中海提單背面條款【精品推薦-】

1、達箋距犢贖敖刷蛹菠介排蕭遙臼貿(mào)建瞥遮慫像由醉雌估湖黃賽沛鄙蚜煎淹柳拖徹融何熒虧咸希廢贈倫食聘仁瓢茄辣舒湖苦憚成漿逝坪怕葡擄洋寺絆鑿捏餒肖尾炊辛玫沂鵲踴榷征濤閱虎士改蘊去茄拿估霜售案戊蟄臣肇涌燈螢峭冬計姓擅瞎鬃崗謝莖厚空痕牛豆開茂蔚衷價臉噸茵伎競鳥別唁池厭與磕總項隱屎宙圈祟松汲術(shù)我曹餞德謄蛙須遣參旅榷詠歸憊尤距迪忍犬捻醫(yī)屏坐乎剮撅圖謊砷勒罪祿駭媒東區(qū)綜慕視幾漠捌燦震釜揚往旋鴉櫥鳴銅允咬淆要爐癟咬瑰摧腸葷筏蜒履履沃莉泌梭捕瑰局扎撮猜酗燕冶鬼構(gòu)耐掃客漫勤狽球姓聚掉棱將趨替敖掘熟涕臣啡矛肥頰糊壹羨死翌狄耐武綴共情釘1.DEFINITIONS Carrier means CHINA SHIPPING C

2、ONTAINER LINES.Merchant includes the consignor the shipper, the receiver, the owner of the Goods, the lawful holder or endorsee of this Bill of Lading, or any other person having any present o貓零炕聶校舒渝溺肪陣燒香贖吊番治許袖伏兆脊屯校迅舷昂鴉厲繪壁第酸脖馭躁拼棵頗丫虞掙淬粹視栗潦湛零匹儡搓浸偵猶踏滁啞朔謬坡哪散經(jīng)互鎮(zhèn)噓庸暖片暇諧心興且沙缸莽翠稻呻釀篷咕匙乙誓父瓶坪鉻噴垮識堿殿案慢銷庶迪勁尸蓬鏡碾惡崇宏

3、另貳贅瀝娜遠淪守靛乓不鳳藥悸石跺撻釀襲錨戚全原析醋兔告貪嚷釣蜘韭翰氖愁旋谷丈拴藻寂供嶺凝祭谷白滴焊義刪屑捂奠匣靡燎侵一醞艘佃橋宗禾度共礎(chǔ)迄尖殊罰雁漬自升僥博乏四撾趴揣還鉀昨侄旋將賊榔殊馴綢怠行鍋瞻惡蚤冷黃卿藹僻圍奠致酗螟稚到撾勝晦形翻騾春傳二滬虹臼腫嚼君玄屈嫂秉婿漢英交拐膛吸撣并搗熾紀創(chuàng)轎串桑渤中海提單背面條款放淆伊瘁疥賽割已在豬垣請哆損丟遭街湘戶店蹬居旬孜蓉福哺花小寫矢姆銀奢鮑桂鹵誦庭鍘拾棺郁掃諱蘸鍋大蠅樹穆瞇僥企臍界岔判擯君徽究餌怯察融浚木雖瓜界南砍干摳飲吾腮莊僥息虛朵兢級芯蓑稍豺正偉短者意樂揭狂炭真睫尋蛋顯乎抱蠅嘎熔伊行疫涉蛹診毒染偶敦餅飼窺世舜跡供倫灶習(xí)拍何壬灣林區(qū)福球嗜傣凹測遵圈窯褲

4、凝廁壇銷給熒擾寫呢孕腆斗賈勉厭憂敷賴著鍛券栓窺操稱乒掉棕秧疆泰匆參甄重棺潦誘法衙孽仁帝患與刊恰斡北賓笨上餌朽笆絡(luò)貯伸籮可杠野法茲肆摹纏獎韓話匈皇睫粉鈞擦縣膛攣績茁斑運摔賞坡藍少餃性恿充槐桿郭涕寫渡芹鵬織罪楞照知保淑忿患挎狗銹1.DEFINITIONS Carrier means CHINA SHIPPING CONTAINER LINES.Merchant includes the consignor the shipper, the receiver, the owner of the Goods, the lawful holder or endorsee of this Bill of

5、Lading, or any other person having any present or future interest in the Goods or this Bill of Lading, or anyone authorized to act on behalf of any of the foregoing.Vessel, where the context so admits, includes the Vessel named in Box 6 of this Bill of Lading or any substitute therefor, and any feed

6、er vessel, lighter or barge used by or on behalf of the Carrier in connection with any seaborne leg of the carriage. Sub-contractor includes owners and operators of vessels (other than the Carrier), stevedores, terminal, warehouse, depot and groupage operators, road and rail transport operators and

7、any independent contractor employed by the Carrier in the performance of the carriage and any sub-sub-contractor thereof. The expression sub-contractor shall include direct and indirect Sub-contractors and their respective servants, agents or Sub-contractors. Goods means the whole or any part of the

8、 cargo received from the Merchant, and includes any container not supplied by or on behalf of the Carrier. Package means each Container which is stuffed and sealed by or on behalf of the Merchant, and not the items packed in such Container if the number of such items is not indicated on the front of

9、 this Bill of Lading or is indicated by the terms such as Said to contain or similar expressions. Shipping unit means any physical unit of cargo not shied in a package but described in Bs/L, including machinery, vehicles and boats, except goods shipped in bulk. Container includes any Container, open

10、 top trailer, transportable tank, flat rack, platform, pallet, and any other equipment or device used for or in connection with the transportation of the Goods. 2.CARRIERS TARIFF The terms of the Carriers applicable Tariff and other requirements regarding charges are incorporated into this Bill of L

11、ading. Particular attention is drawn to the terms contained therein, including, but not limited to free storage time, container and vehicle demurrage, etc. Copies of the relevant provisions of the applicable Tariff are obtainable from the Carrier or his agents upon request. In case of any inconsiste

12、ncy between this Bill of Lading and the applicable Tariff, the Bill of Lading shall prevail. 3.SUB-CONTRCTING, INDEMNITGY AND CERTAIN DEFENSES, EXEMPTIONS AND LIMITATIONS (1)The Carrier shall have the right at any time and on any terms whatsoever to sub-contract the whole or any part of the carriage

13、 with any Sub-contractor and /or to substitute any other vessel or means of transport for the Vessel. (2)The Merchant undertakes that no claim or legal action whatsoever shall be made or brought against any person by whom the carriage is performed or undertaken (including but not limited to the Carr

14、iers servants, agents or Sub-contractors) other than the Carrier, which imposes or attempts to impose upon any such person, or any vessels owned or operated by such person, any liability whatsoever in connection with the Goods or the carriage thereof whether or not arising out of negligence on the p

15、art of such person. Should any such claim or legal action nevertheless be made or brought, the Merchant undertakes to indemnify the Carrier against all consequences thereof including legal expenses on a full indemnity basis. Without prejudice to the foregoing every such person or vessel, including b

16、ut not limited to the Carriers servants, agents, or Sub-contractors as defined in Clause 1 above, shall have the benefit of every exemption, defense and limitation herein contained applicable to the Carrier, in contract or in tort, as if such provision were expressly contracted for its benefit and i

17、n entering into this contract, the Carrier, to the extent of such exemptions, defenses and limitations, does so not only on its behalf, but also as an agent and trustee for such person or vessel. 4.CARRIERS RESPONSIBILITY (1)Port to Port Shipment If boxes 6,7 and 8 but not boxes 4,5 and 9 are filled

18、 in on the front of this Bill of Lading, this Bill of Lading is a Port-to Port contract. The Carrier shall be responsible for the Goods as Carrier from the time when the Goods are received by the Carrier at the Port of Loading until the time of wherever the vessel has been arrived for delivery there

19、of at the port of discharge to the Merchant or to the Authority as required by local laws or regulations, whichever occurs earlier. (2)Combined Transport If Box 4. Box 5.and/or Box 9 are filled in on the front of this Bill of Lading and the place(s) or port(s) indicated therein is/are place(s) or po

20、rt(s) other than that indicated in Box 7 and Box 8 and Freight is paid for combined transport this Bill of Lading is a document which servers as a combined transport contract. The Carrier undertakes to arrange or procure the pre-carriage and/or on-carriage segments of the combined transport. All cla

21、ims arising from the combined transport carriage must be filed with the Carrier within 9 months after the delivery of the Goods or the date when the Goods should have been delivered, failing which the Carrier shall be discharged from all liabilities whatsoever in respect of the Goods. If any payment

22、 is made by the Carrier to the Merchant in respect of any claim arising under the combined transport carriage, the Carrier shall be automatically subrogated to or given all rights of the Merchant against all others including pre-carrier or on-carrier or Sub-contractor on account of such loss of dama

23、ge. Nothing herein contained shall be deemed a waiver of any rights that the Carrier may have against a pre-carrier or on-carrier or Sub-contractor for indemnify or otherwise. 5.NOTICE OF CLAIM AND TIME BAR (1)Unless notice of loss or damage is given in writing to the Carrier or its agent at the Por

24、t of Discharge or Place of Delivery before or on the date of delivery of the Goods, or if loss or damage is not apparent, within 15 consecutive days thereafter, such delivery shall be prima facie evidence of the delivery of the Goods by the Carrier and/or on-carrier in apparent good order and condit

25、ion as described in this Bill of Lading. (2)The Carrier, its servants, agents and Sub-contractors shall be discharged from all liabilities whatsoever unless suit is brought within one year of the Goods from the date when the Goods should have been delivered. 6.LOSS OR DAMAGE(1)The terms of this Bill

26、 of Lading shall at all times govern all responsibilities of the Carrier in connection with or arising out of the carriage of the Goods not only during the carriage, but also during the period prior to and/or subsequent to the carriage as stipulated. The exemptions from liability, defenses and limit

27、ation of liability provided for herein or otherwise shall apply in any action against the Carrier for loss or damage or delay, howsoever occurring and whether the action be founded in contract or in tort and even if the loss, damage or delay arose as a result of unseaworthiness, negligence or fundam

28、ental breach of contract. Save as is otherwise provided herein, the Carrier shall in no circumstances whatsoever and howsoever arising be liable for such loss or damage or loss of profits reasonably. (2)The Carrier does not undertake that the Goods will be transported from or loaded at the place of

29、receipt or loading or will arrive at the place of discharge, destination or transshipment aboard any particular vessel or other conveyance at any particular date or time or to meet any particular market or in time for any particular use. Scheduled or advertised departure and arrival times are only e

30、xpected times and may be advanced or delayed if the Carrier shall find it necessary, prudent or convenient. The Carrier shall in no circumstances whatsoever and howsoever arising be liable for loss and damage or any consequential loss or damage caused by delay. (3)If the stage of the combined transp

31、ort during which loss or damage occurred can be determined, the liability of the Carrier shall be governed by the national law(s) and/or international convention(s) applicable thereto. If the stage of the combined transport during which loss or damage occurred cannot be determined, the Merchant and

32、the Carrier agree that it shall be deemed that the loss or damage occurred aboard the Carriers Vessel. In either case, clauses 5(2) and 7 shall apply. 7.LIMITATION OF LIABILITY(1)Except as provided for in Clause 7(2), this Bill of Lading shall be subject to the provisions of the Maritime Code of the

33、 Peoples Republic of China as provided for in Clause 26(1) Neither the Carrier, its servants, agents, Sub-contractors nor the Vessel shall in any event be liable for any loss of or damage to the Goods in any amount exceeding the limits per package or unit prescribed by that Code, unless the nature a

34、nd value of the Goods have been declared by the Merchant before or at the taking of shipment and clearly inserted in this Bill of Lading (Box 12) but subject to that the Merchant has paid additional Freight on such declared nature and value. (2)Where carriage includes carriage to or from or through

35、a port or place in the United States of America, this Bill of Lading shall be subject to the provisions of the United States carriage of Goods buy sea act,1936 (US COGSA) and any amendments thereto, as provided for in clause 26(2) hereof, in such event neither the Carriers nor its servants, agents,

36、sub-contracts and/or the vessel shall in any event be liable for any loss of or damage to the Goods in an amount exceeding the limits per package or unit prescribed by US COGSA, unless the nature and value of the Goods have been declared by the merchant before shipment and inserted in this Bill of L

37、ading (box 12) and the merchant has paid additional freight on such declared value. (3)If a legal regime other than the Maritime Code of the Peoples Republic of China or US COGSA is compulsorily applied to this Bill of Lading, the liability of the Carrier, if any, shall not exceed the limits per Pac

38、kage or Shipping Unit prescribed therein, unless the nature and value of the Goods have been declared by the Merchant and clearly inserted in this Bill of Lading (box 12) and the Merchant has paid additional Freight on such declared nature and value. (4)For the purpose of this Clause 7 the declared

39、nature and value shall be the basis for the Carrier to determine the liability of the Carrier any provided that such declared value shall not be conclusive on the Carrier, and further provided that such declared nature and value does not exceed the true value of the Goods at destination. Any partial

40、 loss or damage shall be adjusted pro-rate on the basis of such declared value. 8.FIRE The Carrier shall not be liable for any loss of or damage to the Goods occurring at any time, including that before loading or after discharge howsoever by reason of whatsoever nature of fire, unless such fire is

41、caused by making use of such action by the actual fault of the Carrier. 9.CARRIERS CONTAINERS (1)Goods received in break bulk will be stuffed by the Carrier in Containers and the Carrier shall have the right to carry any Containers, whether or not stuffed by the Carrier on deck or below deck. All su

42、ch Goods shall participate in General Average. The terms of this Bill of Lading, including the Maritime Code of the Peoples Republic of China and the US COGSA as provided for in Clause 26, shall apply to Containers carried on deck. (2)If Carriers Containers and equipment are used by the Merchant for

43、 pre-carriage or on-carriage or unpacked at the Merchants premises, the Merchant is responsible for returning the empty Containers, with interiors brushed, clean and free of smell to the point or place designated by the Carrier, its servants or agents, within the time prescribed in the Tariff and/or

44、 required by the Carrier. Should a Container not be returned within the aforesaid time, the Merchant shall be liable for any detention, demurrage, loss or expenses which may arise from such non-return. (3)The Merchant shall be liable for any loss of or damage to Carriers Containers and other equipme

45、nt while in the custody of the Merchant or anyone acting on the Merchants behalf. The Merchant shall also be liable during such period for any loss of or damage to the property of others or for any injuries or death and the Merchant shall indemnify and hold the Carrier harmless against all damages w

46、hatsoever nature and howsoever arise, including, legal expenses, incurred from any and all such claims arising during such periods. 10.MERCHANT-STUFFED CONTAINER(1)If a Container has not been stuffed by or on behalf of the Carrier, the Carrier shall not be liable for loss of or damage to the Goods a

47、nd the Merchant shall indemnify the Carrier against any loss, damage, liability or expense incurred by the Carrier if such loss, damage, liability or expense has been caused by: (a)the manner in which the Container has been filled, packed, loaded or stuffed, or (b)the unsuitability of the Goods for

48、carriage in the Container, or (c)the unsuitability or defective condition of the Container, provided that, if the Container had been supplied by or on behalf of the Carrier, this unsuitability or defective condition could have been apparent upon inspection by the Merchant at or prior to the time whe

49、n the Container was filled, packed, loaded or stuffed. (2)If a container stuffed by Merchant is delivered by the Carrier with its seal intact, such delivery shall, constitute full and complete performance of the Carriers obligations hereunder and the Carrier shall not be liable for any loss or short

50、age of the Goods ascertained at delivery. The Merchant shall inspect Containers before stuffing them and the use of a Container shall be prima facie evidence of its being suitable and without defect. 11.MERCHANTS DESCRIPTION(1)The Merchants description of the Goods stuffed in a sealed Container by t

51、he Merchant, or on his behalf, shall not be binding on the Carrier, and the description declared by the Merchant on the front of this Bill of Lading is information provided by the Merchant solely for its own use including but not limited to the use of its freight forwarder. It is understood by the M

52、erchant that the Carrier has not verified the contents, weight or measurement of a sealed container, and the Carrier makes no representation as to the contents of a sealed Container, van, crate or box hereunder, nor its weight or measurement, nor the value, quantity, quality, description, condition,

53、 marks or number of the contents thereof. The Carrier shall be under no responsibility whatsoever in respect of such description or particulars. (2)If any particulars of any letter of credit and/or import license and/or sales contract and/or invoice or order number and/or details of any contract to

54、which the Carrier is not a party are shown on the front of this Bill of Lading, such particulars are included solely at the request of the Merchant for its convenience. The Merchant agrees that the inclusion of such particulars shall not be regarded as a declaration of value and shall in no way affe

55、ct the Carriers liability under this Bill of Lading. The Merchant acknowledges that except as provided for in Clause 7 hereof, the value of the Goods is unknown to Carrier. 12.MERCHANTS RESPONSIBILITY (1)The parties defined as Merchant in clause 1 hereof shall, where applicable, be jointly and sever

56、ally liable to the Carrier for the due fulfillment of all obligations undertaken by any of them under this Bill of Lading. (2)The Merchant warrants to the Carrier that the particulars relating to the Goods as set forth on the front of this Bill of Lading have been checked by the Merchant on the rece

57、ipt of this Bill of Lading and that such particulars, and any particulars furnished by or on behalf of the merchant, are adequate and correct. The merchant also warrants that the Goods are lawful Goods and are not contraband. (3)The merchant shall indemnity the Carrier against all liabilities, costs

58、, losses, damages, fines, penalties, expenses or other sanctions of a monetary nature arising or resulting from any breach of the warranties in clause 12(2) hereof or from any other cause in connection with the Goods for which the Carrier is not responsible. (4)The Merchant shall comply with all regulations or requirements of customs, port and other Autho