海運(yùn)提單背面條款英文原版

1、1、DEFINIYION W herever the term Shipper” occurs hereinafter.lt shall be deemed to in clude also Receiver, Con sig nee. Holder of this Bill of Ladi ng and Owner of the goods.2、JURISDICTION All disputes arisi ng un der and in conn ection with this Bill of Lad ing shall be determ ined by the court in t

2、he Peop' Republic of China.3、DEMISE CLAUSE If the ship is not owned by or chartered by demise to the corporati on by whom this Bill of Ladi ng is issued (as may be the case no twithsta nding anything that appears to the con trary) this Bill of Lad ing shall take effect only as a con tract with t

3、he Owner or demise charterer as the case may be as prin cipal made through the age ncy of the said corporatio n who act as age nts only and shall be un der no pers on al liability whatsoever in respect thereof4、HAGUE RULES This Bill of Lading shall have effect in respect of Carrier' liabilities,

4、 resp on sibilles, rights and immun ities subject to the Hague Rules contained in the Intern ati onal Conven ti on for the Un ificati on of Certai n Rules Relat ing to Bills of Lad ing 1924.5、PACKING AND MARKS The Shipper shall have the goods properly packed addurately and clearly marked befpre ship

5、me nt. The port of dest in atio n of the goods should be marked in letters of 5 cm high, in such a way as will rema in legible un til their delivery.6、OPTIONAL STOWAGE (1)The goods may be stowed by the Carrier in containers or similar articles of tran sport used to con solidate goods (2)Goods stowed

6、 in containers other tha n flats, pallets, trailets, tran sportable tanks or similar articles of tran sport whether by the Carrier or the Shipper, may be carried on or un der deck without no tice to the Shipper. Such goods whether carried on or un der deck shall participate in gen eral average.7、DEC

7、K CARGO. PLANTS AND LIVE ANIMALS Cargo on deck, plants and live ani mal are received, han dled, carried, kept and discharged at Shipperor Receiver'srisk and the Carrier shall not be liable for loss thereof or damage thereto.8、FREIGHT (l)Freight and charges shall be deemed earned on receipt of th

8、e goods by the Carrier and shall be paid by the Shipper and non-retur nable and non-deductable in any eve nt. Freight payable at dest in ati on together with other charges is due on arrival of the goods at the place of dest in ati on and shall be paid before delivery of the goods. (2)For the purpose

9、 of verifying the freight basis, the Carrier reserves the right to have the goods and the contents of contain ers, trailers or similar articles of tran sport in spected in order to ascerta in the weight, measureme nt, value or n ature of the goods. In case the particulars of the goods furni shed by

10、the Shipper are in correct, the Shipper shall be liable and bound to pay to the Carrier a sum either five times the differe nee betwee n the correct freight and the freight charged or to double the correct less the freight charged, whichever sum is the smaller, as liquidated damages to the Carrier.9

11、、LIEN The Carrier shall have a lien on the goods and any documents relating thereto for all sums payable to the Carrier un der this Bill of Lad ing and for gen eral average con tributi ons to whomsoever due and for the cost of recoveri ng the same, and for that purpose shall have the right to sell t

12、he goods by public auct ion or private treaty without no tice to the Shipper. If on sale of the goods, the proceeds fail to cover the amount due and the cost in curred, the Carrier shall be en titled to recover the deficit from the Shipper.10、TIME BAR , NOTICE OF LOSS In any eve nt the Carrier shall

13、 be discharged from all liabilities un der this Bill of Lad ing uni ess suit is brought with in one year after the delivery of the goods or the date whe n the goods should have bee n delivered. Uni ess no tice of loss of or damage to the goods and the gen eral n ature of it be give n in writ ing to

14、the Carrier at the place of delivery before or at the time of the removal of the goods into the custody of the pers on en titled to delivery thereof un der this Bill of Lad ing, or, if the loss or damage such removal shall be prima facie evide nee of the delivery by the Carrier of the goods as descr

15、ibed in this Bill of Lading. In the caseof any actual or apprehe nded loss or damage the Carrier and the Shipper shall give all reas on able facilities to each other for in spect ing and tally ing the goods.11、THE AMOUNT OF COMPENSATION(1)When the Carrier is liable forcompe nsati on in respect of lo

16、ss of or damage to the goods,such compe nsati on shall be calculated by refere nee to the inv oice value of the goods plus freight and in sura nee premium of paid.(2)Notwithsta ndi ng clause 4 of this Bill of Lad ing the limitatio nof liability un der the Hague Rules shall be deemed to be RMB¥

17、700 per package or un it. (3)Higher compe nsatio n may be claimed only whe n, with the consent of the Carrier, the value for the goods declared by the Shipper which exceeds the limits laid dow n in this clause has bee n stated in this Bill of Lad ing and extra freight has bee n paid as required. In

18、that case the amount of the declared value shall be substituted for that limit. Any partial loss or damage shall be adjusted pro rata on the basis of such declared value.12、LOADING , DISCHARGING AND DELIVERY T he goods shall be supplied and take n delivery of by the owner of the goods as fast as the

19、 ship can take and discharge them, without in terruptio n, by day and ni ght. Sun days and Holidaysin cluded, no twithsta nding any custom of the port to the con trary and the owner of the goods shall be liable for all losses or damages in curred in default thereof. Discharge may comme nee without p

20、revious no tice. If the goods are not take n delivery of by the Receiver in due time from alon gside the vessel, or if the Receiver refuses to take delivery of the goods, or in case there are un claimed goods, the Carrier shall be at liberty to land such goods on shore or any other proper places at

21、the sole risk and expe nse of the Shipper or Receiver, and the Carri' resp on sibility of delivery of goods shall be deemed to have bee n fulfilled. If the goods are un claimed duri ng a reas on able time, or wherever the goods will become deteriorated, decayed or worthless, the Carrier may, at

22、his discreti on and subject to his lie n and without any resp on sibility attachi ng to him, sell, aba ndon or otherwise dispose of such goods solely at the risk and expe nse of the Shipper.13、LIGHTERAGE Any lighterage in or off ports of loading or ports of discharge shall be for the acco unt of the

23、 Shipper or Receiver.14、FORWARDING , SUBSTITUTE OF VESSEL , THROUGH CARGO AND TRANSHIPMENT If necessary, the Carrier may carry the goods to their port of desti nati on by other pers ons or by rail or other means of tran sport proceedi ng either directly or in directly to such port, and to carry the

24、goods or part of them bey ond their port of desti nati on, and to tran sship and forward same at Carri' expe nse but at Shipper's or Receiver'srisk. The resp on sibility of the Carrier shall be limited to the part of the tran sport performed by him on the vessel un der his man agem int.1

25、5、 DANGEROUS GOODS , CONTRABANDThe Shipper undertakes not to ten der for tran sortati on any goods which are of a dan gerous, in flammable, radio-active,a nd/or any harmful mature without previously giving writte n no tece of their n ature to the Carrier and marking the goods and the container or ot

26、her coveri ng on the outside as required by any laws or regulati ons which may be applicable duri ng the carriage. (2)Whenever the goods are discovered to have been shipped without compl ying with the subclause(1)above or the goods are found to be con traba nd or prohibited by any laws or regulati o

27、ns of the port of loadi ng, discharge or call or any place or waters duri ng the carriage, the Carrier shall be en titled to have such goods ren dered inno cuous, throw n overboard or discharged or otherwise disposed of at the carrier "sdiscreti on without compe nsati on and the Shipper shall b

28、e liable for and indemnify the Carrier aga inst any kind of loss, damage or liability in clud ing loss of freight, and any expe nses directly or in directly aris ing out of or result ing from such shipme nt. (3)If any goods shipped compl ying with the subclause (1)above become a dan ger to the ship

29、or cargo, they may in like manner be ren dered inno cuous,throw n overboard or discharged or otherwise disposed of at the Carri' discreti on without compe nsati on except to gen eral average, of any.16、REFRIGERATED CARGO (1)The Shipper undertakes not to tender for tran sportati on any goods whic

30、h require refrigerati on without previously givi ng writte n no tice of their n ature and particular temperayure range to be maintain ed. If the above requireme nts are not complied with, the Carrier shall not be liable for any loss of or damage to the goods howsoever aris ing (2)Before load ing goo

31、ds in any in sulated space, the Carrier shall, in additi on to the Class Certificate, obtai n the certificate of the Classificati on Society'Surveyor or other compete nt pers on, stati ng that suchin sulated space veyor or other compete nt pers on fit and safe for the carriage and preservati on

32、of refrigerated goods. The aforesaid certificate shall be con elusive evide nee aga inst the Shipper, Receiver an d/or any Holder of Bill of Lad ing. (3)Receivers have to take delivery of refrigerated goods as soon as the ship is ready to deliver, otherwise the Carrier shall la nd the goods at the w

33、harf at Receiv' or Shipper's risk and expe nse.17、 TIMBERAny statement in this Bill of Lading to the effect that timber has been shipped in apparent good order and condition does not invoIve any admission bythe Carrier as to the abse nee of sta ins, shakes, splits, holes or broke n pieces, f

34、or which the Carrier accepts no resp on sibility.18、BULK CARGO As the Carrier has no reaso nable mea ns of checki ng the weight of bulk cargo, any refere nee to such weight in this Bill of Ladi ng shall be deemed tobe for refere nee only, but shall con stitute in no way evide nee aga inst the Carrie

35、r.19、 COTTONDescription of the apparent eondition of cotton or cotton products does not relate to the in sufficie ncy of or torn eon diti on of the coveri ng, nor to any damage result ing therefrom, and Carrier shall not be resp on sible for damage of such nature.20、OPTIONAL CARGE The port of discha

36、rge for optional cargo must be declared to the vessesage nts at the first of the opti onal ports not late tha n 48 hours before the vesselsarrival there. In the abse nee of such declarati on the Carrier may elect to discharge at the eon tract of carriage shall the n be eon sidered as hav ing bee n f

37、ulfilled, Any opti on must be for the total qua ntity of goods un der this Bill of Ladi ng.21、GOODS TO MORE THAN ONE CONSIGNEE Where bulk goods or goods without marks or goods with the same marks are shipped to more tha n one Con sig nee, the Con sig nees or Owners of the goods shall join tly and se

38、verally bear any expe nse or loss in dividi ng the goods or parcels into pro rata qua ntities and any deficie ncy shall fall upon them in such proporti on as the Carriers, his serva nts or age nts shall decide.22、HEAVY LIFTS AND OVER LENGTH CARGOAnyone piece orpackage of cargo which exceedi ng 2000

39、kilos or 9 meters must be declared by the Shipper in writi ng before receipt by the Carrier an d/or len gth Clearly and durably on the outside of the piece or package in letters and figures no t less tha n 2 in ches high by the Shipper. In case of the Shippes failure in his obligations aforesaid, th

40、e Shipper shall be liable for loss of or damage to any property or for pers onal injury aris ing as a result of the Shipper'said failure and shall indemnify the Carrier aga inst any ki nd of loss or liability suffered or in curred by the Carrier as a result of such failure.23、SHIPPER-PACKED CONT

41、AINERS.ETC.(1)lf a con tai ner has not bee nfilled, packed or stowed by the Carrier, the Carrier shall not be liable for any loss of or damage to its contents and the Shipper shall cover any loss or expe nse in curred by the Carrier, of such loss, damage or expe nse has bee n cause byeglige nt filli

42、 ng,pack ing or stow ing of the container; orthe contents being un suitable for carriage in container; or the un suitability or defective con diti on of the container uni ess the container has bee n supplied by the Carrier and the un suitability or defective con diti on would not have bee n appare n

43、t upon reas on able in spect ion at or prior to the time whe n the container was filled, packed or stowed. (2)The provisi ons of the sub-clause (1) above also apply with respect to trailers, tran sportable tan ks, flats and pallets which have not bee n filled, packed or stowed by the Carrier.24、WAR,

44、 QUARANTINE , ICE , STRIKES , CONGESTION , ETC.Should it appear that war, blockade, pirate, epidemics, quara ntin e, ice, strikes, con gesti on and other causes bey ond the Carrier con trol would preve nt the vessel from safely reach ing the port of dest in ati on and dischargi ng the goods thereat,

45、 the Carrier is en titled to discharge the goods at the port and the con tract of carriage shall be deemed to have bee n fulfilled. Any extra expe nses in curred un der the aforesaid circumsta nces shall be borne by the Shipper or Receiver.25、 GENERAL AVERAGEGeneral average shall be adjusted in Beijing in accorda nee with the Beiji ng Adjustme nt Rules 1975.26、BOTH TO BLAME COLLISION If the carrying ship comes into collision with ano ther ship as a result of the n eglige nee of the other ship and any act, n eglect or default in the n avigatio n or th