2. Paramount Clause (Paramount Clause)

The first clause is the carrier in accordance with their will, printed on the top of the bill of lading terms, usually as a bill of lading terms of the first to clearly define the bill of lading governed by a constraint, or application of the International Convention on the provisions of the law of a country. Generally provides that: the bill of lading by the "Hague Rules" or "the Hague - Visby Rules" or the adoption of these rules, a domestic law, constraints, such as the United Kingdom, "Carriage of Goods by Sea Act of 1971", "1936, the United States Carriage of Goods by Sea Act "constraints. For example, China's "maritime law" bill of lading prior to the implementation of the COSCO third reads: "The carrier's obligations, liabilities, rights and immunities should be applied," Hague Rules ", that is, August 25, 1924, signed in Brussels" on the harmonization of certain provisions of the International Convention on the bill of lading "." COSCO is currently a bill of lading provides that the bill of lading by the PRC laws.

First appeared on the bill of lading terms, through the party "autonomy" principle, in a sense, the expansion of the international convention or national law would be applicable. National courts usually recognize the primary terms of effectiveness.

 

3. Jurisdiction clause (Jurisdiction Clause)

In procedural law, the jurisdiction of the cases before the Court refers to the scope and the competence to deal with cases. Here was referring to the provisions of the parties dispute the exercise of jurisdiction by the Ho Kwok, from Guo courts sometimes require the court to resolve the dispute the applicable law. A bill of lading normally have such a clause, and usually provides for a bill of lading disputes arising out of the country by the owner from exercising jurisdiction.

For example, China Ocean Shipping Corporation on the provisions of the bill of lading: The bill of lading by the People's Republic of jurisdiction of the Court. Under this bill of lading or in connection with all disputes relating to this bill of lading shall be determined according to the laws of the PRC; all legal proceedings against the carrier shall be submitted to the company's location Maritime Court - Guangzhou, Shanghai, Tianjin, Qingdao, Dalian Maritime Court accepted .

Strict, he said that the jurisdiction clause and the clause is a combination of the applicable provisions of the law.

The effectiveness of the bill of lading jurisdiction varies in various countries, some countries as the agreement governing treatment, recognition of its effectiveness. But more countries inconvenient litigation, or the provision to reduce the carrier's responsibility as a reason for denying its effectiveness, in accordance with national procedural law, advocates national courts of the bill of lading disputes arising out of the jurisdiction of the case. Some countries have also adopted the principle of reciprocity, to determine their validity.

1958, "United Nations Recognition and Enforcement of Foreign Arbitral Awards Convention," namely, "the New York Convention" has been more than 90 countries recognize China is also a party to the Convention. In the ocean shipping included in the bill of lading "arbitration clause" to arbitration instead of litigation, and their rulings can be a lot of parties to the Convention at home be recognized and enforced. Thus, arbitration may well be the modern way to settle disputes.

 

4. Articles on responsibility of the carrier (Carrier | s Responsibility)

There are a number of bills of lading the carrier's liability provisions for transporting the goods from the carrier should bear the responsibility and disclaimer. The general provisions of general law or what the conventions on what basis, if the provisions of the bill of lading had been there first and foremost, we do not need separate articles on responsibility of the carrier. The third bill of lading at the COSCO, Sinotrans fourth bill of lading, China the third bill of lading provided that the division of their rights and responsibilities as well as the exemption should be based on or application of "the Hague Rules." Under this provision, not "Hague Rules" apply to all the provisions of the bill of lading, but only on the carrier's obligations, rights and immunities shall apply to the bill of lading.

"Hague Rules" in the carrier's liability can be summarized as the carrier's responsibility to ensure the seaworthiness of the ship (compulsory) and management responsibility for the goods that the carrier should be "appropriate" and "prudent" management of goods.

 

5. During the carrier's liability provisions (Period of Responsibility)

"Hague Rules" there is no separate provision in the carrier's liability during the period, thus the provisions of the bill of lading shipping companies are listed on the carrier's responsibility for the carriage of goods terms of beginning and ending time.

COSCO bill of lading Article IV provides that: "the carrier's liability during the period from when the goods are loaded on the ship to play until the time of discharge from the ship. The carrier for cargo loading and unloading from the vessel prior to the loss or damage occurred after the liable . "

"Hague Rules" first of "the definition of terms" in for "the carriage of goods" (Carriage of Goods) provides the definition of "including self-loading of the goods on the ship from the beginning to unload the ship until a period of time."

Liability provisions of the above-mentioned period, with the existing liner transportation "warehouse receipt, centralized shipment" and "focus on unloading, warehouse delivery" practices incompatible with the handover of the goods. Therefore, the laws of some countries, such as the United States, "Harter Act" (Harter Act) provides that: the carrier's liability since the period from the time of receipt until the time of delivery date. "Hamburg Rules" provides that: the carrier's liability, including in the port of loading, during transportation and in the port of discharge, the goods in the carrier was in charge for the entire duration. China's "maritime law" under the responsibility of the carrier during the containerized cargo with the "Hamburg Rules", and break-bulk cargo is the "Hague Rules."

 

6. Loading, unloading and delivery terms (Loading, Discharging and elivery)

This provision refers to the shipper at the port of loading the provision of goods, as well as delivery of the goods the consignee at the port of discharge the obligations of the provisions. This provision should be based on the general provisions of the ship cargo loading and unloading of the fastest speed available day and night without interruption to the provision or delivery of the goods; Otherwise, the cargo caused by violation of this provision for all costs, such as workers wait for loading and unloading charges, the ship's port so that the loss of fees and demurrage liability. Should be note that this is a difficult to implement. Because there is no charter contracts and handling period, the more difficult to collect demurrage charges. The carrier issued a bill of lading, if the range is very short, the goods than the first document, the consignee can not voucher delivery, cargo unloaded by the carrier will remain in charge of offshore deposit, it is difficult to shirk the responsibility to continue to perform the contract. If the consignee is not timely delivery of the goods, the carrier can be one dock or unload the goods into warehouse, unloaded from the ship after all the risks and costs borne by the consignee.

The carrier shall be deemed to have fulfilled its obligation to deliver the goods.

The carrier the burden of cargo handling charges, but before loading and unloading the goods after the expense of the shipper, the consignee the burden. However, the bearing of costs often associated with the carrier's liability provisions of the relevant period. If the parties agree otherwise, when, places agreement shall prevail. The bill of lading do not usually separate provisions, when used in accordance with the port or by port constraints, the ship arrived in port, can not or will not be allowed into the berthing port loading and unloading of goods, its responsibilities do not live in the carrier, within or outside Hong Kong in Hong Kong Cargo Barge the cost borne by the shipper or the consignee.

 

7. Freight and other costs (Freight and Other Charges) Terms

This provision usually provides that the shipper or the consignee shall be recorded in the bill of lading a positive amount, the currency name, calculation methods, payment methods and timing of payment of freight, as well as the loading of the goods to the delivery took place during the period and should be borne cargo other costs, and no refund after the freight charge and so forth. COSCO Sinotrans bill of lading bill of lading Article VI and Article VIII states: the costs and freight should be prepaid before shipment. To pay the freight in the cargo arrived at the port of destination, the delivery must be paid before. Whether it is prepaid or collect, ship or the cargo one should be subjected to damage or loss of pay, without exception, all the carriers, not to return, and shall not be reduced. All the same taxes relating to the goods or any other costs should be paid by cargo interests.

In addition, the provision also provides that: the shipment of goods in the case of perishable goods, low-value goods, live animals (live animals), deck cargo, as well as the port of discharge the cargo carrier without an agent, freight and related costs should be paid in advance.

This provision usually provides that cargo bears the absolute obligation to pay the freight. Even if the ship or cargo during the voyage of loss or damage to cargo to the carrier should pay the full freight. The case of loss or damage to the responsibility of the carrier, then the goods will be allowed as part of the damages to the claim against the carrier.

 

8. Terms of the free trans-shipment (Transhipment Clause)

Transfer, change ship, transport and trans-shipment terms (Forwarding, Substitute of Vessel, Through Cargo and Transhipment) or for short terms of the free trans-shipment. The provisions, if necessary, the carrier can be arbitrary in order to complete the carriage of goods to take all reasonable steps to arbitrarily change the route, change the port or goods by the carrier's own or belonging to another ship, or by rail or other transport Tools, directly or indirectly, transported to the port of destination, or shipped to the port of destination beyond, trans-shipment, collection, transportation, unloading shore, on shore or the water storage and re-shipment transported by the carrier the burden of these charges, but the risk from cargo party. The carrier's liability limited to their own ships operated by the completion of that part of the transport, shall not be regarded as breach of contract of carriage.

COSCO bill of lading, such as Article XIII of Sinotrans bills of lading were made to the above provisions of Article XIV. This is to protect the rights of freedom of transit of the carrier's terms. Failure can not be carried in the ship, or the port of destination, port congestion 1:00 can not uninstall, or the port of destination, strike and so on, to use his boat by the carrier or by other modes of transportation transported to the port of destination, or to change Hong Kong sub-delivered to the port of discharge, costs by the carrier burden, but the risk of the cargo is less affordable and reasonable. China's "Maritime" 91st stipulates that: due to force majeure or can not be attributable to the carrier because the ship can not be unloaded at the agreed port of destination, the captain has the right to security of cargo unloaded at the nearby port, considered to have been to perform the contract ; otherwise, the carrier has the responsibility to ship goods to the port of destination, will be part of the transportation referred to the actual carrier, the carrier should also be responsible.

 

9. Select Port (Option) Terms

Also known as the Hong Kong harbor provisions of the election the election of delivery (Optional Delivery) terms) that the terms are usually required only when the cargo carrier and the shipper before shipment agreement, and indicate on the bill of lading, the consignee may choose discharge Hong Kong. The consignee shall be indicated in the bill of lading in the ship arrived at the port of choice in the first several hours before the port will be written notice of the port of their choice, the carrier, in the first a port agent. Otherwise, the carrier is entitled to unload the goods at the port or other ports for the choice of either a contract of carriage as have been fulfilled. Some are also a bill of lading provides that if the consignee fails to selected port of discharge the above requirements, the carrier had the right to bill of lading the goods specified in the port range of options to the ship's final port of destination, but by the shipper, the consignee commitment the risks and costs. Carriage of goods in Hong Kong when the ship is selected, the general requirements of the consignee in the selected port of discharge all the cargo unloaded.

 

10. Limitations of Liability (Limit of Liability)

Limit of liability of the carrier means the carrier has made it clear the goods for loss and damage shall be liable to pay compensation, the carrier for each piece or per unit of goods to pay the maximum amount of compensation.

The bill of lading shall be applicable domestic law or international conventions, the carrier for loss of or damage to goods, the limits of liability. However, the carrier to accept a written declaration of the shipper before the goods the prices of goods higher than the limit and has filled the bill of lading also charge freight according to regulations when the declared value should be calculated. Provisions apply if the primary terms of an international convention or national law, according to the convention or national law apply. Article XII of the bill of lading, such as COSCO: When the carrier of the goods is liable for loss or damage, the compensation in the amount of light cargo freight rates and the net purchase price plus the premium paid calculated; also stipulates that, in spite of this Bill of Lading No. 3 provides the goods carrier liability for loss or damage should be limited to each piece or per billing unit of not more than 700 yuan, but the carrier accepted the goods before the declaration of the shipper in writing to the prices of goods above this limit, but has been Fill in accordance with the provisions of this bill of lading, except to pay for additional freight.

 

11. Terms of Dangerous Goods (Dangerous Goods)

This provision lays down the nature of the shipper of dangerous goods must be properly declared, and marked with signs and labeling of dangerous goods, the shipper of dangerous goods, such as the nature of the prior failure to inform in writing to the carrier did not look at the packaging of goods to be marked in accordance with relevant laws and regulations, then the no shipping; otherwise, once discovered, the carrier for cargo security have the right to turn it into a harmless, abandoned or unloading, or otherwise disposed of. The shipper, the consignee fails to respond to the above requirements the shipment of dangerous goods, so that the carrier suffered any loss or damage on the shippers required the shipment of dangerous goods, when it is endangering the ship or cargo security, the carrier is still the right to turn it into a harmless, abandoned or unloading, or otherwise disposed of.

If the bill of lading provides for "Hague Rules" or "the Hague - Visby Rules" or the appropriate domestic law, they do not need to make such a provision.

 

12. Terms of cargo deck (Deck Cargo)

As the "Hague Rules" on deck cargo and live animals (Live Animal) is not considered as maritime transport of goods, which generally provides that the bill of lading, on the receipt of these goods, loading, transportation, storage and unloading of cargo by the risk , the carrier of the goods, liability for loss or damage.