Bills of lading (3)
英语海运提单
三、Types of Marine Bills of Lading 海运提单的类型(考试重点)1、Order Bills of Lading 指示提单特点：1) Order bills are issued by carriers to the order of shipper or consignee. 指示提单是由承运人签发给指定的托运人或者收货人。
2) The carrier, shipowner, charterer or master will deliver the goods at the port of destination not solely to the named consignee, but to any person designated by him. 承运人，船东，租船人或者船长在目的港交货，不仅可交付给指定的收货人，还可交付给任何收货人指定的其他人。
注释：master: 船长solely: 独自地，单独地designated: 指定的，派定的3) An order bill of lading is a negotiable document. 一份指示提单是一份可转让单据。
注释：negotiable document: 可转让单据4) Order bills made out to consignee “or order” can be transferred by them by endorsement. 提单载明收货人或“由某人指示”的指示提单可通过收货人或指示人背书进行转让。
注释：make out:填写，书写，说明transfer: 转让，过户endorsement: 背书2、Straight Bills of Lading 记名提单特点：1)In contrast with the order bills of lading, straight bills are those made out to named consignees without the addition of the words “or order”. 与指示提单相比，记名提单载明指定的收货人而没有附加“由某人指示”的措辞。
海运提单
这是要求强调运费根据租船契约支付，并强调装运由中国的黄埔至美国的哥尔夫波特港的特殊条款。在填写提单时，不应因这两项的内容已注在栏目中填写而放弃重复写一次，应在提单空白处打上”Freight has been payable as per charter party””The ship menthes been made from whampoa，China tO U．S Gulf port．”
第2栏收货人(Consignee)
这一栏的填写和托运单“收货人”一栏的填写完全一致，是根据买卖信用证(L／c)在记名收货人、凭指示和记名指示中选择一个。
例1，来证要求：“Full set of B／L consigned to A．B．C．Co．”提单收货人一栏中填写：“Consigned tO A．B．C．CO.”
例3，来证要求：／／Terms as intended in relation to name of vessel，port of loading and port of arrival are not acceptable．／，
这是不允许在有关船名、装运港、目的港表达中出现“预计”字样的条款。在具体制作提单
第12栏
本栏包括三个栏目，但无需分别填写。填写的内容包括：第一，商品名称；第二，最大包装的件数；第三，运费条款。
详细解释
1.商品名称。这一列项目内容的填写应与托运单完全一致，不得有任何增减。在使用文字上要求严格按信用证要求。在没有特殊说明时全部使用英文。对于某些港澳、新马地区来证要求货名用中文表达时，应遵守来证规定，用中文填写。有时来自欧洲、南美洲国家(尤其是法语作为官方语言的国家)要求使用英文和法文两种文字描述货物的内容，对于这样的要求。出口公司应该接受。在缺少法语人才的公司，制作单据时完全可以依样画葫芦地照搬信用证中有关货物内容的法文描述。通常这些国家的来证都用英、法，或英、法、德两种或三种文字同时说明。
海牙规则历史
一点点历史古代的航海贸易，航海技术不成熟，海盗猖獗，所以，货主一般都是随船同行，等到货物抵达目的港之后，由货主自行处理货物。
相关的规则就适用商人之间的习惯，惯例。
14世纪开始，通过海上贸易发财的商人们，已经不愿意随船幸苦颠簸。
货主把精力从照看货物逐渐转移到了贸易业务的经营上。
于是，贸易和运输开始分离。
在货物装船的时候，承运人就必须给货主签发一份货物收据，这就是最早的提单，一式两联，当货物装船之后，承运人将提单对齐裁开，自留存跟，将另一联交给托运人，由托运人想办法转手给收货人。
带货物抵达目的港后，收货人持提单，和承运人手上的那一份对缝交接。
所以，有种说法就是载货船舶是浮动的仓库，而提单是开启仓库门的钥匙。
那个时候，提单不能在市场上自由流通，条款非常简单，更没有现代意义上的承运人的免责条款，承运人所有的免责只是普通法下的天灾，公敌行为和货物内在缺陷。
到18世纪末19世纪初，随着航运贸易的不断发展，提单扮演的角色也越来越重要。
此时，提单已经可以代表货物在市场上流通，提单的可转让性被法院所确认。
此时的提单，就在承运人和收货人之间构筑了一种法律上的关系。
收货人在目的港发现货物灭失或者损坏之后，可以凭借提单起诉承运人要求赔偿。
承运人越来越意识到，普通法下的免责事由已经不足以保护自己的利益。
于是，便开始利用契约自由原则，并且凭着自己的优势地位，在提单中逐渐增加免责条款减轻或者排除自己的责任。
到19世纪末，免责条款已经完全泛滥，甚至连承运人照看货物的过失，船员故意行为，以及船舶不适航，都在免责条款的保护范围之内。
承运人“除了收取运费之外，似乎已经没有其他责任可言。
”对于承运人滥用免责条款的现象，不但货方极其不满，法官也忍无可忍了。
于是经常做出对承运人不利的判决。
但是市场对法院判决的反应就是很快的，魔高一尺，道高一丈，承运人更加想方设法的起草免责条款，于是导致了恶性循环。
提单的信用度成了很大的问题，航运贸易的发展受到了阻碍。
海运提单的缮制基本程序
海运提单的缮制基本程序通常信用证对海运提单的规定举例如下：海运提单一般就是指港至港已装船提单(Port to port shipped on board marine bill of lading)，习惯简称为海运提单。
海运提单的格式，每家船公司都有自己不同的格式，但各项栏目、内容基本一致。
出口商缮制提单和银行审核提单的基本要求是"单证相符"。
下面介绍海运提单的缮制及审核中注意事项。
(参见提单示样)1.Shipper，托运人。
托运人也称发货人(Consignor)，是指委托运输的当事人。
如信用证无特殊规定，应以受益人为托运人。
如果受益人是中间商，货物是从产地直接装运的，这时也可以实际卖方为发货人，因为按UCP500规定，如信用证无特殊规定，银行将接受以第三者为发货人的提单。
不过此时必须考虑各方面是否可行的问题，2.Consignee，收货人。
这是海运提单的抬头，是银行审核的重点项目。
应与托运单中"收货人"的填写完全一致，并符合信用证的规定。
收货人栏的填写必须与信用证要求完全一致。
任何粗心大意和贪图省事的填法都可能是单证不符点。
不符点的例：B/L issued to the order of ABC Co. Ltd. Whereas L/C required" to ABC Co. Ltd."。
(提单开成凭ABC公司指定人指示，而信用证要求"凭ABC公司指示)。
抬头为特定的公司与这一公司的指定人是完全不同的，前者只有这一特定的公司可以提货，提单不能转让，后者提单经此公司背书便可以转让。
又如，假设信用证上规定的地名是简称，而提单上写的是全称，也是不符点。
如果是托收方式中的提单，本栏一般填"To order"或填"To order of shipper"均可，然后由发货人背书。
不能做成收货人指示式，因为这样的话代收行和发货人均无法控制货权；未经代收行同意的话，也不能做成代收行指示式，因为UCP522第10条规定：事先未征得银行的同意，货物不应直接运交给银行或做成银行抬头或银行指示性抬头。
常用航运缩略语(英汉对照)
常用航运缩略语（英汉对照）（A)AAAlways afloat永远漂浮AAAAlways afloat,accessible永远漂浮,可进入/到达AARAgainst all risk针对所有风险ABSAmerican bureau of shipping美国船级社ABTAbout大约ACCAccept/Acceptance接受ACCDGAccording to根据ACCT Account帐，租家ACOL After completion of loading装货结束后ADV Advise告知AFLOWSAs follows如下AFMT After fixing main terms确定主条款之后AGT Agent代理AGW All goes well一切顺利AHPSArrival harbour pilot station到达港口引航站A/O And/or和/或AOH After office hours非工作时间APS Arrival pilot station到达港口引水站AP Additional premium附加保险费ARVL Arrive/Arrival到达ASAP As soon as possible尽快，尽可能快的ASBA Association of shipbrokers and agents (美）船舶经济人和代理人协会ASPS Arrival sea pilot station到达海引水站ASF As following如下所述ATA Actual time of arrival实际到达时间ATD Actual time of departure实际开航时间ATDNSHINC Any time, day, night, sunday, and holiday included任何时间包括白天，夜间，周六和节假日ATDNSHEX Any time, day, night, sunday, and holiday excepted任何时间，白天，夜间，周六和节假日除外ATSAll time saved所有节省时间AWIWLAlways within institute warrant limits总在保险协会保障的区域内AWTSBEAll working time saved both ends所有两港节省的工作时间AWTSDOAll time saved discharging only所有卸港节省的工作时间AWTSLOAll time saved loading only所有装港节省的工作时间（B)BB Ballast bonus空放奖金BBB Before breaking bulk在开舱卸货前BBY Bombay孟买BCZ Because因为B/D Breakdown故障BENDSBoth ends两头（装港及卸港）B4 Before在...之前BIMCOBaltic international maritime conference波罗的海国际航运公会BIZ Business业务B/L or BS/LBill of lading/bills of lading提单B/M Below mentioned如下所述BOD Bunker of delivery交船存油BOR Bunker of redelivery还船存油BSS Basis基于BT Berth terms泊位条款BTWBy the way顺便问一下B/W/ABerth/Wharfage/Anchorage泊位/码头/锚地(C)CAPA Capacity容量，仓容CBF Cubic feet立方英尺CBM Cubic meter立方米CGO Cargo货物CLC Civil liability convention国际油污损害民事责任公约CNFM Confirm确认CHOPTCharterer's option租船人的选择权，租家选择CHTR Charterer租船人COA Contract of affreightment包运合同COGSACarriage of goods by sea act海上货物运输法CONS Consumption消耗，耗量C/P Charter party租约CQD Customary quick despatch按港口习惯速度速遣（指装卸货）CTL Constructive total lost推定全损CTM Cash to master船长借支(D)D/D Dry docking干坞，入干坞DELY Delivery交船（一般用于期租或航次期租）DEM Demurrage滞期，滞期费DEP Departure离开，离港DEM/DESDemurrage/Despatch滞期，滞期费/速遣，速遣费DEV Deviation绕航DF Dead freight空舱费DHD Despatch half demurrage速遣费是滞期费的一半DISCH Discharge卸货DISPORTDischarge port卸货港DLOSP Dropping last outward sea pilot最后一程离港海引水下船（之时）DNV Det norske veritas挪威船级社DOP Dropping outward pilot离港引水下船（之时）DOSP Dropping outward sea pilot离港海引水下船（之时）D/O Dilivery order提货单（小提单）DTG Distance to go（离目的港）还要行驶的距离DTLS Details细节DUR Duration期间，持续时间DWCC Deadweight cgo capacity可载货物吨容量DWT Deadweight tons载重吨(E)EIU Even if used即使已使用ERLOADExpected ready to load预计准备装货ETA Expected time of arrival预计抵达时间ETB Expected time of berth预计靠泊时间ETCL Expected time of commence loading预计开始装货时间ETCD Expected time of completion of discharge预计卸货完毕时间ETD Expected time of departure预计离港时间ETR Expected time of redelivery预计还船时间E/V/C Eentertainment/victualling/cables招待/通讯(交通)费FCC First class charterer一流的租船人FD Freight and demmurrage运费和滞期费FDD Freight and demmurrage and dispatch运费，滞期费和速遣费FHEX Fridays and holidays excluded星期五和节假日除外FHINC Fridays and holidays included包括星期五和节假日FILO Free in liner out租船人承担装货费，船东承担卸货费FIO Free in and out租船人承担装卸货费FIOS Free in and out and stowed租船人承担装卸货费,和堆装费FIOST Free in and out and stowed and trimmed租船人承担装卸货费,和堆装费，平仓费FIOT Free in and out and trimmed租船人承担装卸货费,和平仓费FLWG Following下列FM From从FOC Flag of convenience方便旗FRT Freight运费FW Fresh water淡水FWD Forward向前FYG For your guidance供你指导FYI For your information给你提供信息FYR For your reference供你参考G/A General average共同海损GLESS Gearless无吊货设备GMT Greenwich mean time格林威治时间GRD Geared有吊货设备GRT Gross registered tonnage (船舶）登记毛重(H)HA/HO Hatchs/holds舱口/舱HC Hatch coaming舱口围H+M Hull and machinery船壳及机械设备HMMHyundai Merchant Marine现代商船HSS Heavy grain, soyas, sorghum重粮,黄豆，高粱(I)IAGWIf all going well如果一切进行顺利ILOHCIn lieu of hold cleaning替代（最后）扫舱（工作）IMM Immediately立即IMO International maritime organization国际海事组织INFOInfomation信息，消息INT Intention意向ITF International transport worker federation国际海运劳工联盟KAOKaohsiung高雄KEE Keelung基隆KTS Knots节/海里(L)LAT Latitude纬度LYCN Laydays and cancelling date船舶受载期及解约日L/C Letter of credit信用证LCL Local当地的LDG Loading装，装货LIFO Liner in and free out船东承担装货费，租家承担卸货费LOA Length overall（船舶）全长LOI Letter of indemnity保函LONG Longitude经度L/S/D Lash/Separate/Dunnage绑扎／分票／垫舱LTBENDSLiner terms both ends船东承担装卸费(M)MED Meditteranean sea地中海MOLCO More or less on chaterer's option租船人选择或多或少MOLOO More or less on owner's option船东选择或多或少MOM Moment一会，片刻MPP Multi purpose多用途M/R Mate's receipt大副收据(N)NA Not applicable不适用NAABSA Not always afloat but safty aground不永远漂浮，但可以安全搁浅NBR Number数目，数量NDFCAPMQS No deadfreight fr chtr's acct provided minimal quantity supplied 即使租家提供了最小的货量也不用支付亏舱费NK Nippon kaiji kyokai日本船级社NOR Notice of readiness装卸准备就绪通知书NORA Notice of readiness accpted接受装卸准备就绪通知书NORT Notice of readiness tendered递交装卸准备就绪通知书NRT Net registered tonnage（船舶）登记净重NTC Not count不计数，不算NTD Noted知道了NXT Next下一个NYPE New york produce exchange纽约土产(O)OA Overage超龄OAAOOP On arrival at or off port到达港内或港外OAP Overage premium超龄保险费O/T Over time加班OWISE Otherwise否则，另外(P)P.A. Per annum每年P/A Particular average单独海损PC(GO) Part cargo部分货物PCT Percent百分比，百分之P/D Port disbursement港口使费PDPR Per day pro rata每天，不足一天的按比例PICO Port in charterer's option港口由租家选择PKLG Port Klang巴生港PNI/P&I Protection and Indemnity保障与赔偿，保赔险PPSE Propose建议，打算，提供PPTPrompt即刻PWWD Per weather working day每个晴天工作日(R)RCPT Receipt收条，收据RCVD Received收到RECAP Recapitulation概括REDLY Redelivery还船(期租，或航次期租）REF Reference参考RGDS Regards问候ROB Remaining on board剩在船上ROC Refer to our cable参阅我们的电报ROT Refer to our telex/Rotterdam参阅我们的电传/鹿特丹RVT Revert后告(S)SA(S) Safe anchorage(s)安全锚地SB(S) Saft berth(s)安全泊位SBM Soya bean meal豆粕SCHDL Schedule时间表，计划表SDSTBC Single deck self trimming bulk carrier单甲板自动平舱散货船SF Stowage factor积载因数SHEX Sundayn and holidays excepted星期日和节假日除外SHEX EIU Sundayn and holidays excepted even if used星期日和节假日，即使已使用也除外SHEX UU Sundayn and holidays excepted unless used除非已使用，星期日和节假日除外SHINC Sunday and holidays include包括星期日和节假日SOA Statement of account对帐单，结单SOF Statement of fact事实记录SP(S) Saft port(s)安全港口SSHEX Saturday, sunday and holidays excepted星期六，星期日和节假日除外STOA Subject to owner's approval有待船东同意SUB Subject to有待于……SW Sea water海水SWL Saft working load安全工作负荷(T)TBN To be nominated待指定TC Time charter定期租船TCT Time charter on trip basis航次定期租船TD Tweendeck二层甲板，二层柜TEU Twenty foot equivalent unit标准箱TFTropical fresh热带淡水TELCONTelephone conversation电话内容THRUThrough通过……TIP Taking inward pilot进港引水上船TNDR Tender递交（U）UCAE Unexpected circumstances always except无法预见的情形除外USC Unless sooner commenced除非马上开始(W)W/I Within在...之内WOG Without guarantee不保证WP Weather permit天气允许WR AP War risk additional premium战争附加险保费W.W.W.WWhether in port or not, Whether in berth or not, Whether customs cleared or not, Whether in free pratique or not不论是否进港，不论是否靠泊，不论是否已清关，不论是否已通过检疫（用于递交NOR)WWFWharfside workers federation码头工人联盟(Y)YAR York-antwerp rules约克-安特卫普规则YR Year or your年或你的。
BILLS OF LADING
BILLS OF LADINGSigning B/Ls when intaken quantity disputedENQUIRY: Vessel completed loading and according to vessel’s figures the quantity loaded was 15897 metric tons, whereas the BILLS OF LADING figure was 16919 metric tons.Please advise best course of action open to Master to protect owner’s interests:1)to sign Bills of Lading and issue a letter of protest2)not to sign such Bills of Lading3)to sign the Bills of Lading issuing a letter of protest and make a reservation in the Bills of Lading.BIMCO’s ad vice was sought by our member as to which of the above alternatives should be applied by owners.REPLY: Alternative 3) outlined in you enquiry is the proper approach to cases where the quantity at loading port is in dispute. This is explained as follows in the handbook entitled Handy Book for Shipowners & Masters by H.Holman:“When the bills are presented to him for signature the master should check the statements therein against the tallies and the mate’s receipt. If the quantity of goods stated in the b ills of lading to have been shipped differs from the quantity recorded in the tallies and receipts the master must qualify the bills of lading statement accordingly, in order to protect his own interests. For if he sued by the consignee or indorsee of the bill he may rarely dispute the accuracy of the bills of lading statement as to quantity…. A shipowner is not, however, bound by an inaccurate statement as to quantity of goods shipped in a bills of lading signed by the master, but in an action for short delivery the burden is on him to prove that the quantity shipped was less than that represented in the bills of lading”.As will be seen from the above, it is, therefore, of the utmost importance that the Master if he has good reason to doubt the quantity of cargo stated in the Bills of Lading, makes an appropriate remark in the bills of lading.Releasing B/Ls on completionEnquiry: The vessel was fixed to load minimum/maximum 500m/tons bag sugar. Shippers appointed surveyor and owner employed tally clerks. The loaded quantity according to the surveyor was 5000m/tons, 100000 bags whereas owner’s tally revealed that only 99894 bags had been loaded, i.e. a shortage of 106 bags.After completion of loading the vessel was ordered to sail although the matter remained unresolved, and owners refused to release bills of lading. Lorry chits seemed to corroborare shipper’s figures and there were no practicable possibilities to attempt to remedy the situation since the vessel had left the loading port.BIMCO was requested to comment as to whether owners could rightfully refuse to release bills of lading and whether there would be basis for a claim against owners for loss of time which may be incurred at port of discharge.Reply: Initially we would say that it is not possible for the Secretariat to establish as a matter of fact whether owner’s or charterer’s figures are the correct ones. This said, the general position is that refusal to release bills of lading on completion of loading is not a remedy available to owners. According to Article1 3(3) of the Hague Rules (similar requirement appear in Article 14 of the Hamburg Rules)”…the carrier shall, on demand of the shipper, issue to the shipper a bill of lading….” And, hence, it may be argued that reluctance to release the bills of lading istantamount to an infringement of such rules. The proper approach is that the vessel should remain at the loading port until the problems have been solved. Not only because charterers/shippers should be given the possibility to gain access to the cargo loaded and, in case of need arrange a fresh tally of the cargo, but certainly also because the delay at loading port may be much shorter than what may be expected at discharging port where the vessel could, in principle, wait indefinitely if the problem is not solved and if a practical solution for some reason cannot be achieved.It is common ground that charterers/shippers cannot expect that master/owner should expose themselves to shortage etc. claims by signing and releasing bills of lading containing details of the cargo which master has reason to believe to be incorrect. Occasionally it happens that attempts are made to try to persuade owners/master to sign “clean” bills of lading against a Let ter of Indemnity although cargo is not “clean”. Such a Letter of Indemnity is, however, unenforceable and is, therefore, not worth the paper it is written on if charterers for some reason should feel disinclined to adhere to it.The governing charter apparently requires “clean” bills of lading to be issued and a bill of lading which is qualified as to the quantity stated therein would be considered to be “unclean”. All the more reason for the vesse l to have remained at loading port until the problems had been solved. Such situation was considered in inter alia the “Boukadoura” judgment summarized on. Although this may have added to the problems, it should be kept in mind that there is an underlying principle pertaining to a contractual requirement for “clean” bills of lading which is that if cha rterers/shippers need “clean” bills of lading to be issued then they must see to it that the cargo supplied for shipment is indeed in such condition that there will be no need for superimposed remarks pertaining to the condition etc. of the cargo, i.e. the master is not compelled to issued “clean” bills of lading irrespective of the circumstances. Put in another way, master’s right and duty to endor se bills of lading if the condition etc. of the cargo so warrant, within the realm of the characterers’ respon sibility to supply cargo which warrants no remarks and which will enable master to sign “clean” bills of lading accordingly.It is difficult to suggest a solution which would once and for all solve the present problems. As mentioned above the vessel should have remained at loading port which, however, she did not and considering that the ship is only two days away from port of discharge ordering her to return to port of loading is probably not a viable alternative. Had the vessel remained at loading port, the assumption is that time would have been lost sorting out the problems pertaining to the alleged shortage. If it is further assumed that there is merit in the master’s allegation pertaining to the shortage, then as it follows from the Boukadoura judgment the loss of time should prima facie be absorbed by the charterers.As it is, it cannot, however, be excluded that if more time is lost at port of discharge than what was likely to be lost had the vessel remained at loading port, then owners may have to defray some or all of the time lost if the charterers can demonstrate that the proximate cause of the excess delay stems from owners’ decision to order the vessel to leave loading port before the problems pertaining to the cargo quantity to appear in the bills of lading were settled. The “second best” alternative in terms of a practical solution trying to alleviate the present stalemate may be to attempt to discharge the cargo either against satisfactory guarantee in lieu of non-presentation of bills of lading or into custody pending further discussion pertaining the bill of lading quantity and, subsequently, presentation of bills of lading at port of discharge. This should, however, not be done without the involvement of owners’ P&I club. In connection with the discharge it may appeal to the parties to arrange a survey and although such survey cannot be considered conclusive still, it may serve as support for either owners’ or charterers’ position with regard to quantity of cargo loaded.No original B/L—no delivery of cargoFrom time to time the BIMCO Secretariat has issued warnings and recommendations pertaining to delivery of cargo without production of original bill of lading. As may be expected the problem will not go away. To the contrary it seems that the cases in which attempts are made to induce owners to accept clauses whereby the cargo must be delivered without production of original bill of lading are on the increase. It is we think apposite to outline the general position pertaining to delivery of cargo without production of original bill of lading.This is well illustrated by Lord Denning who in the Sze Hai Tong Bank v. Rambler Cycle Co.[1959]2 Lioyd’s Rep. at page 120 said, inter alia:“It is perfectly clear law that a ship owner who delivers without production of the bill of lading does so at his peril”.Consequently, the risk element if cargo is delivered without the original bill of lading will rest with owners. By analogy it may be concluded, therefore, that if there is no bill of lading there is not delivery of cargo; master/owners are not compelled to deliver cargo until the proper and autherntic bill of lading is presented.Clauses like the following“Should Bills of Lading not arrive at discharging port in time then Owners agree to re lease the entire cargo without presentation of the original Bills of Lading” are, unfortunately not uncommon. It must be kept in mind, however, that acceptance of clauses of this type may lead to financial catastrophe for the owners. There have been cases in which vessel were arrested for months because the cargo was delivered to the wrong party, and even subsequent sale of the ship by auction. This situation is brought about because owners cannot count on P&I cover in case of claims if they agree to clauses such as the one quoted above.Hence, the words of Lord Denning may mean exactly what they say; owners may have to face the dire consequences themselves if things go badly wrong.It is not infrequent that cargo interests propose a way out of the difficulties by suggesting that one original bill of lading is sent as “ship’s mail” to be handed over to a named person. The problem with this approach is that the master has no way of knowing whether that named person actually holds title to the cargo, which would not be the case of the cargo has been sold and re-sold during the voyage. In such case a duly endorsed original bill of lading is reuired and the one sent as “ship’s mail” will not do.Another method of attempting to overcome the difficulties is to is sue a “Letter of Indemnity”. Whilst this method is workable, it should be kept in mind that it should only be the wording as approved by the P&I Club which should be used, accepted. The point is that it is the owners’Club which will decide whether or not owners would be covered in the particular situation and as mentioned above the Club may feel disinclined to cover owners if they have accepted a dubious “letter” the contents of which the issuer may be unab le or unwilling to comply with. Consequently, there are two options available to the cargo interests:1.To produce the original bill of lading, or2.To provide a satisfactory guarantee in lieu of delivering cargo without production of the original bill of lading.This should mean, in practice, that the P&I Club is consulted either to approve a proposed wording, or to suggest a suitable wording of such guarantee, letter or indemnity.The Secretariat has been confronted with cases in which attempts had been made to coerce master/owners todeliver cargo although neither bill of lading nor satisfactory guarantee was presented on the pretext that the ensuing loss of time until discharge commenced should be absorbed by owners.Considering that master/owners are not compelled to deliver cargo unless and until either of the above-mentioned two alternatives have been complied with, owners cannot be saddled with the ensuing loss of time. For example, in S.,.A. Award No.1759, summariz ed on the panel unanimously concluded that owner’s refusal to discharge the vessel until a bill of lading or suitable form of guarantee was presented, was correct and proper. The charterers did propose a form of guarantee which was not, however, found acceptable. The owners required a guarantee in the form generally accepted by their P&I Clu b. The panel found no fault in owners’ conduct. The vessel was fully available to the charterers and was, in fact, awaiting the presentation of bills of lading or a suitable bank guarantee and, hence, the ensuing loss of time should be defrayed by the charterers. Readers should be guided accordingly.T/C- B/Ls SIGNATUREThe Secretariat has recently been confronted with enquiries concerning the implications of provisions in the time charter party pertaining to signing bills of lading on master’s behalf. T hat time charterers wish to have the possibility to sign bills of lading on master’s behalf is, of course, nothing new nor is it questionable per se. There is, however, cause for alarm when the clause reads as follows:“Charterers and/or their agents are hereby authoriz ed by owners to sign, on master’s behalf, bills of lading as presented in accordance with the mate’s receipts without prejudice to this charter party, but charterers to be responsible for all consequences that might result form charterers and/or agents signing bills of lading not adhering to the remarks in mate’s receipts”At first glance the clause may appear to be a reassuringly familiar express indemnity, but the words underlined are tantamount to a carte blanche for time charterers or th eir agents to sign “clean” bills of lading even if mate’s receipts contain remarks as to the apparent condition etc. of the cargo which should, therefore, also appear in the bills of lading. Hence, if charterers decide to issue “clean” bills of lading irre spective of the fact that the apparent condition of the cargo may warrant remarks therein. The ensuing liability when a cargo claim is lodged by receivers/consignees will rest with owners.If one envisages a situation in which time charterers cannot or will not adhere to the indemnity owners may find that the indemnity is unenforceable, i.e. the courts will decline to handle a case involving such an indemnity. Similarly, owners may find that their P&I Club will decline to cover owners because, it is submitted, the above indemnity is similar to “indemnities” proposed by charterers under voyage charter parties against owners/master signing “clean” bills of lading although the cargo is not “clean”Consequently, provisions such as the one quoted above should not find their way into the charter party. We would refer to clause 30 of “NYPE93” which leaves no option but to issue/sign bills of lading in conformity with mates or tally clerk’s receipts even though time charterers may sign bills of lading on master’s b ehalf. Readers are also referred to the article which appeared on See Bulletin 6/93 or Forms of Approved DocumentsVoyage chartering- “Ocean” bill of ladingFrom time to time the Secretariat is requested to supply a specimen of an “ocean” bill of ladi ng. It appears that the query originates from the letter of credit or contract of sale/purchase of a commodity which may refer to theissuance of an “ocean bill of lading”. For example,article 23 of ICC’s “UCP500” defines “Marine/Ocean Bill of Lading”. Hence, the charterers request owners to issue such an “ocean” bill of lading.As far as BIMCO is concerned, an “ocean” bill of lading is any bill of lading which is designed and used for seaborne transport, eg the “Congenbill”, “Conlinebill”, etc..Apart f rom the problem that there is, as far as we know, no bill of lading form titled “Ocean” bill of lading, the above definition contained in “UCP500” actually appears to define a “liner” bill of lading, partly because the definition may support this view and partly because there is another article (article25) of “UCP500” which defines “Charter party Bill of Lading”.Consequently, if parties in a sale/purchase of commodity agreement or letter of credit merely refer to an “ocean” bill of lading having to be issued and one of the parties subsequently proceeds to charter a vessel under a charter party and the proper charter party bill of lading is issued accordingly, parties may unwillingly have landed themselves in a lot of trouble if the buyer’s bank refuses to release funds because the bill of lading does not correspond with the type of bill of lading as defined in article 23 of the “UCP500” rules.An additional difficulty may be that the people in the banks checking cargo documents in a particular transaction may by reluctant to approve bills of lading which appear not to be “ocean” bills of lading because the word “ocean” appears nowhere in the particular bill of lading.In theory this is not, of course, the shipowners’ problem.In practice, however, it frequently turns out to be just that; when being faced with a situation in which no money is forthcoming under the sales agreement, cargo interests will exert quite a lot of pressure upon shipowners to issue a fresh set of bills of lading.The preferred appro ach is to request owners to issue “liner” bills of lading.The point is that it is probably a less unattractive alternative to attempt to persuade the ship owners to comply with cargo interests’ requirements than it is, for instance, to amend the terms of the letter of credit.It is realized that there may be commercial considerations which may dictate that shipowners comply with charterers’ request.It should be kept in mind, however, that issuing “liner” bills of lading under a voyage charter will in a ll probability result in trouble.This is so because the documents are essentially designed to be used in different circumstances and, hence, the terms of the documents are incompatible.This means that, by issuing a “liner” bill of lading under a voyage charter party, owners have signed two documents each containing its own terms pertaining to the provisions covering the transport aspect, i.e. owners may have, for instance, a “free out” charter party as well as a “liner out” contract (the “liner”) bill o f lading.As far as owners are concerned, they may be under the impression that it is the “F.I.O” charter party which will govern matters at port of discharge.This is, however, by no means an absolute.The first problem which may be envisaged is that chaterers and consignees cannot agree which of the two should defray stevedoring expenses.This may result in idle time for the ship, and even if laytime and/or demurrage, as the case may be, may be running still, it is not a very attractive situation for owners if the vessel is seriously delayed; owners may have felt compelled to agree to an inadequate rate of demurrage on top of which the vessel may miss the canceling for the next employment.In addition to delay to their ship, owners may also faced with a situation in which charterers have agreed with consignee to arrange and pay stevedoring at discharge but have failed to do so.The consignee having purchased a “liner” bill of lading may demand delivery of the cargo, and since it is not the consignee who is to pay, etc., for stevedoring, the ensuing expenses must be defrayed by owners who will then have to attempt to seek reimbursement from charteres.Should owners, however, decide that the particular circumstances would dictate that they at least consider charterer’s proposal, the matter should be approached, as illustrated above, with the utmost caution, and owner would be well advised to consult their P&I Club before issuing “liner” bill of lading under a voyage charter party.“Clean” Bills of LadingIt is well established that the master is not compelled to sign “clean” bills of lading if the apparent order and condition of the cargo is such that appropriate remarks in the bill of lading in this respect would be warranted.The Secretariat has recent ly been confronted with disputes concerning signing of “clean” bills of lading even though the cargo loaded was defective. The charter parties contained provisions according to which “clean” bills of lading were to be issued/signed, and it would appear that chaterers thought that they could circumvent the general position briefly outlined above, by including such provisions in the charter party. In other words, since the charter party contained clear words to the effect that “clean” bills of lading were to be issued, charterers held the view that the master had no choice but to sign such bills of lading regardless of the actual apparent order and condition of the cargo. This is not, however, correct. The starting point is that, if charterers wish to have “clean” bills of lading issued, they must see to it that the cargo is in such condition that the master will not have to put remarks as to the apparent order and condition of the cargo in the bills of lading., i.e. charterers must arrange for delivery of cargo which is not defective. Consequently, it may be said that a provision in the charter partly which prescribes that “clean” bills of lading are to be issued is a provision which prima facie compels charterers to deliver “clean” cargo, and it does not preclude the master from making appropriate remarks in the bills of lading should circumstances so warrant.There may be charterers who, when confronted with owners prepare to stand their fround may attempt to propose a letter of indemnity in lieu of signing “clean” bills of lading contrary to the factual condition of the cargo. BIMCO invariably warns against accepting such an indemnity. It is tantamount to fraud and the indemnity will be unenforceable and, hence, not worth the paper it is written on. It should be kept in mind that a possible delay in sailing leaving aside the fact that such delay should be absorbed by the charterers- is to be preferred to the staggering claims which owner may have to face if they agree to issue “clean” bills of lading against such an unenforceable letter of indemnity. Whenever such situations arise owner are well advised to consult their P&I Club.。
签发提单
第二十六篇签发提单（Bills of Lading）(NYPE 46第78-79行)------------------------------------------------‚8.… the Captain, who is to sign Bills of Lading for cargo as presented, in conformity with Mate’s or Tally Clerk’s receipts.‛在NYPE 93中, 相关的条款是第30条, 内容增加了不少, 会在本篇提及。
------------------------------------------------26.1 所呈上(As Presented) 的含意在NYPE 46及93年格式均有‚所呈上‛(as presented) 一词, 意味着是承租人而不是船东有权选择任何形式的提单不管是班轮提单或是其他特色的提单, 为了配合承租人自己营运/分租等业务的不同要求。
承租人自己格式的提单包括例如中远或中海提单格式, 或承租人出的‚运费预付‛提单, Conlinebill班轮提单或十分普遍被使用的Congenbill等。
在The Berkshire1, Brandon大法官说:-‚The effect of such a clause [NYPE 第8条款] in a charter party is well-settled. In the first place, the clause entitles the charterers to present to the master for signature by him on behalf of the shipowners bills of lading which contain or evidence contracts between the shippers of goods and the shipowners, provided always that such bills of lading do not contain extraordinary terms or terms manifestly inconsistent with the C/P; and the master is obli ged, on presentation of him of such bills of lading, to sign them on the shipowners’ behalf. In the second place, the charterers may, instead of presenting such bills of lading for the master for signature by him on behalf of the shipowners, sign them themselves on the same behalf. In either case, whether the master signs on the directions of the1[1974] 1 Lloyd’s Rep 185.charterers, or the charterers short-circuit the matter and sign themselves, the signature binds the ship owners as principals to the contract contained in or evidenced by the bills of lading.‛这是至今对船东同意承租人去签发所呈上提单(sign bills of lading as presented) 最重要的解释。
2012货代英语词汇(货代英语必考词汇)
International trade: 国际贸易GDP (gross domestic product) 国民生产总值，国内生产总值Industrialization 工业化Globalization 全球化Multinational corporation: 跨国公司Factors of production 生产要素Labor-intensive goods 劳动密集型产品International finance 国际金融Exchange rate: 外汇汇率Transfer risk: 转让风险Exchange controls: 外汇管制WTO (world trade organization): 世界贸易组织Uruguay Round: 乌拉圭回合Multilateral trade: 多边贸易The International Monetary Fund 国际货币基金组织The World Bank 世界银行Outsourcing 外包Trade barrier 贸易壁垒Import duties: 进口税Import/export license：进口/出口许可证Import quota: 进口配额Tariff: 关税Non-tariff barrier: 非关税壁垒Market research 市场调研Offer: 发盘Shipping space: 舱位Customs clearance: 报关，清关Loading: 装货Shipping advice: 装运通知Redemption of documents: 赎单Delivery of goods 交货Freight forwarder 货运代理人Commission agent: 委托代理人Modes of transport: 运输方式A comprehensive package of services: 全面的一揽子服务Consignor: 发货人Consignee: 收货人Carrier: 承运人Forwarders’ Certificate of Receipt: 代理人收货证明书Forwarders’ Certificate of Transport: 代理人运输证书L/C (letter of credit): 信用证Foreign exchange transaction: 外汇交易Freight: 运费Bills of lading: 提单13个贸易术语（略）Trade terms 贸易术语，贸易条款ICC ( International Chamber of Commerce) 国际商会Incoterms（International Rules for the Interpretation of Trade Terms）国际贸易术语解释通则International Trade practices 国际贸易实践，国际贸易惯例Inspection 检验Inland waterway transport 内河运输Multimodal transport 多式联运UCP 《跟单信用证统一惯例》Banking industry 银行业Transport industry 运输业Insurance industry 保险业Trader: 交易者Tender: 提交Issuing bank: 开证银行Confirming bank: 保兑银行Nominated bank: 指定银行Advising bank: 通知银行Examination of documents: 单证审核Commercial invoice: 商业发票Transshipment: 转船运输Terms of contract 合同条款Terms of shipment 装运条款Time for shipment 装运时间Partial shipment 分批装运Break the contract 违约Expiration date 有效期Presentation of documents 交单Applicant: 申请人Beneficiary: 受益人Negotiating bank: 议付行Documentary draft: 跟单汇票SWIFT：环球银行间金融电讯协会Notification: 通知Documentary Credit: 跟单信用证Clean Credit: 光票信用证Irrevocable Documentary Credit: 不可撤销跟单信用证Term of validity: 有效期Confirmed Credit: 保兑信用证Unconfirmed Credit: 不保兑信用证Guarantee: 保证，担保Sight Credit: 即期信用证Time Credit: 远期信用证Sight payment credit: 即期付款信用证Sight negotiation credit: 即期议付信用证Deferred payment credit: 延期付款信用证Acceptance credit: 承兑信用证Sight payment credit: 即期付款信用证Anticipatory credit: 预支信用证Revolving credit: 循环信用证Transferable credit: 可转让信用证Back-to-back credit: 背对背信用证Transshipment point: 转运地Inland center: 内陆中心Conference lines: 班轮公会运输Non-conference lines: 非班轮公会运输Non-vessel operating common carriers (NVOCC) 无船承运人Tramp service: 不定期船运输Shipping conference 班轮公会Ports of call: 挂靠港Loyalty arrangements: 忠诚协议Shipper 托运人Independent carriers: 独立承运人Bills of lading: 提单Sea waybills: 海运单Manifests: 货物舱单Shipping notes: 托运单Delivery orders: 提货单Mate’s receipts: 大副收据Document of title: 物权凭证Endorsement: 背书Port authorities: 港务局Charter party 租船合同Voyage chartering 航次租船Shipowner 船东Single voyage 单程航次Discharging ports 卸货港Bale and grain capacity 包装和散装容积GENCON “金康”格式Time chartering 定期租船Charterer 承租人（租船人）NYPE “纽约土产”格式BALTIME “波尔的姆”格式Bareboat chartering 光船租船BARECON “贝尔康”格式BIMCO 波罗的海国际航运协会Marine Bills of Lading 海运提单Consignment of goods 货物托运Destination 目的地Document of title 物权凭证Port of destination 目的港Order bills of lading 指示提单Straight bills of lading 记名提单Shipped bills of lading 已装船提单Shipped in apparent good order and condition 已装船外表状况明显良好Received for shipment bills of lading 收货代运提单Direct bills of lading 直达提单Through bills of lading 联运提单Clean bills of lading 清洁提单Foul/unclean/dirty/claused bills of lading 不清洁提单Clean on board 清洁已装船Insufficient packing 包装不良Port agent 港口代理Notify party 通知方Arrival Notice 到货通知Ocean freight rates 海运运费率Tramp rates 不定期船运费率Liner freight rates 班轮运费率Liner operator 班轮营运人Fixed cost 固定成本Variable cost 可变成本Stores 物料费Administrative cost 管理成本Interest 利息Depreciation 折旧Stowage factor 积载因数Cost of service 服务成本Break bulk cargo 件杂货Open market rate 公开市场费率Adjustment factors 调整因素Currency adjustment factor (CAF) 货币贬值调整因素；货币贬值附加费Port congestion surcharge 港口拥挤附加费Commodity Box Rates (BAF) 分货种包箱费率Freight All Kinds (FAK) Rates 均一运费费率；不分货种运费费率Lump sum rate 整笔运费费率Average utilization 平均使用率Insurable interest 保险利益（原则）Utmost good faith 最大诚信（原则）Proximate cause 近因（原则）Indemnity 最大赔偿原则The assured/insured 被保险人The insurer/underwriter 保险人Subject matter insured 保险标的Amount insured 保险金额Insured against 投保Insurance premium 保险费Consideration 对价Bulk shipment 整批装运Insurance policy 保险单Insurance certificate 保险凭证Endorsement 批单Original 正本Insurance coverage 保险险别，保险范围PICC Ocean Marine Cargo Clauses 中国人民保险公司海上货物运输保险条款Free of Particular Average (FPA) 平安险Particular average 单独海损Constructive total loss 推定全损Natural calamities 自然灾害General average 共同海损Salvage charges 救助费用Port of distress 避难港With Particular Average (WA/WPA) 水渍险All Risks 一切险External causes 外部因素General additional risks 一般附加险Special additional risks 特别附加险Exclusions 除外责任Intentional act or fault 故意行为或过失Ordinary loss 自然损耗Inherent vice 固有缺陷Institute Cargo Clause 协会货物保险Land conveyance 内陆运输General average sacrifice 共同海损牺牲Import-export trade 进出口贸易Arrival 到港Departure 离港Entry Inwards 进口报关单Import Manifest 进口舱单，进口载货清单Load line 载重线Entry Outwards 出口报关单Port clearance 结关单Export Manifest 出口舱单，出口载货清单Bill of Entry 报关单Customs Declaration 报关Inward Permit 进口许可证Visual inspection 肉眼检查Chemical test 化学检验Banker’s note 银行发票Shipping Bill 装运单Export Declaration 出口报关单Outward Export Permit 出口许可证Packing list 包装单Controlled goods 受管制货物Inspection certificate 检验证书Health certificate for live animal 活动物健康检疫证书Rail transport 铁路运输Road transport 公路运输Long haul 长途运输Local collection and distribution 本地集散Convention de Merchandises Par Routes (CMR) 国际公路货物运输合同公约Take possession of the goods 接管货物Delay in delivery 延迟交付Defective condition 不良状态Consolidation 合并运输Consolidator 合并运输人Groupage 拼箱Full container loads (FCL) 整箱货Less than carload lot (LCL) 零担货物House bill of lading 货代提单Wholesale 批发Retail 零售Bargaining strength 讨价还价能力Multimodal transport 多式联运Segmented transport 分段运输Enter into separate contracts 签订不同的合同Multimodal transport operator 多式联运经营人Tying-up of capital 资金紧张Through freight rate 联运运费Settlement of claim 索赔的处理，索赔结算Competitive position 竞争能力，竞争地位Inland waterways 内陆水路（运输）Mini-bridge 小陆桥（运输）Land bridge 陆桥（运输）Piggyback 驮运Sea train 火车车厢运输船High value item 高等价值物品Long haul 长途运输Country of origin 原产国，起运国Flat rate 统一费用Land transportation 陆上运输Trunk hauls 货车运输Door-to-door 门到门Supply chain 供应链Value chain 价值链Demand chain 需求链Strategic positioning 战略定位Operating efficiency 运营效率Logistics 物流The Council of Logistics Management [美国]物流管理协会Inventory 库存Order processing 订单处理Warehousing 仓储Materials handling 物资搬运Packaging 包装Facility network 设施网络Inventory strategy 库存策略Financial investment 财政投资Time-based performance 时间性绩效Competitive performance 竞争性绩效Core customer 核心客户Transportation integration 运输整合Product profitability 产品利润率Finished product 制成品Work-in-process 在线产品Market distribution 市场分销Manufacturing support 制造支持Procurement 采购Supplier 供应商Manufacturer 制造商Shipment provider 出货人Distributor 经销商Sales representative 销售代表Development 研发Corporate infrastructure 公司基础设施Product management 产品管理Business transaction 商业交易Marketing 营销Advertising 广告Geographic boundary 地理边界Real-time trading 实时交易Financial activity 金融活动Cash check 现金支票Stock 股票Loan 贷款Intelligent program 智能程序Personalization 个人化Privacy invasion 隐私侵犯Copyright infringement 侵犯著作权Intellectual property 知识产权Digital signature 数字签名Digital certificate 数字证书Online transaction 在线交易Business correspondence/letter 商业信函，商业书信7C 原则中英文Block style 齐头式Modified block style 改良齐头式Official title 官衔Complimentary close 结尾敬语Date line 日期行Inside address 封内地址Salutation 称呼Subject line 事由行Copy notation 抄送Air freight 航空货运Make a connection 中转Government regulations 政府管制Freight shipment 货运Travel agency 旅行社Government office 政府机构Shipping clerk 运务员Reservation agent 预定员Air freight agent 航空货运代理Air waybill 航空货运运单Baggage compartment 行李舱Shipping point 装运地Passenger fare 客运费Special rate 特殊运费率Pay in advance/prepay 预付Credit card 信用卡Payment on delivery 交货后付款General public 公众，群众Personal effect 私人用品Shipping business 航运业Customs broker 海关代理Arriving passenger 到港旅客Sales personnel 销售人员Ticket agent 票务员Air Waybill 航空货运单Freight bill 运费单Customs declaration 海关申报Consolidated shipments 集运货物House air waybill 分运单Master air waybill 主运单Airport of departure 启运机场Originating counterpart 起运方Substitute AWB 分运单Over-carried 漏载Transit goods 转口货物，过境货物Originating station 起运站Neutral AWB 中性航空运单Fully loaded aircraft 满载飞机Cargo Manifest 货物舱单Check list 核查单General declaration 总申报单Air terminal 航空货运站Reception Check List 收货核对清单Premanifest 预配舱单Ground handling 地面工作，地勤作业Hazardous goods 危险品Valuable cargo 贵重货物High-density cargo 高密度货物Low-density cargo 低密度货物Cut-off point 分界点General Cargo Rates 普通运价Minimum Charges 最低运价Class Rates 等级运价Specific Commodity Rates 指定商品运价Bulk Unitization Rates 大宗货集装运价Contract FAK Rates 全包价International Air Transport Association (IATA) 国际航空运输协会Unit Load Device (ULD) 载具Pivot weight 基准重量Tonnage 载重量。
2010年国际货运代理货代英语第九章讲义
本资料由青年人网提供，更多请访问/waimao/货代学习资料下载/exam/html/list310-1.html货代考试论坛：/forum-86-1.html2010年国际货运代理货代英语第九章讲义一、Drawing up Marine Bills of Lading 海运提单的起草(考试重点)1-1 课文：A marine bill of lading can be drawn up in a variety of ways, but it is nearly always prepared on a pre-printed form. This form may relate to a specific or to a general cargo trade.注释：draw up: 草拟，起草variety:变化，多样性，种类nearly: 几乎，密切地prepare:准备pre-printed: 预先印好的relate to:涉及课文意思：一份海运提单可以以多种方式起草，但是几乎都采用预定格式。
这些格式可能涉及到特殊或者一般货物贸易。
1-2 课文：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 loading and discharging, ship‟s name, terms and conditions of carriage and payment of freight.注释：whatever:无论怎样的，无论哪一种的contain: 包含element: 要素，元素，成分accurate:正确的，精确的description：描述，形容condition:状态，情形payment of freight:运费的支付课文意思：无论格式如何，提单所包含的内容大同小异，例如货物的数量，货物确切的品名和状态，提单签发的日期，托运人和收货人的名称，装货港和卸货港，船名，货物运输的条款和条件，以及运费的支付。
国际货运代理专业英语Unit 9 marine bills of lading讲义
Unit9海运提单一、 General concept of Marine Bills of Lading 海运提单的一般概念 (考试重点)1-1 课文：Marine Bills of lading are used primarily in international sales of goods where the carriage of goods is by sea.注释：marine bills of lading: 海运提单 primarily: 首先，起初，主要地 intern ational sales of goods: 国际货物的销售 carriage: 运输课文意思：海运提单主要用于国际货物销售的海上运输中。
1-2 课文：Definitions of the Bill of Lading vary from country to country. B roadly, the bill of lading has been defined as receipt for goods shipped on boa rd a ship, signed by the person (or his agent) contracts to carry them, and sta ting the terms on which the goods were delivered to and received by the ship. (海运提单的定义，掌握)注释：definition: 定义 vary from: 不同 broadly: 宽广地，广泛, 总体而言on board: 在船上 stating: 陈述，申明课文意思：每个国家对于提单的定义各有不同。
总体而言，提单是货物装船的收据;它由达成货物运输协议的承运人签字，上有货物送到船上及被船方接收的条款。
1-3 课文：It is not the actual contract, but forms excellent evidence of th e terms of the contract.注释：actual: 实际的，真实的excellent: 极好的，卓越的 evidence: 证据，凭证课文意思：提单不是实际的合同，但却构成据以履行合同条款极好的保证。
海运提单简汇
海运提单（Bill of Lading）海运提单的关系人托运人(Shipper) 承运人(Carrier) 收货人(Consignee) 被通知人(Notify Party)一、提单正面的内容1、托运人/发货人（SHIPPER）•在信用证支付方式下，一般以受益人（有权使用信用证的人，就是出口商）为托运人。
2、收货人（CONSIGNEE）•要按合同和信用证的规定来填写1）指示式A: 空白指示式（To Order ），在提单背面由发货人进行背书。
背书又分为空白背书和记名背书。
—不记名背书（空白背书）是发货人在背面不做任何说明，只签章即可，货权归提单的持有人。
—记名背书是指在提单背面填上“Deliver to ×××”“Endorsed to ×××”，然后由发货人签章；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。
B: 记名指示式（To order of ……)包括发货人指示式（To Order of Shipper；发货人必须在寄单前在提单后背书）、银行指示式(To Order of Issuing Bank)；信用证若规定“To Order of Applicant”，则收货人栏填写“To Order of xxxx Co.”；信用证若规定“To Order of Issuing Bank”，则填写“To Order of xxxx Bank”2）记名式Straight B/L：直接写上指定的公司名称；这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。
3）不记名式Open B/L—留空不填，或填“To bearer”，（交来人/持票人）。
这种方式承运人交货给提单的持有人，只要持有提单就能提货。
3、被通知人(Notify Party)被通知人就是收货人的代理人或提货人，承运人到目的港口凭该栏通知其提货；若信用证未规定详细地址，为了单证一致，整本提单按信用证规定不列明，但其副本一定要写明被通知人的详细地址。
常用贸易术语英文缩写
BLK
BULK
散装
BLKR
BULKER
散装船
BLT
BUILT
(船舶）建造（年月)
BM
BEAM
横梁（船舶型宽）
B. O.
BUYER'S OPTION
买方选择
BOC
BANK OF CHINA
中国银行
B/P
BILLS PAYABLE
应付票据
B/R
BILLS RECEIVABLE
应收票据
B. RGDS
BEST REGARDS
致敬，致意（电传尾常用结束语）
B/S
BILL OF SALE／BILL OF STORE
抵押证券／船上用品免税单
BS／L
BILLS OF LADING
提单（复）
B／ST
BILL OF SIGHT
临时起岸报关单，见票即付汇票
B. T.
BERTH TERMS/LINER TERMS
BG
BAGS
袋
B／H
BILL OF HEALTH
健康证明书
BIMCO
BALTIC INTERNATIONAL MARITIME CONFERENCE
波罗的海国际航运公会
BIZ
BUSINESS
业务
B／L
BILL OF LADING
提单
BL
BLADING BILL OF LADING
提单
BLFT
BALE FEET
CONTAINER FREIGHT STATION
集装箱货运站
C.G.A
CARGO'S PROPORTION OF GENERAL AVERAGE
中职教育-《国际贸易英语》课件：Unit 9 Bill of Lading 提单.ppt
(3) THE B/L IS A DOCUMENT OF TITLE.
A document of title is one which the law recognizes as representing the goods so that the document can be transferred to a third party.
⑦ Direct Bill of Lading and Transhipment Bill of Lading（Through B/L)直达提单与转船提单
A direct B/L is the one which is issued in the case where the goods shipped on the vessel are required to be carried directly to the destination. If the goods are allowed to be transhipped onto another vessel to the destination, the B/L issued under this circumstance is called“ transhipment B/L ”whish is normally marked with the port where the goods are to be transhipped.
UNIT 9 BILL OF LADING (B/L) 提单
B/L is the most Important document in int’l shipping.
1. WHAT IS B/L?
B/L is a document issued by the master of the vessel or by his agent to evidence that goods have been shipped on the vessel and accepted. It is a document that shows details of goods (a consignment) and entitles the receiver (the consignee) to collect the goods on arrival.
提单(bill_of_lading)中英文简介-推荐下载
货主领取D/O之后，说明船公司已经把货物放给货主了。
Bill of Lading -IntroductionWhen discussing Bills of Lading, we must distinguish between a carrier B/L (B/L) and a House B/L (HBL). Please see separate chapter for HBL.In Maersk Logistics, we do not issue carrier Bills of Lading. Only Ocean Carriers (also known as VOCCs or shipping lines) can issue a carrier B/L.In the old days, the Bill of Lading was a document issued by the captain of the vessel for goods carried onboard his vessel. This is not practical today where instead the document is issued by an agent acting on behalf of the captain.Maersk Sealand’s offices around the world have been empowered to sign Bills of Lading on behalf of “the captain” (the principal carrier).Bill of Lading - Issuing PartyThe B/L is issued by an ocean carrier, also known as a VOCC（船公司，有船公共承运人） (vessel-operating common carrier) or shipping line（航运公司）.Maersk Sealand（马士基海陆有限公司）, being a VOCC, issues Bs/L for goods shipped onboard their vessels.Bill of Lading – FunctionsBasically, a Bill of Lading has 3 functions:1. A receipt （收据）for the cargo2. A document of title3. Evidence of a contract of carriage1. Receipt for cargoThe B/L is a receipt by the carrier that the goods are in his custody（保管）. The B/L acts as a receipt between the shipper and the carrier until such time as title has been passed to a third party (the consignee). Then it becomes an independent contract between the carrier and the third party. The thirdparty assumes（接管，承担） the rights, responsibilities and obligations identical （同一的，完全相同的）to those of the shipper.2. Evidence of contract of carriageIt is common to hear the B/L referred to as the ‘contract of carriage’. However, the contract of carriageis always the underlying（基本的） agreement between the carrier and the customer to carry his goods. The B/L is merely evidence of this.The B/L evidences a contract of carriage between the ocean carrier and the shipper/consignee in theB/L.Also see: Evidence of contract of carriage in the Glossary（词汇表）.3. Document of Title（物权凭证，所有权凭证）A B/L is a Document of Title. This means that the legal right (the title) to the goods covered by the B/L can pass from one party to another by means of endorsements （背书）(please see explanation below). The carrier will only release the goods at destination to a rightful holder of a duly endorsed（提单可以适当背书） original Bill of Lading.At the time the B/L is issued, the shipper will advise the carrier who the B/L should be consigned（交付） to - I.e. who the Consignee on the B/L is.The shipper can choose to consign the B/L in different ways:a. Full name and address of an individual or companyb. “TO ORDER” (of shipper)c. “TO ORDER OF [bank]” - example: To order of Dubai Bankd. “TO ORDER OF [company]” - example: To order of Toy Trader Ltd.e. “TO ORDER OF [individual]” - example: To order of Gary Jensen, Street, City“To order” means that the party can transfer their rights as consignee to another party by endorsing the B/L.3a. EndorsementAn endorsement is a signature (and company stamp) on the B/L (and preferably also a clear written statement that the B/L is being endorsed to “Company XYZ”). The endorsement is written on the original B/L document by the party who is shown as the consignee on the B/L but now wishes to transfer this right to another party.When obtaining the endorsed B/L, the new consignee now assumes all rights, obligations and responsibilities that were previously vested in the first consignee. This also includes the right to transfer the B/L to yet another party by adding a new endorsement on the B/L document. In this way, a chain of endorsements may take place.The Ocean Carrier （海运承运人）will check the endorsements on the original B/L document before releasing the goods at destination. As you can see, it is not always the first consignee (as printed on the B/L when it was issued) that actually take delivery of the goods at destination.Because of this function ad Document of Title, a B/L is often referred to as a “negotiable”（可转让的）document but “transferable” is actually the more correct term.Bill of Lading - Originals and CopiesThe fact that the carrier B/L functions as Document of Title places great importance on the B/L document. All parties involved (shipper, consignee and carrier) rely on the document to decide who can take delivery of the goods at destination.The carrier will normally print a B/L document in 3 originals and a reasonable number of copies. It is only an Original B/L document that can be transferred to another party. The copies may be pre-printed ‘Copy’ or ‘Non-Negotiable’. Both are non-transferable.Although 3 originals have been issued, the carrier will release the goods at destination to whoever presents one duly and properly endorsed original B/LNow you may think: “But what if the shipper （托运人，发货人，货主）sells the goods twice and endorses two of the original Bs/L to two different parties?”The carrier must exercise due care to check that the B/L is properly endorsed to the party who submits （提交）it. If this is the case and the carrier is in good faith, he can release the goods. The change of ownership of the cargo is a matter between the seller and the buyer only. The carrier is not involved. If the seller has sold the goods twice, it is a matter between the seller and the two buyers.Bill of Lading - Carrier’s responsibilityThe three main areas of responsibility of the carrier under a B/L are:1. Responsibility for correct description of the goods2. Responsibility to release the goods to the properly entitled party at the proper location3. Responsibility to care for the cargo while it is in the carrier’s custody1. Responsibility for correct description of the goodsAny third party buyer may purchase goods by relying on the description of the goods in the B/L (quantity, condition, etc.).The description of the goods on the B/L is usually supplied by the shipper or his agent. (The carrier will not know what is inside a container or carton packed by the shipper). It is however essential that if the carrier knows that the description of the goods supplied by the shipper is not correct (for example that cartons are damaged), the carrier clearly notes the discrepancy（不符，相差） on the B/L or refuses to accept the cargo and issue the B/L.If the carrier does not note the discrepancy on the B/L, the carrier “steps into the shoes” of the shipper and assumes responsibility, on behalf of the shipper, to the buyer of the goods. This means that if there was a dispute between the carrier and the buyer of the goods, the buyer could file a claim against the carrier. The carrier would need to file claim against the shipper but may not be able to prove that the goods were not received as stated in the B/L.2. Responsibility to release the goods to the properly entitled party at the proper locationWhoever presents a duly and properly endorsed B/L at the correct destination is entitled to take delivery of the goods.The carrier receiving a B/L and being satisfied that the proper endorsement is in place, when releasing the goods, is relieved of any responsibility should it later appear that the B/L holder was in fact not the proper receiver.The carrier must of course also ensure that the person who submits the B/L and take delivery of the goods is a representative of the consignee (e.g. an employee or an agent of the company to whom the B/L has been consigned).Release of the cargo without receipt of a properly endorsed B/L compromises the carrier’s responsibility towards the true owner of the goods. This may expose the carrier to unlimited liability（责任）inclusive（包括） of consequential(间接的) damages. In other words, the carrier may be required to compensate（赔偿） the rightful consignee not only for the value of the goods but potentially also for additional costs such as loss of sales profits.If the carrier is in doubt about who the rightful owner of the B/L is, e.g. because there has been a chain of endorsements and the carrier is not familiar with all signatures and stamps of the intermediate consignees, the carrier should in principle contact these parties to check. The carrier may can also contact the shipper and/or the notify（通知） party on the B/L to hear their views.2a. Release at different destinationIf the release of the goods is requested at a destination different from the one mentioned on the B/L, the carrier should first receive the full set of Bs/L (all originals) for the particular shipment.The full set of an issued B/L has an intended destination. Since release is possible against any one of the Bills of Lading in a set, then only by receiving all the issued originals can the carrier assure himself that no other lawful holder of an original B/L can present the B/L at the B/L destination and rightfully claim title to the goods.2b. Release of goods without original B/L or issuance of a new set of BillsIt is a critical situation when the full set of original Bills are lost. By releasing the goods without obtaining a duly endorsed original B/L, the carrier will expose themselves to unlimited liability, incl. consequential damages, in case a rightful holder of the B/L later turns up and expects to receive the cargo. On the other hand, the consignee may in fact be the legal owner of the goods after having paid the shipper and the carrier will be under pressure from the consignee to release the goods as soon as possible.In such a situation, the carrier will typically ask both the shipper and the consignee to confirm that they agree to the issuance of a new set of bills or release of goods without the bills. In addition, the party who has asked for a new set of bills (the shipper or the consignee), or has asked to have the goods released (the consignee), is asked to sign a Letter of Indemnity (LOI) and this must be backed up by a first class bank guarantee which is valid for a minimum of 6 years or whatever the B/L filing period is in that country. The process must be approved and release signed off by appropriate management.It is a commercial decision by the carrier whether they will release the goods on this basis or not.3.Responsibility to care for the cargo while in the carrier’s custodyThe duty of care of the goods is both regulated in law and is based on common sense. If the goods arrive damaged at destination and no note has been made on the B/L regarding the condition of the cargo, it is the carrier’s responsibility.If the carrier wants to claim against the shipper, it is the carrier’s responsibility to prove that the goods were not damaged while in his custody.Bill of Lading – AmendmentWhen a shipper requests an amendment to a B/L which has already been printed and issued, the carrier must make a judgment of the request and decide if the B/L can be amended accordingly.The carrier must ensure that the full set of original Bs/L are returned (if 3 originals were issued, 3 originals should be returned for amendment) and ensure that the description of the goods is still correct.If a shipper requests a completely new set of Bs/L, this is considered an amendment and the full set of originals must be surrendered. If the shipper or consignee is not able to produce the full set of originals, the carrier should not issue a new set. If the customer insists, the carrier must make a judgment of the commercial risk and may decide that a new set can be issued. In such case, the first set of Bs/L will be considered lost.You must ensure to check local procedures for this.Bill of Lading - Cargo DescriptionCargo descriptionThe transport provider cannot physically verify the contents of the cartons and packages received from the shipper. For legal reasons, the description of the goods must therefore always include the wording “Said To Contain” or “S.T.C.” to signify that the transport provider is relying on the description of the goods supplied by the shipper. Example: S.T.C. 1020 cartons of CD players.If the carrier knows that the description of the goods supplied by the shipper is not correct (for example that cartons are damaged), the carrier should note the discrepancy on the B/L or refuse to accept the cargo and issue the B/L.No. of packagesIf cargo is lost during transit, it is the number of units as stated in the “no. of pkgs” field that will be used for calculation of potential compensation to the owner. For this reason, this field should always reflect the smallest number of shipping units. Example 1 (FCL container): “1 x 20’ STD” instead of “500 cartons”. Example 2 (LCL shipment): “5 pallets” instead of “50 cartons”.ClausesThe transport provider should insert the clause “Shipper’s load, stow and count” if the customer is loading the container at his premises.“Shipped onboard” must only be used when the document is issued after vessel sailing. If the customer wants the document issued before vessel sailing, the clause “Received for shipment” is used instead.Most carriers will not insert the clause “Clean onboard” on the Bill. Even for LCL-shipments where they are physically handling the cartons, they cannot check the quality and condition of the merchandise inside the cartons.Clean B/L without notations of damages or shortcomingsThe buyer or the bank (Letter of Credit) sometimes demands a so-called “clean B/L” which means a B/L without any notes of damages or shortcomings at the time of loading. This sometimes creates problems between the carrier and the shipper, who in spite of damage or other discrepancy to the cargo wants the shipping line to incorrectly issue a “Clean B/L” against a letter of indemnity from the shipper or a bank guarantee. Such indemnities are not allowed under the international conventions that governsBs/L and if brought to court will not be upheld. Therefore the carrier should not issue “Clean” Bs/L if this is not the correct cargo description.24-hour manifest rule (U.S. customs)You may have heard about the 24-hour manifest rule established by U.S. Customs and its requirements regarding description of goods - for example that “S.T.C.” is not allowed and that the cargo description must be very specific (i.e. “general merchandise” and other general cargo descriptions are not allowed). For the purpose of transport documentation, you should be aware that the U.S. Customs rules relate to the vessel manifest, not the printed Bill of Lading or Waybill document. The vessel manifest is used for customs purposes. The printed Bill or Waybill is used for legal and commercial purposes.Bill of Lading - Document DateThe date of the B/L must be the date on which it is actually issued, irrespective of the date the cargo was received or loaded, however not earlier than the date the cargo was received or loaded respectively.For a “Shipped on Board” B/L, the date cannot be earlier than the date the cargo was actually loaded on board the first vessel or conveyance mentioned in the document.For a “Received for Shipment” B/L, the date cannot be earlier than the date the cargo was actually received at the place of receipt or load port mentioned in the document.Sometimes, a shipper will request a carrier to issue the B/L with earlier or later dates in order to comply with time restrictions in the shipper’s Letter of Credit. The carrier is not obliged to do so and should not do so. It would be considered an attempt to defraud the buyer.Bill of Lading - Freight paymentThe charges payable at origin (usually by the shipper) are called “prepaid”. The charges payable at destination (usually by the consignee) are called “collect”.In order to secure payment, the carrier will usually not release the original B/L document to the shipper before he has paid all prepaid charges.At destination, the carrier will usually not release the goods until all freight charges are paid (even when a duly endorsed B/L is presented).It is a commercial decision by the carrier whether they wish to grant the shipper and/or consignee credit. If credit has been granted, the carrier will release the goods and expect the freight and other costs to be paid within the agreed time.The shipper is responsible for advising the carrier which charges are prepaid and collect. If the carrier is in doubt whether the consignee will pay for the collect charges, he may check with the consignee before accepting the shipment.In some areas of the world, from where there is a great risk and/or cost for the carrier to ship cargo, the carrier may require that all charges are prepaid.Bill of Lading – FilingAfter collecting the original B/L and releasing the goods, the carrier should stamp the original B/L “accomplished” (or similar).The carrier must then file the original B/L for at least 6 years according to international and domestic regulations. Local legislation may require a longer filing period.Bill of Lading - Why use this document?When buying goods internationally, there is a distance between the buyer and the seller. The exchange of goods and the payment for the goods therefore cannot take place at the same time. The seller wants to ensure that he does not transfer ownership of the goods without receiving payment, and the buyer wants to make sure that he does not pay without getting ownership of the goods that he was expecting.The seller uses the B/L as proof that he has delivered the goods for shipment at the agreed place. The B/L also confirms the quantity and apparent condition of the goods in the B/L.When a B/L is issued (a document of title), the carrier will only release the goods at destination to the party who can present an original B/L that covers the goods. The B/L becomes the “key to the cargo”. When the buyer has paid for the goods, the seller will transfer the original Bs/L to the buyer. If the buyer does not pay for the goods, the seller can keep the original Bs/L and in this way control that the buyer does not receive the goods from the carrier. (In some cases, the buyer will require to receive the originals before paying).In cases where the payment for the goods is facilitated by a bank through a Letter of Credit, the bank at origin may require that they obtain title to the goods in the period between paying the seller and obtaining payment from the buyer or the buyer’s bank. This is why the B/L is sometimes consigned “to order of [bank]”. If it happened that the buyer could not pay for the goods after all, the bank would be able to recover some of their loss by selling the goods.In other cases, the B/L is used because goods are sold during transit and there is a need to have a negotiable/transferable document to cover the shipment. The original consignee will endorse the B/L to the new consignee who can then obtain release of the goods.It is important to note that although the B/L is used to facilitate the payment of goods between seller and buyer, the carrier does NOT take part in the change of ownership of goods. This is only a matter between the seller and the buyer. The carrier follows the rules and obligations as stated in the B/L and contract of carriage (ships and releases goods in accordance herewith).Bill of Lading - the role of Maersk LogisticsIn Maersk Logistics we do not issue carrier Bills of Lading. However, we work with the carriers either on behalf of the clients (when we are acting as agents on behalf of the shipper or the consignee and the customer has agreed freight rates and other terms and conditions directly with the carrier) or as customers (when we are acting as NVOCC and have sub-contracted our shipments to the carrier). Scenario 1: Acting as agent on behalf of a shipper or consigneeWhen acting as agent on behalf of our customers, the carrier B/L evidences a contract of carriage between the carrier and our customer. Maersk Logistics is not a party to the contract under the B/L although we are performing freight forwarding services on behalf of our client.In this scenario, we usually book the cargo with the carrier chosen by our customer, arrange containers to be loaded/consolidated and brought to the carrier’s terminal, co-ordinate the issuance of documents and check the documents issued by the carrier. We may also pay the carrier charges on behalf of our customer and invoice him accordingly. At destination, we may co-ordinate the release and delivery of the container and arrange customs clearance on behalf of our client.Scenario 2: Acting as NVOCCWhen acting as NVOCC, Maersk Logistics is the customer of the carrier. We therefore book our shipments with the carrier, deliver the goods in our name, provide shipper’s instructions, pay freight charges to the carrier and obtain release of the goods at destination based on the B/L which is issued between us and the carrier.Bill of Lading - Difference between B/L and SWB1. In which areas are the B/L and the SWB the same?- They both function as a Receipt for cargo and Evidence of contract of carriage- They both contain details about the shipment such as shipper, consignee, vessel, place of delivery, cargo description and date- They must not be issued with a date different than the true issuance date / onboard date- They are issued by the ocean carrier (VOCC)- They obligate the carrier to ensure correct description of the goods- They obligate the carrier to care for the cargo while in his custody- They obligate the carrier to ensure that he releases the goods to the correctly entitled party at destination2. In which areas are the B/L and the SWB different?- The B/L is a document of title. The Sea Waybill is NOT.- A SWB cannot be consigned “to order”, it must always state a consignee.- The B/L is printed in sets of originals and copies (often 3 originals).A SWB is only printed as copies.-The carrier does not require an original SWB in order to release the goods at destinationBill of Lading - Difference between B/L and HBL1. In which areas are the carrier B/L and the House B/L the same?- They have the same functions: A receipt for cargo, A document of title, Evidence of contract of carriage- They can both be endorsed to another party if the document is consigned “to order” or “to order of [name/company]”- They must not be issued with an onboard date different than the true onboard date- They are both issued in a set of (usually) 3 originals and a reasonable number of copies- They often have the same format and fields- They obligate the issuing party to ensure correct description of the goods- They obligate the issuing party to care for the cargo while in his custody- They obligate the issuing party to ensure that the goods are released to the correctly entitled party at destination2. In which areas are the carrier B/L and the House B/L different?- The HBL is issued by the NVOCC who does not operate vessels.The B/L is issued by a VOCC.- The HBL evidences a contract between the NVOCC and his customer. The B/L evidences acontract between the carrier and his customer.- Maersk Logistics can issue HBL. We cannot issue carrier B/L.。
船舶代理英语试题【简答题25题+答案+中文解释】
Short answer questions（简答题）1. Please list some of the documents commonly used in the carriage of goods by sea.（请列举海上货物运输常用的单证。
）Answer:Bills of lading, sea waybill, booking note, shipping order, mate’s receipt, manifest, delivery orders, etc.（提单、海运单、订舱单、装货单、大副收据、舱单和提货单等）2. Please make a short description of common carrier.(请简述公共承运人的概念。
)Answer:Common Carrier is a person or company that transports goods or people for any person or company and that is responsible for any possible loss of the goods during transport. A common carrier offers its services to the general public under license or authority provided by a regulatory body.【公共承运人是指向公众（个人或公司）提供运输服务的个人或公司，其为在运输过程中造成的货物丢失承担责任。
公共承运人根据监管当局的许可或授权向社会公众提供服务。
】3. What is Container Load Plan?（什么是集装箱装箱单？）Answer:Container Load Plan (CLP) is the document which records in detail the quantity and name of the goods inside container. Each container shall have this kind ofdocument. It shall be established based on the goods which have been loaded into container. Whether loaded by shipper, or by container freight station, the party who is responsible for loading shall make container loading plan. As unique document which records the detailed information of cargo loaded into concerning container, it’s a very important document when container is transport unit.（集装箱装箱单是详细记载集装箱内货物的名称、数量等内容的单据，每个载货集装箱都要制作这样的单据，它是根据已装进集装箱内的货物制作的。
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.。
海运提单中英文版
样本4-1海运提单提单制单示例：L/C 规定：Huangpu feeder HKG ocean vessel LAX( W.C) LB NYC ( E ・C ・)黄埔 驳运至香港…•大船至洛杉矶(Los Ageles)…•陆桥(land bridge)至纽约(New York City) o贝U:(4) Pre-carriage by _____ 此栏填 feeder ship 名即驳船名)； (5) Place of Receipt _____ (填 Huangpu);(6) _________________ Ocean Vessel (填大舟甘名) ⑺ ____________________ Port of Loading (填 HKG ); (8) Port of Discharge _____ (填 LAX )；(9 ) Place of Delivery 二若大船公司负责至NYC 则填NYC ;若负责至LA 则填 LAo (7) Final Destination (if goods to be transshipped at port of discharge) (Applicableonly when document used as a through B/L 仅当该B/L 被用作全程转 运B/L 时才填此 栏！ )____________________________ 眦栏填NYC)BILL OF LADING托运人Shipper中国对外贸易运输总公司CHINA NATIONALFOREIGINTRADETRANSPORTATION CC RP联运提单COMBINED TRANSPORBILL OF LADINGRECEIVED the goods in appare nt good order and con diti on as specified below uni ess otherwisestated herei n.The Carrier, i n accord a nee with the provisi on s con tained in this docume nt.1) un dertakes to perform or to procure theperformanee of the entire transport from the placeat which the goods are takes in charge to desig ndt^l fpkace delivery in this docume nt ,a nd2) assumes liability as prescribeddocume nt for such tran sport. One of the Bills of Ladi ng must be surre ndered duly in dorsed inexcha nge for the goods or delivery order.收货人或指示Con sig nee or order通知地址Notify address前段运输 收货地点Pre-carriage by Place of receipt海运船只装货港Ocea n vesselPort of loadi ngin this以上细目由托运人提供ABOVE PARTICCLARS FURNSHED BY SHIPER太平船务有限公司提单:In Witness Whereof this number of Original Bills of Lading stated Above all of the tenor and date one of which being accomplished the others to stand void.for PACIFIC INTERNATIONAL LINES (PTE) LTD as CarrierJ 匚—■ ■ ■ I. ■JC JC TFWMBJC TRANS CO ・ LTD.。
海牙规则英文版(最新整理)
海牙规则-英文版-中文版INTERNATIONAL CONVENTION FOR THE UNIFICATION OF CERTAIN RULES OF LAW RELATING TO BILLS OF LADING (“HAGUE RULES”), AND PROTOCOL OF SIGNATURE(Brussels, 25 August 1924)The President of the German Republic, the President of the Argentine Republic, His Majesty the King of the Belgians, the President of the Republic of Chile, the President of the Republic of Cuba, His Majesty the King of Denmark and Iceland, His Majesty the King of Spain, the Headof the Estonian State, the President of the United States of America, the President of the Republic of Finland, the President of the French Republic, His Majesty the King of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas, Emperor of India, His Most Supreme Highness the Governor of the Kingdom of Hungary, His Majesty the King of Italy, His Majesty the Emperor of Japan, the President of the Latvian Republic, the President of the Republic of Mexico, His Majesty the King of Norway, Her Majesty the Queen of the Netherlands, the President of the Republic of Peru, the President of the Polish Republic, the President of the Portuguese Republic, His Majesty the King of Romania, His Majesty the King of the Serbs, Croats andSlovenes, His Majesty the King of Sweden, and the President of the Republic of Uruguay,HAVING RECOGNIZED the utility of fixing by agreement certain uniform rules of law relating to bills of lading,HAVE DECIDED to conclude a convention with this object and have appointed the following Plenipotentiaries:WHO, duly authorized thereto, have agreed as follows:Article 1In this Convention the following words are employed with the meanings set out below:(a) "Carrier" includes the owner or the charterer who enters into a contract of carriage with a shipper.(b) "Contract of carriage" applies only to contracts of carriage covered by a bill of lading or any similar document of title, in so far as such document relates to the carriage of goods by sea, including any bill of lading or any similar document as aforesaid issued under or pursuant to a charter party from the moment at which such bill of lading or similar document of title regulates the relations between a carrier and a holder of the same.(c) "Goods" includes goods, wares, merchandise and articles of every kind whatsoever except live animals and cargo which by the contract of carriage in stated as being carried on deck and is so carried.(d) "Ship" means any vessel used for the carriage of goods by sea.(e) "Carriage of goods" covers the period from the time when the goods are loaded on to the time they are discharged from the ship.Article 2Subject to the provisions of Article 6, under every contract of carriage of goods by sea the carrier, in relation to the loading, handling, stowage, carriage, custody, care and discharge of such goods, shall be subject to the responsibilities and liabilities, and entitled to the rights and immunities hereinafter set forth.Article 31. The carrier shall be bound before and at the beginning of the voyage to exercise due diligence t(a) Make the ship seaworthy.(b) Properly man, equip and supply the ship.(c) Make the holds, refrigerating and cool chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage and preservation.2. Subject to the provisions of Article 4, the carrier shall properly and carefully load, handle, stow, carry, keep, care for, and discharge the goods carried.3. After receiving the goods into his charge the carrier or the master or agent of the carrier shall, on demand of the shipper, issue to the shipper a bill of lading showing among other things:(a) The leading marks necessary for identification of the goods as the same are furnished in writing by the shipper before the loading of such goods starts, provided such marks are stamped or otherwise shown clearly upon the goods if uncovered, or on the cases or coverings in which such goods are contained, in such a manner as should ordinarily remain legible until the end of the voyage.(b) Either the number of packages or pieces, or the quantity, or weight, as the case may be, as furnished in writing by the shipper.(c) The apparent order and condition of the goods.Provided that no carrier, master or agent of the carrier shall be bound to state or show in the bill of lading any marks, number, quantity, or weight which he has reasonable ground for suspecting not accurately to represent the goods actually received, or which he has had no reasonable means of checking.4. Such a bill of lading shall be prima facie evidence of the receipt by the carrier of the goods as therein described in accordance with paragraph 3(a), (b) and (c).5. The shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks, number, quantity and weight, as furnished by him, and the shipper shall indemnity the carrier against all loss, damages and expenses arising or resulting from inaccuracies in such particulars. The right of the carrier to such indemnity shall in no way limit his responsibility and liability under the contract of carriage to any person other than the shipper.6. Unless notice of loss or damage and the general nature of such loss or damage be given in writing to the carrier or his agent at the port of discharge before or at the time of the removal of the goods into the custody of the person entitled to delivery thereof under the contract of carriage, or, if the loss or damage be not apparent, within three days, suchremoval shall be prima facie evidence of the delivery by the carrier of the goods as described in the bill of lading.If the loss or damage is not apparent, the notice must be given within three days of the delivery of the goods.The notice in writing need not 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 ship shall be discharged from all liability in respect of 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.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.7. After the goods are loaded the bill of lading to be issued by the carrier, master, or agent of the carrier, to the shipper shall, if the shipper so demands, be a "shipped" bill of lading, provided that if the shipper shall have previously taken up any document of title to such goods, he shall surrender the same as against the issue of the "shipped" bill of lading, but at the option of the carrier such document of title may be noted at the port of shipment by the carrier, master, or agent with thename or names of the ship or ships upon which the goods have been shipped and the date or dates of shipment, and when so noted, if it shows the particulars mentioned in paragraph 3 of Article 3, shall for the purpose of this Article be deemed to constitute a "shipped" bill of lading.8. Any clause, covenant, or agreement in a contract of carriage relieving the carrier or the ship from liability for loss or damage to, or in connexion with, goods arising from negligence, fault, or failure in the duties and obligations provided in this Article or lessening such liability otherwise than as provided in this Convention, shall be null and void and of no effect. A benefit of insurance in favour of the carrier or similar clause shall be deemed to be a clause relieving the carrier from liability.Article 41. Neither the carrier nor the ship shall be liable for loss or damage arising or resulting from unseaworthiness unless caused by want of due diligence on the part of the carrier to make the ship seaworthy and to secure that the ship is properly manned, equipped and supplied, and to make the holds, refrigerating and cool chambers and all other parts of the ship in which goods are carried fit and safe for their reception, carriage and preservation in accordance with the provisions of paragraph 1 of Article 3. Whenever loss or damage has resulted from unseaworthinessthe burden of proving the exercise of due diligence shall be on the carrier or other person claiming exemption under this Article.2. Neither the carrier nor the ship shall be responsible for loss or damage arising or resulting from:(a) Act, neglect, or default of the master, mariner, pilot, or the servants of the carrier in the navigation or in the management of the ship.(b) Fire, unless caused by the actual fault or privity of the carrier.(c) Perils, dangers and accidents of the sea or other navigable waters.(d) Act of God.(e) Act of war.(f) Act of public enemies.(g) Arrest or restraint or princes, rulers or people, or seizure under legal process.(h) Quarantine restrictions.(i) Act or omission of the shipper or owner of the goods, his agent or representative.(j) Strikes or lockouts or stoppage or restraint of labour from whatever cause, whether partial or general.(k) Riots and civil commotions.(l) Saving or attempting to save life or property at sea.(m) Wastage in bulk or weight or any other loss or damage arising from inherent defect, quality or vice of the goods.(n) Insufficiency of packing.(o) Insufficiency or inadequacy of marks.(p) Latent defects not discoverable by due diligence.(q) Any other cause arising without the actual fault or privity of the carrier, or without the actual fault or neglect of the agents or servants of the carrier, but the burden of proof shall be on the person claiming the benefit of this exception to show that neither the actual fault or privity of the carrier nor the fault or neglect of the agents or servants of the carrier contributed to the loss or damage.3. The shipper shall not be responsible for loss or damage sustained by the carrier or the ship arising or resulting from any cause without the act, fault or neglect of the shipper, his agents or his servants.4. Any deviation in saving or attempting to save life or property at sea or any reasonable deviation shall not be deemed to be an infringement or breach of this Convention or of the contract of carriage, and the carrier shall not be liable for any loss or damage resulting therefrom.5. Neither the carrier nor the ship shall in any event be or become liable for any loss or damage to or in connexion with goods in an amount exceeding 100 pounds sterling per package or unit, or the equivalent of that sum in other currency unless the nature and value of such goods have been declared by the shipper before shipment and inserted in the bill of lading.This declaration if embodied in the bill of lading shall be prima facie evidence, but shall not be binding or conclusive on the carrier.By agreement between the carrier, master or agent of the carrier and the shipper another maximum amount than that mentioned in this paragraph may be fixed, provided that such maximum shall not be less than the figure above named.Neither the carrier nor the ship shall be responsible in any event for loss or damage to, or in connexion with, goods if the nature or value thereof has been knowingly misstated by the shipper in the bill of lading.6. Goods of an inflammable, explosive or dangerous nature to the shipment whereof the carrier, master or agent of the carrier has not consented with knowledge of their nature and character, may at any time before discharge be landed at any place, or destroyed or rendered innocuous by the carrier without compensation and the shipper of such goods shall be liable for all damage and expenses directly or indirectly arising out of or resulting from such shipment. If any such goods shipped with such knowledge and consent shall become a danger to the ship or cargo, they may in like manner be landed at any place, or destroyed or rendered innocuous by the carrier without liability on the part of the carrier except to general average, if any.Article 5A carrier shall be at liberty to surrender in whole or in part all or any of his rights and immunities or to increase any of his responsibilities and obligations under this Convention, provided such surrender or increase shall be embodied in the bill of lading issued to the shipper.The provisions of this Convention shall not be applicable to charter parties, but if bills of lading are issued in the case of a ship under a charter party they shall comply with the terms of this Convention. Nothing in these rules shall be held to prevent the insertion in a bill of lading of any lawful provision regarding general average.Article 6Notwithstanding the provisions of the preceding Articles, a carrier, master or agent of the carrier and a shipper shall in regard to any particular goods be at liberty to enter into any agreement in any terms as to the responsibility and liability of the carrier for such goods, and as to the rights and immunities of the carrier in respect of such goods, or his obligation as to seaworthiness, so far as this stipulation is not contrary to public policy, or the care or diligence of his servants or agents in regard to the loading, handling, stowage, carriage, custody, care and discharge of the goods carried by sea, provided that in this case no bill of lading has been or shall be issued and that the terms agreed shall be embodied in a receipt which shall be a non-negotiable document and shall be marked as such.Any agreement so entered into shall have full legal effect.Provided that this Article shall not apply to ordinary commercial shipments made in the ordinary course of trade, but only to other shipments where the character or condition of the property to be carried or the circumstances, terms and conditions under which the carriage is to be performed are such as reasonably to justify a special agreement.Article 7Nothing herein contained shall prevent a carrier or a shipper from entering into any agreement, stipulation, condition, reservation or exemption as to the responsibility and liability of the carrier or the ship for the loss or damage to, or in connexion with, the custody and care and handling of goods prior to the loading on, and subsequent to, the discharge from the ship on which the goods are carried by sea.Article 8The provisions of this Convention shall not affect the rights and obligations of the carrier under any statute for the time being in force relating to the limitation of the liability of owners of sea-going vessels.Article 9The monetary units mentioned in this Convention are to be taken to be gold value.Those contracting States in which the pound sterling is not a monetary unit reserve to themselves the right of translating the sums indicated in this Convention in terms of pound sterling into terms of their own monetary system in round figures.The national laws may reserve to the debtor the right of discharging his debt in national currency according to the rate of exchange prevailing onthe day of the arrival of the ship at the port of discharge of the goods concerned.Article 10The provisions of this Convention shall apply to all bills of lading issued in any of the contracting States.Article 11After an interval of not more than two years from the day on which the Convention is signed, the Belgian Government shall place itself in communication with the Governments of the High Contracting Parties which have declared themselves prepared to ratify the Convention, with a view to deciding whether it shall be put into force. The ratifications shall be deposited at Brussels at a date to be fixed by agreement among the said Governments. The first deposit of ratifications shall be recorded in a procès-verbal signed by the representatives of the Powers which take part therein and by the Belgian Minister of Foreign Affairs.The subsequent deposit of ratifications shall be made by means of a written notification, addressed to the Belgian Government and accompanied by the instrument of ratification.A duly certified copy of the procès-verbal relating to the first deposit of ratifications, of the notifications referred to in the previous paragraph, and also of the instruments of ratification accompanying them, shall be immediately sent by the Belgian Government through the diplomatic channel to the Powers who have signed this Convention or who have acceded to it. In the cases contemplated in the preceding paragraph, the said Government shall inform them at the same time of the date on which it received the notification.Article 12Non-signatory States may accede to the present Convention whether or not they have been represented at the International Conference at Brussels.A State which desires to accede shall notify its intention in writing to the Belgian Government, forwarding to it the document of accession, which shall be deposited in the archives of the said Government.The Belgian Government shall immediately forward to all the States which have signed or acceded to the Convention a duly certified copy of the notification and of the act of accession, mentioning the date on which it received the notification.Article 13The High Contracting Parties may at the time of signature, ratification or accession declare that their acceptance of the present Convention does not include any or all of the self-governing dominions, or of the colonies, overseas possessions, protectorates or territories under their sovereignty or authority, and they may subsequently accede separately on behalf of any self-governing dominion, colony, overseas possession, protectorate or territory excluded in their declaration. They may also denounce the Convention separately in accordance with its provisions in respect of any self-governing dominion, or any colony, overseas possession, protectorate or territory under their sovereignty or authority.Article 14The present Convention shall take effect, in the case of the States which have taken part in the first deposit of ratifications, one year after the date of the protocol recording such deposit.As respects the States which ratify subsequently or which accede, and also in cases in which the Convention is subsequently put into effect in accordance with Article 13, it shall take effect six months after the notifications specified in paragraph 2 of Article 11 and paragraph 2 of Article 12 have been received by the Belgian Government.Article 15In the event of one of the contracting States wishing to denounce the present Convention, the denunciation shall be notified in writing to the Belgian Government, which shall immediately communicate a duly certified copy of the notification to all the other States, informing them of the date on which it was received.The denunciation shall only operate in respect of the State which made the notification, and on the expiry of one year after the notification has reached the Belgian Government.Article 16Any one of the contracting States shall have the right to call for a fresh conference with a view to considering possible amendments.A State which would exercise this right should notify its intention to the other States through the Belgian Government, which would make arrangements for convening the Conference.DONE at Brussels, in a single copy, August 25th, 1924.PROTOCOL OF SIGNATUREAt the time of signing the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading the Plenipotentiaries whose signatures appear below have adopted this Protocol, which will have the same force and the same value as if its provisions were inserted in the text of the Convention to which it relates.The High Contracting Parties may give effect to this Convention either by giving it the force of law or by including in their national legislation in a form appropriate to that legislation the rules adopted under this Convention.They may reserve the right:1. To prescribe that in the cases referred to in paragraph 2(c) to (p) of Article 4 the holder of a bill of lading shall be entitled to establish responsibility for loss or damage arising from the personal fault of the carrier or the fault of his servants which are not covered by paragraph (a).2. To apply Article 6 in so far as the national coasting trade is concerned to all classes of goods without taking account of the restriction set out in the last paragraph of that Article.DONE at Brussels, in single copy, August 25th, 1924.。
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Receipt for the goods
Receipt is a key function of bill of lading. Accurate statement of the condition of the goods upon receipt (for comparison upon discharge). “Condition” based on reasonable outward inspection. Right of shipper to demand a bill of lading (stating quantity/weight, apparent good order and condition etc – see below). Statement as to quantity and/or condition is prima facie evidence of quantity/condition of cargo loaded and creates estoppel when bill of lading is in the hands of a third party. The burden is then on the shipowner.
Bills of Lading Andrew Rourke, Legal Director, Clyde & Co LLP
17 October 2011 Sinochem, Beijing
Introduction
Three functions of bills of lading Bills of lading and charterparties Letters of indemnity “Switch Bills”
Hale Waihona Puke Content of bill of lading
Hague/Hague- Visby Rules (Art III r3) give shipper right to demand B/L containing following:
leading marks number of packages/pieces, quantity/weight (as furnished in writing by the shipper) statement of apparent good order and condition of the goods
“Switch Bills”
Substituting bills of lading with different details not uncommon, but is risky. “No doubt this provision for a second set of bills of No lading to come into existence was agreed for not unreasonable commercial motives but it is a practice fraught with danger; not only does it give rise to obvious opportunities for fraud (which is not suggested in this case) but also, if it is intended that the bills of lading should constitute contracts of carriage with the actual owner of the ship (as opposed to any disponent owner), the greatest care has to be taken to ensure that the practice has the shipowner’s authority” Longmore, J The Atlas [1996] ” Lloyd’s Rep 642 Risks include assisting in a fraudulent or illegal act, liability for misdelivery etc interfering with security, contract of carrieage etc Surrender of all original bills upon substitution is vital.
Receipt for the goods (2)
Clean bill of lading is not claused (“clausing” notes, for example, damage) Cargo often expressly stated to be “clean on board” "Unknown" clauses protect carrier (except where wild and obvious inaccuracy).
Credit risk Fraud
Bills of Lading as document of title
Bill of lading as document of title. Negotiable. Presentation required. "Straight" bills of lading (often marked “non “nonnegotiable”) Transfer of property not the same as transfer of the bill of lading (property likely to pass pursuant to provisions of a sales contract). Delivery without bills of lading (letter of indemnity, rights of third parties – see below).
Disputes as to quality/quantity on loading
Disagreement between shippers/Master (e.g. as to weight/quantity or condition loaded) Description of goods on bill of lading vital to shipper e.g. for payment by buyer Usual solution – letter of indemnity LOI unenforceable in cases of fraud so LOI only valid if there is a real dispute/uncertainty, not where there is dishonesty (Browne, Jenkinson –v- Percy Browne, Dalton)
Bills of lading and charterparties
Which is contract of carriage, bill of lading or charterparty? Form of bill of lading (or at least certain clauses) may well be stipulated in charterparty (and failure to comply could be breach of charterparty) Incorporation of terms. With general words of incorporation, only charterparty terms germane to the shipment, carriage and delivery of the goods will be incorporated into the bill of lading. Arbitration clause must be specifically and expressly incorporated. Identification of correct charter (NB presumption in favour of head charter where master signs bills for owners).
Bill of lading should normally be signed after loading. Bill of lading prepared in accordance with contract (eg Charterers’ instructions).
Typical information included in bill of lading
Contract of carriage
Evidence of contract of carriage. Reflects agreement already made. Where terms of bill of lading are inconsistent with prior agreement B/L may not accurately reflect contract. International conventions will often apply to bills of lading by incorporation or because compulsorily applicable eg Hague/Hague Hague/HagueVisby Rules. International conventions apply time bar, weight/package limitation, minimum acceptable terms etc.
Letters of Indemnity for delivery of cargo in absence of bills of lading