背书条款29－1条海运提单范本模板案例样本 TERMS AND CONDITIONS
发布时间： 2020-03-17 13:11:17
CONDITION OF CARRIAGE
"The Company" means 此处输入公司名称
"Merchant" means and includes the shipper, the consignee, the holder of this bill of lading, and the receiver or owner of the goods.
"Holder" means any person for the time being in possession of this bill of lading to whom the property in the goods has passed on or by reason of the consignment of the goods or the endorsement of this bill of lading or otherwise.
"Container" includes any container,trailer,transportable tank,flat or pallet or any similar article used to consolidate goods.
"Hague Rules" means the provisions of the International Convention for the Unification of Certain Rules relating to Bills of Lading signed at Brussels on 25the August 1924.
"Hague visby Rules" means the Hague Rules as amended by the Protocol signed at Brussels on 23rd February 1968.
2. THE COMPANY'S LIABILITY
(a) The Company is a forwarding agent and not a carrier. The Company shall only be liable to damage to goods for damages to goods caused by willful neglect or default whilst goods are in the actual custody of the Company's servant and for no other neglect or default or other matter or thing whatsoever and howsoever arising and such liability is limited as stipulated in Clause (6) below.
(b) In particular and without lessening the generality of any other provisions herein contained:
(Ⅰ) The Company shall not be responsible for any accident or for any act neglect or default howsoever arising whether willful or otherwise on the part of its agents or those with whom it contracts in respect of the goods to be forwarded. Whether they are carriers by land, sea or air (whether shipowners lighterman canal railway or aircraft operators or others) or warehouse keepers or persons. The Company shall not be responsible for any money paid or remitted by it on behalf of the senders to any persons in respect of the goods to be forwarded. Whether for the purpose of paying duties or charges in respect of the goods or otherwise. All the general and special exemptions stated in this notices shall apply although the particular rates or charges made by the Company to the senders or persons forwarding the goods may not be identical with the amounts paid by it to such agents contractors or other persons.
(Ⅱ) The Company only forwards goods subject to the contracts, terms, conditions and regulations of the various persons companies or authorities into whose possession the goods may pass.
(Ⅲ) In no case shall the Company be responsible for any loss or damage arising to the goods where its agents or the carrier or others in whose possession the goods were at the time of such loss or damage occurring are not responsible.
3. CLAUSE PARAMOUNT In respect of the Company's responsibilities, rights, immunities, limitations of and/or exemptions from liabilities, the Hague Visby Rules shall apply.
4. WARRANTY The Merchant warrants that in agreeing to the terms hereof he is or has the authority of the person owning or entitled to the possession of the goods and this bill of lading.
5. NOTICE OF LOSS, TIME BAR
(1) Subject to any provision herein to the contrary unless notice of loss of a damage to the goods and the general nature of it be given in writing to the Company or his agent at the place of delivery before or at the time of the removal of the goods into the custody of the person entitled to delivery thereof under this bill of lading or, if the loss or damage be not then apparent, within seven consecutive days thereafter, such removal shall be prima facie evidence of the delivery by the Company of the goods described in the Bill of Lading.
(2) Subject to any provision herein to the contrary, the Company shall be discharged of all liability under this Bill of Lading unless suit is brought and written notice thereof given to the Company within nine months after delivery of the goods or the date when the goods should have been delivered which date in the case of total loss of the goods shall in the absence of evidence to the contrary be deemed to be a date two calendar months after the goods have been received for transportation.