海運提單背面條款英文原版

1、1 1、DEFINIYIONDEFINIYION W herever the term Shipper” occurs hereinafter. It shall be deemed to includealso Receiver, Consignee. Holder of this Bill of Lading and Owner of the goods.2 2、JURISDICTIONJURISDICTION All disputes arising under and in connection with this Bill of Lading shall bedetermined b

2、y the court in the Peopl慫Republic of China.3 3、DEMISEDEMISE CLAUSECLAUSE If the ship is not owned by or chartered by demise to the corporation by whomthis Bill of Lading is issued (as may be the case notwithstanding anything that appears to thecontrary) this Bill of Lading shall take effect only as

3、a contract with the Owner or demise chartereras the case may be as principal made through the agency of the said corporation who act as agentsonly and shall be under no personal liability whatsoever in respect thereof4 4、HAGUEHAGUE RULESRULES This Bill of Lading shall have effect in respect of Carri

4、ers liabilities,responsibilles, rights and immunities subject to the Hague Rules contained in the InternationalConvention for the Unification of Certain Rules Relating to Bills of Lading 1924.5 5、PACKINGPACKING ANDAND MARKSMARKS The Shipper shall have the goods properly packed addurately and clearly

5、marked befpre shipment. The port of destination of the goods should be marked in letters of 5 cmhigh, in such a way as will remain legible until their delivery.6 6、OPTIONALOPTIONAL STOWAGESTOWAGE (1)The goods may be stowed by the Carrier in containers or similar articlesof transport used to consolid

6、ate goods (2)Goods stowed in containers other than flats, pallets,trailets, transportable tanks or similar articles of transport whether by the Carrier or the Shipper,may be carried on or under deck without notice to the Shipper. Such goods whether carried on orunder deck shall participate in genera

7、l average.7 7、DECKDECK CARGO.CARGO. PLANTSPLANTS ANDAND LIVELIVE ANIMALSANIMALS Cargo on deck, plants and live animal are received, handled,carried, kept and discharged at ShippsrorReceivers risk and the Carrier shall not be liable for loss thereof or damage thereto.8 8、FREIGHTFREIGHT (1)Freight and

8、 charges shall be deemed earned on receipt of the goods by the Carrierand shall be paid by the Shipper and non-returnable and non-deductable in any event. Freight payableat destination together with other charges is due on arrival of the goods at the place of destinationand shall be paid before deli

9、very of the goods. (2)For the purpose of verifying the freight basis,the Carrier reserves the right to have the goods and the contents of containers, trailers or similararticles of transport inspected in order to ascertain the weight, measurement, value or natureof the goods. In case the particulars

10、 of the goods furnished by the Shipper are incorrect, theShipper shall be liable and bound to pay to the Carrier a sum either five times the differencebetween the correct freight and the freight charged or to double the correct less the freight charged,whichever sum is the smaller, as liquidated dam

11、ages to the Carrier.9 9、LIENLIEN The Carrier shall have a lien on the goods and any documents relating thereto for allsums payable to the Carrier under this Bill of Lading and for general average contributions towhomsoever due and for the cost of recovering the same, and for that purpose shall have

12、the rightto sell the goods by public auction or private treaty without notice to the Shipper. If on saleof the goods, the proceeds fail to cover the amount due and the cost incurred, the Carrier shallbe entitled to recover the deficit from the Shipper.1010、TIMETIME BARBAR , , NOTICENOTICE OFOF LOSSL

13、OSS In any event the Carrier shall be discharged from all liabilitiesunder this Bill of Lading unless suit is brought within one year after the delivery of the goodsor the date when the goods should have been delivered. Unless notice of loss of or damage to thegoods and the general nature of it be g

14、iven in writing to the Carrier at the place of deliverybefore or at the time of the removal of the goods into the custody of the person entitled to deliverythereof under this Bill of Lading, or, if the loss or damage such removal shall be prima facieevidence of the delivery by the Carrier of the goo

15、ds as described in this Bill of Lading. In thecaseof any actual or apprehended loss or damage the Carrier and the Shipper shall give all reasonablefacilities to each other for inspecting and tallying the goods. When the Carrier is liable forcompensation in respect of loss of or damage to the goods,s

16、uch compensation shall be calculatedby reference to the invoice value of the goods plus freight and insurance premium of paid.(2)Notwithstanding clause 4 of this Bill of Lading the limitation of liability under the HagueRules shall be deemed to be RMB 700 per package or unit. (3)Higher compensation

17、may be claimedonly when, with the consent of the Carrier, the value for the goods declared by the Shipper whichexceeds the limits laid down in this clause has been stated in this Bill of Lading and extra freighthas been paid as required. In that case the amount of the declared value shall be substit

18、uted forthat limit. Any partial loss or damage shall be adjusted pro rata on the basis of such declaredvalue.1212、LOADINGLOADING , , DISCHARGINGDISCHARGING ANDAND DELIVERYDELIVERY T he goods shall be supplied and taken delivery of by theowner of the goods as fast as the ship can take and discharge t

19、hem, without interruption, by dayand night. Sundays and Holidays included, notwithstanding any custom of the port to the contraryand the owner of the goods shall be liable for all losses or damages incurred in default thereof.Discharge may commence without previous notice. If the goods are not taken

20、 delivery of by theReceiver in due time from alongside the vessel, or if the Receiver refuses to take delivery ofthe goods, or in case there are unclaimed goods, the Carrier shall be at liberty to land such goodson shore or any other proper places at the sole risk and expense of the Shipper or Recei

21、ver, andthe Carrier responsibility of delivery of goods shall be deemed to have been fulfilled. If thegoods 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 anyresponsib

22、ility attaching to him, sell, abandon or otherwise dispose of such goods solely at therisk and expense of the Shipper.1313、LIGHTERAGELIGHTERAGE Any lighterage in or off ports of loading or ports of discharge shall be for theaccount of the Shipper or Receiver.1414、FORWARDINGFORWARDING , , SUBSTITUTES

23、UBSTITUTE OFOF VESSELVESSEL , , THROUGHTHROUGH CARGOCARGO ANDAND TRANSHIPMENTTRANSHIPMENT If necessary, the Carriermay carry the goods to their port of destination by other persons or by rail or other means oftransport proceeding either directly or indirectly to such port, and to carry the goods or

24、partof them beyond their port of destination, and to transship and forward same at Carrier expense1111、THETHE AMOUNTAMOUNT OFOF COMPENSATIONCOMPENSATIONbut at Shippers or Receivers risk. The responsibility of the Carrier shall be limited to thepart of the transport performed by him on the vessel und

25、er his managemint.1515、DANGEROUSDANGEROUS GOODSGOODS , , CONTRABANDCONTRABAND (1)The Shipper undertakes not to tender for transortation anygoods which are of a dangerous, inflammable, radio-active,and/or any harmful mature withoutpreviously giving written notece of their nature to the Carrier and ma

26、rking the goods and thecontainer or other covering on the outside as required by any laws or regulations which may beapplicable during the carriage. (2)Whenever the goods are discovered to have been shipped withoutcomplying with the subclause(1)above or the goods are found to be contraband or prohib

27、ited by anylaws or regulations of the port of loading, discharge or call or any place or waters during thecarriage, the Carrier shall be entitled to have such goods rendered innocuous, thrown overboardor discharged or otherwise disposed of at the carrier s discretion without compensation and theShip

28、per shall be liable for and indemnify the Carrier against any kind of loss, damage or liabilityincluding loss of freight, and any expenses directly or indirectly arising out of or resultingfrom such shipment. (3)If any goods shipped complying with the subclause (1)above become a dangerto the ship or

29、 cargo, they may in like manner be rendered innocuous,thrown overboard or dischargedor otherwise disposed of at the Carrier discretion without compensation except to general average,of any.1616、REFRIGERATEDREFRIGERATED CARGOCARGO (1)The Shipper undertakes not to tender for transportation any goods w

30、hichrequire refrigeration without previously giving written notice of their nature and particulartemperayure range to be maintained. If the above requirements are not complied with, the Carriershall not be liable for any loss of or damage to the goods howsoever arising (2)Before loadinggoods in any

31、insulated space, the Carrier shall, in addition to the Class Certificate, obtain thecertificate of the Classification Societys Surveyor or other competent person, stating that suchinsulated space veyor or other competent person fit and safe for the carriage and preservationof refrigerated goods. The

32、 aforesaid certificate shall be conclusive evidence against the Shipper,Receiver and/or any Holder of Bill of Lading.(3)Receivers have to take delivery of refrigerated goods as soon as the ship is ready to deliver,otherwise the Carrier shall land the goods at the wharf at Receiver or Shippers risk a

33、nd expense.1717、TIMBERTIMBER 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 bythe Carrier as to the absence of stains, shakes, splits, holes or broken pieces, for which theCarrier accepts no responsib

34、ility.1818、BULKBULK CARGOCARGO As the Carrier has no reasonable means of checking the weight of bulk cargo, anyreference to such weight in this Bill of Lading shall be deemed tobe for reference only, but shall constitute in no way evidence against the Carrier.1919、COTTONCOTTON Description of the app

35、arent condition of cotton or cotton products does not relateto the insufficiency of or torn condition of the covering, nor to any damage resulting therefrom,and Carrier shall not be responsible for damage of such nature.2020、OPTIONALOPTIONAL CARGECARGE The port of discharge for optional cargo must b

36、e declared to the vessds agentsat the first of the optional ports not late than 48 hours before the vessels arrival there. Inthe absence of such declaration the Carrier may elect to discharge at the contract of carriageshall then be considered as having been fulfilled, Any option must be for the tot

37、al quantity ofgoods under this Bill of Lading.2121、GOODSGOODS TOTO MOREMORE THANTHAN ONEONE CONSIGNEECONSIGNEE Where bulk goods or goods without marks or goods with thesame marks are shipped to more than one Consignee, the Consignees or Owners of the goods shalljointly and severally bear any expense

38、 or loss in dividing the goods or parcels into pro rataquantities and any deficiency shall fall upon them in such proportion as the Carriers, his servantsor agents shall decide.2222、HEAVYHEAVY LIFTSLIFTS ANDAND OVEROVER LENGTHLENGTH CARGOCARGOAny one piece or package ofcargo which exceeding 2000 kil

39、os or 9 meters must be declared by theShipper in writing before receipt by the Carrier and/or length Clearly and durably on the outsideof the piece or package in letters and figures not less than 2 inches high by the Shipper. In caseof the Shippds failure in his obligations aforesaid, the Shipper sh

40、all be liable for loss of ordamage to any property or for personal injury arising as a result of the Shippers said failureand shall indemnify the Carrier against any kind of loss or liability suffered or incurred by theCarrier as a result of such failure.2323、SHIPPER-PACKEDSHIPPER-PACKED CONTAINERS.

41、ETC.CONTAINERS.ETC. (1)If a container has not been filled, packed or stowed bythe Carrier, the Carrier shall not be liable for any loss of or damage to its contents and theShipper shall cover any loss or expense incurred by the Carrier, of such loss, damage or expensehas been cause byegligent fillin

42、g,packing or stowing of the container; orthe contents being unsuitable for carriage in container;or the unsuitability or defective condition of the container unless the container has been suppliedby the Carrier and the unsuitability or defectivecondition would not have been apparent upon reasonable

43、inspection at or prior to the time whenthe container was filled, packed or stowed. (2)The provisions of the sub-clause (1) above alsoapply with respect to trailers, transportable tanks, flats and pallets which have not been filled,packed or stowed by the Carrier.2424、WAR,WAR, QUARANTINEQUARANTINE ,

44、, ICEICE , , STRIKESSTRIKES , , CONGESTIONCONGESTION , , ETC.ETC.Should it appear that war, blockade, pirate, epidemics, quarantine, ice, strikes, congestion andother causes beyond the Carri fer control would prevent the vessel from safely reaching the portof destination and discharging the goods th

45、ereat, the Carrier is entitled to discharge the goodsat the port and the contract of carriage shall be deemed to have been fulfilled. Any extra expensesincurred under the aforesaid circumstances shall be borne by the Shipper or Receiver.2525、GENERALGENERAL AVERAGEAVERAGE General average shall be adjusted in Beijing in accordance with the BeijingAdjustment Rules 1975.2626、BOTHBOTH TOTO BLAMEBLAME COLLISIONCOLLISION If the carrying ship comes into collision with another ship as aresult of the negligence of the other ship and any act, negl