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初级经济师水路重要考点：提单背面的条款初级经济师水路重要考点：提单背面的有关条款导语：提单是一种有法律效力的单据。
它是一种货物所有权的凭证，也是托运人与承运人之间所订的运输契约的证明。
请大家跟着店铺一起来看看提单背面的有关条款的相关内容吧。
1、定义条款(Definition)定义条款是指对提单中所印就的关键词语，如“承运人”、“托运人”的含义和范围作出明确定义的条款。
2、首要条款(Paramount Clause)首要条款是承运人按照自己的意志，印刷于提单条款的上方，列为提单条款第一条，用以明确本提单受某一国际公约树约，或适用某国法律的条款。
3、管辖权条款(Jurisdiction Clause)提单的管辖权条款是规定双方发生争议时，由何国行使管辖权，即由何国法院审理，有时还规定法院解决争议适用的法律。
4、舱面货条款(Deck Cargo Clause)由于《海牙规则》将舱面货和活动物不视为海上运输的货物，因而提单上一般订明：关于这些货物的收受、装载、运输、保管和卸载，均由货方承担风险，承运人对货物灭失或损坏不负赔偿责任。
集装箱船舶装载集装箱有相当数量的集装箱必须装载于甲板面上。
因此，集装箱提单中规定了一条“舱面货条款”。
5、承运人责任条款(Carrier’s Responsibility)一些提单订有承运人责任条款，规定承运人在货物运送中应负的责任和免责事项，一般概括地规定为按什么法律或什么公约为依据。
6、承运人的责任期间条款(Period of Responsibility)提单条款中都列有关于承运人对货物运物承担责任的起止时间条款。
7、包装和标志条款(Package and Marks Clause)一般提单均规定，在装船前，托运人应将货物妥善包装，标志应正确、清晰，用5cm或不小于5cm的字体标明货物的目的港，并必须保证字迹在交付货物时仍须清晰可辨。
8、留置权条款(Lien Clause)一般提单规定承运人对应收未收的运费、空舱费、滞期费以及其他费用，均可对货物或任何单证行使留置权，并有权出售或处理货物，以抵偿应收款项。
中远COSCO集装箱提单背面条款(中文)1. DEFINITIONS 定义"Carrier" means COSCO container lines company limited."Merchant" includes the consignor, the shipper, the receiver, the consignee, the owner of the Goods, the lawful holder or endorsee of this Bill of Lading, or any other person having any present or future interest in the Goods or this Bill of Lading, or anyone authorized to act on behalf of any of the foregoing."Vessel", where the context so admits, includes the Vessel named in Box 6 of this Bill of Lading or any substitute therefor, and any feeder vessel, lighter or barge used by or on behalf of the Carrier in connection with any seaborne leg of the carriage."Sub-contractor" includes owners and operators of vessels (other than the Carrier), stevedores, terminal, warehouse, depot and groupage operators, road and rail transport operators and any independent contractor employed by the Carrier in the performance of the carriage and any sub-sub-contractor thereof. The expression Sub-contractor shall include direct and indirect Sub-contractors and their respective servants, agents or Sub-contractors."Goods" means the whole or any part of the cargo received from the Merchant and includes any Container not supplied by or on behalf of the Carrier."Package" means each Container which is stuffed and sealed by or on behalf of the Merchant, and not the items packed in such Container if the number of such items is not indicated on the front of this Bill of Lading or is indicated by the terms such as "Said to Contain" or similar expressions."Shipping Unit" means any physical unit of cargo not shipped in a package, including machinery, vehicles and boats, except goods shipped in bulk."Container" includes any Container, open top, trailer, transportable tank, flat rack, platform, pallet, and any other equipment or device used for or in connection with the transportation of the Goods.“承运人”（CARRIER）是指“中远集运”，即中远集装箱运输有限公司。
1.下文无论哪里出现“托运人”这个词，应当认为也包括接收人，受托人，提单持有人以及货主2．管辖权凡根据本提单或与其有关的一切争议均应按照中国法律在中华人民共和国的法院解决或在中华人民共和国仲裁。
3.如果船不是提单发行人的公司所拥有或通过转让来承租的（在不能经受任何相反事情的情况下），此提单应当仅起到与船东或承租人之间的合同的作用，因为有些情况或许是所提及的公司主要通过其代理来做的，但其代理只做代理，任何情况下都不承担个人责任。
4.本提单应效应对承运人的责任,权利和豁免服从海牙规则包含在国际公约的某些规则关于统一提单1924。
5．包装和标志在装船之前，托运人应对货物加以妥善包装、货物标志必须正确、清晰，并须以下不小于五厘米长的字体将目的港清晰地标明在货物的外部，上述标志须能保持到交货时仍然清楚易读。
由于包装和标志的不足或不适当所产生的一切罚款和费用应由货方负担。
6.货物托运人应当妥善包装和明确的标志装运。
目的口岸的货物应该标记为字母5厘米高,这种方式将保持清晰,直到他们的交付。
(1)货物由承运人可以装在容器或类似物品的运输用来巩固商品(2)货物装在容器除了公寓、托盘,移动式坦克或类似物品的运输是否由承运人或者托运人,可能进行或甲板下不另行通知托运人。
这样的货物进行或甲板下是否应当参与共同海损。
7．舱面货、活动物和植物舱面货、活动物和植物的接受、装载、运输、保管和卸载均由货方承担风险，承运人对其灭失或损坏了负赔偿责任。
8.\(1)运费和费用应被视为赢得了在收到货物由承运人和托运人应当支付,不能和在任何事件。
一起付运费和其他费用将在货物抵达目的地的,应当支付之前交货。
(2)的目的是验证货运基础,承运人有权有产品和内容的容器,拖车或类似物品的运输检查以确定重量、测量、价值或商品性质。
在案件的细节货物托运人所提供的是不正确的,托运人应当负赔偿责任和绑定到向承运人支付一笔五次或者区别正确的运费和货运指控或双正确的少货运带电,无论金额较小的,作为违约金载体。
提单背面条款-NOVCC1.DEFINITIONSCarrier means the Company stated on the face of this Bill of Lading.Merchant includes the shipper, Consignee, the Holder of this Bill of Lading, any person owning or entitled to the possession of the Goods or this Bill of Lading.Goods includes the cargo supplied by the Merchant and includes any Container not supplied by or on behalf of the carrier. Container includes any container, trailer, transportable tank, lift van, flat, pallet or any similar article of transport used to consolidate goods.Multimodal transport means carrier undertakes to transport the Goods against the payment of freight for the entire transport from the place where the Goods were received in his charge to the destination and to deliver them to the consignee by two or more different modes of transport, one of which being sea carriage. Port to Port Shipment arises where the Place of Receipt and the Place of Delivery are not indicated on the front of this Bill of Lading or if both the Place of Receipt and the Place of Delivery indicated are ports and the Bill of Lading does not in the nomination of the Place of Receipt or the Place of delivery on the front hereof specify and place or spot within the area of the port so nominated.Charges includes freight and all expenses and money obligations incurred and payable by the Merchant.2.ApplicabilityNotwithstanding this is the Multimodal Transport B/L, it shall also apply if only carriage of goods by sea is used.3.Jurisdiction and Applicable LawAny dispute arising under and/or in connection with this B/L shall be determined by the law of the People’s Republic of China and any action under and/or in connection with the B/L shall be brought before the Maritime Court in the People’s Republic of China.4.Carrier’S TARIFFThe provisions of the carrier’s applicable Tariff, if any, are incorporated herein.Copies of such provisions are obtainable from the carrier or his agents upon request or, where applicable, from a government body with whom the Tariff has been filed. In the case of inconsistency between this Bill of Lading and the applicable Tariff, this Bill of Lading shall prevail.5.WARRANTYThe Merchant warrants that in agreeing to the terms hereof he is or is the agent of and has the authority of the person owning or entitled to the possession of the Goods or any person who has a present or future interest in the Goods.6.CERTAIN RIGHTS AND IMMUNITIES FOR THE carrier AND OTHER PERSONS(1)The carrier shall be entitled to sub-contract on any terms the whole or any part of the Carriage.(2) The Merchant shall defend, indemnify and hold harmless the carrier against any claim or liability (and any expense arising therefrom) arising from the Carriage of the Goods insofar as such claim or liability exceeds the carrier’s liability under this Bill of Lading.(3) The defences and limits of liability provided for in this Bill of Lading shall apply in any action against the carrier whether theaction be found in Contract or in Tort7.Carrier’S RESPONSIBILITY(1)PORT TO PORT SHIPMENTThe responsibility of the carrier is limited to that part of the Carriage from and during loading onto the vessel up to and during discharge from the vessel and the carrier shall not be liable for any loss or damage whatsoever in respect of the Goods or for any other matter arising during any other part of the Carriage even though Charges for the whole Carriage have been charged by the carrier. The Merchant constitutes the carrier as agent to enter into contracts on behalf of the Merchant with others for transport, storage, handling or any other services in respect of the Goods prior to loading and subsequent to discharge of the Goods from the vessel without responsibility for any act or omission whatsoever on the part of the carrier or others and the carrier may as such agent enter into contracts with others on any terms whatsoever including terms less favourable than the terms in this Bill of Lading.(2)MULTIMODAL TRANSPORTSave as is otherwise provided in this Bill of Lading, the carrier shall be liable for loss of or damage to the Goods occurring from the time that the Goods are taken into his charge until the time of delivery to the extent set out below:(A) Where the stage of Carriage where the loss or damage occurred cannot be proved, the carrier shall be entitled to rely upon all exclusions of liability under the Rules or legislation that would have applied the loss or damage occurred at sea. (B) Where the stage of Carriage where the loss or damage occurred can be proved: (i) The liability of the carrier shall be determined by the provisions contained in any international convention ornational law of the country which provisions: (a) Cannot be departed from by private contract to the detriment of the Merchant, and (b) Would have applied if the Merchant had made a separate and direct contract with the carrier in respect of the particular stage of Carriage where the loss or damage occurred and had received as evidence thereof any particular document which must be issued in order to make such international convention or national law applicable; (ii) With respect to the transportation in the United States of America or in Canada to the Port of Loading or from the Port of Discharge, the responsibility of the carrier shall be to procure transportation by carriers (one or more) and such transportation shall be subject to the inland carriers’ contracts of carriage and tariffs and any law compulsorily applicable. The carrier guarantees the fulfilment of such inland carriers’obligations under their contracts and tariffs; (iii) Where neither (i) or (ii) above apply, any liability of the carrier shall be determined by 7(2)(A) above.(3) GENERAL PROVISIONS(A) Delay Consequential LossSave as otherwise provided herein, the carrier shall in no circumstances be liable for direct, indirect or consequential loss or damage caused by delay or any other cause whatsoever and howsoever caused. Without prejudice to the foregoing, if the carrier is found liable for delay, liability shall be limited to the freight applicable to the relevant stage of the transport.(B) Package or Shipping Unit LimitationThe carrier’s liability for the loss of or damage to the Goods shall be limited to an amount equivalent to 666.67 Units of Account per package or other shipping unit, or 2 Units of Account per kilogramme of the gross weight of the Goods lostor damaged, whichever is the higher, except where the nature and value of the Goods had been declared by the shipper before shipment and inserted in the bill of lading, or where a higher amount that the amount of limitation of liability set out in this Article had been agreed upon between the carrier and the Shipper.Where a container, pallet or similar article of transport is used to consolidate goods, the number of packages or other shipping units enumerated in the bill of lading as packed in such article of transport shall be deemed to be the number of packages or shipping units. If not so enumerated, the Goods in such article of transport shall be deemed to be one package or one shipping unit. Where the article of transport is not owned or furnished by the carrier, such article of transport shall be deemed to be one package or one shipping unit.(C) Ad V alorem: Declared V alue of Package or Shipping Unit.The carrier’s liability may be increased to a higher value by a declaration in writing of the value of the Goods by the shipper upon delivery to the carrier of the Goods for shipment, such higher value being inserted on the front of this Bill of Lading in the space provided and, if required by the carrier, extra freight paid. In such case, if the actual value of the Goods shall exceed such declared value, the value shall nevertheless be deemed to be the declared value and th e carrier’s liability, if any, shall not exceed the declared value and any partial loss or damage shall be adjusted pro rata on the basis of such declared value.(D) Definition of Package or Shipping Unit.Where a Container is used to consolidate Goods and such Container is stuffed by the carrier, the number of packages or shipping units stated on the face of this Bill of Lading in the boxprovided shall be deemed the number of packages or shipping units for the purpose of any limit of liability per package or shipping unit provided in any international convention or national law relating to the carriage of Goods by sea. Except as aforesaid the Container shall be considered the package or shipping unit. The words “shipping unit” shall mean each physical unit or piece of Cargo not shipped in a package, including articles or things of any description whatsoever, except Goods shipped in bulk, and irrespective of the weight or measurement unit employed in calculating freight charges. As to Goods shipped in bulk, the limitation applicable thereto shall be the limitation provided in such convention or law which may be applicable, and in no event shall anything herein be construed to be a waiver of limitation as to Goods shipped in bulk.(E) Rust, etc.It is agreed that superficial rust, oxidation or any like condition due to moisture, is not a condition of damage but is inherent to the nature of the Goods and acknowledgement of receipt of the Goods in apparent good order and condition is not a representation that such conditions of rust, oxidation or the like did not exist on receipt.(F) Notice of Loss or Damage.The carrier shall be deemed prima facie to have delivered the Goods as described in this Bill of Lading unless notice of loss of, or damage to, the Goods, indicating the general nature of such lost or damage, shall have been given in writing to the carrier or to his representative at the place of delivery before or at the time of 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 is not apparent, within three consecutive days thereafter.(G) Time-bar.The carrier shall be discharged of all liability unless suit is brought in the proper forum and written notice thereof received by the carrier within nine months after delivery of the Goods or the date when the Goods should have been delivered. In the event that such time period shall be found contrary to any convention or law compulsorily applicable. the period prescribed by such convention or law shall then apply but in that circumstance only.8.MERCHANTS RESPONSIBILITY(1) The description and particulars of the Goods set out on the face hereof are furnished by the Merchant and the Merchant warrants to the carrier that the description and particulars including, but not limited to, of weight, content, measure, quantity, quality, condition, marks, numbers and value are correct.(2) The Merchant shall comply with all applicable laws, regulations and requirements of customs, port and other authorities and shall bear and pay all duties, taxes, fines, imposts, expenses and losses incurred or suffered by reason thereof or by reason of any illegal, incorrect or insufficient marking, numbering or addressing of the Goods.(3) The Merchant undertakes that the Goods are packed in a manner adequate to withstand the ordinary risks of Carriage having regard to their nature and in compliance with all laws, regulations and requirements which may be applicable.(4) No Goods which are or may become dangerous, inflammable or damaging or which are or may become liable to damage any property or person whatsoever shall be tendered to the carrier for Carriage without the carrier’s express consent in writing and without the Container or other covering in which theGoods are to be transported and the Goods being distinctly marked on the outside so as to indicate the nature and character of any such articles and so as to comply with all applicable laws, regulations and requirements. If any such articles are delivered to the carrier with such written consent and marking or if in the opinion of the carrier the articles are or are liable to become of a dangerous, inflammable or damaging nature, the same may at any time be destroyed, disposed of, abandoned, or rendered harmless without compensation to the Merchant and without prejudice to the carrier’s right to Charges. (5) The Merchant shall be liable for the loss, damage, contamination, soiling, detention or demurrage before, during and after the Carriage of property (including, but not limited to, Containers) of the carrier or any person or vessel (other than the Merchant) referred to in 8(2) above caused by the Merchant or any person acting on his behalf or for which the Merchant is otherwise responsible.(6) The Merchant shall defend, indemnify and hold harmless the carrier against any loss, damage, claim, liability or expense whatsoever arising from any breach of the provisions of this clause 10 or from any cause in connection with the Goods for which the carrier is not responsible.9.CONTAINERS(1) Goods may be stuffed by the carrier in or on Containers and Goods may be stuffed with other Goods.(2) The terms of this Bill of Lading shall govern the responsibility of the carrier in connection with or arising out of the supply of a Container to the Merchant, whether supplied before or after the Goods are received by the carrier or delivered to the Merchant.(3) If a container has been stuffed by or on behalf of theMerchant;(A) the carrier shall not be liable for loss of or damage to the Goods(i) caused by the manner in which the Container has been stuffed;(ii) caused by the unsuitability of the Goods for Carriage in Containers;(iii) caused by the unsuitability or defective condition of the Container provided that where the Container has been supplied by or on behalf of the carrier, this paragraph (iii) shall only apply if the unsuitability or defective condition arose (a) without any want of due diligence on the part of the carrier or (b) would have been apparent upon reasonable inspection by the Merchant at or prior to the time when the Container was stuffed; (iv) if the Container is not sealed at the commencement of the Carriage except where the carrier has agreed to seal the Container.(B) the Merchant shall defend, indemnify and hold harmless the carrier against any loss, damage, claim, liability or expense whatsoever arising from one or more of the matters covered by(A) above.(4) Where the carrier is instructed to provide a Container, in the absence of a written request to the contrary, the carrier is not under an obligation to provide a Container of any particular type or quality.10. TEMPERATURE CONTROLLED CARGO(1) The Merchant undertakes not to tender for transportation any Goods which require temperature control without previously giving written notice (and filling in the box on the front of this Bill of Lading if this Bill of Lading has been prepared by the Merchant or a person acting on his behalf) of their nature andparticular temperature range to be maintained and in the case of a temperature controlled Container stuffed by or on behalf of the Merchant further undertakes that the Container has been properly precooled, that the Goods have been properly stuffed in the Container and that its thermostatic controls have been properly set by the Merchant before receipt of the Goods by the carrier. If the above requirements are not complied with the carrier shall not be liable for any loss of or damage to the Goods caused by Such non compliance.(2) The carrier Shall not be liable for any loss of or damage to the Goods arising from defects, derangement, breakdown, stoppage of the temperature controlling machinery, plant, insulation or any apparatus of the Container, provided that the carrier shall before or at the beginning of the Carriage exercise due diligence to maintain the refrigerated Container in an efficient state.11. INSPECTION OF GOODSThe carrier or any person authorized by the carrier shall be entitled, but under no obligation, to open any Container or package at any time and to inspect the Goods.12. MATTERS AFFECTING PERFORMANCE(1) If at any time the Carriage is or is likely to be affected by any hindrance, risk, delay, difficulty or disadvantage of any kind (including the condition of the Goods), whensoever and howsoever arising (whether or not the Carriage has commenced) the carrier may:(A) without notice to the Merchant abandon the Carriage of the Goods and where reasonably possible place the Goods or any part of them at the Merchant’s dispo sal at any place which the carrier may deem safe and convenient, whereupon theresponsibility of the carrier in respect of such Goods shall cease;(B) without prejudice to the carrier’s right subsequently to abandon the Carriage under (A) above, continue the Carriage. In any even the carrier shall be entitled to full Charges on Goods received for Carriage and the Merchant shall pay any additional costs resulting from the above mentioned circumstances. (2) The liability of the carrier in respect of the Goods shall cease on the delivery or other disposition of the Goods in accordance with the 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.13. METHODS AND ROUTE OF TRANSPORTATION(1) The carrier may at any time and without notice to the Merchant: use any means of transport or storage whatsoever; load or carry the Goods on any vessel whether named on the front hereof or not; transfer the Goods from one conveyance to another including transshipping or carrying the same on another vessel than that named on the front hereof or by any other means of transport whatsoever; at any place unpack and remove Goods which have been stuffed in or on a Container and forward the same in any manner whatsoever; proceed at any speed and 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 whatsoever once or more often and in any order; load or unload the Goods from any conveyance at any place (whether or not the place is a port named on the front hereof as the intended Port of Loading or intended Port of Discharge); comply with any orders or recommendations given by any government or authority or any person or body acting or purporting to act as or on behalf of such government or authorityor having under the terms of the insurance on the conveyance employed by the carrier the right to give orders or directions; permit the vessel to proceed with or without pilots, to tow or be owed or to be dry-docked; permit the vessel to carry livestock, Goods of all kinds, dangerous or otherwise, contraband, explosives, munitions or warlike stores and sail armed or unarmed.(2) The liberties set out in (1) above may be invoked by the carrier for any purposes whatsoever whether or not connected with the Carriage of the Goods. Anything done in accordance with (1) above or any delay arising therefrom shall be deemed to be within the contractual Carriage and shall not be a deviation of whatsoever nature or degree.14. DECK CARGO (AND LIVESTOCK)(1) Goods of any description whether containerised or not may be stowed on or under deck without notice to the Merchant and such stowage shall not be a deviation of whatsoever nature or degree. Subject to (2) below, such Goods whether carried on deck or under deck shall participate in General Average and such Goods (other than livestock) shall be deemed to be within the definition of Goods.(2) Goods (not being Goods stuffed in or on Containers other than open flats or pallets) which are stated on the front of this Bill of Lading to be carried on deck and which are so carried and livestock, (whether or not carried on deck) are carried without responsibility on the part of the carrier for loss or damage of whatsoever nature arising during carriage by sea or inland waterway whether caused by unseaworthiness or negligence or any other cause whatsoever. The Merchant shall defend, indemnify and hold harmless the carrier against all and any extracost incurred for any reason whatsoever in connection with carriage of such livestock.15. DELIVERY OF GOODSIf delivery of the Goods or any part thereof is not taken by the Merchant at the time and place when and where the carrier is entitled to call upon the Merchant to take delivery thereof, the carrier shall be entitled without notice to remove from a Container the Goods or that part thereof if stuffed in or on a Container and to store the Goods or that part thereof ashore, afloat, in the open or under cover at the sole risk and expense of the Merchant, Such storage shall constitute due delivery hereunder, and thereup-on the liability of the carrier in respect of the Goods or that part thereof shall cease.16. BOTH-TO-BLAME COLLISIONIf the vessel on which the Goods are carried (the carrying vessel) comes into collision with any other vessel or object (the non-carrying vessel or object) as a result of the negligence of the non-carrying vessel or object or the owner of, charterer of or person responsible for the non-carrying vessel or object, the Merchant undertakes to defend, indemnify and hold harmless the carrier against all claims by or liability to (and any expense arising therefrom) any vessel or person in respect of any loss of, or damage to, or any claim whatsoever of the Merchant paid or payable to the Merchant by the non-carrying vessel or object or the owner of, charterer of or person responsible for the non-carrying vessel or object and set-off, recouped or recovered by such vessel, object or person(s) against the carrier, the carrying vessel or her owners or charterers.17. GENERAL A VERAGE(1) The carrier may declare General Average which shall beadjustable according to the York/Antwerp Rules of 1974 at any place at the option of the carrier and the Amended Jason Clause as approved by BIMCO is to be considered as incorporated herein and the Merchant shall provide such security as may be required by the carrier in this connection.(2) Notwithstanding (1) above, the Merchant shall defend, indemnify and hold harmless the carrier in respect of any claim (and any expense arising there from) of a General Average nature which may be made on the carrier and shall provide such security as may be required by the carrier in this connection.(3) The carrier shall be under no obligation to take any steps whatsoever to collect Security for General Average contributions due to the Merchant.18. CHARGES(1) Charges shall be deemed fully earned on receipt of the Goods by the carrier and shall be paid and non-returnable in any event.(2) The Charges have been calculated on the basis of particulars furnished by or on behalf of the Merchant. The carrier shall be entitled to production of the commercial invoice for the Goods or true copy thereof and to inspect, reweigh, remeasure and revalue the Goods and if the particulars are found by the carrier to be incorrect the Merchant shall pay the carrier the correct Charges (credit being given for the Charges charged) and the costs incurred by the carrier in establishing the correct particulars.(3) All Charges shall be paid without any set-off, counter-claim, deduction or stay of execution.19. LIENThe carrier shall have a lien on Goods and any documentsrelating thereto for all sums whatsoever due at any time to the carrier from the Merchant and for General Average contributions to whomsoever due and for the costs of recovering the same and the carrier shall have the right to sell the Goods and documents by public auction or private treaty, without notice to the Merchant and at the Merchant’s expense and without any liability towards the Merchant.20. V ARIATION OF THE CONTRACTNo servant or agent of the carrier shall have power to waive or vary any of the terms hereof unless such waiver or variation is in writing and is specifically authorised or ratified in writing by a director or officer of the carrier who has the actual authority of the carrier to waive or vary.21. PARTIAL INV ALIDITYIf any provision in this Bill of Lading is held to be invalid or unenforceable by any Court or regulatory or self regulatory agency or body, such invalidity or unenforceability shall attach only to such provision. The validity of the remaining provisions shall not be affected thereby and this Bill of Lading contract shall be carried out as if such invalid or unenforceable provision were not contained herein.。
第五节提单的背面条款提单背面的条款，作为承托双方权利义务的依据，多则三十余条，少则也有二十几条，这些条款一般分为强制性条款和任意性条款两类。
强制性条款的内容不能违反有关国家的法律和国际公约、港口惯例的规定。
我国《海商法》第四章海上货物运输合同的第四十四条就明确规定：“海上货物运输合同和作为合同凭证的提单或者其他运输单证中的条款，违反本章规定的，无效。
”《海牙规则》第三条第八款规定：“运输契约中的任何条款、约定或协议，凡是解除承运人或船舶由于疏忽、过失或未履行本条规定的责任与义务，因而引起货物的或与货物有关的灭失或损害，或以本规则规定以外的方式减轻这种责任的，都应作废并无效。
”上述的规定都强制适用提单的强制性条款。
除强制性条款外，提单背面任意性条款，即上述法规、国际公约没有明确规定的，允许承运人自行拟定的条款，和承运人以另条印刷、刻制印章或打字、手写的形式在提单背面加列的条款，这些条款适用于某些特定港口或特种货物，或托运人要求加列的条款。
所有这些条款都是表明承运人与托运人、收货人或提单持有人之间承运货物的权利、义务、责任与免责的条款，是解决他们之间争议的依据。
虽然各种提单背面条款多少不一，内容不尽相同，但通常都有下列主要条款：1．定义条款（Definition）定义条款是提单或有关提单的法规中对与提单有关用语的含义和范围作出明确规定的条款。
如中远提单条款第一条规定：货方（Merchant）包括托运人（Shipper）、受货人（Receiver ）、发货人（Consignor）、收货人（Consignee）、提单持有人（Holder of B/L），以及货物所有人（Owner of the Goods）。
在国际贸易的实践中，提单的当事人应该是承运人和托运人是毫无异议的。
但是，不论是以FOB还是CIF或CFR价格成交的贸易合同，按照惯例，当货物在装货港装船时，货物一旦越过船舷其风险和责任就转移到作为买方的收货人或第三者。
海运提单海运提单主要项目填制说明如下：1、托运人（Shipper）。
即与承运人签订运输契约，委托运输的货主，即发货人。
在信用证支付方式下，一般以受益人为托运人；托收方式以托收的委托人为托运人。
另外，根据《UCP500》第31条规定：除非信用证另有规定，银行将接受表明以信用证受益人以外的第三者为发货人的运输单据。
2、收货人（Consignee）。
收货人要按合同和信用证的规定来填写。
一般的填法有下列几种：（1）记名式：在收货人一栏直接填写上指定的公司或企业名称。
该种提单不能背书转让，必须由收货人栏内指定的人提货或收货人转让。
（2）不记名式：即在收货人栏留空不填，或填“To Bearer”（交来人/持票人）。
这种方式承运人交货凭提单的持有人，只要持有提单就能提货。
（3）指示式：指示式的收货人又分为不记名指示和记名指示两种。
不记名指示，是在收货人一栏填“To Bearer”，又称空白抬头。
该种提单，发货人必须在提单背面背书，才能转让。
背书又分为记名背书和不记名背书（空白背书）两种。
前者是指在提单背面填上“Deliver to ×××”“Endorsed to ×××”，然后由发货人签章；后者是发货人在背面不做任何说明只签章即可。
记名背书后，其货权归该记名人所有，而且该记名人不可以再背书转让给另外的人。
不记名背书，货权即归提单的持有人。
记名指示，是在收货人一栏填“To Order of Shipper”，此时，发货人必须在寄单前在提单后背书；另外还有凭开证申请人指示即L/C中规定“To Order of Applicant”，在收货人栏就填““To Order of ××× Co”；凭开证行指示，即L/C中规定“To Order of Issuing Bank”，则填“To Order of ×××Bank”。
提单背面条款效力认定及处理受损货物支出的必要合理费用的负担【基本案情】2015年4月28日，嘉益公司向天农保加利亚公司购买一批玉米。
就34箱玉米的海上运输，委托阳明公司承运。
阳明公司同意承运，并拟出4130号和4131号两份提单。
阳明公司接受订舱后，合作船公司达飞轮船公司取消了部分船期。
阳明公司将此情形告知全球各地代理，但未举证证明告知嘉益公司。
2015年7月19日，4130号提单项下20箱玉米中转港比雷埃夫斯港运往深圳赤湾港。
但4131号提单项下的玉米并未同船装载，而是于8月2日才在中转港装船运往深圳赤湾港。
阳明公司签发的4131号提单载明托运人为天农保加利亚公司，收货人和通知方为嘉益公司，提单右下角载明，货物的接收、保管、承运和交付均适用本提单正面和背面的条款。
提单背面条款第5条载明了船公司的自由绕航条款、第11条载明了承运人不应就供应商未能要求适当集装箱的行为或疏忽承担任何责任、第16条载明了承运人不对由于潮湿引起集装箱内的表面生锈、氧化或任何类似情况承担责任。
2015年7月29日，天农保加利亚公司向嘉益公司开具的1191号发票载明，交货条件CIF赤湾，单价为218欧元，数量为355.66吨，不含增值税的总价为77 533.88欧元。
2015年9月12日，4130号提单项下玉米运抵赤湾，嘉益公司提取后，未发现货物质量问题。
2015年10月8日，4131号提单项下玉米被运抵赤湾，开箱检验后发现玉米霉变、生虫。
经海江公估公司评估认定受损玉米25.70吨，按提单载明的355.66吨扣减前述受损玉米外，剩余329.96吨玉米需要按每吨700元降价销售处理。
此外，由于玉米受损，额外产生了运费2800元、吊车费用7840元、商检熏蒸消毒费5600元、熏蒸处理站费用7000元、集装箱超期7天的使用费24 500元。
阳明公司亦委托海通公证行进行查勘检验。
海通公证行经评估认为，前述14箱玉米受损玉米共计为25.70吨。
