背书条款23条海运提单范本模板案例样本 TERMS AND CONDITIONS
背书条款23条海运提单范本模板案例样本 TERMS AND CONDITIONS
1. In this Bill of Lading, the following words have the following meanings:
"Carrier" means 此处输入公司名称
"COGSA" means the Carriage of Goods by Sea Act of the United States of America approved on 16 April 1936.
"Merchant" means the shipper, the consignee, and the lawful holder of this Bill of Lading.
"goods" includes goods, cargoes, wares, merchandise, and articles of every kind whatsoever (including articles of transport not supplied by or on behalf of the Carrier).
"Dangerous Goods" means the goods which are of dangerous, explosive, inflammable, radioactive and/or damaging nature.
"Hague Rules" means the International Convention for the Unification of certain Rules of Law relating to Bills of Lading signed at Brussels on 25 August 1924.
"Hague-Visby Rules" means the Hague Rules as amended by the Protocol signed at Brussels on 23 February 1968.
"Services" means any services of the Carrier provided for the Merchant e.g. carriage of goods by sea, inland waterway, land, road, rail and/or air; and/or storage, labelling, loading, unloading, packing, unpacking, consolidation, de-consolidation, collection, delivery and/or other handling of goods.
"SDR" means Special Drawing Rights as defined by the International Monetary Fund.
2.1. If at any time one or more of the terms of this Bill of Lading becomes invalid or illegal, the validity or legality of the remaining terms of this Bill of Lading shall not in any way be affected.
2.2. The Carrier shall be entitled to all the rights, immunities, exceptions and limitations conferred on the carrier or the owner of the vessel by any applicable law or legislation.
2.3. Notwithstanding any other terms to the contrary in this Bill of Lading, in the event that the owner and/or the charterer of the vessel are held by any court worldwide to be entitled to limit their liability (for any loss of and/or damage to the goods) to an amount based on any international tonnage limitation conventions or the similar national tonnage limitation laws, the Carrier's liability for the loss of and/or damage to the goods shall be limited to the same amount as aforesaid. The international tonnage limitation conventions include the Convention on Limitation of Liability for Maritime Claims 1976, and its 1996 Protocol. The similar national tonnage limitation laws include the Maritime Code of the People's Republic of China.
2.4. Carriage of goods by sea or inland waterway covers the period from the time when the goods are loaded on to the time they are discharged from the vessel. The loading takes place either when the goods pass the vessel's rail and are on board the vessel or when the vessel's tackle is attached to the goods for taking them on board. The discharge ends either when the goods pass the vessel's rail and are off the vessel or when the vessel's tackle is removed from the goods deposited quayside. As far as carriage of goods by sea or inland waterway is concerned, the Carrier's liability shall be determined by the Hague Rules or any legislation (such as COGSA) making such Rules or the Hague-Visby Rules compulsorily applicable to this Bill of Lading, and the Hague Rules or the Hague-Visby Rules shall prevail in so far as they are inconsistent with any other terms of this Bill of Lading except Clause 2.3. The limitation amount in Article IV (5) of the Hague Rules is deemed to be the nominal value of 100 pounds sterling. Article IX of the Hague Rules is deemed to be deleted. The limitation amount according to COGSA is US$500 per package or customary freight unit, unless the nature and value of the goods have been declared by the shipper before shipment and inserted in this Bill of Lading.
2.5. Regarding the responsibility and liability of the Carrier for loss of or damage to, or in connection with, the custody and care and handling of the goods prior to the loading on the vessel and subsequent to the discharge from the vessel, such shall be determined by the terms of this Bill of Lading but not by the Hague Rules nor the Hague-Visby Rules.
2.6. The Services are subject to the terms of this Bill of Lading.
2.7. In this Bill of Lading, words importing the singular include the plural and vice versa; words importing a gender include every gender.
2.8. Wherever it is provided in this Bill of Lading that notice shall be dispatched by the Carrier to the Merchant, such notice shall be deemed as having been dispatched if (i) the Carrier does not know the address, e-mail address or fax number of the Merchant or (ii) the notice cannot reach the Merchant through its address, e-mail address or fax number last known to the Carrier.
2.9. The Merchant's liability under this Bill of Lading shall be joint and several.
3.1. This Bill of Lading, if consigned to order, is negotiable and constitutes title to the goods. The holder, by endorsement of this Bill of Lading, is entitled to receive or transfer the goods.
3.2. This Bill of Lading, if consigned to a named consignee, is not negotiable.
3.3. This Bill of Lading is prima facie evidence of receipt of the goods by the Carrier. However, proof to the contrary is not admissible when this Bill of Lading has been transferred to a third party acting in good faith.
4. The Merchant warrants that:
a. all the goods have been properly and sufficiently packed, labelled and/or marked, and
b. the goods are fit and suitable for the carriage, storage and/or any other handling, and
c. the Merchant shall fully comply with the applicable laws and/or regulations of ports, Customs, and other authorities.
5.1. The Merchant shall indemnify the Carrier against all claims, liability, losses, damage, costs and/or expenses (including loss of and damage to any container and/or vessel) arising from or in connection with (i) the Carrier acting in accordance with the Merchant's instructions, (ii) a breach of warranty and/or obligation on the part of the Merchant, (iii) the inaccurate and/or insufficient information provided by the Merchant, and/or (iv) the mistake, negligence or wilful default of the Merchant, its employee, agent or contractor.
5.2. The Merchant undertakes that no claim shall be made against any employee, agent or sub-contractor of the Carrier if such claim imposes upon them any liability in connection with any Services provided by the Carrier. If any such claim should nevertheless be made, the Merchant shall indemnify the Carrier against all consequences. Every such employee, agent and sub-contractor shall have the benefit of all the terms herein benefiting the Carrier as if such terms were expressly provided for his or its benefit. For these purposes, the Carrier contracts for itself and also as agent and trustee for each such employee, agent and sub-contractor.
5.3. The Merchant shall defend, indemnify and hold harmless the Carrier from and against all claims, costs and demands whatsoever and by whomsoever made or preferred in excess of the liability of the Carrier under the terms of this Bill of Lading, and such indemnity shall include all claims, costs and demands arising from the negligence or mistake of the Carrier and from the mistake, negligence, wilful default or deliberate wrongdoing of the Carrier's employee, agent or sub-contractor.
5.4. The Merchant shall defend, indemnify and hold harmless the Carrier in respect of any General Average claim and any Salvage claim that may be made against the Carrier, and the Merchant shall provide such security as may be required by the Carrier. General Average shall be adjusted according to the York-Antwerp Rules 1974 or any amendment thereto or the York-Antwerp Rules 1994 or any modification thereof at the option of the Carrier. All goods shall be subject to a lien for General Average and/or Salvage security. If the Merchant fails to provide General Average and/or Salvage security acceptable to the Carrier within 14 days after notice has been dispatched to the Merchant's address, e-mail address or fax number last known to the Carrier, the goods may be sold by public auction or private treaty or may be disposed of at the sole discretion of the Carrier at the expense of the Merchant, and the proceeds if any (net of the expenses in connection with such sale) shall be applied in satisfaction of General Average and/or Salvage contribution. In case the Merchant does not receive the notice dispatched by the Carrier asking the Merchant to provide General Average and/or Salvage security, such shall not affect the Carrier's aforesaid right to sell or dispose of the goods. The Merchant is responsible for payment of all costs and expenses (including but not limited to storage costs and demurrage charges) being incurred when the goods are being liened for General Average and/or Salvage security.
5.5. In the event of accident, danger, damage or disaster before or after the commencement of the voyage, resulting from any cause whatsoever, whether due to negligence or not, for which or for the consequence of which, the Carrier is not responsible, by Statute, contract or otherwise, the goods, Shipper, Consignee or owners of the goods shall contribute with the Carrier in General Average to the payment of any sacrifices, losses or expenses of a General Average nature that may be made or incurred and shall pay salvage and special charges incurred in respect of the goods. If a salving vessel is owned or operated by the Carrier, salvage shall be paid for as fully as if the said salving vessel or vessels belonged to strangers. Such deposit as the Carrier, or its agent, may deem sufficient to cover the estimated contribution of the goods and any salvage and special charges thereon shall, if required, be made by the goods, Shipper, Consignee or owners of the goods to the Carrier before delivery.
5.6. If the vessel carrying the goods (the carrying vessel) collides with any other vessel (the non-carrying vessel) as a result of the negligence of both the vessels, the Merchant undertakes to defend, indemnify and hold harmless the Carrier against any liability to any other party in so far as such liability relates to any claim whatsoever made against the non-carrying vessel by the Merchant.