《国际货物运输合同》英文版

《国际货物运输合同》英文版
INTERNATIONAL CARRIAGE OF GOODS CONTRACT.
ARTICLE 1. SPHERE OF APPLICATION.
This Convention applies to all contracts for the carriage of goods by sea between different States, where the States of departure and destination are both Contracting States.
ARTICLE 2. DEFINITIONS.
In this Convention:
(a) "Carrier" means any person by whom or in whose name a contract of carriage of goods by sea has been concluded with a shipper.
(b) "Contract of carriage" means a contract for the carriage of goods by sea which is evidenced by a bill of
lading.
(c) "Goods" means any goods, including containers, pallets and other similar articles of transport used to facilitate the carriage of goods.
(d) "Shipper" means any person by whom or in whose name or on whose behalf a contract of carriage of goods by sea has been concluded with a carrier.
(e) "Bill of lading" means a document which evidences a contract of carriage of goods by sea and the taking over or loading of the goods by the carrier, and by which the carrier undertakes to deliver the goods against surrender of the document.
(f) "Consignee" means the person entitled to take delivery of the goods.
ARTICLE 3. FORM OF THE BILL OF LADING.
(1) The bill of lading shall be made out in writing. It
shall be signed by the carrier or his agent and by the shipper. The signature of the carrier or his agent may be printed or stamped.
(2) The bill of lading shall contain the following particulars:
(a) The name of the carrier.
(b) The name of the shipper.
(c) The name of the consignee.
(d) The place and date of issue of the bill of lading.
(e) A description of the goods, including their quantity, marks and numbers.
(f) The port of loading.
(g) The port of discharge.
(h) The agreed freight for the carriage of the goods.
(i) Such other particulars as are customary in the trade.
ARTICLE 4. DUTIES OF THE CARRIER.
(1) The carrier shall properly and carefully load, handle, stow, carry, keep, care for and discharge the goods carried under the contract of carriage.
(2) The carrier shall issue a bill of lading for the goods carried under the contract of carriage.
(3) The carrier shall provide a seaworthy ship for the carriage of the goods.
(4) The carrier shall properly and carefully operate the ship for the carriage of the goods.
(5) The carrier shall take all necessary measures to ensure the safety of the goods carried under the contract
of carriage.
ARTICLE 5. DUTIES OF THE SHIPPER.
(1) The shipper shall properly and carefully pack, mark and label the goods to be carried under the contract of carriage.
(2) The shipper shall provide the carrier with such information as is necessary for the safe carriage of the goods.
(3) The shipper shall pay the freight for the carriage of the goods.
ARTICLE 6. RIGHTS OF THE CARRIER.
(1) The carrier shall have the right to:
(a) Lien on the goods for freight, demurrage and other charges;
(b) General average;
(c) Salvage;
(d) Freight prepaid.
(2) The carrier shall have the right to terminate the contract of carriage if the shipper fails to perform his obligations under the contract.
ARTICLE 7. RIGHTS OF THE SHIPPER.
(1) The shipper shall have the right to:
(a) Inspect the goods before shipment;
(b) Stop the goods in transit;
(c) Divert the goods;
(d) Require the carrier to deliver the goods at the port of discharge specified in the bill of lading;
(e) Sue the carrier for damages in case of loss or damage to the goods.
ARTICLE 8. LIABILITY OF THE CARRIER.
(1) The carrier shall be liable for loss or damage to
the goods carried under the contract of carriage, unless he proves that the loss or damage was caused by:
(a) An act or omission of the shipper or consignee;
(b) An inherent defect in the goods;
(c) An act of war, hostilities, civil war, insurrection or a natural disaster;
(d) An arrest or restraint of princes, rulers or people;
(e) A strike, lockout or stoppage of work;
(f) A quarantine restriction;
(g) Any other cause beyond the reasonable control of
the carrier.
(2) The carrier shall not be liable for loss or damage
to the goods carried under the contract of carriage if the loss or damage was caused by:
(a) The intentional or negligent act or omission of the shipper or consignee;
(b) The willful misconduct of the carrier or his servants or agents;
(c) An inherent defect in the goods;
(d) An act of war, hostilities, civil war, insurrection or a natural disaster;
(e) An arrest or restraint of princes, rulers or people;
(f) A strike, lockout or stoppage of work;
(g) A quarantine restriction;
(h) Any other cause beyond the reasonable control of the carrier.
ARTICLE 9. LIMITATION OF LIABILITY.
(1) The liability of the carrier for loss or damage to the goods carried under the contract of carriage shall not exceed the value of the goods at the time of shipment.
(2) The carrier shall not be liable for indirect or consequential loss or damage.
ARTICLE 10. TIME-BAR.
(1) An action for loss or damage to the goods carried under the contract of carriage shall be time-barred after one year from the date of delivery of the goods or from the date when the goods should have been delivered.
(2) An action for delay in the delivery of the goods carried under the contract of carriage shall be time-barred after one year from the date when the goods were delivered or from the date when the goods should have been delivered.
ARTICLE 11. JURISDICTION AND ARBITRATION.
(1) Any dispute arising under this Convention shall be subject to the jurisdiction of the courts of the State in which the port of loading or the port of discharge is situated.
(2) Any dispute arising under this Convention may be submitted to arbitration in accordance with the Arbitration Rules of the United Nations Commission on International Trade Law (UNCITRAL).
ARTICLE 12. FINAL PROVISIONS.
(1) This Convention shall enter into force on the first day of the sixth month following the date of its adoption by the General Assembly of the United Nations.
(2) Any State which becomes a party to this Convention after the date of its entry into force shall become bound by its provisions on the first day of the sixth month following the date of its ratification, acceptance or approval.
(3) This Convention shall be open for accession by all States.
(4) This Convention shall be subject to denunciation by any State at any time after the expiration of five years from the date on which it became bound by the Convention.
(5) The denunciation shall be notified to the
Secretary-General of the United Nations.
(6) The denunciation shall take effect on the first day of the sixth month following the date on which the notification is received by the Secretary-General of the United Nations.。