International Marine Cargo Insurance
海洋运输货物保险条款(中英文对照)
海洋运输货物保险条款一、责任范围本保险分为平安险、水渍险及一切险三种。
被保险货物遭受损失时，本保险按照保险单上订明承保险别的条款规定，负赔偿责任。
（一）平安险本保险负责赔偿：1.被保险货物在运输途中由于恶劣气候、雷电、海啸、地震、洪水自然灾害造成整批货物的全部损失或推定全损。
当被保险人要求赔付推定全损时，须将受损货物及其权利委付给保险公司。
被保险货物用驳船运往或运离海轮的，每一驳船所装的货物可视作一个整批。
推定全损是指被保险货物的实际全损已经不可避免，或者恢复、修复受损货物以及运送货物到原订目的地的费用超过该目的地的货物价值。
2.由于运输工具遭受搁浅、触礁、沉没、互撞、与流冰或其他物体碰撞以及失火、爆炸意外事故造成货物的全部或部份损失。
3.在运输工具已经发生搁浅、触礁、沉没、焚毁意外事故的情况下，货物在此前后又在海上遭受恶劣气候、雷电、海啸等自然灾害所造成的部份损失。
4.在装卸或转运时由于一件或数件整件货物落海造成的全部或部份损失。
5.被保险人对遭受承保责任内危险的货物采取抢救、防止或减少货损的措施而支付的合理费用，但以不超过该批被救货物的保险金额为限。
6.运输工具遭遇海难后，在避难港由于卸货所引起的损失以及在中途港，避难港由于卸货，存仓以及运送货物所产生的特别费用。
7.共同海损的牺牲、分摊和救助费用。
8.运输契约订有“船舶互撞责任”条款，根据该条款规定应由货方偿还船方的损失。
（二）水渍险除包括上列平安险的各项责任外，本保险还负责被保险货物由于恶劣气候、雷电、海啸、地震、洪水自然灾害所造成的部份损失。
（三）一切险除包括上列平安险和水渍险的各项责任外，本保险还负责被保险货物在运输途中由于外来原因所致的全部或部分损失。
二、除外责任本保险对下列损失不负赔偿责任：（一）被保险人的故意行为或过失所造成的损失。
（二）属于发货人责任所引起的损失。
（三）在保险责任开始前，被保险货物已存在的品质不良或数量短差所造成的损失。
国际贸易、航运、租船和保险缩略语 F(F-FH)
hipping、Trading and Chartering and Terms Definitions国际贸易、航运、租船和保险缩略语Abbreviation MeaningF（F-FH）F －face value 票面价值，表面价值－factor of safety 安全系数－Factor 代理折扣因素－fair 展览会，中等－fairway 航道－february 二月－feedback 反馈－feeder 支线－feet 英尺－fender 避碰垫－finance 财政，金融－fixing 租用船舶－fixture 租船确认书－flatpacking 完整提交货物－fleet 船队，舰队－flexible 灵活的，－floor 地板，楼层，底价－fluctuate 波动，浮动－fore 船首，前－foreseeable 可预知的，可预测的－formality （正式）手续，－forward 船首部的，运送，转寄－forwarder 货运代理人，运输业者，转运公司(Freight Forwarder)－freight 运费，运输，货物－frame 肋骨－free 自由的，免费的，免税的－Friday 星期五－from 从…（来）－frustration 销约条款－fuel 燃料， fuel oil 燃料油－full 满的，全的－Fumigation 熏蒸（处理）－function 作用，功能F300 fuel oil 300 tons 燃油300吨FA, Fa，F/A －face amount 面额－face to face 面对面－factory automation 工厂自动化－final assembly 总装，最终装配－fixed assets 固定资产－flight attendants 机组人员－for account of 计如…账－forwarding agent 运输行－free from average 海损不保，不包括海损险－free astray 绕航货物或共同海损货物免费－freight agent 货运代理人，运输行－freight agreement 运价协定，运费协定－freight association 运价协会－fully automatic 全自动的－fore and aft 船首向的，纵向的FAA free of all average 只赔全损，分损不赔FAAS/C －free from all average seizure & capture因船舶被扣与被掳而造成的损失及一切海损不赔偿－including RDC free from all average serzure andcapture including running down clause 因船舶被扣与被掳（包括碰撞）而造成的损失及一切海损不赔偿－free of all average but to pay salvage charges一切海损不包赔偿，但负救助费FAB －fabricate;fabrication 制作，装配，伪造－fixed acoustic buoy 定声浮标FAC －facility 设施，设备，工具，机构，贷款－fast as can (loading or discharge)尽可能快，尽快装卸，尽速交运－as fast as the vessel can receive or deliver船舶能接受货交付的尽快速度F.A.C. forwarding agent’s commission 货运代理佣金FACC full and complete cargo 满舱满载货FACCOP As fast as ship can load/dischargeaccording tocustom of port根据港口习惯，船舶尽快装卸货FAC（ROD） As fast as the vessel can receive ordeliver以船舶能够接受或交付的尽快速度FAD －free air delivered 免费空运的－freight and demurrage 运费及滞期费FADB/L freight at destination bill of lading 运费到付提单FAE fresh Air Exchange 换气（保鲜）系统FAF －free at factory 工厂交货价格－fuel adjustment factor燃油价格调整附加费（日本航线专用）－full and down 满舱满载FAK Freight all kind（均）同一费率, 均一包箱费FAL(1965) －Convention on Facilitation of InternationalMaritime Traffic 1965,as amended《经修正的1965年便利国际海上运输公约》－Facilitation of InternationalMaritime Traffic 1965. (同上)《1965年国际便利海上运输公约》（1967生效）FALPRO special Programme on Trade Facilitation便利贸易特别项目，简化贸易手续特别计划FAM free at mill 工厂交货价格FAN forwarding agent’s notice 代运通知书FAO finish all over 全部完成，全部精加工FAP for all purpose （为）装卸作业FAQ －fair average quality 中等质量货物，统货，大路货－free at quay 码头交货价格－free alongside quay 码头交货价格FAQS fair average quality of the season 当季中等品（fair average quality 质量一般良好）FAS －free alongside ship. 船边交货价格－free arrival station 到达站交货（集装箱）－fueling at sea 海上加油FASV free alongside vessel 船边交货FAX －facilities 设备，工具，贷款－facsimile 传真－facsimile equipment 传真设备FB －feedback 反馈，回馈－ferro-boron 硼铁－ferry boat 渡船，交通艇－false billing 伪造单据，错误单据－flag box 旗箱－flat bar 扁材，扁条，扁钢－flat base 平底－flat bottom 平底（轨）－freight bill 货运单, 运费清单/运费单F&B －field blanking 现场作废－fire brigade 消防队－food and beverage 食品和饮料FBC flat bed container 平板集装箱FBE foreign bill of exchange 外汇汇票，国外汇票FBH free on board in harbor 港内船上交货价格F-BID firm bid 递实盘，稳还价FBL －forwarder’s bill of lading 货运代理人提单－foul bill of lading 不清洁提单－FIATA combined transport bill of lading国际运输商协会联合会签发的联运提单－negotiable FIATA Multimodal Transport Bill ofLading. FIATA可转让多式联运提单－FIATA Multimodal Transport Bill of LadingFIATA 多式联运提单FBT fuel-ballast tank 燃油压载舱FBZ Fairbreeze Shipping Company Ltd.香港顺风船务有限公司FC －facilities construction 设备结构，设施建设－facility control 设备控制－finance 金融，财政－fire cock 灭火栓，消防栓－first cost 最初成本，主要成本－fixed charges 固定费用－fixed cost 固定成本－flat car （铁路）平板车皮－floating crane 浮吊，起重船－for cash 用现金，付现款－forecast 预报－foreign currency 外币，外汇－franchise clause 免赔额条款－freight canvasser 货运揽(载)货员，货运销售员－freight collect 运费待收，运费到付－freight rate conference 运费率公会－fuel consumption 耗油量，燃料消耗（量）－fumigation charge 熏蒸费－future contract 期货合同－Friday holiday including 周五、节假日包括在内FCA free carrier 货交承运人（价格）F.C.A.R. free of claim for accident reported已报事故损失不赔FCB freight for class and basis基于商品等级和计算标准的包箱费率FCC －free of charterers’ commission 免付承租人佣金－first class certificate 一级证书，A级证书－first class charter 一级租船人－fully cellular containership 栅隔式全集装箱船FCE foreign currency exchange 外币兑换FCJC first class Japanese charter 一级日本租船人FCKC first class Korean charter 一级韩国租船人FCL full container load 整（集装）箱货FCR forwarder’s certificate of receipt运输代理人货物收据/证明FCS －free of capture and seizure 虏获与捕捉不赔－freight for class基于商品等级的包箱费率－full container ship 全集装箱船FCSAD free of capture, seizure, arrest and detainment虏获、捕捉、逮捕及拘留均不赔FCSRCC free of capture,seizure, riots and civilcommotions虏获、捕捉、暴动及动乱不赔FCT forwarding agent certificate oftransport货运代理人货运证明FCT B/L FIATA combined transport B/L国际货物发运人协会联合会，联合运输提单FD －final destination 最终交货地点－floating dock 浮船坞－floating dollar 浮动美元－fore draft 前吃水，船首吃水－forced discharge 强行卸货－forced draughts 强制通风，压力通风－forward delivery 远期交货，定期交货－free (at) dock 码头交货价，船坞交货－free delivered 目的地买方指定地点交货（价）－free delivery 免费交货－free discharge 卸货自理，船方不负担卸货费－free dispatch（即使速遣）免付速遣费，免费装运－freight and demurrage 运费和滞期费(F and D)－freight & drayage 海运费及陆运费F&D freight and demurrage 运费和滞期费F.D.A. Food and Drug Administration 食品及药物管理局FDD －freight demurrage deadfreight运费，滞期费和亏舱费由承租人承担－floating drydock 浮干坞，浮船坞FDESP free dispatch 免付速遣费，无速遣费FDEDANRSAOCLONL freight deemed earned, discountless andnon-returnable(refundable) ship andor cargo lost or not lost运费已赚取，不可抵扣、不可返还，无论货物或船舶是否灭失FDFT fore draft 艏吃水FDK fore deck 前甲板FDND freight,dispatch and demurrage defence运费、速遣和滞期费保护，运费及滞期/速遣保护F/DP free dispatch 免付速遣费FDR free-digging rate 正常挖取效率（散货船机械）FE －far east 远东， far estern 远东的－first engineer 轮机长，大车－foreign exchange 外汇－for example 例如FEBD free board 待租船FEDEX Federal Express Corporation美国联邦快递公司FEFC Far East Freight Conference远东水脚公会，远东班轮公会FENQ formal enquiry 正式询价FEOF foreign exchange operation fund 外汇周转资金FER foreign exchange reserve 外汇储备FESC Far-Eastern Shipping Co.Ltd 远东国际海运公司(俄)FEU forty-foot equivalent unit 40’英尺集装箱FF －firm Offer 实盘－fixed fee 固定手续费－freight forward 运费由收货人付，提货人付运费－freight forwarder 货运代理人，货运公司－full field 全新－fully fitted 完全符合FFA －fire fighting appliances 消防设备－foreign freight agent 国外货运代理人－forward freight agreement(干散货市场)远期运费协议－free foreign agency 国外代理免费－free from alongside 船边交货价格－free from average 一切海损均不赔偿FFC free from foreign capture 外国捕获除外FFD －forward floating depot 浮动堆场，浮动码头－free from damage 残损不赔，损坏不赔－free from duty 免税FFDS forward floating depot ship 前方浮动仓库船FFI FIATA Forwarding Instruction (FIATA form)国际货运代理协会联合会代运说明FFP（C） firm fixed price (Contract)固定价格（合同），商行规定价格（合同）FFT for further transfer 待转交，再行转让FG －following 下列的，如下的－foreign-going 远洋航行，国际航行－fully good 最佳，上等，最优美的FGA －foreign general agent 国外总代理人－foreign general average 国外共同海损险－free of general average 共同海损不赔FGO －fully good ordinary 中上品（货）－for good 为…好的，等待…好的FGS foreign going-ship 国际航行船舶，世界航行船舶FGT freight 货运，货物，运费FH －first half 前半期－free hand (cargo/shipment) 自揽(货)－first half of the month 前半个月－fore-hatch 船前舱－free harbour 自由港（free port）－free hatch 免税舱－front haul 驶离欧洲航线的船(租船用语) FHC －fire hose cabinet 消防柜，消防皮龙箱－for-hire carrier 租船承运人FHEX Friday,holiday excluded星期五和节假日不包括在内FHINC Friday and holidays included星期五和节假日包括在内HWAC first high water after completion (in thestatement of facts)完成（装/卸货）后的第一个满潮（事实说明）。
国际货运代理专业英语
1. Scope of …Originally,a freight forward was a commission agent performing on behalf of the export/import route tasks such as loading/unloading of goods,storage of goods,arranging local transport,obtaining payment for his customer,etc..However,the expansion of international trade and the development of different modes of transport over the years that followed enlarged the scope of his services.Today,a freight forwarder plays an import role in international trade and transport.The services that a freight forwarder renders may often range from routine and basic tasks such as the booking of space or customs clearance to a comprehensive package of servicies covering the total transportation and distribution process.(Export) Unless the consignor,the person sending goods,or the consignee,the person receiving goods,wants to attend to any of the procedural（程序上的）and documentary formalities(正式的) himself,it is usually the freight forwarder who undertakes on his behalf to process the movement of goods through the various stages involved.The freight forwarder may provide these services directly or through sub-contractors（转包商）or otheragencies employed by him.He is also expected to utilize,in his connection,the services of his overseas agents.Briefly,these services are：Study the provisions of the letter of credit and all Government regulations applicable to the shipment of goods in the country of export,the country of import,as well as any transit country,he would also prepare all the necessary documents.Pack the goods,taking into account the route,the mode of transport,the nature of the goods and applicable regulations,if any , in the country of export,transit contries and country of destination.Arrange warehousing of the goods,if necessaryWeigh and measure the goodsDraw the consignorˊs attention to the need for insurance and arrange for the insurance of goods,if required by the consignorTransport the goods to the port,arrange for customs clearance,related documentation formalities and deliver the goods to the carrier.Attend to foreigh exchange transactions,if anyPay fees and other charges including freightObtain the signed bills of lading from the carrier and arrange delivery to the consignor Arrange for transshipment en route of necessaryMonitor the movement of goods all the way to the consignee through contacts with the carrier and the forwarderˊs agents abroad.Note damages or losses,if any,to the goodsAssist the consignor in pursuing claims,of any,against the carrier for loss of the goods or for damage to themOn behalf of the consigeeMonitor the movement of good on behalf of the consignee when the consignee controls freight,that is,the cargoReceive and check all relevant documents relating to the movement of the goodsTake delivery of the goods from the carrier and if necessary ,pay the freight costArrange customs clearance and pay duties fees and charges to the customs and other public authoritiesArrange transit warehousing,if necessaryDeliver the cleared goods to the consigneeAssist the consignee,if necessary,in pursuing claims,if any against the carrier for the loss of the goods or any damage to themAssist the consignee ,if necessary,In warehousing and distribution2. Incoterms 2000---major trade termsInternational rules for interpretation of trade termsICC:International Chamber Of CommerceLater amendments and additions were made to it to bring the rules in line with current international trade practices（贸易惯例）,Eeach term specifies whether the buyer or the seller is responsible for arranging such necessary as export license,customs clearance,inspections,and other obligations.They specify at which point the risk of loss and /or damage passes from seller to buyer as well as which party pays for specific activities .A buyer and a seller who conduct their purchase and sale under one of the Incoterms,therefore,will have a mutual understanding of their rights,cost,and obligations1. FOB---Free on board―Free on board‖ means that the seller delivers when the goods pass the shipˊs rail at the named port of shipment .This means that the buyer has to bear all costs and risks of loss of or damage to the goods from that point.The FOB term requires the seller to clear the goods for export .This term can be used for sea or inland waterway transport.2. CFR---Cost and freight―Cost and freight‖ means that the seller delivers when the goods pass the shipˊs rail in the port of shipment.The seller must pay the costs and freight necessary to bring the goods to the named port of destination BUT the risk of loss of or damage to the goods,as well as any additional costs due to events occurring after the time of delivery,are transferred from the seller to the buyer. The CFR term requires the seller to clear the goods for export.This term can be used only for sea and inland waterway transport..3. CIF---Cost,Insurance and freight―Cost Insurance and freight‖ means that the seller delivers when the goods psss the shipsˊs rail in the port of shipment.The seller must pay the costs and freight necessary to bring the goods to the named port of destination BUT the risks of loss of or damage to the goods,as well as any additional costs due to events occurring after the tine of delivery ,are transferred from the seller to the buyer.However ,In CIFthe seller also has to procuer insurance against the buyerˊs risk of loss of or damage to the goods during the carriage.Consequently,the seller contracts for insurance and pays the insurancepremium.The CIF term requires the seller to clear the goods for export.3. Terms of shipment in the Contracts for the International Sale of goods When buyer and seller discuss the terms of the contract, terms of shipment are compulsory.Terms of shipment inculde methods of trasport , time of shipment,partial shipment and transshipment,port or place of loading and unloading ,shipping documents,etc,Here only time of shipment will be discussed.Time of shipment refers to the time limit for loading the goods on board the vessel at port of shipment ( If shipment is made by sea ).There are several ways of stipulating time of shipment :●Shipment on or about June 20,2002●Shipment not later than July 31st 2002.or latest shipment date:July 31st,2002●Shipment to be made during June/July ,2002●Shipment with 15 days after receipt of remittance.●Shipment with 30 days after receipt of L/C .In order to prevent the buyer from openingthe L/C later ,the export should stipulate at the same time ―The relevant L/C must reach the seller not later than August 20,2002.‖●According to UCP 500, if the experssion ―on or about‖or similar experssions areused,banks will interpert them as a stiulation that shipment is to be made during the period ,from five days before to five days after the specified date,both end days included.For example , if the L/C stipulates that shipment date is ―on or about July 20 ,2002‖. Then the goods can be shipper from July 15 to July 25.The word‖to‖, ―until‖, ―till‖,‖from‖and words of similar expressions applying to any date or period in the credit referring to shipment will be understood to include the date mentioned.The word ―after‖ will be understood to exclude the date mentioned.The terms‖first half‖, ―second half ― of a month shall be construed respectively as the 1st to the 15th , and the 16th to the last day of such month, all dates inclusive.The terms ―beginning‖ ,‖middle‖,or ―end‖ of a month shall be construed respectively as the 1st to the 10th , the 11th to the 20th ,and the 21st to the last day of such month ,all dates inclusive.When the traders discuss the time of shipment in the contract.1. The export should consider whether he can get the goods ready before the shipmentdate and whether the ship is available if the goods are ready.2. The time of shipment should be stipulated in a clear and flexible way.Stipulation like ―shipment on July 20‖ is clear,but not flexible, if the seller can not get the goods ready befort that, he will break the contract.Expressions such as ―prompt‖, ―innediately‖, ―as soon as possible‖, and the like should not be used .If they are used bankes will disregard them ,If these terms are used,disputes may occur because there is no uniform explanation of these terms.3. Sometimes ,the L/C simply stipulates an expiry date without a shipment date ,which means these two dates are the same ,For example, if the L/C stipulates that the expiry date is July 31st without a shipment date, then the latest shipment date is also july 31st .In this case,the exporter should ship the goods much earlier than july 31st so that he can leave enough time fou himself to get all the documents ready and present the documents to his bank within the validity of the L/C .If the exporter ships the goods on july 31,it is very difficult for him to present the documents to the bank on the same day.3. The Expiry Datea. If the expiry date of the credit and/or the last day of the period of time forpresentation of documents stipulated by the credit falls on a day on which the band to which presentation has to be made is closed,the stipulated expiry date and/or the last day of the period of tine after the date of shipment for presenation of documents, as the case may be ,shall be extended to the first following day on which such bank is open.b. The lastest date for shipment shall not be extended by reason of the extension ofthe expiry date and /or the period of time after the date of shipment for presentation of documents. If no such lastest date for shipment is stipulated in the credit or amendments,banks will not accept transport documents indicating a date of shipment later than the expiry date stipulated in the credit or amendments.4. Marine Cargo Insurance1. Principles of marine cargo insuranceThe marine cargo insurance is based on the principles of insurable interest ,utmost good faith ,and indemnity .No contract of marine insurance is valid unless the assured has an insurable interest in the subject matter insured at the time of loss. Cargo insurance is a contract of indemnity ,that is, to compensate for the loss or damage in terms of the value of the insured goods , The amount insured as agreed between the insurer and the assured forms the basic of indemnity .The principle of utmost good faith is indispensable in any insurance contract .A contract of marine insurance is a contract based upon the utmost good faith ,and ,if the utmost good faith be not observed by either party, the contract may be avoided by the other party .2. Insurance PremiumThe premium is the consideration which the insurers receive from the assured inexchange for their undertaking to pay the sum insured in the event insured against .The general guiding rate of the insurance premium is 1% of the amount insured .The premium rates may vary ,for example , from 0.5% to 2.5% or less depending on factors such as :type of goods ,the contry and distance of destination ,value of the goods ,mode of transportation, the type of risks covered ,container or bulk shipment and type of packing . The minimum amount insured should be the CIF or the CIP value of the goods plus 10%.3. Insurance PolicyInsurance policy is an evidence of insurance contract issued by the insurer or underwrite to the assured .It stipulates each party ˊs rights and responsibilities .The format of insurance policy forms varies from insurer to insurer. Insurance policy or certificate ,and endorsement are the main ones used in daily business. The policy must be issued and signed by an insurance company or its agent . If more than one original is issued and is so indicated in the policy , all the originals must be presented to the bank, unless otherwise anthorized in the letter of credit .4. Types of basic coverageThe basic coverage in PICC Ocean Marine Cargo Clauses is FPA , WA/WPA and All Risks Coverage .（1）Free From Particular AverageThe risks coverd in FPA coverage basically means that only total or constructive total loss of the whole consignment of cargo but no partial loss or damage is recoverable from the insurer resulting from natural calamities , such as heavy weather , lightning , tsunami ,earthquake and flood .Total loss or partial loss is recoverable from the insurer incurred as a result of specific casualties ,e ,g.,collision ,standing siking of the vessel .It also covers general average and salvaing the goods or averting or minimizing a loss recoverable under the policy .（2）With Particular Average (WA / WPA)WA / WPA provides larger cover than FPA since partial loss and damage is recoverable from the insurer resulting from natural calamities ,That is the only difference between WA / WPA and FPA in PICC Ocean Marine Cargo Clauses . （3）All RisksThis type of coverage is the most widely used in the transport of general cargo because it provides better coverage the WA / WPA type .Aside from the risks covered under WA / WPA type , it also provides insurance against all risks of less of or damage to the cargo insured arising from external causes in the course of transit . The All Risks does not cover risks of war , strike and other special additional risks such as failure to delivery , import duty , on deck , rejection ,aflatoxin etc .The general additional risks such as theft , pilferage & non—delivery risks , fresh water and /or rain damage risks shortage risks , intermixture and contamination risks , leakage risks ,clask and breakage risks , taint of odour risks , sweat and heating risks , hook damage risks , breakage ofpacking risks and rust risks are covered in All Risks coverage .5. The Practice Of International Ocean Cargo Transportation1. Transport GeographyAn internationanl freight forwarder should be familiar with international trade routes . He or she should have knowledge of main traffic routes location of ports ,trans—shipment points and inland centres . A freight forwarder shoule also have a general idea of the pattern of international trade and its changing trends .2.1) Conference linesA shipping conference is a group of shiping lines operating in any particular routeunder agreement to provide a scheduled service with a common tariff and a fixed itinerary of ports of call .The purpose of a shipping conference is to eliminate price competition among member lines and reduce outside competition by trying to capture most of the traffic for member lines through loyalty arrangements with shippers .The main advantages of the conference system to shippers are stability of freight rates and regularity of srevices . However , the disadvantages are obvious . Rates are usually high . Rates do not fluctuate accoding to supply and demand as in a tramp service Rules and procedures are inflexible .2) None—conference linesIn recent years , along most international routes , none—conference lines have posed a challenge to the conference system . This is attributable to the development of containerization and emergence of many independent carriers .As a result ,along some routes ,the conference lines have been forced to come to terms with the non—conference lines in regard to rates , and terms and condition of service .3) Non—vessel operating common carrier (NVOCC)An NVOCC is a carrier when operates a regular scheduled service . He does not own or operate the vessels by which sea transportation is provided . Although the NVOCC is a carrier in his relationship with the actual carrier . He is a shipper in his relationship with the actual shipper . He assumes the role of a principal and performs several functions . He assumes responsibility for ocean carriers , both conference and non—conference lines .He renders a useful service by providing grouppage or consolidation services , particularly to small shipper who do not have much bargaining power in nagotiating rates .4) Tramp serviceTramp service has on fixed itinerary or schedule and is operated on any route according to supply and demand Tramp vesseles are usually chartered at negotiated rates , particularly when the quantity of cargo is large .2. Shipping documentsThe documents commonly used in carriage of goods by sea are bills of lading , sea waybills, manifests , shipping notes , delivery orders and mat e′s receipt .The bill of lading by itself is not a contract of carriage as it is signed only by the carrier . Howerever , it provides evidence of contract of carriage . It serves as a receipt for goods delivered to the carrier . Besides , the bill of lading serves as a document of title enabling the goods to be transferred from the shipper to the consignee or any other party by endorsment .A sea waybill is the replacement of the traditional ocean bill of lading . The way billis a non—negotiable document and made out to a named consignee who is allowed , upon production of proper identification , to claim the goods without presenting the waybill .A cargo manifest provides information regarding cargo on board . A freightmanifest gives information regarding freight rates , surcharge ,rebates , etc . The manifest is prepared by the carrie r′s agent , but freight forwarder has to handle it while dealing with the customs and port authorities .A shipping note is issued by the shipper to the carrier requesting allocation ofshipping space . It is a commitment on the part of the shipper to ship the goods and serves as the basis for the preparation of the bill of lading .A delivery order is issued by the carrier or his agent to enable the consignee or hisforwarding agent to take delivery of the cargo (import cargo) from the vessel .A mat e′s receipt is the receipt issued by the carrier in the acknowledgement to thegoods received on board (export cargo)which is subsequently exchanged for the bill of lading .6. Documentary CreditIn international sales transactions different methods of payment are adopted depending mainly upon the relationship between the seller and the buyer . For example , if the seller and buyer know each other and have a long—standing business relationship , they may transact business on trust and the seller may periodically send invoices to the buyer for settlement . Payment may also be made by other methods such as ―cash with order‖ when the buyer sends a cheque or a bank draft with his order , or by ―documentary collection‖ , when the seller sends the buyer in the buye r′s country on the buyers′acceptance or payments , as may be specified in the documents .But in many cases , the seller and the buyer do not know each other and located in countries thousands of miles apart . They are not in a position to conduct their commercial transactions on trust . The seller is reluctant to part with his goods unless he is assured of possession of the goods . In order to reconcile the conflicting interests of both the parties and to provide a mechanism for payment in such situations , the International Chamber of Commerce has evolved what is knowm as ―Documentary Credit‖ . In simple terms , documentary credit means payment against documents instead of against goods . The documents transfer title to the goods .The ―Uniform Customs and Practive for Documentary Credit‖(UCP) Published by the International Chamber of Commerce contains detailed provisions dealing with the operation of documentary credit . It has been accepted and adopted by banks and banking associations throughout the world . It has brought the UCP into line with established and foreseeable practices regarding containerized transport and trade facilitation, the use of electronic data processing and the development of new types of credit like deferred payments and stand—by credits .As the documentary credit is operated through banks , therefore , it has certain advantages to both the seller and buyer : for the seller , it is a bank undertaking to which he can look for payment ; for the buyer , it is a conditional undertaking where payment can be made on his behalf only against the documents which will transfer to him the title to the goods .For practical purpose , assume that a local buyer agrees to buy goods from an overseas seller and under the sales contract , payment is to be made by banker′s letter of credit . To fulfill the contract , the buyer arranges with his bank to open a letter of cerdit for his account in favour of the overseas seller . The buyer is not required to pay for the goods until the arrival of the relevant shipping document . The seller , on receipt of a letter of credit , will have to prepare shipment of the contract goods within the delivery date . Once shipment of the goods is completed , the seller will be able to present all the documents to the negotiating bank for payment under the terms of the credit . The negotiating bank should ensure that the seller′s documents are drawn up in accordance with the credit terms before such documents are paid for and forwarded to the issuing the negotiated documents it will make up a debit note showing the total cost due and request payment from the buyer . Once the buyer accepts that the documents are in compliance with the terms of the letter of credit he must settle the bill in order to obtain the shipping documents so that he will be able to take delivery of the goods from the carrier or its agent . On settlement of the bill , the whole operation of documentary credit will be regarded as completed .8. Marine Bill of Lading---General Introduction1. General Concept of Marine Bills of LadingMarine Bills of lading are used primarily international sales of goods where the carriage of goods is by sea . Definitions of the bill of lading vary from country to country . Broadly , the bill of lading has been defined as receipt for goods shipped of board a ships , signed by the person ( or his agent ) contracts to carry them , and stating the terms on which the goods were delivered to and received by the ship . It is not the actual contract , but forms excellent evidence of the terms of the contract .2. Functions of Marine Bills of LadingMarine bills of lading perform a number of functions . Generally , it is receipt for thegoods shipped , a document of title to the goods and evidence of the terms of the contract of affreightment .A bill of lading is a receipt issued , by a carrier that an identifiable consignment ofgoods has been received by him for shipment , or actually loaded on board his ship .The bill of lading as a receipt willl show the quantity and condition of the cargo loaded ,ship′s name , port of loading , the destination , details of date and so on .A bill of lading is a document of title to the goods . The possession of a bill of lading isequivalent in law to possesion of the goods . The holder of the bill of lading is able to obtain delivery of the goods at the port of destination and during transit the goods can be sold merely by endorsing the bill of lading .Additionally , the terms of the bill of lading provide evidence of the contract of carriage between the carrier and the shipper . The terms of the bill of lading contain the terms of the contract .3. Types of Marine Bills of LadingThere are several forms of bills of lading and these include the following :1) Order of ladingOrder bills are issued by carriers to the order of shipper or conginee . This means that the carrier , shippower , charterer or master will deliver the goods at the port of destination not solely to the named consignee , but so any person designated by him .An order bill of lading is a negotiable document . Order bills made out to consignee ―or order ― can be transferred by them by endorsment .2) Straight Bills of LadingIn contract with the order bills of lading , straight bills are those made out to named consigness without the addition of the word ―or order ― . They are not negotiable and cannot be transferred to third parties . Delivery of goods , thereore , can only be taken by the named consignee .3) Shipped Bills of LadingShipped bills state definitely that the goods have been loaded . It confirms that goods are actually on board the vessel . Most bills of lading forms are printed as shipped bills and commence with the wording :‖shipped in apparent good order and condition .‖4) Received for Shipment Bills of LadingReceived for shipment bills state that the goods have been received for shipment , and do not indicate the actual date of loading . The received for shipment bill of lading grew up because with the development of the liner services it became the custom for the shipowner to receive the cargo some hours or even days before it was actually loaded .5) Direct Bills of LadingDirect bills of lading are those covering shipment between direct ports of lading or discharge .6) Through Bills of LadingThrough bills of Lading cover shipment from or to ports involving transport by two or more shipping or railways companies . The shipping company , for additional freight ,undertakes to make all arrangement to get the goods to their destination .7) Clean Versus Foul Bills of LadingThe clean bill of lading bears an indication that the goods were received without damages , irregularities or short shipment ,usually the words ―apparent good order and condition ―. ―clean on board ― or the like are indicated on the B/LThe foul bill of lading—unclean bill of lading , dirty bill of lading or claused bill of lading –is the opposite of the chean bill of lading . It bears an indication that the goods were received with damages , irregularities or short shipment , usually the words ― unclean on board ―or the like are indicated on the B/L , for example , ― insufficient padking ―,‖missing safety seal ― and ―one carton short ―.9.Marine Bills of Lading ( 2 )--Making and signing ofA marine bill of lading can be drawn up in a variey of ways , but it is nearly always prepared on a pre—printed form .whatever its form , a bill of lading may contain some main elements ,such as quantity of cargo ,accurate cargo description and condition ,date of the bill of lading ,names of shipper and consignee , ports of lading and discharging , ship′s name,terms and conditions of carriage and payment of freight.The shipp′s port agent , in fact , may be given the task of drawing up bills of lading .If there are subsequently required for letter of credit transactions , it is useful that the agent be supplied with appropriate details of that letter of credit so that all relevant material can be included in the wording .The main parties on a bill of lading are shipper,Conssignee. Notify Party and Carrier . The shipper is the person , usually the exporter , who sends the goods .Consignee refers to the person entitled to take delivery of the goods . Carrier is the person or company who has concluded a contract with the shipper for carriage of goods . Notify party is the party that the carrier must notify when the goods arrive at the port of destination . The carrier issues an Arrival Notice informing the Notify Party about the cargo discharge point , number of packages and other information.It is important to the date bills of loding correctly ,and as per the date on which the cargo is actually loaded . Cargo quantity and condition should also be adequately and correctly described in the bills of lading . Relevant comments should be entered in either tally or mate′s receipts , and thereafter in bills of lading .2. Issuing Marine Bills Of LadingAll bills should be signed by either shipping company or by a duly authorised agent .If time does not permit the ship′s master to sign the bills , a letter is usually dra wn up giving the port agent appropriate authority to sign bills of lading . The bill of lading must show how many signed originals were issued .The oringinals are marked as ―original ―on their face and all have equal value , that is , all have the same validity .The purpose of issuing more than one original is to ensure that the port of destination will receive the original when dispatched separately . The original B/ ;L are proof of ownership of goods , one of which must be surrendered to the carrier at destination , duly endorsed by the title holder in the goods in exchange for the goods or。
6. st International Cargo Insurance
Marine Insurance Act 1906:
If the utmost good faith be not observed by either party, the other party may avoid the contract
Avoidance of the contract
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6.1.3 The indemnity principle
Definition
In the event of loss of or damage to the subject matter resulting from an insured peril, he or she is placed in the same position (not in a better or worse position than) that he or she enjoyed immediately before the loss occurred
General average (共同海损)
• a partial & deliberate sacrifice of the ship, freight, or cargo, or additional expenses incurred to rescue a ship and its cargo from impeding danger or for the common safety of the adventure under a peril of the sea or some other hazards.
the insurer
The party undertaking to indemnify the insurant against losses or damages Can be the insurance company / underwriter
简述我国海上货物运输保险中的基本险别
简述我国海上货物运输保险中的基本险别
我国海上货物运输保险中的基本险别包括：
1. 海损险（Marine Cargo Insurance）： 主要投保货物在海上运输过程中的损失，由货物滞期运费、海损、沉船、火灾等原因而造成的货物损失均可投保。
2. 杂费险（Additional Premium Insurance）：主要投保货物在抵达目的港的码头工作、装卸等所发生的杂费。
3. 延期险（Delay Insurance）： 主要投保货物延迟到达或者延迟发货所发生的延误费用。
4. 缺陷及短少险（Defect and Shortage Insurance）： 主要投保货物因装运上的缺陷或者短少，或者货物损坏或者拆装所导致短少而发生的损失。
5. 海灾险（Marine Catastrophe Insurance）： 主要投保货物在海上运输过程中受到暴风、海啸、飓风、泥石流等不可抗拒的自然灾害的损失。
国际贸易实务课后练习答案英文版
What contents shoul d a contract embody?Sell er's and buyer's name.The name of commodity and unit price.Terms of d elivery.Payment terms.Delivery date.Insurance.Claim clause.Arbitration clause。
Force majeure clause.mImport license.mAmendments and suppl ements.Supersed e contract.Retirement right.Place of signing.Plain language.Different date formats.Units of measurement.Currency.Interpretation or translation.Signing of the contract.ually terms of trad e are stipulated in the trad e contract and cl early indicateboth parties responsibilities.√2.Claim and arbitration clause must be includ ed in the written contract.×3.Once signed, I need amendments and suppl ements to the present contractcoul d not be accepted.╳4. A firm offer must indicate that once it has been an conditionally Accept bythe offered within its validity,The offer is binding on both parties.√5.Written form of contract has a l ot of advantages in disputes. Resolving soevery contract shoul d be conducted in writing.×6.In most cases both the buyer and the seller will experience many runs of offerand counter offer before. Concluding a contract.√7.According to cIsgI offer, if it is irrevocabl e, may not be withdrawn if thewithdrawal reaches the offeree being or at the same time as the offer.×8.According to crsg,There are firm offer and non firm offer.×9. A firm offer should includ e at l east three specific conditions, name ofcommodity, quality of commodity and price of commodity.√10.The content of the offer can be ind efinite.×11.In reality.the quantity of goods shipped must be exactly the same with thatstipulated in the contract.×12.In terms of systems of ways and measures. China ad opts us system due to isbeing wid ely applied in the international trad e.×13.Packing can only serve as a form of protection.×14.Graceful night is often stipulated in the contract to indicate that the way ofthe lies valued products is cal culated by Gross weight.√15.The more or l ess cl ouds means that the quantity d elivered can be more or l esswithin certain extent.√Yes, the articl es had great changes in price at the time when d elivery is mad e. The sail or may stipulate that settlement for this part is based on the market price at the time. When the goods I shipped on board the vessel.错。
货代英语名词解释
海上货物运输清洁货物（clean cargo）液体货物（liquid cargo）.粗劣货物（rough cargo）冷藏货物（reefer cargo）活的动植物（livestock and plants.长大、笨重货物（bulky and lengthy cargo，heavy cargo）货物积载因数（stowage factor ，S.F）《国际海运危险货物规则》（international maritime dangerous goods code，简称IMDG Code）S.O.C（shipper’s own container）,C.O.C(carrier’s own container)20英尺集装箱TEU，twenty-foot equivalent unit干货集装箱：dry cargo container;散装集装箱：bulk container；冷藏集装箱：reefer container, RF：框架集装箱：frat rack container, FR:敞顶集装箱：open-top container, OT :罐式集装箱：tank container ,TK汽车集装箱：car container牲畜集装箱：pen container整箱货（full container （cargo）load，FCL拼箱货（less than container （cargo）load，LCL）集装箱堆场：container yard，CY 空箱（empty container）和重箱（loaded container）集装箱货运站：container freight station，CFS损害修理条款（damage protection plan ，D.P.P），无船承运人（non—vessel operating(common) carrier）国际海上货代人人（ocean freight forwarder），卸货地订舱（home booking）指定货（buyer’s nominated cargo）选港货（optional cargo）托运单（booking note，B/N），装货单，shipping order，S/O收货单，mate’s receipt，M/R装货清单（loading list）载货清单（manifest，M/F）亦称“舱单”，在货运费清单（freight manifest）、过驳清单，boat note货物溢短单，overlanded & shortlanded cargo list货物残损单，broken & damaged cargo list提货单，delivery order，D/O。
海洋运输货物保险条款(附英文)
海洋运输货物保险条款（附英文）引言：海洋运输是全球贸易中不可或缺的一环。
然而，由于各种不可预测的风险，货物在海上运输中可能会遭受损失或损坏。
为了保护货主的利益，海洋运输货物保险应运而生。
本文将介绍海洋运输货物保险的条款和要点，以及如何选择适合的保险政策。
一、海洋运输货物保险的意义海洋运输货物保险是一种保护货主利益的保险形式。
它可以在货物在运输过程中遭受损失或损坏时，为货主提供经济赔偿。
海洋运输中的风险包括货物在起运港、中转港和目的港之间的损失、被盗、被损坏或遭受灾害等。
货物保险可以帮助货主减少经济损失，保护其财产安全。
二、海洋运输货物保险的条款1. 货物保险的承保范围：货物保险通常包括货物在运输过程中的损失、被盗、被损坏或遭受灾害等。
具体的承保范围应根据保险合同的约定而定。
2. 保险金额和保费：货物保险的保险金额应与货物的实际价值相符。
货物保险的保费通常根据货物的价值、运输距离、运输方式和风险程度等因素来确定。
3. 赔偿责任和赔偿限额：货物保险通常规定保险公司在货物遭受损失或损坏时的赔偿责任和赔偿限额。
赔偿责任通常包括实际损失和可能的附带损失。
赔偿限额通常根据货物的价值和保险合同的约定而定。
4. 免赔额和免赔期：货物保险通常规定免赔额和免赔期。
免赔额是指在保险公司开始承担赔偿责任之前，货主需要承担的一定损失。
免赔期是指在保险公司开始承担赔偿责任之前，货主需要自行承担的一定时间内的损失。
5. 通知和索赔程序：货物保险通常规定货主在货物遭受损失或损坏时需要及时通知保险公司，并按照保险合同约定的索赔程序进行赔偿申请。
货主应提供相关的证据和文件来支持索赔。
三、如何选择适合的保险政策选择适合的保险政策对货主来说至关重要。
以下是一些建议：1. 了解自己的保险需求：货主应了解自己的货物价值、运输距离、运输方式和风险程度等因素，以便选择适合的保险政策。
2. 比较不同保险公司的报价和条款：货主应比较不同保险公司的报价和条款，选择最适合自己需求的保险政策。
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The party on whom it falls is entitled to a ratable contribution from the other parties interested, and such contribution is called a general average Contribution.
(3) All Risks (一切险). Aside from the risks covered under
the F. P. A. and W. A. conditions as above, this insurance covers all risks of loss of or damage to the insured goods whether partial or total, arising from general extraneous risks in the course of transit.
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1.
Perils and risks
Perils of the sea Natural calamities: bad weather, thunder and lightening, flood, etc. Fortuitous accidents: being stranded, striking a rock, sinking, etc.
⑥ Losses attributable to discharge of the insured goods at a port of distress (避难港) following a sea peril as well as special charges arising from loading, warehousing and forwarding of the goods at an intermediate port of call (停 泊港) or refuge (避难港).
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⑦ Sacrifice in and contribution to general average and salvage charges.
⑧ Such proportion of losses sustained by the shipowners as is to be reimbursed (偿付) by the cargo owner under the Contract of Affreightment Both to Blame Collision clause (运输契约船舶互撞 责任条款). An ocean marine insurance provision stipulating that upon the collision of two or more ships, when all ships are at fault, all owners and shippers having monetary interests in the voyage of the ships involved must share in all losses in proportion to the monetary values of their interests prior to the occurrence of the collision.
(1)
(2) Extraneous risks General extraneous risks: theft, breakage, leakage, rust, etc.. Special extraneous risks: military affairs, war, strike, etc.
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General average act Extraordinary
Sacrifice or expenditure made for the benefit of all the parties to the common adventure. e.g. Cargo being deliberately cast away; Abnormal consumption of coal in endeavouring to refloat the ship
Salvage Charges
Charges recoverable by salvor independently of contract. For the purpose of averting a peril insured against. Particular charges or general average
Loss caused by or directly consequential on a general average act.
General average
A general average act consists of any sacrifice or expenditure made intentionally and reasonably to preserve property involved in a sea voyage.
Constructive total loss
The loss where an actual total loss appears to be unavoidable or the cost to be incurred in recovering or reconditioning the goods together with the forwarding cost to the destination would exceed their value on arrival.
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2. W/W clause
Insurance coverage of risks to a shipment of goods from the time the goods leave the warehouse for commencement (开始) of transit and continue during ordinary course of transit until delivered to final warehouse at destination, or until the expiration of 60 days as of the moment of the insured goods are unloaded (if the shipment fails to reach the aforesaid warehouse), but with exception that the goods be transported to other place of destination not indicated on the insurance documents.
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(3) Extraneous losses Losses resulted from risks not incidental (伴随而来的) to transport by sea, including losses caused by general extraneous risks and special extraneous
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② Partial loss
Particular average
Partial loss occasioned by some perils insured against; To be sustained exclusively by the person upon whom the damage falls.
July 26, 2013
④ Partial or total loss resulting from the falling of entire package or packages into sea during loading, transshipment or discharge. ⑤ Reasonable cost incurred by the insured on salvaging the goods or averting or minimizing a loss recoverable under the Policy, provided that such cost shall not exceed the sum insured of the consignment so saved.
2. Ocean average and charges (1) Average (loss): ① Total loss
Actual total loss
(a) Totally destroyed; (b) so damaged as to cease to be a thing of the kind insured; (c) Irretrievably deprived thereof.
July 26, 2013
(2) Sue and labor expenses and salvage charges
Sue and labor expenses
Made in time of peril to avert or minimize any loss of or damage to the insured goods. Not for the benefit of a common adventure. Expenses incurred are recoverable.
Voluntarily and reasonably made