Port to Port Bill of Lading (as Carrier B/L)
SHIPPED on board the Goods, or the total number of Containers or other packages or units enumerated below (*) in apparent external good order and condition except as otherwise noted for transportation from the Port of Loading to the Port of Discharge subject to the terms hereof.
One of the original Bills of Lading must be surrendered duly endorsed in exchange for the Goods or Delivery Order unless otherwise provided herein.
In accepting this Bill of Lading the Merchant expressly accepts and agrees to all its terms whether printed, stamped or written, or otherwise incorporated, notwithstanding the non-signing of this Bill of Lading by the Merchant.
IN WITNESS whereof the number of original Bills of Lading stated below have been signed, one of which being accomplished, the other(s) to be void.
(Terms of Bill of Lading continued on the back hereof)
1. DEFINITIONS
“Carrier” means Mitsui O.S.K. Lines, Ltd., on whose behalf this Bill of Lading has been issued.
“Merchant” includes the Shipper, Holder of this Bill of Lading, Consignee, Receiver of the Goods, any Person owning or entitled to the possession of the Goods or of this Bill of Lading and anyone acting on behalf of any such Person.
“Person” includes an individual, group, company or other entity.
“Sub-Contractor” includes owners and operators of Vessels and space providers on Vessels (other than the Carrier), stevedores, terminal and groupage operators, any independent contractor directly or indirectly employed by the Carrier in performance of the Carriage, their respective servants and agents, and anyone assisting the performance of the Carriage. “indemnify” includes defend, indemnify and hold harmless.
“Goods” means the whole or any part of the cargo received from the Shipper and includes any equipment or Container not supplied by or on behalf of the Carrier.
“Container” includes any container, trailer, transportable tank, flat or pallet and any equipment thereof or connected thereto.
“Carriage” means the whole or any part of the operations and services undertaken by the Carrier in respect of the Goods under this Bill of Lading.
“loading” commences with the hooking on the vessel’s tackle or, if not using the vessel’s tackle, with the receipt of the Goods on deck or hold, or in case of bulk liquids in the vessel’s tank.
“discharge” is completed when the Goods are freed from the vessel’s tackle or, if not using the vessel's tackle, taken from deck or hold, or the vessel’s tank.
“Freight” includes all charges payable to the Carrier in accordance with the applicable Tariff and this Bill of Lading.
“Hague Rules” means the provisions of the International Convention for the Unification of Certain Rules relating to Bills of Lading signed at Brussels on 25th August, 1924 and includes the amendments by the Protocol signed at Brussels on 23rd February, 1968, and the amendments by the Protocol signed at Brussel on 21st December, 1979, but only if such amendments (hereinafter collectively called ‘the Visby Amendments’) are compulsorily applicable to this Bill of Lading (It is expressly provided that nothing in this Bill of Lading shall be construed as contractually applying Visby Amendments).
“Port of Loading” means a port or place so named overleaf.
“Port of Discharge” means a port or place so named overleaf or any other port or place where the Goods are discharged from the Vessel in accordance with Clause 6 or discharged from the Vessel as a disposal in accordance with Clause 20 or 21(c).
“Vessel” means the Ocean vessel named overleaf and includes vessel, ship, craft, lighter or other means of transport by sea or water which is or shall be substituted, in whole or in part, for the vessel named on the face hereof.
2. CARRIER’S TARIFF
The terms of the Carrier’s applicable Tariff are incorporated herein. Copies of the relevant
provisions of the applicable Tariff are obtainable from the Carrier upon request. In the case of inconsistency between this Bill of Lading and the applicable Tariff, this Bill of Lading shall prevail.
3. LIMITATION STATUTES
Nothing in this Bill of Lading shall operate to limit or deprive the Carrier of any statutory protection or exemption or limitation of liability authorized by any applicable laws, statutes or regulations of any country.
4. SUB-CONTRACTING AND INDEMNITY
(1) The Carrier shall be entitled to sub-contract the Carriage on any terms whatsoever.
(2) The Merchant undertakes that no claim or allegation shall be made against any servant, agent or Sub-Contractor of the Carrier which imposes or attempts to impose upon any of them, or upon any vessel owned or operated by any of them, any liability whatsoever in connection with the Goods, and, if any such claim or allegation should nevertheless be made, to indemnify the Carrier against all consequences thereof. Without prejudice to the foregoing, every such servant, agent and Sub-Contractor shall have the benefit of all provisions herein benefiting the Carrier as if such provisions were expressly for their benefit; and in entering into this contract, the Carrier, to the extent of those provisions, does so not only on its own behalf, but also as agent and trustee for such servants, agents and Sub-Contractors.
(3) The provisions of Clause 4(2) including but not limited to the undertakings of the Merchant contained therein, shall extend to claims or allegations of whatsoever nature against other Persons chartering space on the carrying Vessel.
5. CARRIER'S RESPONSIBILITY
(1) Clause Paramount
This Bill of Lading shall have effect subject to the provisions of the Hague Rules Article 1- 8 inclusive unless it shall be adjudged that any national law making the Hague Rules effective is compulsorily applicable, then this Bill of Lading shall have effect subject to the provisions of such national law, and the Hague Rules or such national law shall be deemed to be incorporated herein, and nothing herein contained shall be deemed a surrender by the Carrier of any of its rights or immunities or an increase of any of its responsibilities or liabilities under the Hague Rules or such national law. If any terms of this Bill of Lading be repugnant to the Hague Rules or such national law to any extent, such terms shall be null and void to that extent but no further.
(2) Period of Responsibility
The Carrier shall not be liable in any capacity whatsoever for any loss or damage to the Goods occurring before loading onto the Vessel at the Port of Loading or after discharge from the Vessel at the Port of Discharge, whether awaiting shipment, landed or stored or put into craft, barge, lighter or otherwise belonging to the Carrier or not or pending transhipment at any stage of the Carriage.
(3) Contribution of liability
Where loss or damage is caused partly by a cause for which the Carrier is liable and partly by a cause for which the Carrier is not liable, the Carrier shall be liable only for the portion of the loss or damage proved by the Merchant to have been produced by the cause for which the Carrier is liable.
(4) Hague Rules Limitation
If the Hague Rules are applicable by national law, the liability of the Carrier shall in no event exceed the limit provided in the applicable national law. If the Hague Rules are applicable otherwise than by national law, the liability of the Carrier shall in no event exceed 100 pounds sterling per package or unit.
(5) Ad Valorem
Higher compensation may be claimed only when, with the consent of the Carrier, the value for the Goods declared by the Shipper which exceeds the limits laid down in this Clause has been stated in the declared value box on the face of this Bill of Lading and, if applicable, the ad valorem freight has been paid. In 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.
(6) Delay and Consequential Damages
The Carrier does not undertake that the Goods shall arrive at the Port of Discharge at any particular time or to meet any particular market or use, and the Carrier shall in no circumstances be liable for delay or for any indirect or special or consequential loss or damage incurred by the Merchant.
(7) Notice of Loss or Damage and Time-bar
Unless notice of loss or damage to the Goods and general nature of it be given in writing to the Carrier at the Port of Discharge at the time of the delivery of the Goods in accordance with Clause 6 or if the loss or damage is not apparent, within three days thereafter, the Goods shall be deemed to have been delivered as described herein. In any event the Carrier and the Vessel shall be discharged from all liability in any capacity whatsoever for any loss or damage to the Goods, unless suit is brought within one year after the delivery of the Goods or the date when the Goods should have been delivered. Suit shall not be deemed brought until jurisdiction shall have been obtained over the Carrier by service of process or by an agreement to appear.
(8) Scope of Application
(a)Save as otherwise expressly provided herein, the Carrier shall not be liable in any circumstances or in any capacity whatsoever for any loss or damage, howsoever arising out of or in connection with the Carriage or supply of the Container.
(b) The terms of this Bill of Lading shall govern the relations between the Carrier and the Merchant in respect of the Carriage, whether a Bill of Lading is issued or not.
(9) Defences, Limits, and Indemnities
The defences and limits of liability provided for in this Bill of Lading shall apply in any action against the Carrier for loss or damage to the Goods, whether the action be founded in contract or in tort.
(10) NVOCC
If this Bill of Lading is accepted by a non vessel operating common carrier (NVOCC), who has in turn made other contracts of carriage with third parties, the said NVOCC hereby;
(a) undertakes that no claim or allegation in respect of the Goods shall be made against the Carrier by any Person other than in accordance with the terms hereof which imposes or attempts to impose upon the Carrier or any vessel owned or operated by the Carrier any liability whatsoever in connection with the Goods, whether or not arising out of negligence on the part of the Carrier, and if any such claim or allegation should nevertheless be made, to indemnify the Carrier against all consequences thereof, and
(b) warrants that all bills of lading or other documents recording the contracts of carriage issued by him in respect of the Goods shall incorporate the terms of this Bill of Lading including the law and jurisdiction clause, and agrees to indemnify the Carrier, his servants, agents and Sub-contractors against all consequences of his failing so to incorporate.
(11) HAMBURG RULES
(a) Notwithstanding the terms of Clause 28 herein if proceedings are brought before the courts of a Contracting State to the United Nations Convention on the Carriage of Goods by Sea 1978 (the Hamburg Rules) or the courts of any State whose national legislation makes the Hamburg Rules effective and if such courts adjudge the Hamburg Rules or such national legislation to be compulsorily applicable to this Bill of Lading, then in those circumstances only shall this Bill of Lading take effect subject to the Hamburg Rules or such national legislation and any term of this Bill of Lading derogating therefrom to the detriment of the Merchant shall be void to that extent but no further.
(b) In any event the Carrier shall be entitled to contest enforcement of any judgement made in a Contracting State to the Hamburg Rules in any proceedings before courts in a Non-Contracting State.
6. DELIVERY
(1) The Goods may be discharged from the Vessel without notice of arrival or discharge, as soon as the Vessel is ready to do so and continuously Sundays and holidays included, at all such hours by day or by night as the Carrier may determine, no matter what the state of the weather or custom of the port may be. Irrespective of any agreements for the direct delivery of the Goods from the Vessel’s tackle or hold to the Merchant, the Carrier is hereby authorized by the Merchant to discharge the Goods onto a wharf, quay and into lighters, barges, craft or
warehouse selected by the Carrier. If the Carrier makes a special agreement to deliver the Goods at a specified dock or wharf, it is mutually agreed that such agreement shall be construed to mean that the Carrier is to make such delivery only if, in the sole judgment of the Carrier, the Vessel can safely under her own power, proceed to, lie at, and return from the said dock or wharf, always afloat at any time of tide and only if such dock or wharf is available for the Vessel to discharge immediately and that otherwise the Goods shall be discharged at any other place in accordance with the preceding provisions of this Clause, whereupon the Carrier's responsibility shall cease. In any case the Carrier’s responsibility shall cease at the time when the Goods are discharged from the Vessel and in any case all risks and expenses (including expenses for landing, lighterage, storage, cartage, port charges, etc.) incurred after discharge from the Vessel shall be borne by the Merchant, notwithstanding any custom of the port to the contrary. The Goods shall in any event be considered to be delivered to the Merchant at his own risk and expense in every respect when taken into the custody of customs or other authorities.
(2) Optional delivery shall be only granted when arranged prior to the Carriage and so expressly provided herein. The Merchant desiring to avail himself of the option so expressed must give notice in writing to the Carrier at the first Port of the Vessel’s call named in the option at least 48 hours prior to the Vessel’s arrival there, otherwise the Goods shall be landed at any of the optional ports at the Carrier’s option and the Carrier’s responsibility shall then cease.
(3) If the Goods be unclaimed within 30 days after discharge from the Vessel, or if in the opinion of the Carrier they are likely to deteriorate, decay, become worthless or incur charges whether for storage or otherwise in excess of their value, they may, at the Carrier’s discretion and subject to the Carrier’s lien, be sold, abandoned or dealt with otherwise, solely at the risk and expense of the Merchant. The Carrier shall not be required to give any notice of disposition of the Goods under this Clause.
7. AGENCY
(1) Where on the face of this Bill of Lading any place of destination is shown and is different from the Port of Discharge, the Carrier shall not be liable in any capacity whatsoever for loss, damage or delay of or to the Goods after discharge from the Vessel at the Port of Discharge. In these circumstances when making arrangements with a Person or carrier for or in connection with transhipping or forwarding of the Goods to any place of destination other than the Port of Discharge, the Carrier acts as agent only for the Merchant and the Merchant shall indemnify the Carrier for all charges and expenses therefor. The Carrier agrees to arrange transhipment of Goods to the place nominated in the column ‘for transhipment to’ overleaf on such condition.
(2) Where on the face of this Bill of Lading a local vessel has been named and this Bill of Lading has been issued at a place different from the Port of Loading, the statements herein as to shipment and the Goods shall be construed as relating exclusively to the time when and place where the Goods were loaded onto the named local vessel. In arranging for the carriage of the Goods to the Port of Loading by the named local vessel the Carrier shall be acting solely as the agent of the Merchant.
In these circumstances the Carrier shall not be liable in any capacity whatsoever for loss, damage or delay of or to the Goods before the loading at the Port of Loading onto the Vessel.
(3) If, for any reason, the Carrier is denied the right to act as agent only as mentioned in (1) or (2) above, his liability for loss, damage or delay of or to the Goods shall be determined in accordance with this Bill of Lading.
8. MERCHANT-PACKED CONTAINERS
If a Container has not been packed or filled by or on behalf of the Carrier:
(1)The Carrier shall not be liable for loss or damage to the Goods and the Merchant shall indemnify the Carrier against any loss, damage, liability or expense incurred by the Carrier, if such loss, damage, liability or expense has been caused by;
(a) the manner in which the Container has been packed or filled, or
(b) the unsuitability of the Goods for the Carriage in the Containers, or
(c) the unsuitability or defective condition of the Container which would have been apparent upon reasonable inspection by the Merchant at or prior to the time when the Container was
filled or packed.
(2) The stuffing of the Container by the Merchant shall be prima facie evidence that the Container was sound and suitable for use and the Merchant agrees that he will return the Carrier's Container in the same condition as received. Any loss or damage caused to the Container supplied by the Carrier while in the possession of the Merchant is for the account of
the Merchant.
(3) If the Container is discharged from the Vessel at the Port of Discharge with seals intact, such discharge shall be deemed as full and complete performance of the Carrier's obligation hereunder and the Carrier shall not be liable for any loss or damage to the Goods.
9. INSPECTION OF GOODS
(1) The Carrier shall be entitled, but under no obligation, to open any Container or package at
any time and to inspect, reweigh, remeasure, revalue or repack the Goods without notice to
the Merchant.
(2) If Clause 9(1) applies or if by order of the authorities at any place, a Container or package
has to be opened, the Carrier will not be liable for any loss or damage incurred as a result of
any opening, unpacking, inspection, reweighing, remeasurement, revaluation or repacking. The Merchant shall indemnify the Carrier for the cost of all measures taken as above.
10. DESCRIPTION OF GOODS
(1) This Bill of Lading shall be prima facie evidence of the receipt by the Carrier in apparent external good order and condition except as otherwise noted of the total number of Containers
or packages (for the Goods not shipped in or on Container(s)) or the Goods (for the Goods in bulk or in liquid).
(2) No representation is made by the Carrier as to the weight, contents, measure, quantity, quality, description, condition, marks, numbers or value of the Goods and the Carrier shall be under no responsibility whatsoever in respect of such description or particulars.
(3) If any particulars of any Letter of Credit and/or Import Licence and/or Sale Contract and/or Invoice or Order Number and/or details of any contract to which the Carrier is not a party are shown on the face of this Bill of Lading, such particulars are included solely at the request of the Merchant for his convenience. The Merchant acknowledges that except when
the provisions of Clause 5(5) apply, the value of the Goods is unknown to the Carrier, and
that the inclusion of such particulars shall not be regarded as a declaration of value and in no way increases the Carrier's liability under this Bill of Lading. The Merchant further agrees to indemnify the Carrier against all consequences of including such particulars in this Bill of Lading.
11. MERCHANT'S RESPONSIBILITY
(1) All of the Persons coming within the definition of Merchant in Clause 1 shall be jointly
and severally liable to the Carrier for the due fulfillment of all obligations of the Merchant in
this Bill of Lading.
(2) The Merchant warrants to the Carrier that the particulars relating to the Goods as set out overleaf have been checked by the Merchant on receipt of this Bill of Lading and that such particulars and any other particulars furnished by or on behalf of the Shipper are accurate and correct. The Merchant also warrants that the Goods are lawful goods and contain no contraband, are adequately packed and prepared for shipment, and will not cause loss, damage
or expenses to the Carrier, the Vessel, or to any other cargo during the Carriage.
(3) Unless agreed to the contrary by the Carrier, the Merchant shall warrant and ensure that each piece or package tendered for shipment shall have any appropriate lifting rings, bolts, lashing or fixing points, cross bars or frames to ensure safe and proper handling on loading, stowage and discharge.
(4) The Merchant shall indemnify the Carrier against all loss, damage and expenses arising or resulting from any breach of any of the warranties in Clause 11 (2) and (3) hereof or from any other cause whatsoever in connection with the Goods, unless the Merchant proves that the Carrier is responsible for them.
(5) The Merchant shall comply with all regulations or requirements of customs, port and other authorities, and shall bear and pay all duties, taxes, fines, imposts, expenses or losses incurred
or suffered by reason of any failure to so comply, or by reason of any illegal, incorrect or
insufficient marking, numbering or addressing of the Goods, and shall indemnify the Carrier in respect thereof.
12. FREIGHT
(1) Freight shall be deemed fully earned on receipt of the Goods by the Carrier, whether the Goods are lost or not, and shall be paid and non-returnable in any event.
(2) The Merchant’s attention is drawn to the stipulations concerning currency in which the Freight is to be paid, rate of exchange, devaluation and other contingencies relative to Freight in the applicable Tariff.
(3) Freight has been calculated on the basis of particulars furnished by or on behalf of the Merchant. If the particulars furnished by or on behalf of the Merchant are incorrect, it is agreed that a sum equal to double the correct Freight less the Freight charged shall be payable as liquidated damages to the Carrier, provided that the Carrier’s Tariff does not stipulate otherwise.
(4) All Freight shall be paid to the Carrier by the Merchant in cash without any set-off, counter claim, deduction or stay of execution either at or prior to the time agreed for payment or at latest before delivery of the Goods.
(5) The Merchant shall be liable to the Carrier for the payment of all Freight and/or expenses including but not limited to court costs, legal fee and expenses incurred in collecting monies due to the Carrier. Payment of the Freight to a freight forwarder, broker or anyone other than the Carrier or its authorized agent shall not be deemed payment to the Carrier and shall be made at the Merchant's sole risk.
13. LIEN
The Carrier shall have a lien on the Goods and any documents relating thereto for all sums payable to the Carrier under this contract and for general average contributions, to whomsoever due. The Carrier shall also have a lien against the Merchant on the Goods and any documents relating thereto for all sums due from the Merchant to the Carrier under any other contract. For recovering any sums due, the Carrier shall have the right to sell the Goods by public auction or private sale, without notice to the Merchant. In any event any lien shall extend to cover the cost of recovering any sums due. The lien shall survive delivery of the Goods.
14. STOWAGE AND DECK CARGO
(1) The Goods may be packed by the Carrier in Containers.
(2) The Goods packed in Containers (other than flats or pallets) whether by the Carrier or the Merchant, may be carried on or under deck without notice to the Merchant. All such Goods whether carried on deck or under deck shall participate in general average and such Goods (other than live animals) shall be deemed to be within the definition of the Goods for the purposes of the Hague Rules.
(3) Notwithstanding Clause 14(2), Goods which are stated herein to be carried on deck are carried without responsibility on the part of the Carrier for loss or damage of whatsoever nature arising during the Carriage by sea whether caused by unseaworthiness or negligence or any other cause whatsoever.
(4) Goods stowed in poop, forecastle, deckhouse, shelter deck, passenger space, storeroom, bunker space, or any other covered space shall be deemed to be stowed under deck for all purposes, including general average. The Merchant agrees that the Goods need not be stowed under deck and that they may be stowed on deck unless the Shipper informs the Carrier in writing before delivery of the Goods to the Carrier that under deck stowage is required.
15. VALUABLE GOODS
The Carrier shall not be liable to any extent for loss or damage to platinum, gold, silver, jewellery, radioisotopes, precious metals, precious stones, precious chemicals, bullion, specie, currency, securities, negotiable instruments, writings, documents, pictures, embroideries, works of art, curios, heirlooms, collections of every nature or any other valuable Goods whatsoever including Goods having particular value only for the Merchant, unless the true nature and value thereof have been declared in writing by the Shipper before the Carriage and inserted in this Bill of Lading, and unless ad valorem freight shall have been fully prepaid
thereon in accordance with Clause 5(5).
16. HEAVY LIFT
Single piece or package exceeding 4,000 lbs. in weight shall be declared in writing by the Shipper before the Carriage and the weight be clearly and durably marked on the outside of the piece or package. The Merchant shall be liable for, and shall indemnify the Carrier in respect of any expense, loss or damage to the Carrier, Vessel or cargo or any Person arising from Shipper's failure, inadequacy or incorrectness in connection with such declaration and/or marking, or from any defects, whether latent or not, or inadequacies or faults in the lifting rings, bolts or other similar devices, if any.
17. LIVE ANIMALS
Live animals are carried without responsibility on the part of the Carrier for any accident, injury, illness, death, loss or damage arising at any time whether caused by unseaworthiness or negligence or any other cause whatsoever. The Merchant shall indemnify the Carrier against any claim, loss, damage or expense arising in consequence of the Carriage of live animals.
18. IRON AND STEEL
The term ‘apparent external good order and condition’ when used in this Bill of Lading with reference to iron, steel or metal products does not mean that the Goods, when received, are free of visible rust or moisture. If the Merchant so requests, a substitute Bill of Lading will be issued omitting the above definition and setting forth any notation as to rust or moisture which may appear on the mates' or tally clerks' receipts.
19. METHODS AND ROUTES OF CARRIAGE
(1) The Carrier may at any time and without notice to the Merchant:
(a) use any means of carriage whatsoever,
(b) transfer the Goods from one conveyance to another, including transshipping or carrying them on a different vessel from that named overleaf,
(c) unpack and remove the Goods which have been packed into a Container and forward them in a Container or otherwise,
(d) proceed by any route in his discretion (whether or not the nearest or most direct or customary or advertised route) and proceed to or stay at any place or port whatsoever, once or more often and in any order,
(e) load and unload the Goods at any place or port (whether or not such port is named overleaf as the Port of Loading or Port of Discharge) and store the Goods at any such place or port, (f) comply with any orders or recommendations given by any government or authority, or any Person acting or purporting to act as or on behalf of such government or authority, or having under the terms of any insurance on any conveyance employed by the Carrier the right to give orders or directions,
(g) permit the Vessel to proceed with or without pilots, to tow or be towed, or to be dry-docked, loaded or not.
(h) comply with the custom or practice of any port or place, whether legal, factual or commercial, whether prevailing locally, nationally, or internationally, and whether the Merchant personally knows of the custom or practice with regard to receiving, loading, stowing, keeping, carrying, discharging, and/or delivering Goods and in particular, the Carrier shall be entitled to give delivery of the Goods without surrender of an original Bill of Lading in those jurisdictions where such practice is recognized whether by custom or law. Compliance with such customs or practice shall be deemed to be proper performance of the contract of carriage hereunder.
(2) The liberties set out in Clause 19(1) may be invoked by the Carrier for any purpose whatsoever, whether or not connected with the Carriage including loading or unloading other goods, bunkering, undergoing repairs, adjusting instruments, picking up or loading any persons and assisting vessels in all situations. Anything done in accordance with Clause 19(1) or any delay arising therefrom shall be deemed to be within the Carriage and shall not be a deviation.
20. CARRIAGE AFFECTED BY CONDITION OF GOODS
If it appears at any time that, due to their condition, the Goods cannot safely or properly be carried or carried further, either at all or without incurring any additional expense or taking any measure(s) in relation to the Container or the Goods, the Carrier may without notice to the Merchant (but as his agent only) take any measure(s) and/or incur any additional expense to carry or to continue the Carriage thereof, and/or store them ashore or afloat, under cover or in the open, at any place, whichever the Carrier, in his absolute discretion, considers most appropriate. Furthermore, the Carrier shall be entitled with or without notice to the Merchant to abandon the Goods whether in store or not or to effect a sale or disposal of the Goods as may be necessary or appropriate. Subject to Clause 5 (2) the Carrier’s liability shall cease upon such abandonment, storage, sale or disposal. The Merchant shall indemnify the Carrier against any additional expense so incurred.
21. MATTERS AFFECTING PERFORMANCE
If at any time the Carriage is or is likely to be affected by any hindrance, risk, delay, difficulty or disadvantage of any kind and howsoever arising (even though the circumstances giving rise to such hindrance, risk, delay, difficulty or disadvantage existed at the time this contract was entered into or the Goods were received for the Carriage), the Carrier (whether or not the Carriage is commenced) may, without prior notice to the Merchant and at the sole discretion of the Carrier, either:
(a) Carry the Goods to the named Port of Discharge by an alternative route to that indicated in this Bill of Lading or that which is usual for Goods consigned to that Port of Discharge (If the Carrier elects to invoke the terms of this Clause 21(a), then notwithstanding the provisions of Clause 19 hereof, he shall be entitled to charge such additional Freight as the Carrier may determine); or
(b) Suspend the Carriage of the Goods and store them ashore or afloat upon the terms of this Bill of Lading and endeavour to forward them as soon as possible, but the Carrier makes no representations as to the maximum period of suspension (If the Carrier elects to invoke the terms of this Clause 21(b) then he shall be entitled to such additional Freight as the Carrier may determine); or
(c) Abandon the Carriage of the Goods and place the Goods at Merchant’s disposal at any place or port which the Carrier may deem safe and convenient, whereupon the responsibility of the Carrier in respect of such Goods shall cease. The Carrier shall nevertheless be entitled to full Freight on the Goods received for Carriage, and the Merchant shall pay any additional costs of the Carriage to, and delivery and storage at, such place or port. If the Carrier elects to use an alternative route under Clause 21(a) or to suspend the Carriage under Clause 21(b) this shall not prejudice his right subsequently to abandon the Carriage.
22. DANGEROUS GOODS
(1) The Merchant undertakes not to tender for transportation any Goods which are of a dangerous, inflammable, radio-active, or damaging nature without previously giving written notice of their nature to the Carrier and marking the Goods and the Container or other covering on the outside as required by any laws or regulations which may be applicable during the Carriage.
(2) If the requirements of Clause 22 (1) are not complied with, the Goods may, at any time or place, be unloaded, destroyed, or rendered harmless without compensation and the Merchant shall indemnify the Carrier against all loss, damage or expenses arising out of the Goods being tendered for transportation or handled or carried by the Carrier. Further, the Carrier shall be under no liability to make any general average contribution in respect of such Goods.
(3) Whether or not the Merchant or the Carrier is aware of the nature of such Goods, the Merchant shall indemnify the Carrier against all claims, loss, damage or expenses arising in consequence of the Carriage of such Goods.
23. MARKING
Each piece or package shall be clearly and durably marked or stamped by the Merchant before loading in letters and numbers not less than two inches high, together with the name of port of discharge and such marks shall correspond to the marks inserted in this Bill of Lading and otherwise the Carrier shall not be liable for delay in or failure of delivery in accordance with
marks. In no circumstances will the Carrier accept responsibility for delivery in accordance with other than leading marks. Goods which cannot be identified as to leading marks, Goods out of or separated from their Containers or packages, cargo sweepings, liquid residue and any unclaimed Goods not otherwise accounted for shall be allocated for completing delivery to the various consignees of goods of like character, in proportion to any apparent shortage, loss of weight or damages and such Goods or parts thereof shall be accepted as good delivery. Loss or damage to Goods in bulk without separation from other Goods in bulk of like quality, shipped by either the same or another Shipper, shall be divided in proportion among such several shipments. If any bagged or baled Goods are discharged slack or torn, the Merchant shall accept its proportion of the sweepings. The Carrier shall not be responsible for loss of weight in bags or bales torn, mended or with sample holes.
24. NOTIFICATION
Any mention in this Bill of Lading of parties to be notified of the arrival of the Goods is solely for information of the Carrier, and failure to give such notification shall not involve the Carrier in any liability nor relieve the Merchant of any obligation hereunder.
25. AMENDED JASON CLAUSE AND BOTH-TO-BLAME COLLISION
(The amended Jason Clause)
In the event of an 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, and the Merchant shall jointly and severally contribute with the Carrier in general average to the payment of any sacrifices, loss 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 in the same manner as if the said salving vessels belonged to strangers. (Both to Blame Collision clause)
If the (carrying) Vessel comes into collision with another ship as a result of the negligence of the other ship and any act, neglect or default in the navigation or the management of the carrying Vessel, the Merchant undertakes to pay the Carrier, or, where the Carrier is not the owner and in possession of the carrying Vessel, to pay to the Carrier as trustee for the owner and/or demise charterer of the carrying Vessel, a sum sufficient to indemnify the Carrier and/or the owner and/or demise charterer of the carrying Vessel against all loss or liability to the other or non carrying ship or her owners in so far as such loss or liability represents loss or damage to his Goods or any claim whatsoever of the Merchant, paid or payable by the other or non-carrying ship or her owners to Merchant and setoff, recouped or recovered by the other or non-carrying ship or her owners as part of their claim against the carrying Vessel or her owner or demise charterer or the Carrier. The foregoing provisions shall also apply where the owners, operators, or those in charge of any ship or ships or objects other than, or in addition to, the colliding ships or objects are at fault in respect of a collision or contact stranding or other accident.
26. GENERAL AVERAGE & SALVAGE
(1) Any general average on a Vessel operated by the Carrier shall be adjusted according to the
York/Antwerp Rules of 1994 (or at the election of the Carrier, either York/Antwerp Rules 1974 as amended in 1990 or York/Antwerp Rules 2004) thereof at any port or place and in any currency at the option of the Carrier. Any general average on a Vessel not operated by the Carrier (whether a seagoing or inland waterways Vessel) shall be adjusted according to the requirements of the operator of that Vessel. In either case the Merchant shall give such cash deposit or other security as the Carrier may deem sufficient to cover the estimated general average contribution of the Goods before delivery if the Carrier requires, or, if the Carrier does not so require, within three months of the delivery of the Goods, whether or not at the time of delivery the Merchant had notice of the Carrier's lien.
The Carrier shall be under no obligation to exercise any lien for general average contribution due to the Merchant.
(2) All expenses in connection with a general average or salvage act to avoid damage to the
environment always to be considered general average expenses.
(3) If salvage services are rendered to the Vessel and the Goods then, as soon as requested to
do, the Merchant shall provide salvage security in the amount and in the form requested
by the salvor or shall provide counter security to the Carrier if the Carrier has provided
security to the salvor on behalf of the Merchant. In the event of any failure to provide
security promptly the Merchant shall indemnify the Carrier for all loss, damage and
expenses, including consequential loss caused by delay, suffered by the Carrier.
27. FIRE AND NUCLEAR INCIDENT
(a) The Carrier shall not be responsible for any loss or damage to the Goods arising or
resulting from fire occurring at anytime, unless caused by the actual fault or privity of the
Carrier.
(b) The Carrier shall not be responsible for any loss or damage to the Goods arising or
resulting from nuclear incident occurring at any time, unless caused solely by personal willful misconduct of the Carrier.
28. LAW AND JURISDICTION
The contract evidenced by or contained in this Bill of Lading shall be governed by Japanese
law except as may be otherwise provided for herein.
Unless otherwise agreed, any action against the Carrier thereunder must be brought exclusively before the Tokyo District Court in Japan. Any action by the Carrier to enforce
any provision of this Bill of Lading may be brought before any court of competent jurisdiction at the option of the Carrier.
29. VARIATION OF THE CONTRACT
Any agreement for or in connection with the Carriage of the Goods is superseded by this Bill
of Lading. No servant or agent of the Carrier shall have the power to waive or vary any of
the terms of this Bill of Lading unless such waiver or variation is in writing and is specifically
authorized or ratified in writing by the Carrier.
30. VALIDITY
In the event that anything herein contained is inconsistent with any applicable international convention or national law which cannot be departed from by private contract, the provisions
hereof shall be null and void to the extent of such inconsistency but no further.
31. WAIVER
Non-performance or delay by the Carrier in exercising its rights for any period of time under
this Bill of Lading shall not be a waiver of any of the Carrier's rights.
32. US CLAUSE PARAMOUNT
(1)If the Carriage covered by this Bill of Lading includes Carriage to or from a port or place
in the United States of America, this Bill of Lading shall be subject to the United States
Carriage of Goods by Sea Act 1936 (US COGSA), the terms of which are incorporated herein
and shall govern throughout the entire time during which the Goods are in the actual custody
of the Carrier. Neither Clause 5(1), the Hamburg Rules nor the Visby Amendments shall
apply to the Carriage to or from the United States.
(2 )If US COGSA applies as (1) above, neither the Carrier, nor the Vessel shall, in any event,
be or become liable for any loss or damage to or in connection with the Goods in an amount
exceeding $500.00 per package, lawful money of the United States, or in case the Goods not
shipped in packages, per customary freight unit unless the value of the Goods has been
declared and inserted in the declared value box on the face hereof, in which case Clause 5(5)
shall apply.
海运单与提单的区别 海运单(SeaWaybill)，又称海上运送单或海上货运单，它是"承运人向托运人或其代理人表明货物已收妥待装的单据，是一种不可转让的单据，即不须以在目的港揭示该单据作为收货条件，不须持单据寄到，船主或其代理人可凭收货人收到的货到通知或其身份证明而向其交货"(引自1978年9月联合国欧洲经济委员会《Recommendation》) 海运单与提单的区别和联系 1、提单是货物收据、运输合同、也是物权凭证，海运单只具有货物收据和运输同这两种性质，它不是物权凭证。 2、提单可以是指示抬头形式，通地背书流通转让：海运单是一种非流能性单据，海支单上标明了确定的收货人，不能转让流通。 3、海运单和提单都可以作成"已装船(Shippedonboard)形式，也可以是"收妥备运"(Receivedforshipment)形式。海运单的正面积各栏目格式和缮制方法与海运单提单基本相同，只是海运单收货人栏不能做成指示性抬头应缮制确定的具体收货人。 4、提单的合法持有人和承运人凭提单提货和交货，海运单上的收货人并不出示海运单，仅凭提货通知或其身份证明提货，承运人凭收货人出示适当身份证明交付货物。 5、提单有全式和简式提单之分，而海运单是简式单证，背面不列详细货运条款但载有一条可援用海运提单背面内容的条款。 6、海运单和记名提单(StraightB/L)，虽然都具名收货人，不作背书转让，但它们有着本质的不同，记名提单属于提单的一种，是物权凭证，持记名提单，收货人可以在提货却不能凭海运单提货。 使用海运单的好处 海运单仅涉及托运人、承运人、收货人三方，程序简单，操作方便，有利于货物的转移。 首先，海运单是一种安全凭证，它不具有转让流通性，可避免单据遗失和伪造提单所产生的后果。 其次，提货便捷、及时、节省费用，收货人提货无须出示海运单，这既解决了近途海运货到而提单未到的常见问题，又避免了延期提货所产生的滞期费、仓储费等。 再次，海运单不是物权凭证，扩大海运单的使用，可以为今后推行EDI电子提单提供实践的依据和可能。 海运单的使用 1、跨国公司的总分公司或相关的子公司间的业务往来。 2、在赊销或双方买方付款作为转移货物所有以的前提条件，提单已失去其使用意义。 3、往来已久，充分信任，关系密切的伙伴贸易间的业务/ 4、无资金风险的家用的私人物品，商业价值的样品。 5、在短途海运的情况下，往往是货物先到而提单未到，宜采用海运单。 海运单的不足及解决办法 海运单在实践中也存在着一些问题，为此，国际海事委员会制订并通过了《海运单统一规则》。
空运提单的背面条款及其依据 提单的背面条款及其依据：在全式(LONGTERM)正本提单的背面，列有许多条款，其中主要有： 定义条款(DEFINITIONCLAUSE)--主要对“承运人”，“托运人”等关系人加以限定。 管辖权条款(JURISDICTIONCLAUSE)--指出当提单发生争执时，按照法律，某法院有审理和解决案件的权利。 责任期限条款(DURATIONOFLIABILLITY)--一般海运提单规定承运人的责任期限从货物装上船舶起至卸离船舶为止。集装箱提单则从承运人接受货物至交付指定收货人为止。 包装和标志(PACKAGESANDMARKS)--要求托运人对货物提供妥善包装和 正确清晰的标志。如因标志不清或包装不良所产生的一切费用由货方负责。运费和其他费用(FREIGHTANDOTHERCHARGES)--运费规定为预付的， 应在装船时一并支付，到付的应在交货时一并支付。当船舶和货物遭受任何灭失或损失时，运费仍应照付，否则，承运人可对货物及单证行使留置权。自由转船条款(TRANSHIPMENTCLAUSE)--承运人虽签发了直达提单，但 由于客观需要仍可自由转船，并不须经托运人的同意。转船费由承运人负担，但风险由托运人承担，而承运人的责任也仅限于其本身经营的船舶所完成的那段运输。 错误申报(INACCURACYINPARTICULARSFURNISHEDBYSHIPPER)--承 运人有权在装运港和目的港查核托运任申报的货物数量，重量，尺码与内容，如发现与实际不符，承运人可收取运费罚款。 承运人责任限额(LIMITOFLIABILITY)--规定承运人对货物灭失或损坏所造
Received in apparent good order and condition unless otherwise indicated herein, the goods, or the container(s) o package(s) said to contain the goods described herein for transportation from the place of receipt or the port of loading to the place of delivery or the port of discharge to be carried subject to the terms and conditions hereof. One of the original bill of lading duly endorsed must be surrendered in exchange for the goods or delivery order. In accepting this bill of lading, the merchant agrees to be bound by all the stipulations, exceptions, terms and conditions on the face and back hereof. Whether written, typed, stamped or printed as fully as if signed by the merchant any local custom or privilege to the contrary notwithstanding. In witness whereof the number of original bills of lading stated below have been signed, one of which being accomplished the other(s) to be void. See terms on reverse 承运人已收到符合提单规定的表面状况良好的货物（除本提单另有说明），此货物为承运人接收运输货物一栏所示的全部货物或据称内装相应货物的集装箱或其它货物包装，将从货物接收地或装船港运往卸货港或货物交付地并受本提单的所有条款之约束。货方必须向承运人提交一份经适当背书的正本提单，以换取货物或提货单。 货方接受本提单，即意味着明确接受并同意（如同已签署）本提单正面与背面的所有条款与条件，不论是手写、打印、签章或是印刷的，即使有与此相反的当地习惯和特权也不例外。 兹证明承运人或其代理人已按本提单底部所示的提单份数签发提单，等其中一份正本完成提货任务后，其它各份提单即行失效。 提单条款续背页 Received in apparent good order and condition except as otherwise noted the total number of containers of packages or units enumerated below (*) for transportation from the place of receipt to the place of delivery subject to the terms hereof. One of the original bill of lading must be surrendered duly endorsed in exchange for the goods or delivery order. On presentation of this document (duly endorsed) to the carrier by or on behalf of the holder, the rights and liabilities arising in accordance with the terms hereof shall (without prejudice to any rule of common law of statute rendering them binding on the merchant) become binding in all respects between the carrier and the holder as though the contract evidenced hereby had been made between them. In witness whereof the number of original bills of lading stated below have been signed one of which being accomplished the others to be void. See terms on reverse 兹收到外表状况和条件良好（除本提单另有说明）的下述总数集装箱或其他包装或单位的货物，依据本提单所列条款和条件，从收货地运往交货地。货方必须向承运人提交一份经适当背书的正本提单，以换取货物或提货单。提单持有人或其代表向承运人提交经背书的提单时，依照本提单条款的条件而产生的权利和义务，在不损害普通法或成文法中约束货方的任何规定的条件下，将使本提单持有人和承运人之间的各方面受其约束，如同提单持有人和承运人之间已签订了本提单所证明之契约。 兹证明承运人或其代理人已按本提单底部所示的提单份数签发提单，等其中一份正本完成提货任务后，其它各份提单即行失效。 提单条款续背页 1 / 1
第八章海运提单 [学习目的]了解海运提单的基本含义及其在外贸业务中的作用，掌握海运提单的缮制技巧，理解海运提单的基本内容。 [计划学时]三讲6学时 [重点与难点] 重点：海运提单的基本内容 难点：海运提单的缮制技巧。 [教学方法]案例导课，分析引出内容，强调海运提单的外贸单证业务中的重要性，课堂精讲。布置作业两次，并批改。 [教学手段与教具]教学大纲、教案、教材和其他相关教材，单据模板。 [教学过程设计] 第一讲（2个课时） 第一节海运委托书 第二节海运提单理论概述 第二讲（2个课时） 第三节海运提单的主要内容及条款解析 第四节海运提单的缮制 第三讲（2个课时）
第五节实训指导 布置作业：本章节的作业形式：纸制作业 第一节海运委托书 一、海运委托书的含义 何谓海运委托书 海运委托书又叫托运单（Booking Note），是托运人根据贸易合同和信用证条款内容填制的，向承运人或其代理办理货物托运的单证，也是船公司缮制提单的主要依据。 提问：1、哪一方缮制海运委托书？ 2、海运委托书能证明什么？ 二、海运委托书缮制样本 1、海运委托书的内容 参照书中海运委托书样本，解释海运委托书个项目内容。2、海运委托书缮制 解释海运委托书个项目内容缮制依据。 三、租船订舱业务流程 结合书中租船订舱业务流程图，说明租船订舱业务过程。
第二节海运提单理论概述 一海运提单的含义 海运提单（MARINE BILL OF LADING或OCEAN BILL OF LADING），简称“提单”（B/L），是由承运人或其授权的代理人签发给托运人，表明已将特定的货物装上船并经海洋运至目的地的收据和物权凭证。 二、海运提单的作用 1、货物收据 海运提单是承运人或其代理人签发的货物收据（Receipt for the Goods），确认承运人已经按海运提单所列内容收到货物。提单一经承运人签发，即表明承运人已将货物装上船舶或已确认接管。 2、物权凭证 海运提单的合法持有人凭海运提单可在目的港向轮船公司提取货物，也可以在载货船舶到达目的港之前，通过转让海运提单而转移货物所有权或凭以向银行办理抵押货款。 3、运输契约的证明 海运提单是托运人和承运人之间的运输契约的证明（Evidence of Contract of Carrier），是承运人与托运人处理双方在运输中的权利和义务问题的主要依据。
海运提单的练习 操作1：根据下面海运提单回答 Shipper: _HANJIN ARTS AND CRAFTS I/E COPR.TIANJIN,CHINA COSCO Consignee （收货人）TO ORDER B/L Notify Party (通知人) SCHLITER CO.BREMEN. 3601 AW.HERO ROAD,BREMEN,GERMAN Pre-Carriage By （前程运输）Place Of Receipt （收货地点） Ocean Vessel（船名）V oy. No. （航次）Port Of Loading （装货港） PA VL RICKMERS XINGANG,TIANJIN Port Of Discharge（卸货港）Place Of Delivery （交货地点） BREMEN Marks & Nos . No. Of Containers Kind of Packages, Description of Goods Gross Weight Measurement (标记与号码) Or P’Kgs. (包装种类与货名) 毛重(公斤) 尺码(立方米) (箱数或件数) S 150CTNS “WILLIN PRODUCTS" 4200KGS 6M3 BREMEN (15PALLETS) ART NO.TSSR-16 NO.1-150ON BOARD DATE:AUG 1,2004 ______________________________________________________________________________________________ TOTAL MUMBER OF CONTAINERS FIFTEEN PACCENTS ONLY OR PACKAGES(IN WORDS) 集装箱数或件数合计(大写) FREIGHT &CHARGES Revenue Tons (运费吨) Rate(运费率) Per(每) Prepaid(运费预付) Collect(运费到付) (运费与附加费) FREIGHT PREPAID ________________________________________________________________________________________________ Prepaid At(预付地点)XINGANG,TIANJIN Payable At(到付地点) Place and date Of Issue(签发地点) Number of original Bs/L 3 XINGANG,TIANJIN AUG.1,2004 Signed for or on behalf of the Master as agent 签名根据上面单据回答： （1）托运人， 收货人， 被通知人， 提单号码，船名， 装货港，目的港， 唛头， 件数和包装， 总毛重，总尺码， 货物名称， 运费缴付方式， 正本提单份数，提单日期及签发地点， 货物的装运日期。 （2）根据提单内容，说明提单的性质分类
Seaway Bill是海运单,是证明海上运输合同和货物由承运人接管或装船,以及承运人保证交付货物给单证所载明的收货人的一种不可流通的单证,它不是物权凭证,故而不可转让.收货人不凭此提货而是凭到货通知提货,因此海运单收货人应填写实际的收货人的名称地址. 海运提单(Marine Bill of Lading or Ocean Bill of Lading)，或简称为提单(Bill of Lading, B/L)是一种物权凭证,收货人据此提取货物,它可以背书转让,是一种重要的单据. 我觉得海运提单用的多一些,不过近年来在欧洲北美及某些远东\中东地区贸易界也越来越倾向于使用不可转让海运单,主要是因为它可以方便买方即使提货,简化手续,节省费用. 1、海运提单（Ocean B/L），它是承运人或其代理人收到货物后，签发给托运人的一种单证。是承运人或 其代理人签发的货物收据，是货物所有权的凭证，是运输契约或其证明。而海运单（Sea Waybill），它的形式与作用同海运提单相似，其主要特点在于收货人已明确指定。收货人并不需要提交正本单据，而仅需证明自己是海运单载明的收货人即可提取货物。操作过程中和提单电放差不多的。 2、二者最主要的区别就是海运单不是物权凭证，而海运提单是。 3、由于海运单实质上是不可以转让的，它的应用范围比较窄，主要用于跨国公司成员之间的货物运输。什么是海运单(Sea Waybill): 海运单(SeaWaybill)，又称海上运送单或海上货运单，它是"承运人向托运人或其代理人表明货物已收妥待装的单据，是一种不可转让的单据，即不须以在目的港揭示该单据作为收货条件，不须持单据寄到，船主或其代理人可凭收货人收到的货到通知或其身份证明而向其交货"(引自1978年9月联合国欧洲经济委员会《Recommendation》) 使用海运单的好处 海运单仅涉及托运人、承运人、收货人三方，程序简单，操作方便，有利于货物的转移。 首先，海运单是一种安全凭证，它不具有转让流通性，可避免单据遗失和伪造提单所产生的后果。 其次，提货便捷、及时、节省费用，收货人提货无须出示海运单，这既解决了近途海运货到而提单未到的常见问题，又避免了延期提货所产生的滞期费、仓储费等。 再次，海运单不是物权凭证，扩大海运单的使用，可以为今后推行EDI电子提单提供实践的依据和可能。 海运单的使用 1、跨国公司的总分公司或相关的子公司间的业务往来。 2、在赊销或双方买方付款作为转移货物所有以的前提条件，提单已失去其使用意义。 3、往来已久，充分信任，关系密切的伙伴贸易间的业务/ 4、无资金风险的家用的私人物品，商业价值的样品。 5、在短途海运的情况下，往往是货物先到而提单未到，宜采用海运单。 海运单的不足及解决办法 海运单在实践中也存在着一些问题，为此，国际海事委员会制订并通过了《海运单统一规则》。 海运单的不足主要体现在以下两方面： 1、进口方作为收货人，但他不是运输契约的订约人，与承运人无契约关系，如果出口方发货收款后，向承运人书面提出变更收货人，则原收货人无诉讼权。 《海运单统一规则》第三条规定："托运人订立运输合同，不仅代表自己，同时也代表收货人，并且向承运人保证他有此权限"，同时，第六条规定："托运人具有将支配权转让收货
中远COSCO集装箱提单背面条款(中文) 中远集团提单背面条款 1. DEFINITIONS 定义 “承运人”（CARRIER）是指“中远集运”，即中远集装箱运输有限公司。 “货方”（MERCHANT）包括发货人、托运人、收货人、受货人、货主、本提单的合法持有人或被背书人，或与货物或本提单具有现时或未来利益关系的任何人，或被授权代表前述任何一方行事的任何人。 “船舶”按有关上下文情况，包括本提单第6栏所列船舶或其替代船舶，以及承运人或代表承运人于全部运程中的海运阶段所使用的任何支线船或驳船。 “分立契约人”（SUB-CONTRACTOR）包括（除承运人以外的）船舶所有人及经营人，装卸工人，码头、仓库、集装箱储运站经营人及拼箱经营人，公路及铁路运输经营人，及承运人雇佣的用以进行运输的任何独立订约人，以及其小分立契约人（SUB-SUB-CONTRACTOR）。分立契约人一词应包括直接及间接分立契约人及其各自的受雇人、代理人或分立契约人。 “货物”（GOODS）是指自货方收到的全部货物或其任何部分，并包括非由承运人或其代表提供的任何集装箱。“件”是指由货方或其代表装载并铅封的每一集装箱，而不是在集装箱中所装的货物件数，如果此项件数未在本提单正面列明，或者是用“据称内装”或类似词句列明。 “装运单位”（SHIPPING UNIT）是指未以包件运输的任何一个具体单位的货物，包括机械、车辆及船只，但散装货物除外。 “集装箱”（CONTAINER）包括任何集装箱，如开顶集装箱、拖车、可运油罐、框架箱、平板箱、货盘，以及为运输货物而使用的任何其他设备或设施。 本条作为定义条款，用以说明、规定本提单条款中经常出现的一些名词，以便明确在为提单所证明或构成的运输合同中所代表的概念、避免理解上的差异。 有关承运人的定义与提单正面的抬头和承运人签单部位的落款相对应，符合《跟单信用证统一惯例500》对提单签发的要求。本提单所构成或证明运输合同中的承运人仅指中远集运、而非任何其他相关的契约承运人、实际承运人，这样避免了当存在几个运输合同时发生混淆。另外还应指出的是承运人被定义为‘中远集运’（COSCO CONTAINER LINES.），虽然中远集装箱运输有限公司的英文正式名称为COSCO CONTAINER LINES COMPANY LIMITED, 但是我们这里仅使用其商业名称(TRADE NAME)。 关于货方的定义将发货人、托运人、收货人、受货人、货主、本提单的合法持有人或受背书人，或与货物或本提单具有现时或未来利益关系的任何人，或被授权代表前述任何一方行事的任何人纳入运输合同中与承运人相对应的货方，符合提单流转的需要，保护了船货双方共同的权益，便于双方根据运输合同解决纠纷。 关于‘件’的定义是与提单正面的‘不知条款’相对应的，同时也是为适应海商法有关承运人单件责任限制规定的需要。即除非提单上已显示了货物件数或者表明了?据称内装?等类似词句，否则由货方装箱的一个集装箱将作为一件计算，这是因为承运人在接受整箱货时是无法核实货物件数，同时整箱货的运费比拼箱货按件数、重量、体积等单位计收的运费低廉。 *本条款中各项定义也适用于条款注释中出现的相关名词。 2. CARRIER\'S TARIFF 承运人的运价本 承运人所使用的运价本中的条款以及有关费收的其他要求等项，已被载入本提单。请特别注意运价本中所载各项条款，包括但不限于免费堆存期、集装箱及车辆滞留期等。使用的运价本的有关条款，可向承运人或其代理人索取。如本提单与所用运价本之间有不一致之处，应以本提单为准。 本条是用以说明承运人运价本的作用。提单正面、背面条款内容虽然十分丰富，但毕竟是固定的格式，不可能经常更改；而且运输合同项下各项费用的收取，结算的依据往往要与具体港口的特殊要求相对应，或者随着市场的变化而变化，所以承运人用运价本的形式对此作出规定。根据本条款将运价本中的条款并入提单并约束运输合同的各方。 3. SUB-CONTRACTING, INDEMNITY AND CERTAIN DEFENSES, EXEMPTIONS AND LIMITATIONS分立契约、赔偿以及抗辩、免除事项及责任限制 (1)承运人有权在任何时间以任何条件将运输的全部或其任何部分同任何分立契约人订立分立契约，并（或）以任何其他船舶或运输工具代替本船。 货方保证，不向承运人以外的由其履行或承办运输的任何人（包括但不限于承运人的受雇人、代理人或分立契约人）就货物或货物运输一事而提起向其或其所拥有或经营的任何船舶加诸或意欲加诸任何责任的索赔或任何法律诉讼，不论此项责任是否由于此种人的疏忽而引起。如果，即使如此，此项索赔或法律诉讼仍被提起，则货方保证就由此引起的后果包括法律费用，全部赔偿承运人。在不防碍上述规定的情况下，上述第(1)款所述每一个人或船舶，包括但不限于承运人的受雇人、代理人或分立契约人，都应享有本提单所载适用于承运人的在涉及合同或侵权事件中的每一免除事项、抗辩及责任限制，犹如此种条款已为其利益而明文规定，而且在订立本提单时，就上述免除事项、抗辩及责任限制而言，承运人不仅代表其本身，而且也是作为上述的人或船舶的代理人或受托人. 本条就是通常所说的‘喜马拉雅条款’，是提单必须包括的标准条款，其效力也已为海商法、海牙-维斯比规则确认。本条款主要说明承运人的雇佣人在代表承运人履行承运人的部分或全部义务时同样受提单条款的约束和保护。由于索赔方与承运人的雇佣人或代理人没有合同关系，所以索赔方往往会绕过运输合同直接向第三人提起侵权之
论提单转让与托运人的索赔权 发布日期：2008-06-26 文章来源：互联网 [原文出处]人民司法 [正文] 案例：中国甲公司与日本乙公司于2001年9月20日签订一份买卖合同，约定甲公司向乙公司出口一批运动鞋，价格条件为C 对于这一案件的处理，存在两种截然不同的看法。一种观点认为托运人（即卖方）已经背书转让了提单，并由收货人实际提取了货物，则海上货物运输合同已经随提单一并转让，托运人已不是海上货物运输合同的当事人，不能对提单项下的货物主张权利，而且货物的所有权和风险均已转移给收货人，有关该提单项下货物的货损货差的索赔只能由提单持有人提出，托运人已不具有诉权；另一种观点则认为，提单虽已转让，但托运人转让的只是合同的一部分权利，即提货权，其仍是海上货物运输合同的一方当事人，在承运人违约的情况下，托运人仍拥有合同诉权。 在海上货物运输中，发生货损货差是常有的事。但一旦出现这种情况，在谁有权索赔、向谁索赔等问题上往往产生纠纷。国际海上货物运输与国际货物买卖是密切相关的，国际货物买卖合同的双方在签订合同之后，大多要通过海运交付货物，其中一方要与承运人签订海上货物运输合同来履行交货或收货义务。究竟由哪一方负责租船订舱，取决于双方在合同中约定的贸易价格术语。最常用的是CIF、CFR、FOB三种术语，前两种术语下，卖方负责租船订舱，而FOB术语下，则由买方负责租船。实践中托运人多为买卖合同的卖方，其在装货港将货物交付给承运人，由承运人签发提单，托运人拿到提单后，依照贸易合同的约定将提单交给买方以完成交货义务，而买方或其他提单受让人则在目的港凭提单提取货物。因此，在目的港发现货损货差的往往是作为收货人的买方或其他提单持有人。在发现权利受侵害时，其可以依据海上货物运输合同提起违约之诉，也可以依据对货物拥有的物权提起侵权之诉，或者是依据国际贸易合同向国际贸易的卖方提起违约之诉。但当托运人或收货人向承运人索赔时，往往会产生谁是有权的索赔主体的问题。因为如果是提单持有人起诉承运人，在合同之诉中，承运人会以提单持有人不是运输合同的当事人为由来抗辩；若提单持有人提起侵权之诉，在提单持有人未取得货物所有权的情况下，承运人又以其不是货物所有人相抗辩；如果托运人向承运人索赔，承运人则以提单已转让，货物所有权及风险已转移为由，主张托运人已不是合同当事人，无权起诉。而各地法院由于对上述问题认识不一，在相似案件中时常作出不同的判决，引发各方争议，影响司法判决的公信力。 从海商法的历史看，提单下货物索赔权的主体曾经历过一个演变过程。在早期的英国法判例中，法院不承认通过提单转让合同，因而不承认提单受让人作为合同当事人的诉权。
海运单与电放提单() 【导读】随着海运业和EDI贸易方式的飞速发展,提单的流程遇到了严峻挑战,尤其是近洋运输,货等单的问题给买方及港口都造成了不便,负担甚至损失。在此情况下,海运单和电放提单被广泛使用。海运单和电放提单虽极... 【导读】随着海运业和EDI贸易方式的飞速发展，提单的流程遇到了严峻挑战，尤其是近洋运输，货等单的问题给买方及港口都造成了不便，负担甚至损失。在此情况下，海运单和电放提单被广泛使用。海运单和电放提单虽极具相同点，但也有所差异。本文通过对二者的分析比较，得出结论：中国应放弃电放提单的使用，转而推广使用海运单。 关键词：提单电放提单海运单 一、海运单与电放提单产生的背景
海运单与电放提单产生的根源是提单危机。提单，是船方或其代理人在收到承运货物后签发给托运人的货物收据，是托运人与承运人之间运输契约的证明，法律上有物权证书的效用。提单自1500年问世以来，一直是国际海运中的重要媒凭，在运输单据中具有显赫地位。但近些年来，其优势却频频遭到冲击，危机重重。 首先是由于海运业飞速发展而带来的危机。近些年尤其是80年代以来，随着海运业的发展，集装箱运输广泛使用，高速船舶大量涌现，中途港大量减少，装卸设备不断改进，海运时间大大缩短。这对提单流程提出了挑战：在提单流程中，收货人必须凭提单正本提货，而正本提单往往被卖方所控制，当货到而提单未到收货地，或收货人未对汇票承兑，付款而得不到提单正本时，就会出现货等单的问题，由此而引起延迟卸货或码头拥挤现象，尤其是近洋运输。如从中国青岛港到韩国仁川一般航程为14小时，如采用提单，正本提单到达买方一般需一个星期左右，这样货物就要滞港至少5 6天，既给港口带来了压力，也给买方带来不便或增加了额外的费用，如担保提货的资金占用和仓储费等。在此情况下，海运单与电放提单便应运而生。 其次是EDI贸易方式给提单带来的危机。在有纸贸易中，提单有三种法律性质：海上货物运输合同的证明，承运人收到货物的收据，货物所有权的凭证。在EDI被运用于国际贸易以后，租船订舱由电子计算机自动进行。提单即表现为储存于电子计算
海运单与提单的区别和联系 1、提单是货物收据、运输合同、也是物权凭证，海运单只具有货物收据和运输合同这两种性质，它不是物权凭证。 2、提单可以是指示抬头形式，通地背书流通转让：海运单是一种非流通性单据，海运单上标明了确定的收货人，不能转让流通。 3、海运单和提单都可以作成“已装船(Shipped on board)形式，也可以是”收妥备运“(Received for shipment)形式。海运单的正面及各栏目格式和缮制方法与海运提单基本相同，只是海运单收货人栏不能做成指示性抬头，应缮制确定的具体收货人。 4、提单的合法持有人和承运人凭提单提货和交货，海运单上的收货人并不出示海运单，仅凭提货通知或其身份证明提货，承运人凭收货人出示适当身份证明交付货物。 5、提单有全式和简式之分，而海运单是简式单证，背面不列详细货运条款但载有一条可援用海运提单背面内容的条款。 6、海运单和记名提单(Straight B/L)，虽然都具名收货人，不作背书转让，但它们有着本质的不同，记名提单属于提单的一种，是物权凭证，持记名提单，收货人可以提货却不能凭海运单提货。 使用海运单的好处 海运单仅涉及托运人、承运人、收货人三方，程序简单，操作方便，有利于货物的转移。 首先，海运单是一种安全凭证，它不具有转让流通性，可避免单据遗失和伪造提单所产生的后果。 其次，提货便捷、及时、节省费用，收货人提货无须出示海运单，这既解决了近途海运货到而提单未到的常见问题，又避免了延期提货所产生的滞期费、仓储费等。 再次，海运单不是物权凭证，扩大海运单的使用，可以为今后推行EDI电子提单提供实践的依据和可能。 海运单的使用 1、跨国公司的总分公司或相关的子公司间的业务往来。 2、在赊销或双方买方付款作为转移货物所有权的前提条件，提单已失去其使用意义。 3、往来已久，充分信任，关系密切的伙伴贸易间的业务。 4、无资金风险的家用的私人物品，商业价值的样品。 5、在短途海运的情况下，往往是货物先到而提单未到，宜采用海运单。 海运单的不足及解决办法 海运单在实践中也存在着一些问题，为此，国际海事委员会制订并通过了《海运单统一规则》。 海运单的不足主要体现在以下两方面： 1、进口方作为收货人，但他不是运输契约的订约人，与承运人无契约关系，如果出口方发货收款后，向承运人书面提出变更收货人，则原收货人无诉讼权。 《海运单统一规则》第三条规定：“托运人订立运输合同，不仅代表自己，同时也代表收货人，并且向承运人保证他有此权限”，同时，第六条规定：“托运人具有将支配权转让收货人的选择权，但应在承运人收取货物之前行使，这一选择权的行使，应在海运单或类似的文件上注明。”这项规定既明确了收货人与承运人之间也具有法律契约关系，也终止了托运人在原收货人提货前变更收货人的权利。 2、对出口托运人来说，海运单据项下的货物往往是货到而单未到，进口方已先行提货，如果进口收货人借故拒付、拖付货款、出口方就会有货、款两失的危险。为避免此类情况，可以考虑以银行作为收货人，使货权掌握在银行手中，直到进口方付清货款。 海运单将会作为海运提单的替代单据，得到更加广泛的应用，了解海运单方面的知识，才能更好地适应国际贸易的不断发展。 倒签提单卖方承担什么法律后果 在我们大量的进出口贸易的实践中，倒签提单现象对我们每个外销员来说似乎并不陌生，特别是在近洋贸易运输实践中，正确把握好签单日期，是保证结汇安全十分重要的一环。衷心希望大家从其所造成的严重的法律后果上给予充分的认识。 案例： 1999年3月20日，某外国公司(卖方)与我国某进出口公司(买方)签订一项货物购销合同，合同规定交货期为6月10日，付款方式原为信用证，之后卖方擅自变更为托收形式付款。买方于6月8日收到装船电报通知，注明货物已于6月7日载往中国大连港，并注明合约号和信用证号。6月14日买方接到提货通知和随船提单一份，提单上的装船日期为6月11日。为此，买方以外方违约为由拒绝提货并绝付款，同时提出合同作废。外方(卖方)不服，双方协调无效，外方依据仲裁条款提起仲裁。那么，中方以卖方违约为由提出的要求受法律保护吗？如果中方以上述理由提出的要求不受法律保护，那么应以什么事实为由才能使其合法权益获得保障？
The follow are the conditions and exceptions hereinbefore referred to: 1.D EFINTION. “Merchant” i ncludes the Shipper, the Receiver, the Consignor, the consignee, the Holder of the Bill of Lading and the Owner of the Goods. 2.J URISDICTION. All disputes arising under and in connection with this Bill of Lading shall be settled in the flag – state of the ship, or otherwise in the place mutually agreed between the Carrier and the Merchant. 3.P ARAMOUNT CLAUSE. This Bill of Lading shall be subject to the Hague Rules contained in the International Convention for the Unification of Certain Rules of law Relating to Bills of Lading, dated at Brussels the 25th August 1924, or the corresponding legislation of the flag state of the ship. If the stipulation of this Bill of Lading are wholly or partly contrary there to, this Bill of Lading shall be read as if such stipulation or part thereof, as the case may be, were deleted. 4.P ERIOD OF RESPONSIBILITY. The responsibility of the Carrier shall commence from the time when the goods are loaded on board the vessel and shall cease when they are discharged from the vessel. The Carrier shall not be liable for loss of or damage to the goods before loading and after discharging from the vessel, howsoever such loss or damage arises. 5.P ACKING AND MARKS. The Merchant shall have the goods properly packed and accurately and clearly marked before shipment. The port of destination of the goods should be marked in letters not less than 5 cm high, in such a way as will remain legible until their delivery, All fines and expenses arising from insufficiency or inadequacy of packing or marks shall be borne by the Merchant. 6.F EIGHT AND OTHER CHARGES. (1) Advance freight together with other charges is due on shipment. If not prepaid. Though stipulated, the freight and other charges shall be paid by the Mer- chant plus 5% interest per annum running from the date of notification for their payment, If the cargo shipped are perishables, low cost goods, live animals, deck cargo or goods for which there is no Carrier’s agent at the port of destination, the freight for such cargo and all related charges shall be paid at the time of shipment. Freight payable at destination together with other char ges is due on vessel’s arrival. Advance freight and/or freight payable at destination shall be paid to the Carrier in full, and non-returnable and non-deductable irrespective of whatever loss or damage may happen to vessel and cargo or either of them. (2) All dues, taxes and charges or any other expenses in connection with the goods shall be paid by the Merchant. 7.INCORRECT STATEMENT. The Carrier is entitled, at port of shipment and /or port of destination, to verify the quantity, weight, measurement and/or contents of such goods as declared by the Merchant. If the weight, measurement and/or contents of such goods as stated in the Bill of Lading turned out to be inconsistent with that of the goods actually loaded, and the freight paid falls short of the amount which would have been due if such declaration had been correctly given the Carrier is entitled to collect from the Merchant as liquidated damages to the Carrier double the amount of difference between the freight for the goods actually shipped and that misstated. The Merchant shall be liable for loss of and damage to the vessel and/or goods arising or resulting from inaccuracies in stating the description, quantity, weight, measurement or contents of the goods and shall indemnify the Carrier for the costs and expenses in connection with weighing, measuring and checking such goods. 8.LOADING, DISCHARGING AND DELIVERY. The goods shall be supplied and taken delivery of by the Owner of the goods as fast as the vessel can take and discharge them, without interruption, by day and if required by Carrier also by night, Sundays and holidays included, notwithstanding any custom of the port to the contrary and the Owner of the goods shall be liable for all losses or damages including demurrage incurred in default thereof. Discharge may commence without previous notice, If the goods are not taken delivery of by the Receiver from alongside the vessel without delay, or if the Receiver refuses to take delivery of the goods, or in case there are unclaimed goods, the Carrier shall be at liberty to land such goods on shore or any other proper places at the sole risk and expense of the Merchant, and theCarrier’s responsibility of delivery of cargo shall be deemed to have been fulfilled. Weighing on board is only allowed by special permission of the Carrier, including detention and extra costs of discharging, shall be for account of the Receivers or Consignees, notwithstanding any custom of the port to the contrary. If the goods 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 any responsibility attaching to him, sell, abandon or otherwise dispose of such goods solely at the risk and expense of the Merchant. 9.LIGHTERAGE.,Any lighterage in or off ports of loading or ports of discharge shall be for the ccount of the Merchant. 10..LIEN. The Carrier shall have a lien on the goods and any document relating thereto for freight, dead freight, demurrage and any other amount payable by the Merchant, and for General Average contributions for whomsoever due and for the cost of recovering the same, and for this purpose shall have the right to sell or otherwise dispose of the goods. If on sale of the goods, the proceeds fail to cover the amount due and the cost and expenses incurred , the Carrier shall be entitled to recover the deficit from the Merchant. 11.NOTICE OF LOSS OR DAMAGE, THIME BAR. Unless notice of loss or damage and the general nature of such loss or damage be given in writing to the Carrier or his agent at the port of discharge before or at the time of the removal of the goods into the custody of the person entitled to delivery thereof under the contact of carriage, such removal shall be prima facie evidence of the delivery by the Carrier of the goods as described in the Bill of Lading. If the loss or damage is not apparent, the notice must be given within three days of the delivery.The notice in writing need not be given if the state of the goods has at the time of their receipt been the subject of joint survey or inspection.In any event the carrier and the vessel shall be discharged from all liability in respect of loss or damage unless suit is brought within one year after delivery of the goods or the date when the goods should have been delivered. In the case of any actual or apprehended loss or damage the Carrier and the Receiver shall give all reasonable facilities to each other for inspecting and tallying the goods. 12.LIMITATION OF LIABILITY. All claims for which the Carrier may be liable shall be calculated on the basis of the Merchant’s net invoice cost, p lus freight and insurrance premuim, if paid. In no event shall the Carrier be liable for any loss of possible profit or any consequential loss. The Carrier for any loss of or damage to the goods shall be limited to an amount not exceeding ￡100 per package or freight unit unless the value of the goods higher than the amount is declared in writing by the Shipper before receipt of the goods by the Carrier and inserted in this Bill of Lading and extra freight paid as required. If the actual value of the goods per package of per freight unit exceeds such value, the declared value shall nevertheless be deemed to be the declared value and the Carrier’s liability if any, shall not be the declared value and any partial loss or damage shall be adjusted pro rata on the basis of such declared value. 13.FORWARDING, SUBSTITUTE OF VESSEL, THROUGH CARGO AND RANSHIPMENT. If necessary, the Carrier shall be at liberty to carry the goods to their port of destination by other vessel or vessels either belonging to the Carrier or other persons or by rail or other means of transport proceeding either directly or indirectly to such port and to carry the goods or part of them beyond their port of destination, and to tranship, lighter, land and store the goods on shore or afloat and reship and forward same at the Carrier’s expenses but at Merchant’s risk. The responsibility of the Carrier shall be limited to the part of the transport performed by him on the vessel under his management. 14.DANGEROUS GOODS, CONTRABAND. (1) The Merchant undertakes not to tender for transportation any goods which are of a dangerous, inflammable, radio-active, and/or any harmful nature without previously giving written notice of their nature to the Carrier and marking the goods and the container or other covering on the outside as required by any laws or regulations which may be applicable during the carriage. (2) Whenever the goods are discovered to have been shipped without complying with the subclause 1 above or the goods are found to be contraband or prohibited by any laws or regulations of the port of loading, discharge or call or any place or waters during the carriage, the Carrier shall be entitled to have such goods rendered innocuous, thrown overboard or discharged or other wise disposed of at the Carrier’s discretion without compensation and the Merchant shall be liable for and indemnify the Carrier against any kind of loss, damage or liability including loss of freight, and any expenses directly or indirectly rising out of or resulting from such shipment. (3)If any goods shipped complying with the sub-clause (1) above become a danger to the ship or cargo, they may in like manner be rendered innocuous, thrown overboard or discharged or other wise disposed of at the Carrier’s discretion without compensation except to General Average, if any. 15.DECK CARGO, LIVE ANIMALS AND PLANTS. Cargo on deck, plants and live animals are receive d, handled, carried, kept and discharged at Merchant’s risk and the Carrier shall not be liable for loss thereof or damage thereto. 16.CARGO IN CONTAINERS. (1)Goods may be stowed by the Carrier or his agents or servants in containers and containers whether stowed aforesaid or received fully stowed may be carried on or under deck without notice. The Carrier’s liability for such carriage shall likewise be governed by the terms and conditions of this Bill of Lading irrespective of Clause 15 hereof notwithstanding the fact that the goods are being carried on deck and the goods shall contribute to General Average and shall receive compensation in General Average. (2) If a container has not been filled, packed, stuffed or loaded by the Carrier, the carrier shall not be liable for loss of or damage to the contents and the Merchant shall indemnify the Carrier against any injury, loss, damage, liability or expense incurred by the Carrier if such injury, loss, damage, liability or expense has been caused by: 1) the manner in which the container has been filled, packed, stuffed or loaded; or 2) the unsuitability of the contents for carriage in containers; or 3) the unsuitability or defective condition of the container which would have been apparent upon reasonable inspection by the Merchant at or prior to the time the container was filled, packed, stuffed or loaded. If a container which has not been filled, packed, stuffed or loaded by the Carrier is delivered by the Carrier with the seal intact, such delivery shall be deemed as full and complete performance of the Carrier’s obligation hereunder and the Carrier shall not be liab le for any loss of or damage to the contents of the container, The Shipper shall inspect containers before stuffing them and the use of the containers shall be prima facie evidence of their being sound and suitable for use. 17.REFRIGERATED GOODS. Before loading goods in any insulated space, the Carrier shall, in addition to the Class Certificate, obtain the certificate of the Classification Society’s Surveyor or other competent person, stating that such insulated space and refrigerating machinery are in the opinion of the surveyor or other competent person fit and safe for the carriage and preservation of refrigerated goods, The aforesaid certificate shall be conclusive evidence against the Merchant. Receivers have to take delivery of refrigerated cargo as soon as the vessel is ready to deliver, otherwise the Carrier shall land the goods at the wharf at the Merchant’s risk and expense. 18.TIMBER. Any statement in this Bill of Lading to the effect that timber has been shipped “In apparent good order and condition” does not involve any admission by the Carrier as to the absence of stains, shakes, splits holes or broken pieces, for which the Carrier accepts no responsibility. 19.IRON AND STEEL. Every piece of Iron and Steel is to be distinctly and permanently marked with oil paint and every bundle securely fastened, distinctly and permanently marked with oil paint and metal tagged, by the Merchant, so that each piece or bundle can be distinguished at port of discharge. If the Merchant fails to meet the aforesaid requirements, the Carrier, shall neither be responsible for correct delivery nor liable for expenses arising therefrom. 20.BULK CARGO, GOODS TO MORE THAN ONE CONSIGNEE. (1) As the Carrier has no reasonable means of checking the weight of bulk cargo, any reference to such weight in this Bill of Lading shall be deemed to be for reference only, but shall constitute in no way evidence against the Carrier (2)Where bulk Cargo or goods without marks or cargo with the same marks are shipped to more than one Consignee, the Consignees or owners of the goods shall jointly and severally bear any expense or loss in dividing the goods or parcels into pro rata quantities and any deficiency shall fall upon them in such proportion as the Carriers, his servants or agents shall decide. 21.HEAVY LIFTS AND AWKWARD CARGO. Any one piece or package of cargo weighs 2000 kilos or upwards and any awkward cargo with a length of 9 meters or upwards must be clearly and boldly marked with the weight and/or dimensions and/or length by the Shipper and shall be loaded and discharged by shore crane or otherwise at the ship’s option and at the risk and expense of the Merchant. If any damage, loss or liability to the ship, lighter, wharf, quay, cranes, hoisting tackle, or whatsoever or to whomsoever occurs owing to the lack of statement or mis – statement of weight, measurement or length, the Merchant shall be responsible for such damage, loss or liability. 22.FUMIGATION. In the event of fumigation of goods on board for whatever reason, the Carrier shall not be liable for damage to goods wi thout actual proof of the Carrier’s negligence which shall not be presumed against him, and all expenses incurred are for Merchant’s account. 23.OPTION. The port of discharge for optional goods must be declared to the vessel’s agents at the first of the optional ports named in the option not later than 48 hours before the vessel’s arrival there. In the absence of such declaration the Carrier may elect to discharge at the first or any optional port and the contract of carriage shall then be considered as having been fulfilled. Any option must be for the total quantity of goods under this Bill of Lading. 24.GENERAL AVERAGE AND NEW JASON CLAUSE. (1)General average shall be adjusted. Stated and settled according to the York – Antwerp Rulos, 1974, at any port or place at the carrier’s option. In the event of accident, danger, damage or disaster before or after the commencement which, or for the consequence of which the Carrier is not responsible, by statute contract or otherwise, the goods, Shippers, Consignees 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 ship is owned or operated by the Carrier, salvage shall be paid for as fully as if the said salving ship or ships belonged to strangers. Such deposit as the Carrier of his agents may deem sufficint to cover the estimated contribution of the goods, and any salvage and special charges thereon shall, if required, be made by the goods, Shippers, Consignees or Owners of the goods to the Carrier before delivery. 25.BOTH TO BLAME COLLISION CLAUSE. If the vessel comes into collision with another vessel as a result of the negligence of the other vessel and any act, neglect or default of the master, mariner, pilot or of the servants of the Carrier in the navigation or in the management of the vessel, the owners of the goods carried hereunder will indernmify the Carrier against all loss or liability to the other or non-carrying vessel or her Owners in so far as such loss or liability represents loss of or damage to or any claim whatsoever of the Owners of said goods paid or payable by the other or non-carrying vessel or her Owners to the Owners of said goods and setoff, recouped or recovered by the other or non-carrying vessel or her Owners as part of their claim against the carrying ship or Carrier. The forgoing provisions shall also apply where the Owners, operators or those in charge of any vessel or vessels or objects other than, or in addition to, the colliding vessels or objects are at fault in respect of a collision, contact stranding or other accident. 26. WAR, QUARANTINE, ICE, STRIKES, CONGESTION ETC. Should it appear that war, blockade, pirate, epidemics, quarantine, ice, strikes, congestion and other causes beyond the Carrier’s control would prevent the vessel from safely reaching the port of destination and/or discharging the goods thereat, the Carrier is entitled to discharge the goods at the port of loading or any other safe and convenient port and the contract of carriage shall be deemed to have been fulfilled. Any extra expenses incurred under the oforasaid circumstances shall be borne by the Merchant.