面条款
SUBJECT TO THE TERMS AND CONDITIONS ON BACK1. DEFINITIONS"Carrier" means COSCO container lines company limited."Merchant" includes the consignor, the shipper, the receiver, the consignee, the owner of the Goods, the lawful holder or endorsee of this Bill of Lading, or any other person having any present or future interest in the Goods or this Bill of Lading, or anyone authorized to act on behalf of any of the foregoing.2. CARRIER\'S TARIFFThe terms of the Carrier\'s applicable Tariff and other requirements regarding charges are incorporated into this Bill of Lading. Particular attention is drawn to the terms contained therein, including, but not limited to, free storage time, Container and vehicle demurrage,etc. Copies of the relevant provisions of the applicable Tariff are obtainable from the Carrier or his agents upon request. In case of any inconsistency between this Bill of Lading and the applicable Tariff, this Bill of Lading shall prevail.3. SUB-CONTRACTING, INDEMNITY AND CERTAIN DEFENSES, EXEMPTIONS AND LIMITATIONSThe Carrier shall have the right at any time and on any terms whatsoever to sub-contract the whole or any part of the carriage with any Sub-contractor and/or to substitute any other vessel or means of transport for the Vessel.4. CARRIER\'S RESPONSIBILITYPort to Port Shipment If boxes 6, 7 and 8 but not boxes 4,5and 9 are filled in on the front of this Bill of Lading, this Bill of Lading is a Port-to-Port contract. The Carrier shall be responsible for the Goods as Carrier from the time when the Goods are received by the Carrier at the Port of Loading until the time of delivery thereof at the port of discharge to the Merchant or to the Authority as required by local laws or regulations, whichever occurs earlier.5. NOTICE OF CLAIM AND TIME BARUnless notice of loss or damage is given in writing to the Carrier\'s agent at the Port of Discharge or Place of Delivery before or on the date of delivery of the Goods, or if loss or damage is not apparent, within 15 consecutive days thereafter, such delivery shall be prima facie evidence of the delivery of the Goods by the Carrier and/or on-carrier in the order and condition described in this Bill of Lading.6. LOSS OR DAMAGEThe terms of this Bill of Lading shall at all times govern all responsibilities of the Carrier in connection with or arising out of the carriage of the Goods not only during the carriage, but also during the period prior to and/or subsequent to the carriage. The exemptions from liability, defenses and limitation of liability provided for herein or otherwise shall apply in any action against the Carrier for loss or damage or delay, howsoever occurring and whether the action be founded in contract or in tort and even if the loss, damage or delay arose as a result of unseaworthiness, negligence or fundamental breach of contract. Save as is otherwise provided herein, the Carrier shall in no circumstances whatsoever and howsoever arising be liable for direct or indirect or consequential loss or damage or loss of profits.7. LIMITATION OF LIABILITYExcept as provided for in Clause 7(2), this Bill of Lading shall be subject to the provisions of the Maritime Code of the People\'s Republic of China as provided for in Clause 26(1). Neither the Carrier, its servants, agents, Sub-contractors nor the Vessel shall in any event be liable for any loss or damage to the Goods in any amount exceeding the limits per package or unit prescribed by that Code, unless the nature and value of the Goods have been declared by the Merchant before shipment and inserted in this Bill of Lading (Box 10) and the Merchant has paid additional Freight on such declared value.8. FIREThe Carrier shall not be liable for any loss of or damage to the Goods occurring at any time, including that before loading or after discharge by reason of any fire whatsoever, unless such fire is caused by the actual fault of the Carrier.9. CARRIER\'S CONTAINERSGoods received in break bulk will be stuffed by the Carrier in Containers and the Carrier shall have the right to carry any Containers, whether or not stuffed by the Carrier, on deck or below deck. All such Goods shall participate in General Average.10. MERCHANT-STUFFED CONTAINERIf a Container has not been stuffed by or on behalf of the Carrier, the Carrier shall not be liable for loss of or damage to the Goods and the Merchant shall indemnify the Carrier against any loss, damage, liability or expense incurred by the Carrier if such loss, damage, liability or expense has been caused11. MERCHANT\'S DESCRIPTIONThe Merchant\'s description of the Goods stuffed in a sealed Container by the Merchant, or on his behalf, shall not be binding on the Carrier, and the description declared by the Merchant on the front of this Bill of Lading is information provided by the Merchant solely for its own use including but not limited to the use of its freight forwarder. It is understood by the Merchant that the Carrier has not verified the contents, weight or measurement of a sealed container, and the Carrier makes no representation as to the contents of a sealed Container, van, crate or box hereunder, nor its weight or measurement, nor the value, quantity, quality, description, condition, marks or number of the contents thereof.12. MERCHANT\'S RESPONSIBILITYThe parties defined as "Merchant" in clause 1 hereof shall, where applicable, be jointly and severally liable to the Carrier for the due fulfillment of all obligations undertaken by any of them under this Bill of Lading.13. FREIGHT AND CHARGES(1) All Freight shall be deemed fully, finally and unconditionally earned on receipt of the Goods by the Carrier and shall be paid and non-returnable in any event whatsoever.(2) All Freight and charges shall be paid without any set-off, counter-claim, deduction, or stay of execution before delivery of the Goods.14. INSPECTION OF THE GOODSThe Carrier and/or any person to whom the Carrier has sub-contracted the carriage or any person authorized by the Carrier shall be entitled, but under no obligation, to open any Container or Package at any time and to inspect the Goods.15. CARRIAGE AFFECTED BY CONDITION OF THE GOODSIf it appears at anytime that the Goods cannot safely or properly be carried or carried further, either at all or without incurring any additional expense or taking any measure(s) in relation to the Goods or the Container, the Carrier may without notice to the Merchant (but as its agent only) take any measure(s) and/or incur any additional expense to carry or to continue the carriage thereof.16. LIENSThe Carrier shall have a lien on the Goods and any documents relating thereto for Freight, dead Freight, demurrage, detention, and for any expenses incurred by the Carrier for recoopering, repacking, remarking, fumigation or required disposal of faulty Goods, for General Average contributions to whomsoever due, for fines, dues, tolls, land Freight, or commissions paid or advanced by the Carrier on behalf of the Goods.17. DECK CARGO, ANIMALS AND PLANTSGoods (other than Goods stuffed in Containers) that are stated on the front of this Bill of Lading as contracted to be stowed "on deck" and are so carried, and all live animals, including fish and birds, or plants shipped hereunder, shall be carried solely at the risk of the Merchant, and the Carrier shall not be liable for any loss or damage of whatsoever nature arising during carriage by sea whether or not arising out of negligence on the part of the Carrier.18. METHODS AND ROUTES OF CARRIAGEThe Carrier may at any time during the carriagetransfer the Goods from one conveyance to another including transshipment or carrying the same on another Vessel other than the Vessel named on the front of this Bill of Lading or by any other means of transport whatsoever.19. MATTERS AFFECTING PERFORMANCEIf at any time the carriage is or is likely in the judgment of the Master to be affected by any hindrance, risk, delay, difficulty or disadvantage of any kind, other than the inability of the Goods to be safely or properly carried or carried further, and howsoever arising (even though the circumstances giving rise to such matters as stated above existed at the time this contract was entered into or the Goods were received for shipment), the Carrier (whether or not the carriage is commenced) may, at his sole discretion and without prior notice to the Merchant: 20. DANGEROUS GOODSAt the time of shipment of Dangerous Goods, the Merchant shall, in compliance with the regulations governing the carriage of such Goods, have the same properly packed, distinctly marked and labeled and notify the Carrier in writing of their proper description, nature and the precautions to be taken. In case the Merchant fails to or inaccurately notifies the Carrier, the Carrier may have such Goods landed, destroyed or rendered innocuous when and where circumstances so require, without compensation. The Merchant shall be liable to the Carrier for any loss, damage or expense resulting from such shipment.21. SPECIAL, REFRIGERATED OR HEATED CONTAINERSUnless the Merchant and the Carrier agree in writing before shipment that specially ventilated, refrigerated or heated Containers will be used to ship the Goods and such agreement is noted on the front of this Bill of Lading, and the Merchant gives proper written notice to the Carrier of the nature of the Goods and of the particular temperature range to be maintained and/or special attention required and the Merchant pays the extra Freight charged under the Carrier\'s Tariff or as agreed, the Goods shall be carried in ordinary unventilated Containers. 22. NOTIFICATION AND DELIVERYAny mention herein of parties to be notified of the arrival of the Goods is solely for information of the Carrier, and failure to give such notification shall not give rise to any liability on the part of the Carrier or relieve the Merchant of any obligation hereunder.23. GENERAL A VERAGE AND SALV AGEGeneral Average shall be adjusted at any port or place at the Carrier\'s option according to the York-Antwerp Rules 1974, as amended in 1990, and any other amendments thereto. The Merchant shall give such cash deposit or other security as the Carrier may deem sufficient to cover the estimated General Average contribution of the Goods before delivery.24. BOTH-TO-BLAME COLLISIONThe Both-to-blame Collision Clause currently published by the Baltic and International Maritime Conference is deemed to be incorporate into this Bill of Lading.25. NON-VESSEL-OPERATING COMMON CARRIERSIf this Bill of Lading is accepted by a Merchant acting as a non-vessel-operating common carrier (NVOCC), who has in turn concluded other contracts of carriage with third parties, the NVOCC hereby warrants that the contracts concluded by him in respect of the Goods subject to this Bill of Lading shall incorporate the terms and conditions of this Bill of Lading. The NVOCC further warrants to indemnify the Carrier, its servants, agents and Sub-contractors against all consequences of his failure to do so.26. LAW AND JURISDICTIONThis Bill of Lading is governed by the laws of the People\'s Republic of China. All disputes arising under or in connection with this Bill of Lading shall be determined by the laws of the People\'s Republic of China and any action against the Carrier shall be brought before the Shanghai Maritime Court or other maritime courts in the People\'s Republic of China, as the case may be.27. V ARIATION OF THE CONTRACTNo servant, agent or Sub-contractor of the Carrier shall have the power to waive or vary any terms of this Bill of lading unless such waiver or variation is in writing and is specifically authorized or approved in writing by the Carrier.28. NEW JASON CLAUSEIn the event of accident, danger, damage or disaster before or after the commencement of the voyage resulting from any cause whatsoever, whether due to negligence or not, for which, or for the consequences of which, the Carrier is not responsible by statute.The following clauses are applicable only when document used as a Sea Waybill29. Delivery will be made to the consignee or his authorized representative upon presentation of a delivery receipt or other evidence of identity and authorization satisfactory to the Carrier in his sole and absolute discretion without the need of producing or surrendering a copy of his Sea Waybill.30. Except as provided in this Sea Waybill, the contract of carriage evidenced by this Sea Waybill is subject to the terms and conditions of the Carrier\'s current Combined Transport Bill of Lading, a copy of which may be obtained from the Carrier and its agent. The Shipper accepts all said terms and conditions, including but not limited to the per package and other limitations of liability contained therein, on behalf of the Consignee and the Owner of the Goods and warrants that he has authority to do so.。
提单背面条款效力认定及处理受损货物支出的必要合理费用的负担
提单背面条款效力认定及处理受损货物支出的必要合理费用的负担【基本案情】2015年4月28日，嘉益公司向天农保加利亚公司购买一批玉米。
就34箱玉米的海上运输，委托阳明公司承运。
阳明公司同意承运，并拟出4130号和4131号两份提单。
阳明公司接受订舱后，合作船公司达飞轮船公司取消了部分船期。
阳明公司将此情形告知全球各地代理，但未举证证明告知嘉益公司。
2015年7月19日，4130号提单项下20箱玉米中转港比雷埃夫斯港运往深圳赤湾港。
但4131号提单项下的玉米并未同船装载，而是于8月2日才在中转港装船运往深圳赤湾港。
阳明公司签发的4131号提单载明托运人为天农保加利亚公司，收货人和通知方为嘉益公司，提单右下角载明，货物的接收、保管、承运和交付均适用本提单正面和背面的条款。
提单背面条款第5条载明了船公司的自由绕航条款、第11条载明了承运人不应就供应商未能要求适当集装箱的行为或疏忽承担任何责任、第16条载明了承运人不对由于潮湿引起集装箱内的表面生锈、氧化或任何类似情况承担责任。
2015年7月29日，天农保加利亚公司向嘉益公司开具的1191号发票载明，交货条件CIF赤湾，单价为218欧元，数量为355.66吨，不含增值税的总价为77 533.88欧元。
2015年9月12日，4130号提单项下玉米运抵赤湾，嘉益公司提取后，未发现货物质量问题。
2015年10月8日，4131号提单项下玉米被运抵赤湾，开箱检验后发现玉米霉变、生虫。
经海江公估公司评估认定受损玉米25.70吨，按提单载明的355.66吨扣减前述受损玉米外，剩余329.96吨玉米需要按每吨700元降价销售处理。
此外，由于玉米受损，额外产生了运费2800元、吊车费用7840元、商检熏蒸消毒费5600元、熏蒸处理站费用7000元、集装箱超期7天的使用费24 500元。
阳明公司亦委托海通公证行进行查勘检验。
海通公证行经评估认为，前述14箱玉米受损玉米共计为25.70吨。
长荣海运提单背面条款
长荣海运提单背面条款RECEIVED by the Carrier from the Merchant in apparent good order and condition unless otherwise indicated herein, the Goods, or the Container(s) or other package(s) or unit(s) said by the Merchant to contain the cargo herein mentioned, to be carried subject to all the terms and conditions contained or incorporated in this Bill (defined hereinafter at Clause 1(1)) including both front and back pages where issued in paper form and Carrier's Tariff rules and regulations by the vessel named herein or any substitute atthe Carrier's option and/or other means of transport, including the use of feeder ships, barges, trucks or rail cars, from the place of receipt or the loading port to the port of discharge or place of delivery shown herein and there to be delivered unto order or assigns.If issued in paper form and if required by the Carrier, this Bill duly endorsed must be surrendered in exchange for the Goods or Delivery Order.In accepting this Bill, whether in paper or electronic form, the Merchant agrees to be bound by all the stipulations, exceptions, terms and conditions contained or incorporated in this Bill whether written, typed, stamped, printed or otherwise, and as well, to bebound by the Carrier's Tariff rules and regulations which are deemed incorporated herein, all of which supersede all previous agreements, including booking notes, dock and mate's receipts and like, any local customs or privileges to the contrary notwithstanding.The terms of this Bill shall be separable and if any part or term hereof is invalid or unenforceable, the validity and enforceability of any other part or term shall not be affected.Agents signing this Bill on behalf of the Carrier have only the limited authority at common law of a vessel's master signing a Bill .An endorsement on this Bill that the Goods are "On Board" shall mean that the Goods are loaded on board the ocean vessel named in this Bill , or loaded on board rail cars, trucks, lorries, feeder ships, barges, or other means of transportation and are in the custody of an Inland or ocean Carrier for Through Transportation in accordance with the terms of this Bill .1. Definitions.(1) "Bill" means (a) Bill of Lading if this document is issued as a Bill of Lading, or (b) Sea Waybill if this document is issued as a Sea Waybill. Notwithstandinganything else contained in or incorporated into this Bill, if it is issued as a Sea Waybill, it will not be a document of title to the Goods.(2) "Carrier" means the Vessel Provider identified on the front of this Bill doing business as Evergreen Line, which is a Joint Service Agreement as defined bythe U.S. Shipping Act. of 1984 and any amendments thereto, consisting of Evergreen Marine Corp.(Taiwan) Ltd., Evergreen Marine (UK) Ltd., ItaliaMarittima S.p.A. and Evergreen Marine (Hong Kong) Ltd.(3) "COGSA" means the United States Carriage of Goods by Sea Act, approved April 16, 1936.(4) "Container" includes any ISO standard container, trailer, transportable tank, flat rack and/or other item of transportation equipment in conformance with ISO standards.(5) Force Majeure shall include, but not be limited to, work stoppages, civil commotion, strikes, accidents, casualties, lockouts, fire, transportation disasters, acts of God, governmental restraints (including governmental import restrictions and voluntary quotas arising from the threat of governmental restraints), war or hostilities, embargoes or other similar conditions.(6) "Goods" means the cargo accepted from the Merchant and includes any Container whether supplied by or on behalf of the Carrier or by the Merchant.(7) "Hague Rules" as used herein refers to the provisions of the International Convention for the Unification of Certain Rules Relating to Bills of Lading signedat Brussels on 25th August 1924 and includes any amendments thereto including the Hague Visby Amendments, 1968.(8) "Holder" mean any person for the time being in possession of this Bill (if issued asa Bill of Lading) to whom the property in the Goods has passed on or byreason of the consignment of the Goods or the endorsement of this Bill or otherwise.(9) "Merchant" includes the shipper, Holder, consignee, the receiver of the Goods, any person owning or entitled to the possession of the Goods or this Bill andanyone acting on behalf of any such persons.(10) "Ship" shall include the vessel named in this Bill, any substituted vessel or feeder vessels, and any vessel, craft, lighter or other means of conveyancewhatsoever owned, chartered, operated or controlled and used by the Carrier in theperformance of this Contract.(11) "Through Bill " as used herein refers to the contract evidenced by this Bill when it covers the carriage of the Goods from the place of receipt from theMerchant to the place of delivery to the Merchant by the Carrier plus one or more Underlying Carriers.(12) "Through Transportation" means carriage of the Goods under this Bill from place of receipt from the Merchant to place of delivery to the Merchant by theCarrier plus one or more Underlying Carriers.(13) "Underlying Carrier" includes any water, rail, motor, air or other carrier utilized by the Carrier for any part of the transportation of the shipment covered bythis Through Bill .(14) "Sub-contractor" includes owners and operators of vessels (other than the Carrier), stevedores, terminal operators, warehousemen, Underlying Carriers, ocean and rail transport intermediaries and any independent contractor employed by the Carrier in its performance of the transportation of the Goods hereunder.Sub-contractor shall also include direct and indirect sub-contractors and their respective servants and agents.2. Carrier's Tariff. The terms of the Carrier's applicable Tariff are incorporated herein. If this Bill is issued as a Sea Waybill, the CMI Rules for Sea Waybills excluding Rule 4 are also incorporated herein. Copies of the relevant provisions of the applicable Tariff are obtainable from the Carrier upon request. Copies of theCMI Rules for Sea Waybills can be obtained from the CMI website at/. In the case of inconsistency between this Bill and the applicableTariff or CMI Rules, this Bill shall prevail.3. Merchant's Warranty. The Merchant warrants that in agreeing to the terms hereof he is, or has the authority of, the person owning or entitled to the possession ofthe Goods and this Bill .4. Sub-Contracting.(1) The Carrier shall be entitled to sub-contract on any terms the whole or any part of the carriage, loading, unloading, storing, warehousing, handling and anyand all duties whatsoever undertaken by the Carrier in relation to the Goods.(2) In contracting for the following exemptions and limitation of and exoneration from liability, the Carrier is acting as agent and trustee for all other personsnamed in this clause. It is understood and agreed that, other than the Carrier, no person, firm or corporation or other legal entity whatsoever (including theMaster, officers and crew of the vessel, all agents and all Sub-Contractors ) is, or shall be deemed to be liable with respect to the Goods as carrier, bailee orother howsoever. If, however, it shall be adjudged that any one other than the Carrier is carrier or bailee of the Goods or under any responsibility with respectthereto, all exemptions and limitations of and exoneration from liability provided by law or by terms hereof shall be available to such other. It is also agreedthat each of these persons and companies referred to above are intended beneficiaries, but nothing herein contained shall be construed to limit or to relievethem from liability to the Carrier for acts arising or resulting from their fault or neglect.5. Clause Paramount and Responsibility of Carrier.(A) Clause Paramount - as far as this Bill covers the carriage of Goods by sea either by the Carrier or its Sub-contractor, the contract evidenced in this Bill shallhave effect subject to the Hague Rules, if and as enacted in the country of shipment, and any Legislation including COGSA which make those rulescompulsory, applicable or effective. The Hague Rules and said Legislation shall be deemed contractually incorporated herein and made a part of thisContract regardless of whether it or they would otherwise be compulsorily applicable and nothing herein contained shall be deemed a surrender by the Carrieror its Sub-contractor of any of its rights and immunities or any increase of any of its responsibilities under said Rules and Act. Notwithstanding anything tothe contrary, if the carriage called for in this Bill is a shipment to or from the United States, the liability of the Carrier or its Sub-contractor shall beexclusively determined pursuant to COGSA which is contractually incorporated into this Bill. The provisions cited in the Hague Rules and COGSA (except asmay be otherwise specifically provided herein) shall also govern before the Goods are loaded on and after they are discharged from the Ship provided, however,that the Goods at said times are in the actual custody of the Carrier or anySub-contractor. When no such enactment is in force in the country of shipment, the Hague Rules will apply. If any terms of this Bill are repugnant to the Hague Rules or any other compulsorily applicable International Convention or NationalLaw which cannot be departed from by private contract, then such provision shall benull and void to the extent of such invalidity without invalidating theremaining provisions hereof. The Carrier or its Sub-contractor shall not be liable in any capacity whatsoever for any delay, non-delivery or misdelivery, orloss of or damage to the Goods howsoever caused occurring while the Goods are not in the actual custody of the Carrier.(B) Responsibility for Port to Port Shipments. Where loss or damage has occurred between the time of receipt of the Goods by the Carrier at the port of loadingand the time of delivery by the Carrier at the port of discharge, or during any prior or subsequent period of carriage by Underlying Carriers or period of custody bySub-Contractors, the liability of the Carrier shall be determined in accordance with the appropriate Hague Rules and /or other Legislation as provided in theprovisions of Clause 5A above of this Bill .(C) Responsibility for Through Transportation. Where the place of receipt or place of delivery as set forth herein are inland points or ports not directly served bythe Carrier the responsibility of the Carrier with respect to the Through Transportation of the Goods shall be as follows:(1) With respect to Through Transportation from, to or within the United States where the Goods are in the custody of a Sub-contractor such ThroughTransportation will be governed by the provisions of Clause 5B above.(2) In the event Clause 5B is held inapplicable to such Through Transportation from, to or within the United States then Carrier's liability will be governedby and subject to the terms and conditions of the Sub-contractor's bill of lading or waybill and/or the ICC Uniform Bill of Lading together with the Subcontractor's Tariff which shall be incorporated herein as if set forth at length. Notwithstanding the foregoing, in the event there is a private contractbetween the Carrier and a Sub-Contractor, responsibility for such Through Transportation will be governed by the terms and conditions of said contractwhich shall be incorporated herein as if set forth at length and copies of said contract(s) shall be available to the Merchant at any office of the Carrierupon request.(3) With respect to road carriage between countries in Europe according to the Convention on the Contract for the International Carriage of Goods by Road (CMR), dated May 19, 1956, and during rail carriage between countries in Europe according to the International Agreement on Railway Transports(CIM) dated February 25, 1961.(4) With respect to rail or road carriage within a European country then according to the internal law of such state and/or any International Convention whichis compulsorily applicable by the laws of such state. In the absence of such laws or conventions then according to the Sub-contractors contracts of carriage andtariffs, if any. Notwithstanding the above provision, road carriage in the United Kingdom according to the Conditions of Carriage 1998 of Road Haulage Association Limited.(5) With respect to carriage by road in Japan, according to the Standard Japanese Road Transportation Clauses (SJRTC). With respect to carriage by rail inJapan, according to the Japanese Railway Transportation Business Law and Ministerial Ordinance for Railway Transportation.(6) With respect to inland transportation of the Goods other than as provided in subparagraphs (1) through (5) supra, then according to the provisions of any International Convention or National Law which is compulsorily applicable in the country where the inland transportation took place or, if no such law orconvention is applicable, then according to the Sub-contractor's tariff or any contract existing between the Sub-contractor and the Carrier.(D) Extent of Liability for Through Transportation. In any event, the liability of the Carrier shall under no circumstances whatsoever be greater than that of theSub-contractor under said Sub-contractors' contract with the Carrier, and the Carrier shall be entitled to all the rights, defenses, limitations and exemptionsfrom liability contained therein.(E) Subrogation. When any claims are paid to the Merchant by the Carrier, the Carrier shall be automatically subrogated to all rights of the Merchant against allothers, including Underlying Carrier's, on account of such loss or damage.(F) In the event an action is brought in a jurisdiction in which the relevant provisions of clause 5 (A) - (E) of this Bill which are applicable to such claim are heldto be unenforceable pursuant to local law then liability for such claim shall be determined according to the internal law of the jurisdiction in which the actionis brought.6. General Limitations.(1) The Carrier does not undertake that the Goods shall arrive at the port of discharge or place of delivery at any particular time or to meet any particular marketor use and save as provided in Clause 5 the Carrier shall in no circumstances be liable for any indirect or consequential loss or damage caused by delay.(2) Save as otherwise provided herein, the Carrier shall in no circumstances be liable for direct or indirect or consequential loss or damage arising from any other cause.(3) The Carrier shall be entitled to the full benefit of all rights and immunities and all limitations of, or exemptions from, liability provided in the LondonConvention of 1976. Notwithstanding the foregoing, if local law makes the Brussels Convention of 1957 mandatorily applicable, then said latter Act will beapplicable under this Bill . The Carrier shall also be entitled to the full benefit of all rights and immunities and all limitations of, or exemptions from liabilitycontained in any national law of any nation whose laws shall be applicable.(4) Without waiver or limitation of any exemption from or limitation of liability afforded by law or by this Bill and pursuant to the United States Fire Statute, 46U.S.C., Sec. 182, neither Carrier nor any corporation owned by, subsidiary to, or associated or affiliated with Carrier shall be liable for any loss or damage wheresoever and whensoever occurring by reason of any fire whatsoever, including that occurring before loading on or after discharge from the Ship or whilethe Goods are in the custody of an Underlying Carrier, unless such fire shall have been caused by the design or neglect or by the actual fault or privity ofCarrier or such corporation, respectively. In any situation where such exemption from liability may not be permitted by law neither Carrier nor such corporationshall be liable for any such loss or damage by fire unless caused by negligence, including that imputed by law, for which Carrier or such corporation is liable, respectively.7. Amount of Compensation and Limitation of Liability.(1) All claims for which the Carrier may be liable shall be adjusted and settled on the basis of the net invoice value of the Goods plus freight and insurance. Notwithstanding the foregoing it is agreed that in no event shall this clause operate to increase the extent of the Carrier's liability beyond the applicable marketvalue at the port of discharge or place of delivery, if that be less than the net invoice value plus freight and insurance. In no event shall the Carrier be liablefor any loss of profit or any consequential loss.(2) In the event this Bill covers Goods moving to or from a port or final destination inthe United States, the Carrier's limitation of liability in respect to theGoods shall in no event exceed US$ 500 per package or, when the Goods are not shipped in packages, US$500 per customary freight unit. In the event theforegoing would be held inapplicable under the local law of the jurisdiction in which legal proceedings are brought and if the Goods covered by this Bill aresubject to the Hague Rules or any amendments thereto, including the Hague Visby Amendments, then Carrier's liability in no event shall exceed the greater of2 SDRs per kilo of gross weight of the Goods lost or damaged or 667 SDRs per package. The Merchant agrees and acknowledges that the Carrier has no knowledge of the value of the Goods, and that higher compensation than that provided herein may not be claimed unless the nature and value of such Goodshave been declared by the Merchant before shipment and agreed to by the Carrier and inserted in this Bill and any applicable Ad Valorem freight rate, as setout in Carrier's tariff, is paid.(3) If the actual value of the Goods per package or per customary freight unit exceeds such declared value, the value shall nevertheless be deemed to be thedeclared value. Any partial loss or damage shall be adjusted pro rata on the basis of such declared value. In any case, if the declared value is higher than theactual value, the Carrier shall in no event be liable to pay compensation higher than the net invoice value of the Goods plus freight and insurance.8. Notice of Claim and Time for Suit. Unless notice of loss or damage and a general nature of such loss or damage be 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 be not apparent, within three consecutive days after delivery, the Goods shall be deemed to have been delivered as described in this Bill. In any event, except as provided in the next sentence, the Carrier shall be discharged from all liability in respect of non-delivery, mis-delivery, 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. Where the damage occurs in the custody of aSub-Contractor during Through Transportation, the Carrier and the Sub-Contractor shall bedischarged from all liability in respect of non-delivery, mis-delivery, delay, loss or damage unless notice of claim is filed and suit is brought within the time periods prescribed by the local laws set forth in Clause 5 (C) (1) - 5 (C) (6) of this ThroughBill .9. Defence and Limits for the Carrier. The defence and limits of liability provided for in this Bill shall apply in any action against the Carrier for loss or damageto the Goods whether the action be founded in contract or in tort.10. Shipper-Packed Containers. If a Container has not been filled, packed, stuffed or loaded by the Carrier, the Carrier shall not be liable for loss or damage to the contents and the Merchant shall indemnify the Carrier against any loss, damage, liability or expense incurred by the Carrier, if such loss, damage, liability or expense has been caused by:- (a) the manner in which the Container has been filled, packed, stuffed or loaded; or (b) the unsuitability of the contents for carriage in Containers;or (c) the unsuitability or defective condition of the Container arising without any want of due diligence on the part of the Carrier to make the Container reasonably fit for the purpose for which it is required; or (d) the unsuitability or defective condition of the Container which would have been apparent upon reasonable inspection bythe Merchant at or prior to the time when the Container was filled, packed, stuffed or loaded, or (e) the discovery of any drugs, narcotics or other illegal substanceswithin Containers packed by the Merchant or inside Goods supplied by the Merchant, and shall indemnify the Carrier in respect thereof. Any reference in this Bill to Shipped on Board or Clean on Board relates solely to the Containers and not to the contents thereof. This Bill shall be subject to Section 80113 of the U.S. FederalBills of Lading Act, 49 U.S.C. (The Pomerene Act) and it is agreed that the Carrier is entitled to that section's full protection for the entire period the Goods are in the custody of the Carrier including pre-loading and post-discharge periods.11. Inspection of Goods. The Carrier shall be entitled, but under no obligation, to open any Container at any time and to inspect the contents. If it thereupon appears that the contents or any part thereof cannot safely or properly be carried further, either at all or without incurring any additional expense or taking any measures in relation to the Container or its contents or any part thereof, the Carrier may abandon the transportation thereof and/or take any measures and/or incur any reasonable additional expense to carry or to continue the carriage or to store the same ashore or afloat under cover or in the open, at any place, which storage shall be deemed to constitutedue delivery under this Bill . The Merchant shall indemnify the Carrier against any reasonable additional expense so incurred.12. Description of Goods. The Carrier does not have facilities to weigh sealed Containers at the loading port and has neither inspected the contents of nor weighed theContainers. Any statements on this Bill relating to marks and numbers, number and kind of packages, description, quantity, quality, weight, measure, nature, kind,value or other particulars of the contents of such Container(s) are as furnished by the Merchant and are unknown to the Carrier and the Carrier accepts no liability in respect thereof. The acknowledgement of the Carrier is confined to the number and apparent order and condition of the Container(s).13. Merchant's Responsibility.(1) The Merchant warrants to the Carrier that the particulars relating to the Goods as set out overleaf have been checked by the Merchant on receipt of this Billand that such particulars and any other particulars furnished by or on behalf of the Merchant are correct.(2) The Merchant shall indemnify the Carrier against all loss, damage and expenses arising or resulting from inaccuracies in, or inadequacy of, such particulars.The right of the Carrier to such indemnity shall in no way limit his responsibility and liability under this Bill to any person other than the Merchant.(3) Containers, pallets or similar articles of transport supplied by or on behalf of the Carrier shall be returned to the Carrier in the same order and condition ashanded over to the Merchant, normal wear and tear excepted, with interiors clean and within the time prescribed in the Carrier's Tariff or elsewhere. TheMerchant of the Goods shall be jointly and severally liable for any loss of, damage to, or delay incurred during the period between handing over to the consigneeand return to the Carrier.14. Freight and Charges.(1) Freight shall be payable, at Carrier's option, on gross intake weight or measurement, or gross discharge weight or measurement, or ad valorem basis, or package orcustomary freight unit basis or any other applicable rate as set forth in Carrier's Tariff. Freight may be calculated on the basis of the description of the Goodsfurnished by the Merchant, but Carrier may at any time, weigh, measure and value the Goods and open packages or customary freight units to examine contents. Incase the Merchant's description is found to be erroneous and additional freight ispayable, the Merchant shall be liable for any additional freight and expenseincurred in examining, weighing, measuring, fumigating and valuing the Goods. (2) Full freight to the port of discharge or in case of Through Transportation to place of delivery named herein and all advance charges against the Goods shall be considered completely earned on receipt of the Goods by the Carrier or Underlying Carrier as the case may be, whether the freight or charges be prepaid or bestated or intended to be prepaid or to be collected at port of discharge or destination or subsequently, and the Carrier shall be entitled absolutely, to all freightand charges, whether actually paid or not, and to receive and retain them under all circumstances whatever, the Ship and/or the Goods lost or not lost, or thevoyage changed, broken up, frustrated or abandoned. Full freight shall be paid whether the Goods be damaged or lost, or packages or customary freight unitsbe empty or partly empty.(3) All freight and charges shall be paid in full and without any offset, counterclaim or deduction, in the currency named in this Bill or, at the Carrier's option, inits equivalent in local currency at bank demand rates of exchange in New York as of the date payment of freight shall be due hereunder. Any error in freightor in charges or in the classification herein of the Goods is subject to correction, and if on correction, the freight or charges are higher, Carrier may collect theadditional amount.(4) The Merchant of the Goods shall be jointly and severally liable to Carrier for the payment of all freight, Bunker Adjustment Factor (BAF), CurrencyAdjustment Factor (CAF), Terminal Handling Charge (THC), demurrage, detention, General Average, salvage and other charges, including but not limited tocourt costs, expenses and reasonable attorney's fees incurred in collecting sums due to the Carrier. Payment of ocean freight and charges to a freight forwarder,broker or anyone other than the Carrier, or its authorized agent, shall not be deemed payment to the Carrier and shall be made at payer's sole risk.15. Lien. The Carrier shall have a lien on the Goods and any documents relating thereto for all sums payable to the Carrier under this Bill or any other contracts with the Merchant and expenses incurred by the Carrier for the account of the Merchant and for General Average and Salvage contributions to whomsoever due and for the cost of recovering the same and shall be for the account of the Goods and the Merchant jointly and severally and the Carrier shall have the right in its absolutediscretionto dispose of the Goods and/or to sell the Goods by public auction or private treaty without notice to the Merchant.16. Optional Stowage.(1) The Goods may be stowed by the Carrier in Containers or similar articles of transport used to consolidate Goods.(2) Goods stowed in Containers whether by the Carrier or the Merchant, may be carried on or under deck without notice to the Merchant. Goods (other than live animals) stowed in any covered-in space or loaded in Containers, vans or trailers carried on deck shall be deemed to be stowed under deck for all purposes,including General Average and the COGSA, the Hague Rules or other compulsorily applicable legislation.17. Deck Cargo. Goods which are stated herein to be carried on deck , whether or not carried on deck, are carried without responsibility on the part of the Carrier forloss or damage of whatsoever nature arising during carriage by sea whether caused by unseaworthiness or negligence or any other cause whatsoever.18. Special Container.(1) The Carrier shall not undertake to carry the Goods in refrigerated, heated, insulated, ventilated or any other special Container(s) nor to carry specialContainer(s) packed by or on behalf of the Merchant, as such; but the Carrier will treat such Goods or Container(s) only as ordinary goods or dry Container(s) respectively, unless special arrangements for the carriage of such Goods or Container(s) have been agreed to in writing between the Carrier and the Merchant and unless such special arrangements are noted on the face of this Bill and all special freight, as required, has been paid. The Carrier shall not accept responsibilityfor the function of special Container(s) supplied by or on behalf of the Merchant. (2) As regards the Goods which have been agreed to be carried in special Container(s), the Carrier or its Sub-contractors shall not be responsible for control andcare of the refrigeration units of such Container(s) when the Containers are not in the actual possession of the Carrier. The Carrier does not warrant the refrigerating machinery and the Carrier shall not be liable for any loss of or damage to the Goods caused by latent defect in the refrigeration equipment.(3) If the Goods have been packed into refrigerated Container(s) by the Carrier and the particular temperature range requested by the Merchant is inserted in this。
中远COSCO集装箱提单背面条款[中英文]
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中远COSCO集装箱提单背面条款(中文)中远集团提单背面条款1. DEFINITIONS 定义“承运人”（CARRIER）是指“中远集运”，即中远集装箱运输有限公司。
“货方”（MERCHANT）包括发货人、托运人、收货人、受货人、货主、本提单的合法持有人或被背书人，或与货物或本提单具有现时或未来利益关系的任何人，或被授权代表前述任何一方行事的任何人。
“船舶”按有关上下文情况，包括本提单第6栏所列船舶或其替代船舶，以及承运人或代表承运人于全部运程中的海运阶段所使用的任何支线船或驳船。
“分立契约人”（SUB-CONTRACTOR）包括（除承运人以外的）船舶所有人及经营人，装卸工人，码头、仓库、集装箱储运站经营人及拼箱经营人，公路及铁路运输经营人，及承运人雇佣的用以进行运输的任何独立订约人，以及其小分立契约人（SUB-SUB-CONTRACTOR）。
分立契约人一词应包括直接及间接分立契约人及其各自的受雇人、代理人或分立契约人。
“货物”（GOODS）是指自货方收到的全部货物或其任何部分，并包括非由承运人或其代表提供的任何集装箱。
“件”是指由货方或其代表装载并铅封的每一集装箱，而不是在集装箱中所装的货物件数，如果此项件数未在本提单正面列明，或者是用“据称内装”或类似词句列明。
“装运单位”（SHIPPING UNIT）是指未以包件运输的任何一个具体单位的货物，包括机械、车辆及船只，但散装货物除外。
“集装箱”（CONTAINER）包括任何集装箱，如开顶集装箱、拖车、可运油罐、框架箱、平板箱、货盘，以及为运输货物而使用的任何其他设备或设施。
本条作为定义条款，用以说明、规定本提单条款中经常出现的一些名词，以便明确在为提单所证明或构成的运输合同中所代表的概念、避免理解上的差异。
有关承运人的定义与提单正面的抬头和承运人签单部位的落款相对应，符合《跟单信用证统一惯例500》对提单签发的要求。
本提单所构成或证明运输合同中的承运人仅指中远集运、而非任何其他相关的契约承运人、实际承运人，这样避免了当存在几个运输合同时发生混淆。
海运提单内容和主要条款
海运提单内容和主要条款(一)一、提单正面内容目前，各船公司所制定的提单虽然格式不完全相同，但其内容大同小异。
现介绍如下:1.必要记载事项根据我国《海商法》第七十三条规定，提单正面内容，一般包括下列各项：(1)货物的品名、标志、包数或者件数、重量或体积，以及运输危险货物时对危险性质的说明：(Description of the goods， mark， number of packages or piece， weight or quantity，and a statement， if applicable， as to the dangerous nature of the goods);(2)承运人的名称和主营业所(Name and principal place of business of the carrier);(3)船舶的名称(Name of the ship);(4)托运人的名称(Name of the shipper);(5)收货人的名称(Name of the consignee);(6)装货港和在装货港接收货物的日期(Port of loading and the date on Which the good were taken over by the carrier at the port of loading);(7)卸货港(Port of discharge);(8)多式联运提单增列接收货物地点和交付货物地点(Place where the goodswere taken over and the place where the goods are to be delivered in case of amultimodaltransport bill of lading);(9)提单的签发日期、地点和份数(Date and place of issue of the bill of loading and the numberof originals issued);(10)运费的支付(Payment of freight);(11)承运人或者其代表的签字(Signature of the carrier or of a person acting on his behalf)。
海运提单内容及主要条款
海运提单内容及主要条款海运提单内容及主要条款一、提单正面内容目前，各船公司所制定的提单虽然格式不完全相同，但其内容大同小异。
现介绍如下：1．必要记载事项根据我国《海商法》第七十三条规定，提单正面内容，一般包括下列各项：（1）货物的品名、标志、包数或者件数、重量或体积，以及运输危险货物时对危险性质的说明：（Description of the goods，mark，number of packages or piece，weight or quantity，and a statement，if applicable，as to the dangerous nature of the goods）；（2）承运人的名称和主营业所（Name and principal place of business of the carrier）；（3）船舶的名称（Name of the ship）；（4）托运人的名称（Name of the shipper）；（5）收货人的名称（Name of the consignee）；（6）装货港和在装货港接收货物的日期（Port of loading and the date on Which the good were taken over by the carrier at the port of loading）；（7）卸货港（Port of discharge）；（8）多式联运提单增列接收货物地点和交付货物地点（Place where the goods were taken over and the place where the goods are to bedelivered in case of a multimodal transport bill of lading）；（9）提单的签发日期、地点和份数（Date and place of issue of the bill of loading and the numberof originals issued）；（10）运费的支付（Payment of freight）；（11）承运人或者其代表的签字（Signature of the carrier or of a person acting on his behalf）。
《海商法》关于提单背面条款 -回复
《海商法》关于提单背面条款-回复提单背面条款是海商法中的重要内容之一，它规定了海运合同当事人之间的权利和义务。
本文将逐步回答与《海商法》中关于提单背面条款相关的问题。
一、什么是提单背面条款？提单背面条款是指存在于国际海运提单背面的一系列约定。
提单是一种证明货物交接的重要文件，背面的条款是对海运合同进行补充和约定的内容。
提单背面条款可以规定关于货物的性质、数量、包装、运费支付、保险责任等事项。
它具有法律约束力，当事人在签署提单时就默认接受了背面条款的约定。
二、提单背面条款的主要内容有哪些？《海商法》中关于提单背面条款的规定主要包括货物描述、数量和包装、运费和货损等多个方面。
1. 货物描述：提单背面条款会详细描述货物的性质、品名、规格、重量和体积等信息，以确保可追溯性和准确性。
2. 数量和包装：提单背面条款还会规定货物的数量和包装方式，以保证货物在运输过程中的安全性和完整性。
3. 运费和货损：提单背面条款会约定运输费用的支付方式和期限，同时规定货损的承担责任和索赔程序。
以上是提单背面条款的一些主要内容，实际上还可以根据当事人的需求进行具体的约定。
三、提单背面条款的作用是什么？提单背面条款具有以下几个作用：1. 约定权利和义务：提单背面条款明确了海运合同当事人之间的权利和义务，减少了争议和合同纠纷的可能性。
2. 保护当事人权益：提单背面条款规定了货物的描述、数量和包装等信息，能够确保货物在运输过程中的安全性和完整性。
3. 规范合同行为：提单背面条款作为法律文件，对当事人的行为进行了规范，增加了合同的可预见性和稳定性。
四、提单背面条款是否可以修改？根据《海商法》的规定，如果提单背面条款已经载明，海运承运人在对提单签发之前不能擅自修改，否则将面临违约责任。
然而，在一些特殊情况下，提单背面条款可以被特别约定或协商修改。
当事人可以根据实际情况和需求通过合法授权的形式对条款进行修订。
五、提单背面条款的违约和争议解决如何处理？当提单背面条款被违反时，受损害方可以提起违约诉讼来维护自己的权益。
国际贸易中的海运提单
6.从船舶经营性质的不同分
班轮提单（Liner B/L）：指经营班轮运输的轮船公司或其代理人出具打的提单，提 单上列有详细的运输条款。
租船提单（Charter party B/L）：是船方根据租船合同签发的一种提单。提单上一 般注明“所有条件均根据某年某月某日签订的租船合同”或者注有“根据…租船合 同开立”字样。
(9)件数和包装种类(NUMBER AND KIND OF PACKAGES)，要按箱子实际包装情况 填列
(10)唛头(SHIPPING MARKS)，信用证有规定的，必须按规定填列， 否则可按发票上的唛头填列
(11)毛重，尺码(GROSS WEIGHT，MEASUREMENT)，除信用证另有规定 者外，一般以公斤为单位列出货物的毛重，以立方米列出货物体积
不记名提单（Bearer B/L，or Open B/L，or Blank B/L） ：指提单收货人栏内没 有指明任何收货人，谁持有提单，谁就可以提货，至凭单据不凭人。这种提单丢失 或被窃，风险极大，若转入恶意的第三者手中时，极易引起纠纷，故国际上较少使 用这种提单。另外，根据有些班轮公会的规定，凡使用不记名提单。在给大副的提 单副本中必须注明卸货港通知人的名称和地址。
集装箱提单（Container B/L）：指集装箱货物运输下主要的货运单据，负责集装 箱运输的经营人或其代理人，在收到集装箱货物后而签发给托运人的提单。
舱面货提单（On Deck B/L）：又称甲板货提单。这是指货物装于露天甲板上承运 时，并于提单注明“装于舱面”（On Deck）字样的提单。
交换提单（Switch B/L）：是指在直达运输的条件下，应托运人的要求，承运人承诺， 在某一约定的中途港凭在启运港签发的提单另换发一套以该中途港为启运港，但仍 以原来的托运人为托运人的提单，并注明“在中途港收回本提单，另换发以该中途 港为启运港的提单”或“Switch B/L”字样的提单。
第五节提单的背面条款
第五节提单的背面条款提单背面的条款，作为承托双方权利义务的依据，多则三十余条，少则也有二十几条，这些条款一般分为强制性条款和任意性条款两类。
强制性条款的内容不能违反有关国家的法律和国际公约、港口惯例的规定。
我国《海商法》第四章海上货物运输合同的第四十四条就明确规定：“海上货物运输合同和作为合同凭证的提单或者其他运输单证中的条款，违反本章规定的，无效。
”《海牙规则》第三条第八款规定：“运输契约中的任何条款、约定或协议，凡是解除承运人或船舶由于疏忽、过失或未履行本条规定的责任与义务，因而引起货物的或与货物有关的灭失或损害，或以本规则规定以外的方式减轻这种责任的，都应作废并无效。
” 上述的规定都强制适用提单的强制性条款。
除强制性条款外，提单背面任意性条款，即上述法规、国际公约没有明确规定的，允许承运人自行拟定的条款，和承运人以另条印刷、刻制印章或打字、手写的形式在提单背面加列的条款，这些条款适用于某些特定港口或特种货物，或托运人要求加列的条款。
所有这些条款都是表明承运人与托运人、收货人或提单持有人之间承运货物的权利、义务、责任与免责的条款，是解决他们之间争议的依据。
虽然各种提单背面条款多少不一，内容不尽相同，但通常都有下列主要条款：1．定义条款( Definition ) 定义条款是提单或有关提单的法规中对与提单有关用语的含义和范围作出明确规定的条款。
如中远提单条款第一条规定：货方( Merchant )包括托运人( Shipper )、受货人( Receiver )、发货人( Consignor )、收货人( Consignee )、提单持有人( Holder of B/L )，以及货物所有人( Owner of the Goods )。
在国际贸易的实践中，提单的当事人应该是承运人和托运人是毫无异议的。
但是，不论是以FOB还是CIF或CFR价格成交的贸易合同，按照惯例，当货物在装货港装船时，货物一旦越过船舷其风险和责任就转移到作为买方的收货人或第三者。
海运提单—海运提单的背书
背书的提单是哪几种？
记名抬头提单
空白抬头提单
• 记名抬头提单的流通性最小， 因为是记名的，这就相当于已 经指定某一个人持有提单了， 所以无法转让无法背书。
• 谁持有该空白抬头提单就拥有 了提单的物权凭证，不需要背 书转让，流通性很好。但风险 性高。
03 如何进行背书呢？
如何进行背书呢？
记名背书
记名背书就是提单当前的持有人，在背书业务中我们把他叫做背书人，现在 他想把提单转让给另一家公司。
比如A公司将提单背书转让给B公司，这里A公司我们称为背书人，B公司我 们称为被背书人。那怎么记名背书呢？要把B公司的相关信息写在提单背面，这 就是记名背书。
海运提单的背书
目录
01 提单为什么要背书？ 02 背书的提单是哪几种？ 03 如何进行背书？
01 提单为什么要背书？
提单为什么要背书？
海运提单的特性决定的
海运提单是一种物权凭证，所以背书流转是实现提单转让的一种手段。提单 背书的转让，意味着背书人确认了该提单的所有权。
提单为什么要背书？
海运提单的特性决定的
如何进行背书呢？
记名背书
如A公司将提单背书转让给B公司，可以作以下背书:
PLEASE DELIVERY TO B CO.,LTD ACO.,LTD April.10th.2021
如何进行背书呢？
• 其实这种经过记名背书的提单 ，相当于已经是记名抬头提单了， 不能再流通转让，不能再背书 。所以无法背书。
如何进行背书呢？
指示提单
如A公司将提单背书转让给B公司，那么指示背书的话，就要做一下指示。
海运提单背面条款英文原版
1、DEFINIYION W herever the term “Shipper” occurs hereinafter. It shall be deemed to include also Receiver, Consignee. Holder of this Bill of Lading and Owner of the goods.2、JURISDICTION All disputes arising under and in connection with this Bill of Lading shall be determined by the court in the People’s Republic of China.3、DEMISE CLAUSE If the ship is not owned by or chartered by demise to the corporation by whom this Bill of Lading is issued (as may be the case notwithstanding anything that appears to the contrary) this Bill of Lading shall take effect only as a contract with the Owner or demise charterer as the case may be as principal made through the agency of the said corporation who act as agents only and shall be under no personal liability whatsoever in respect thereof4．HAGUE RULES This Bill of Lading shall have effect in respect of Carrier’s liabilities, responsibilles, rights and immunities subject to the Hague Rules contained in the International Convention for the Unification of Certain Rules Relating to Bills of Lading 1924.5、PACKING AND MARKS The Shipper shall have the goods properly packed addurately and clearly marked befpre shipment. The port of destination of the goods should be marked in letters of 5 cm high, in such a way as will remain legible until their delivery.6、OPTIONAL STOWAGE (1)The goods may be stowed by the Carrier in containers or similar articles of transport used to consolidate goods (2)Goods stowed in containers other than flats, pallets, trailets, transportable tanks or similar articles of transport whether by the Carrier or the Shipper, may be carried on or under deck without notice to the Shipper. Such goods whether carried on or under deck shall participate in general average.7、DECK CARGO. PLANTS AND LIVE ANIMALS Cargo on deck, plants and live animal are received, handled, carried, kept and discharged at Shipper’s or Receiver’s risk and the Carrier shall not be liable for loss thereof or damage thereto.8、FREIGHT (1)Freight and charges shall be deemed earned on receipt of the goods by the Carrier and shall be paid by the Shipper and non-returnable andnon-deductable in any event. Freight payable at destination together with other charges is due on arrival of the goods at the place of destination and shall be paid before delivery of the goods. (2)For the purpose of verifying the freight basis, the Carrier reserves the right to have the goods and the contents of containers, trailers or similar articles of transport inspected in order to ascertain the weight, measurement, value or nature of the goods. In case the particulars of the goods furnished by the Shipper are incorrect, the Shipper shall be liable and bound to pay to the Carrier a sum either five times the difference between the correct freight and the freight charged or to double the correct less the freight charged, whichever sum is the smaller, as liquidated damages to the Carrier.9、LIEN The Carrier shall have a lien on the goods and any documents relating thereto for all sums payable to the Carrier under this Bill of Lading and for general average contributions to whomsoever due and for the cost of recovering the same, and for that purpose shall have the right to sell the goods by public auction or private treaty without notice to the Shipper. If on sale of the goods, the proceeds fail to cover the amount due and the cost incurred, the Carrier shall be entitled to recover the deficit from the Shipper.10、TIME BAR，NOTICE OF LOSS In any event the Carrier shall be discharged from all liabilities under this Bill of Lading unless suit is brought within one year after the delivery of the goods or the date when the goods should have been delivered. Unless notice of loss of or damage to the goods and the general nature of it be givenin writing to the Carrier at the place of delivery before or at the time of the removal of the goods into the custody of the person entitled to delivery thereof under this Bill of Lading, or, if the loss or damage such removal shall be prima facie evidence of the delivery by the Carrier of the goods as described in this Bill of Lading. In the caseof any actual or apprehended loss or damage the Carrier and the Shipper shall give all reasonable facilities to each other for inspecting and tallying the goods.11、THE AMOUNT OF COMPENSATION(1)When the Carrier is liable for compensation in respect of loss of or damage to the goods,such compensation shall be calculated by reference to the invoice value of the goods plus freight and insurance premium of paid. (2)Notwithstanding clause 4 of this Bill of Lading the limitation of liability under the Hague Rules shall be deemed to be RMB.￥700 per package or unit. (3)Higher compensation may be claimed only when, with the consent of the Carrier, the value for the goods declared by the Shipper which exceeds the limits laid down in this clause has been stated in this Bill of Lading and extra freight has been paid as required. In that case the amount of the declared value shall be substituted for that limit. Any partial loss or damage shall be adjusted pro rata on the basis of such declared value.12、LOADING，DISCHARGING AND DELIVERY T he goods shall be supplied and taken delivery of by the owner of the goods as fast as the ship can take and discharge them, without interruption, by day and night. Sundays and Holidays included, notwithstanding any custom of the port to the contrary and the owner of the goods shall be liable for all losses or damages incurred in default thereof. Discharge may commence without previous notice. If the goods are not taken delivery of by the Receiver in due time from alongside the vessel, or if the Receiver refuses to take delivery of the goods, or in case there are unclaimed goods, the Carrier shall be at liberty to land such goods on shore or any other proper places at the sole risk and expense of the Shipper or Receiver, and the Carrier’s responsibility of delivery of goods shall be deemed to have been fulfilled. If the goods are unclaimed during a reasonable time, or wherever the goods will become deteriorated, decayed or worthless, the Carrier may, at his discretion and subject to his lien and without any responsibility attaching to him, sell, abandon or otherwise dispose of such goods solely at the risk and expense of the Shipper.13、LIGHTERAGE Any lighterage in or off ports of loading or ports of discharge shall be for the account of the Shipper or Receiver.14、FORWARDING，SUBSTITUTE OF VESSEL，THROUGH CARGO AND TRANSHIPMENT If necessary, the Carrier may carry the goods to their port ofdestination by other persons or by rail or other means of transport proceeding either directly or indirectly to such port, and to carry the goods or part of them beyond their port of destination, and to transship and forward same at Carrier’s expense but at Shipper’s or Receiver’s risk. The responsibility of the Carrier shall be limited to the part of the transport performed by him on the vessel under his managemint.15、DANGEROUS GOODS，CONTRABAND (1)The Shipper undertakes not to tender for transortation any goods which are of a dangerous, inflammable,radio-active,and/or any harmful mature without previously giving written notece of their nature to the Carrier and marking the goods and the container or other covering on the outside as required by any laws or regulations which may be applicable during the carriage. (2)Whenever the goods are discovered to have been shipped without complying with the subclause(1)above or the goods are found to be contraband or prohibited by any laws or regulations of the port of loading, discharge or call or any place or waters during the carriage, the Carrier shall be entitled to have such goods rendered innocuous, thrown overboard or discharged or otherwise disposed of at the carrier’s discretion without compensation and the Shipper shall be liable for and indemnify the Carrier against any kind of loss, damage or liability including loss of freight, and any expenses directly or indirectly arising out of or resulting from such shipment. (3)If any goods shipped complying with the subclause (1)above become a danger to the ship or cargo, they may in like manner be rendered innocuous,thrown overboard or discharged or otherwise disposed of at the Carrier’s discretion without compensation except to general average, of any.16、REFRIGERATED CARGO (1)The Shipper undertakes not to tender for transportation any goods which require refrigeration without previously giving written notice of their nature and particular temperayure range to be maintained. If the above requirements are not complied with, the Carrier shall not be liable for any loss of or damage to the goods howsoever arising (2)Before loading goods in any insulated space, the Carrier shall, in addition to the Class Certificate, obtain the certificate of the Classification Society’s Surveyor or other competent person, stating that such insulated space veyor or other competent person fit and safe for the carriage andpreservation of refrigerated goods. The aforesaid certificate shall be conclusive evidence against the Shipper, Receiver and/or any Holder of Bill of Lading.(3)Receivers have to take delivery of refrigerated goods as soon as the ship is ready to deliver, otherwise the Carrier shall land the goods at the wharf at Receiver’s or Shipper’s risk and expense.17、TIMBER Any statement in this Bill of Lading to the effect that timber has been shipped “in apparent good order and condition” does not involve any admission by the Carrier as to the absence of stains, shakes, splits, holes or broken pieces, for which the Carrier accepts no responsibility.18、BULK CARGO As the Carrier has no reasonable means of checking the weight of bulk cargo, any reference to such weight in this Bill of Lading shall be deemed to be for reference only, but shall constitute in no way evidence against the Carrier. 19、COTTON Description of the apparent condition of cotton or cotton products does not relate to the insufficiency of or torn condition of the covering, nor to any damage resulting therefrom, and Carrier shall not be responsible for damage of such nature.20、OPTIONAL CARGE The port of discharge for optional cargo must be declared to the vessel’s agents at the first of the optional ports not late than 48 hours before the vessel’s arrival there. In the absence of such declaration the Carrier may elect to discharge at the contract of carriage shall then be considered as having been fulfilled, Any option must be for the total quantity of goods under this Bill of Lading.21、GOODS TO MORE THAN ONE CONSIGNEE Where bulk goods or goods without marks or goods with the same marks are shipped to more than one Consignee, the Consignees or Owners of the goods shall jointly and severally bear any expense or loss in dividing the goods or parcels into pro rata quantities and any deficiency shall fall upon them in such proportion as the Carriers, his servants or agents shall decide.22、HEA VY LIFTS AND OVER LENGTH CARGO Any one piece or package of cargo which exceeding 2000 kilos or 9 meters must be declared by the Shipper in writing before receipt by the Carrier and/or length Clearly and durably on the outside of the piece or package in letters and figures not less than 2 inches high bythe Shipper. In case of the Shipper’s failure in his obligations aforesaid, the Shipper shall be liable for loss of or damage to any property or for personal injury arising as a result of the Shipper’s said failure and shall indemnify the Carrier against any kind of loss or liability suffered or incurred by the Carrier as a result of such failure.23、SHIPPER-PACKED CONTAINERS.ETC. (1)If a container has not been filled, packed or stowed by the Carrier, the Carrier shall not be liable for any loss of or damage to its contents and the Shipper shall cover any loss or expense incurred by the Carrier, of such loss, damage or expense has been cause by negligent filling, packing or stowing of the container; orthe contents being unsuitable for carriage in container; or the unsuitability or defective condition of the container unless the container has been supplied by the Carrier and the unsuitability or defective condition would not have been apparent upon reasonable inspection at or prior to the time when the container was filled, packed or stowed. (2)The provisions of thesub-clause (1) above also apply with respect to trailers, transportable tanks, flats and pallets which have not been filled, packed or stowed by the Carrier.24、WAR，QUARANTINE，ICE，STRIKES，CONGESTION，ETC. Should it appear that war, blockade, pirate, epidemics, quarantine, ice, strikes, congestion and other causes beyond the Carrier’s control would prevent the vessel from safely reaching the port of destination and discharging the goods thereat, the Carrier is entitled to discharge the goods at the port and the contract of carriage shall be deemed to have been fulfilled. Any extra expenses incurred under the aforesaid circumstances shall be borne by the Shipper or Receiver.25、GENERAL A VERAGE General average shall be adjusted in Beijing in accordance with the Beijing Adjustment Rules 1975.26、BOTH TO BLAME COLLISION If the carrying ship comes into collision with another ship as a result of the negligence of the other ship and any act, neglect or default in the navigation or the management of the carrying ship, the Shipper undertakes to pay the Carrier, or, where the Carrier is not the Owner and in possession of the carrying ship, to pay to the Carrier as trustee for the Owner and/or demise charterer of the carrying ship, a sum sufficient to indemnify the Carrier and/or theOwner and/or demise charterer of the carrying ship against all loss or liability to the other or non-carrying ship or her Owners insofar as such loss or liability represents loss of or damage to his goods or any claim whatsoever of the Shipper, paid or payable by the other or non-carrying ship or her Owners to the Shipper and set-off, recouped or recovered by the other or non-carrying ship or her Owners as part of their claim against the carrying ship or her Owner or demise charterer or the Carrier. The foregoing provisions shall also apply where the Owners, operations, or those in charge of any ship or ships or objects, other than, or in addition to, the colliding ships or objects, are at fault in respect to a collision, contact, stranding or other accident.27、U.S.A. CLAUSE Notwithstanding any other term hereof the Carriage of Goods by Sea Act 1936 of the United States of America shall have been affect subject to in respect to carriage of goods to and from the United States of America. If any provision of this Bill of Lading be invalid under the Carriage of Goods by Sea Act 1936, such provision shall, to the extent of such invalidity, but no further, be null and void.。
外贸单据之海运提单
海运提单海运提单主要项目填制说明如下：1、托运人（Shipper）。
即与承运人签订运输契约，委托运输的货主，即发货人。
在信用证支付方式下，一般以受益人为托运人；托收方式以托收的委托人为托运人。
另外，根据《UCP500》第31条规定：除非信用证另有规定，银行将接受表明以信用证受益人以外的第三者为发货人的运输单据。
2、收货人（Consignee）。
收货人要按合同和信用证的规定来填写。
一般的填法有下列几种：（1）记名式：在收货人一栏直接填写上指定的公司或企业名称。
该种提单不能背书转让，必须由收货人栏内指定的人提货或收货人转让。
（2）不记名式：即在收货人栏留空不填，或填“To Bearer”（交来人/持票人）。
这种方式承运人交货凭提单的持有人，只要持有提单就能提货。
（3）指示式：指示式的收货人又分为不记名指示和记名指示两种。
不记名指示，是在收货人一栏填“To Bearer”，又称空白抬头。
该种提单，发货人必须在提单背面背书，才能转让。
背书又分为记名背书和不记名背书（空白背书）两种。
前者是指在提单背面填上“Deliver to ×××”“Endorsed to ×××”，然后由发货人签章；后者是发货人在背面不做任何说明只签章即可。
记名背书后，其货权归该记名人所有，而且该记名人不可以再背书转让给另外的人。
不记名背书，货权即归提单的持有人。
记名指示，是在收货人一栏填“To Order of Shipper”，此时，发货人必须在寄单前在提单后背书；另外还有凭开证申请人指示即L/C中规定“To Order of Applicant”，在收货人栏就填““To Order of ××× Co”；凭开证行指示，即L/C中规定“To Order of Issuing Bank”，则填“To Order of ×××Bank”。
中远提单背面条款中英对照完整版
中远集提单背面条款(中英对照完整版)1. DEFINITIONS "Carrier" means COSCO container lines company limited. "Merchant" includes the consignor, the shipper, the receiver, the consignee, the owner of the Goods, the lawful holder or endorsee of this Bill of Lading, or any other person having any present or future interest in the Goods or this Bill of Lading, or anyone authorized to act on behalf of any of the foregoing. "Vessel", where the context so admits, includes the Vessel named in Box 6 of this Bill of Lading or any substitute therefor, and any feeder vessel, lighter or barge used by or on behalf of the Carrier in connection with any seaborne leg of the carriage. "Sub-contractor" includes owners and operators of vessels (other than the Carrier), stevedores, terminal, warehouse, depot and groupage operators, road and rail transport operators and any independent contractor employed by the Carrier in the performance of the carriage and any sub-sub-contractor thereof. The expression Sub-contractor shall include direct and indirect Sub-contractors and their respective servants, agents or Sub-contractors. "Goods" means the whole or any part of the cargo received from the Merchant and includes any Container not supplied by or on behalf of the Carrier. "Package" means each Container which is stuffed and sealed by or on behalf of the Merchant, and not the items packed in such Container if the number of such items is not indicated on the front of this Bill of Lading or is indicated by the terms such as "Said to Contain" or similar expressions. "Shipping Unit" means any physical unit of cargo not shipped in a package, including machinery, vehicles and boats, except goods shipped in bulk. "Container" includes any Container, open top, trailer, transportable tank, flat rack, platform, pallet, and any other equipment or device used for or in connection with the transportation of the Goods.1. DEFINITIONS 定义“承运人”（CARRIER）是指“中远集运”，即中远集装箱运输有限公司。
第四节 提单的背面条款
第四节提单的背面条款1.两类提单的背面条款：1）强制性条款：其内容不能违反有关国家的海商法规，国际公约或港口惯例的规定，违反或不符合这些规定的条款是无效的2）任意性条款：即上述法规，公约和惯例没有明确规定，允许承运人自行拟定的条款，都属于任意性条款2.首要条款：是承运人按照自己的意志，印刷于提单条款的上方（通常列为提单条款的第一条）用以明确本提单适用法规的条款3.定义条款：定义条款是提单中或有关提单的法规中，对与提单有关用语的含义和范围作出释义的条款。
各船公司的提单中，一般都有定义条款，对作为运输合同当事人一方的货方的含义和范围作出规定，将货方定义为包括托运人，受货人，发货人，收货人，提单持有人和货物所有人4.承运人责任条款：1）承运人的基本责任：承运人在船舶开航前和开航当时，应当谨慎处理使船舶处于适航状态，妥善配备船员，装备船舶和配备供应品，并使货仓，冷藏舱，冷气舱和其他载货处所适用于并能安全收受，载运和保管货物。
可归纳为保证船舶适航的责任和管理货物的责任两方面5.承运人责任期间条款：承运人对货物运输承担责任的开始和终止时间的条款。
1）承运人对集装箱装运的货物的责任期间，是指从装运港接收货物时起至卸货港交付货物时止，货物处于承运人掌管之下的全部期间2）承运人对非集装箱装运的货物的责任期间，是指从货物装上船时起至卸下船时止，货物处于承运人掌管之下的全部期间6.承运人免责条款的要求：要享受此权利，首先要履行适用法规所规定必须履行的基本义务，即承运人应做到谨慎处理使船舶适航，管理货物和尽速的按照约定的或习惯的或地理上的航线将货物运往卸货港，并不得无故绕航的义务。
免责条款的内容：1）因除外危险而免责2）因除外责任而免责3）因托运人过失而免责4）因货物本身性质而免责7.承运人赔偿责任限制条款：是指已明确承运人对货物的灭失和损坏负有赔偿责任应支付赔偿金时，承运人对每件或每单位货物支付的最高赔偿金额.。
《海商法》关于承运人的赔偿限额的规定与维斯比规则相同，即承运人对货物的灭失或者损坏的赔偿限额，按照货物件数或者其他货运单位数计算，每件或者每个其他货运单位为666.67计算单位，或者按照货物毛重计算，每公斤为2计算单位，以二者中赔偿限额较高为准8.关于特定货物的条款：1)危险货2）舱面货9.索赔通知：也叫货物灭失或损害通知，是收货人用书面形式向承运人或他的代理人提出的表明货物的损坏情况，并提出保留索赔权利的书面声明1）提出索赔通知的时间2)索赔通知的证据效力10.诉讼时效：是指对索赔案件提起诉讼的最终期限，《海商法》中关于诉讼时效的规定与海牙规则的规定相似，就海上货物运输向承运人要求赔偿的请求权，有效期间为一年，自承运人交付或者应当交付货物之日起计算。
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海运提单的背面条款及其依据
海运提单（Bill of Lading）是国际海运业的核心文件，是承运人或其代理人根据托运人的要求签发的一份凭据，用于证明货物的所有权和装船及运输的责任，已成为国际贸易中证明货物托运、货款付款和投诉索赔的重要凭证。
海运提单由承运人或其代理人签发，分为电放和实物提单两种。
提单分为正本和副本，其中正本用于货物提取或海关清关等实际操作使用，副本则用于交易结算或代理申报使用。
海运提单分为前后两页，前一页是运输章程，后一页则是条款，下面我们着重讨论一下海运提单背面条款及其依据。
一、海运提单背面条款的内容
根据《联合国国际货物运输公约》，海运提单的条款应包括以下内容：
1. 承运人的名字和地址；
2. 托运人的名字和地址；
3. 订舱人的名字和地址；
4. 货物的描述、数量和包装；
5. 装船港口和目的港口；
6. 运费和保险费的支付方式；
7. 货物运输方式；
8. 承运人对货物的限制和责任；
9. 货物的损坏、延迟或丢失的索赔制度；10. 提单签发日期；11. 提单编号；12. 承运人签字或印章等。
二、海运提单背面条款的依据
海运提单背面的这些条款实质上是一份合同，对托运人、收货人、订舱人和承运人在海运运输过程中的权利和义务作出
明确规定。
托运人和收货人在签订合同、支付相应费用等前提条件下，取得了海运提单的所有权利和义务。
一旦承运人签发提单，他就对海上运输中货物的运输和交付负完全责任。
同时，承运人也会依据条款中规定的内容，对货物的损失、延迟和丢失承担相应责任。
因此，海运提单背面的这些条款具有法律效力。
具体来说，海运提单背面的条款依据主要包括以下几点：
1. 国际惯例和国际法律法规
海运提单背面的条款作为一份文书，其条款中的规定必须遵守国际法律法规和国际贸易惯例。
例如，《海洋货物运输公约》就是国际货运业一项重要的法律规范，规定了海运提单的基本内容和承运人的责任，成为海运提单条款设计的重要依据。
2. 地方性法律法规
因为海运提单涉及多个国家和地区之间的交易，每个国家和地区都有不同的法律法规、行业规范以及习惯等。
因此，海运提单的条款设计也需要根据当地的法律、规范和惯例，以保障各方利益并防范不必要的法律风险。
3. 商业风俗和业界标准
随着国际贸易的不断繁荣发展，海运提单已成为国际贸易中不可或缺的文书形式之一，其条款也受到了日益严格的管控。
业界已发展出一系列的通行国际贸易行规和标准套路，如国际商会的INCOTERMS等，这些规则也为海运提单的条款设计提
供了重要的参考和依据。
综上所述，海运提单背面的条款是海上运输过程中权益保障和风险防控的重要依据，参与国际海运贸易的各方必须充分了解和遵守这些条款。
在具体操作中，各方还应留意一些常见的问题，如条款的有效性、责任的认定和索赔的处理等，以防产生纠纷和严重后果。