國(guó)貿(mào)運(yùn)輸條例

1、By Joyce WangDec.,2015BY JoyceBy Joyce Wang After learning this chapter you will be able to understand the importance of ocean transportation and how liner freight is obtained know other modes of transportation in terms of their features, suitability and freight calculation be aware of the importanc

2、e of ocean bill of lading and its different types describe a range of other transportation documents stipulate delivery clause in a sales contract ObjectivesBy Joyce WangKey topicsOcean TransportationOther Modes of TransportationTransportation DocumentsShipment Clause in the Sales ContractBy Joyce W

3、angOcean transportation Rail transportationRoad transportationAir transportationInternational multimodal transportationContainer transportationModes of transportationBy Joyce WangLiner transportation （班輪運(yùn)輸/定期船運(yùn)）Charter transportation（租船運(yùn)輸）5.1 Ocean TransportationBy Joyce Wang5.1.1 Liner transportati

4、on Liner: definitiona vessel with regular sailings and arrivalssailing on a fixed (regular) sailing routecalling at fixed (regular) base portsadopting a comparatively fixed timetable charges at comparatively fixed freight ratesfreight inclusive of loading & unloading costLiner: types conference

5、liners 公會(huì)同盟班輪non-conference liners 非公會(huì)同盟班輪By Joyce WangLiner transportation By Joyce WangLiner transportation Liner Freight = basic freight rate + surcharges and additionalCalculation formula of liner freightTotal Freight = Total Quantity Basic Freight Rate (1+ Surcharge /Additional Rates) Basic Fre

6、ight Rate: quoted by the carrierBy Joyce WangLiner transportation SurchargesBunker Surcharge (bunker adjustment factor/BAF)Currency Surcharge (currency adjustment factor/CAF)Port Congestion SurchargeTransshipment SurchargePort Surcharge By Joyce WangLiner transportation AdditionalHeavy lift addition

7、al e.g. for cargo over 5 MT per unitLengthy cargo additional e.g. for cargo over 9m per unitBulky cargo additional e.g. for cargo over 6cbm per unitBy Joyce WangAdditional on optional discharging port 例例2：Destination Port: One port of Barcelona/Marseilles/Genoa at buyers option, the buyers must decl

8、are the definite port of destination to the carriers 10 days before the vessels expected time of arrival at the first discharging port and bear the optional fees thus incurred. （目的港：下列各港之一巴塞羅那（目的港：下列各港之一巴塞羅那/馬賽馬賽/熱那亞熱那亞由買方選擇并負(fù)擔(dān)選港費(fèi)用。買方應(yīng)于船舶預(yù)計(jì)由買方選擇并負(fù)擔(dān)選港費(fèi)用。買方應(yīng)于船舶預(yù)計(jì)抵達(dá)第一選卸港之前抵達(dá)第一選卸港之前10天前向承運(yùn)人宣布確定的天前向承運(yùn)人宣布

9、確定的目的港。）目的港。） By Joyce WangLiner transportation Freight calculation: IllustrationSuppose: Company A exports 1000 cases of Commodity Y to London. The volume per case is 40cm x 30cm x 20cm, and the gross weight is 30kg per case. For Commodity Y, the freight rate basis is W/M, and the Freight Tariff (C

10、hina London) is USD230, with a 10% port surcharge. How much is the total freight? By Joyce WangLiner transportation Solution:W: 30kg = 0.03 M/TM: 0.4 x 0.3 x 0.2 = 0.024 m3W M, “W” is the freight basis for the calculation of freightTotal Freight= Total Quantity Basic Freight Rate (1+ Surcharge/Addit

11、ional Rates) = 1000 cases 0.03 M/T USD230 ( 1 +10%) = USD 7590 Answer: The total freight cost is USD7590.By Joyce Wang5.1.2 Charter transportationCharacteristicsNo fixed routes No fixed timetables Freight charged on the volume of cargoSuitable for cargo of a complete shipload (e.g. bulk cargo)Typesv

12、oyage charter: hired based on a particular voyage time charter: the hire of a ship for a period of time bare boat charter: the hire of the vessel itselfBy Joyce WangCharter transportationCharter partythe contract between the ship-owner (carrier) and the charterer (shipper)Contentsthe contract partie

13、sthe ship conditions: e.g. the ships name, age, nationality, tonnage voyage: e.g. ports of shipment & destinationcharter freight division of loading & unloading costlay days, demurrage & dispatchfreight payment terms.By Joyce WangCharter transportationSpecifying loading & unloading c

14、ostFour methods:I. & O. or Liner Terms/Gross Terms: In and OutF.I. :Free In F.O.: Free OutF.I.O.: Free In and OutOr F.I.O.S.T.: Free In and Out, Stowed and TrimmedBy Joyce WangCharter transportationLay time (裝卸時(shí)間)also called lay day, is the period of time allowed to the charterer for the loading

15、 or unloading of goods without additional charge Methods of stipulationDays or running days or consecutive daysWeather working days of 24 hoursA weather working day of 24 consecutive hours.By Joyce WangCharter transportationDemurrage （滯期費(fèi)）the amount of money paid as a penalty at an agreed rate by th

16、e charterer to compensate the ship-owner for his losses in case the charterer fails to have loading and unloading completed within the lay timeDispatch （速遣費(fèi)）the amount of money paid as a bonus by the ship-owner to the charterer if they get loading and unloading done ahead of schedule. normally dispa

17、tch money = the demurrageBy Joyce WangAir TransportationRail Transportation & Road Transportation International Multimodal TransportationContainer Transportation 5.2 Other modes of transportationBy Joyce Wang5.2.1 Air TransportationTypes of air transportation scheduled airlines 班機(jī)運(yùn)輸班機(jī)運(yùn)輸chartered

18、 carriers 包機(jī)運(yùn)輸包機(jī)運(yùn)輸consolidated consignment 集中托運(yùn)集中托運(yùn)air express 航空快遞航空快遞By Joyce WangAir TransportationAir transportation freight rategeneral cargo ratesminimum chargesclass ratesspecial commodity rates By Joyce WangAir TransportationGeneral cargo ratesW: by weight (usu.1 kg as the unit)M: by measure

19、ment (usu. 6000 cm3 =1kg)W/M: by weight or by measurement, subject to the higherthe heavier, the cheaper (unit freight)e.g. 45kg draws a lineminimum freightBy Joyce WangAir TransportationAir freight: illustrationCompany A wants to send one consignment to Sydney, Australia. The goods are packed in 50

20、 cartons, each weighing 15kgs, with measurement as 50 x 40 x 30cm. The air freight rate is quoted at USD2.00/KG (W/M). How much would the total air freight cost? By Joyce WangAir TransportationSolutionW: 15 kg M: (50 x 40 x 30) /6000 = 10kgW M, so W will be adopted for the calculation of air freight

21、 Total air freight =Total Quantity Basic Freight Rate = 50 cartons15kg USD2.00 = USD1500 Answer: the total air freight cost is USD1500.By Joyce Wang5.2.2 Rail Transportation & Road Transportation Rail transportation from a dispatching station to a destination stationlarge capacity relatively hig

22、h speed punctual and economicalless prone to bad weather, butconfined to railroads, therefore less flexibleBy Joyce WangRoad Transportation Road transportation from an inland point to the sea port, airport and railway station high flexibility and distributive ability facilitating door-to-door servic

23、e ideal for cargoes in small quantities, butlimited in capacity vulnerable to high risk of pilferage and damage in transit relatively higher operation costBy Joyce Wang5.2.3 International Multimodal Transportation only one multi-modal transportation operatoronly one carriage contractone freight rate

24、 for the whole journey high operating efficiencylow operating cost short time period for cargo movementmore and more popular in shipping practiceBy Joyce Wang5.2.4 Container Transportation Definitiona method of distributing merchandise in a unitized form adopting an inter-modal systemproviding a pos

25、sible combination of sea, road and other modes of transportationFeaturesvariety in serviceinvolving one operator low risk of damage and pilferagesubstantial cost savings By Joyce WangContainer Transportation Types of containersdry cargo containerrefrigerated/reefer containertanker container car cont

26、ainerSizes of containersISO/TC104 （13 sizes of 13 series） Standard sizes (most popular)FEU 8 x 8 x 40 TEU 8 x 8 x 20 By Joyce WangContainer Transportation Types of serviceAccording to place of shipment and destinationCY to CY (Container Yard to Container Yard) CFS to CFS (Container Freight Station t

27、o Container Freight Station) DR to DR (Door to Door) DR to CFS (Door to Container Freight Station) CFS to DR (Container Freight Station to door)By Joyce WangContainer Transportation According to the capacity neededFCL 整箱裝for goods of full container loadfreight based on container capacityLCL拼箱裝for ca

28、rgo in small quantity (less than a container load)Carriers consolidating goods of different shippers to be delivered to the same destinationBy Joyce WangContainer Transportation Container freightFCL: determined mainly by the capacity of the container the place of shipment DestinationLCL: similar to

29、those of the ocean liner service W, M or W/M the distance of voyagesurcharges and additional if applicableBy Joyce WangBill of lading (B/L)Definitiona document issued by an ocean carrier to a shipper with whom the carrier has entered into a contract for the carriage of goods. Functiona receipt of ca

30、rgo an evidence of contract of carriage a document title to the goods5.3 Transportation documentsBy Joyce WangBill of lading (B/L)Contents on the face Information concerning contracted parties, full particulars of the cargo, terms of carriage contract on the back the general terms and conditionsBy J

31、oyce WangTypes of Bill of Ladingaccording to whether the goods have been loaded on board the carrying vesselshipped B/L Issued after goods shipped on board the vesselIndicating date of shipment and name of the vessel received for Shipment B/LGoods being received but not yet loaded Difficult to antic

32、ipate date of arrival, so not favorable by buyerWays of becoming Shipped B/LExchange for a Shipped B/L after goods are shipped on board Wording such as “Goods shipped on board S/S Red Star on May 10, 2011” added and signed by the carrier or the agent on the received B/LBy Joyce WangTypes of Bill of

33、Ladingaccording to the condition of the exterior packing of the received cargo clean B/L Proof that goods have been “shipped in apparent good order and condition” or “clean on board” or the likeFavored by buyers and banks for financial settlementunclean B/LMarked as “unclean”, “foul” etc.e.g. 2 case

34、s missing, 3 cartons wet, 1 case broken, cases inadequately packedUsually unacceptable to buyers and banksBy Joyce WangTypes of Bill of Ladingaccording to the address of the consigneestraight B/LMade out to a designated consigneeOnly the named consignee is entitled to the cargoNot transferableopen B

35、/LNo name of a definite consigneeThe consignee box left blank or open, or bearing the wording “To bearer” Can be transferred without endorsementHigh risk unfavorable in international tradeBy Joyce WangTypes of Bill of LadingOrder B/L Made out to the order of a named personNo definite consignee, “To

36、order” “To order of the shipper” or “To order of the consignee” insteadNegotiable and transferable，but need endorsement Special endorsement: signature of the endorser and name of the endorsee Blank endorsement: signature of the endorser but no name of the endorsee Widely used in international tradeB

37、y Joyce WangTypes of Bill of Ladingaccording to whether transshipment is involved in transit direct B/L port of shipment port of destinationPreferred by the buyertransshipment B/L port of shipment intermediate port port of destinationInvolving additional charges, longer time and higher risks in tran

38、sit, therefore unfavorable to the buyerAcceptable only when there is no direct serviceBy Joyce WangTypes of Bill of Ladingaccording to the perplexity or simplicity of the contentlong form B/L detailed shipping contract clause printed on both the face and the backShort form B/L simplified and abbrevi

39、ated no detailed shipping contract clause esp. on the back not suitable for evidence of contract of carriageBy Joyce WangTypes of Bill of Ladingaccording to the payment condition of freightfreight prepaid B/L Issued only after freight having been paid Normally suitable for Sales Contracts on trade t

40、erms (e.g. CFR/CIF ) where the seller is obliged to arrange contract of carriage and pay the freight.freight to be collected B/L Wording such as “Freight payable at destination” or “Freight to collect at destination” is indicatedNormally suitable for Sales Contracts (e.g. FOB) where contract of carr

41、iage is arranged by the seller on behalf of the buyer By Joyce WangTypes of Bill of Ladingaccording to the validityoriginal B/L Valid only after being singed by the shipping company or its agentShowing “Original” and the number of the signed originals Normally made out in a set of three originals An

42、 evidence showing the ownership of goods Presented for taking the delivery of the goods at destination, one is used, the others becomes void automaticallyCopy B/L Bearing “Copy” “Duplicate” or “Non-negotiable” Normally only used for reference or for records made out in several to be a full set of to

43、gether with the originalsBy Joyce WangTypes of Bill of LadingStale B/Lpresented later than the latest presentation date specified in the L/C or presented later than the goods arrival at the destinationUCP 600: the B/L shall be presented within 21 days after issuance, unless otherwise stipulated in t

44、he creditnecessary to add a clause that a “Stale B/L is acceptable” in the contract for short voyagesBy Joyce WangTypes of Bill of LadingAnti-dated B/Lthe shipment date shown on the bill being earlier than the actual oneissued at the request of the shipper to meet the time of shipment stipulated in

45、the creditfor the avoidance of a non-paymentconstitute a fraud By Joyce WangTypes of Bill of LadingAdvanced B/Lissued before actual loading of the goods is completed or even before the commencement of the actual loading operationissued when the time of shipment stipulated in the L/C is almost due bu

46、t the actual loading of the goods is not yet completed or the goods are not ready for shipment. issued at the request of the sellerfor the avoidance of a non-payment constitute a fraud By Joyce WangTypes of Bill of LadingOn deck B/Lindicating that the goods are stowed and shipped on deckusu. unaccep

47、table to buyer and bank unless the credit stipulates otherwisespecial arrangement for insurance is needed if applicableBy Joyce Wang5.3 Transportation documentsOther types of transportation documents Sea WaybillAir WaybillConsignment Note (Rail Waybill)Road Consignment Note Multimodal Transportation

48、 Document (MTD) By Joyce Wangtime of shipment vs. time of deliveryfor shipment contracts time of shipment = time of deliveryfor all arrival contracts time of shipment time of delivery5.4 Shipment clause in the sales contractBy Joyce WangShipment clause in contractStipulating methodsspecifying a fixe

49、d period of time or a deadlineShipment is to be made during January/February/March 2011Shipment not later than 31st July, 2011setting a time period upon receipt of paymentShipment is to be made within 30 days after receipt of the L/C. The relevant L/C must reach the seller not later than 30th June,

50、2011.By Joyce WangShipment clause in contractIssues concerning time of shipment Sufficiency in terms of availability of goodsavailability of shipping space Payment Normally L/C should arrive at least 15 days before the time of shipment to allow time for examining and modifying L/C Flexibility: avoid

51、 “shipment on May 15th”Clarityavoid wording like “Immediate shipment”, “Prompt shipment”, “Shipment as soon as possible” etc. By Joyce WangShipment clause in contractIssues concerning port of shipment and destination:close to the origin of the goodsconsidering port facilities, regulations, specific

52、transportation conditions, charges and possible sanctions.definite and specificbeing aware of different ports in the same nameBy Joyce WangShipment clause in contractPartial Shipmentthe commodities under a contract are to be shipped in more than one lotReasons for partial shipmentthe lack of means o

53、f conveyance shipping space unavailablethe limitation of loading or unloading facilities at the port of shipment or destinationthe restriction of market capacity production ability By Joyce WangShipment clause in contractPartial Shipment: relevant rules & practiceUCP600 Article 31, “transportation documents, which a