1932年牛津—华沙规则（中英文）

WARSAW-OXFORD RULES 1932 PREAMBLE These Rules are intended to offer to those interested in the sale and purchase of goods on c.i.f. terms who have at present no standard form of contract or general conditions available a means of voluntarily and readily adopting in their c.i.f. contracts a set of uniform rules. In the absence of any express adoption of these Rules in the manner hereinafter appearing, they shall in no case be deemed to govern the rights and obligations of the parties to a sale of goods on c.i.f. terms. RULE 1. SCHEME OF RULES These Rules shall be known as the "Warsaw-Oxford Rules", and their adoption as herein provided shall be conclusive evidence that the parties intend their contract to be a c.i.f. contract. Any of these Rules may be varied, or amended, or other terms inserted in the c.i.f. contract, but such variation, amendment or insertion may only be made by express agreement of the parties to the contract. In the absence of any such express agreement these Rules shall apply without qualification to any sale of goods involving either wholly or in part transit by sea, in connection with which they are expressly adopted by a reference to the term "Warsaw-Oxford Rules", and the rights and obligations of the parties shall be construed in accordance with the provisions of these Rules. In case of a conflict between the Rules and a contract the latter shall govern. Reference to the Rules shall cover all other provisions on which the contract itself is silent. The expression "usage of the particular trade" as employed in these Rules means a settled custom so general in the particular trade that the parties to the contract of sale must be held to know of the existence of such a custom and to have contracted with reference thereto. RULE 2. DUTIES OF THE SELLER AS TO SHIPMENT (I) The Seller must provide goods of the contractual description and, subject to the provisions of the next succeeding paragraph and to those of Rules 7 (III) and (IV), have them loaded on board the vessel at the port of shipment in the manner customary at the port. (II) Where the goods contracted to be sold are already afloat, or have already been delivered into the custody of the carrier in the manner provided in Rule 7 (III) and (IV), at the time the sale is made, or where the seller is entitled to purchase goods of the contractual description afloat in order to fulfil his contract, the seller shall have merely to appropriate these goods to the contract of sale. Such appropriation need not take place till the documents are tendered to the buyer and such tender shall imply the appropriation of the goods to the contract of sale. RULE 3. TIME OF SHIPMENT AND EVIDENCE OF DATE (I) The whole quantity of the goods contracted to be sold must be shipped or delivered into the custody of the carrier, as the case may be, at the time or within the period, if any, specified in the contract of sale or, if no such time or period has been specified in the contract of sale or, if no such time or period has been specified in the contract, within a reasonable time. (II) The date of shipment or of delivery into the custody of the carrier, as the case may be, mentioned in the bill of lading or other document validly tendered as evidencing the contract of carriage shall be prima facie evidence of the actual shipment or of the actual delivery, as the case may be, on that date without prejudice to the right of the buyer to prove the contrary. RULE 4. EXCEPTIONS The seller shall not be responsible for delay or failure to ship the goods contracted to be sold or any part thereof or to deliver such goods, or any part thereof into the custody of the carrier, as the case may be, arising from force majeure, or from any extraordinary causes, accidents or hindrances of what kind soever or wheresoever or the consequences thereof which it was impossible in the circumstances for the seller to have foreseen or averted. In the event of any of the said causes, accidents or hindrances preventing, hindering or impeding the production, the manufacture, the delivery to the seller, or the shipment of the goods contracted to be sold or any part thereof or the chartering of any vessel or part of vessel, notice thereof shall be given to the buyer by the seller, and on such notice being given the time for shipment or delivery into the custody of the carrier, as the case may be, shall be extended until the operation of the cause, accident or hindrance preventing, hindering or impeding the production, the manufacture, the delivery to the seller or the shipment of the said goods or any part thereof or the chartering of any vessel or part of vessel has ceased. But if any of these causes, accidents or hindrances continues for more than fourteen days from the time or from the expiration of the period if any, specified in the contract of sale for the shipment of the goods or their delivery into the custody of the carrier, as the case may be, or if no such time or period has been specified in the contract then from the expiration of the reasonable time contemplated in Rule 3, the whole contract of sale or such part thereof as shall remain to be fulfilled by the seller may, at the option of either party, be determined, such option shall be exercised and notice to that effect shall be given by either party to the other party at any time during the seven days next succeeding the period of fourteen days hereinbefore mentioned but not thereafter. And on such notice being given neither party shall have any claim against the other party in respect of such determination. RULE 5. RISK The risk shall be transferred to the buyer from the moment the goods are loaded on board the vessel in accordance with the provisions of Rule 2 or, should the seller be entitled in accordance with the provisions of Rule 7 (III) and (IV) in lieu of loading the goods on board the vessels to deliver the goods into the custody of the carrier, from the time such delivery has effectively taken place. RULE 6. PROPERTY Subject to the provisions of Rule 20 (III) the time of the passing of the property in the goods shall be the moment when the seller delivers the documents into the possession of the buyer. RULE 7. DUTIES OF THE SELLER AS TO BILLS OF LADING (I) It shall be the duty of the seller to procure, at his own cost, a contract of carriage that is reasonable having regard to the nature of the goods and the terms current on the contemplated route or in the particular trade. The said contract of carriage must, subject to the usual or customary exceptions therein contained, provide for the delivery of the goods at the contractual destination. Moreover, the said contract of carriage must, except as hereinafter provided, be evidenced by a "shipped" bill of lading, in good merchantable order, issued by the ship owner or his official agent or pursuant to a charter party, duly dated and bearing the name of the ship. (II) Where the contract of sale or the usage of the particular trade so allows, the contract of carriage may, subject to the provisions and qualifications hereinafter constrained, be evidenced by a "received for shipment" bill of lading or similar document, as the case may be, in good merchantable order, issued by the ship owner or his official agent, or pursuant to a charter party, and in such circumstance such "received for shipment" bill of lading or similar document shall for all purposes be deemed to be a valid bill of lading, and may be tendered by the seller accordingly. Moreover, in all cases where such a document has been duly noted with the name of the ship and the date of shipment, it shall be deemed in all respects equivalent to a "shipped" bill of lading. (III) When the seller is entitled to tender a "received for shipment" bill of lading, he must, subject to the provisions of Rule 2 (II) provide and have goods of the contractual description effectively delivered into the custody of the carrier at the port of shipment for transportation to the buyer with all reasonable dispatch. (IV) When the seller is entitled by the terms of the contract of sale or by the usage of the particular trade to tender a "through" bill of lading, and such document involves part land and part sea transit, and should the carrier who issues the "through" bill of lading be a land carrier, the seller must, subject to the provisions of Rule 2 (II), provide and have goods of the contractual description effectively delivered into the custody of the said carrier for transportation to the buyer with all reasonable dispatch. Goods shall not be transmitted by inland waterways unless the seller is entitled by the terms of the contract of sale or by the usage of the particular trade to employ that means of transportation. The seller shall not be entitled to tender a "through" bill of lading providing for part and part sea transit where the contract of sale calls for sea transit only. (V) When the goods are carried under a "through" bill of lading this document must provide for the full and continuous protection of the buyer from the moment the risk is transferred to the buyer in accordance with the provisions of Rule 5 through out the whole of the transit, in respect of any legal remedy to which the buyer may be entitled against each and any of the carriers who shall have participated in the carriage of the goods to the point of destination. (VI) If a particular route is stipulated by the contract of sale, the bill of lading or other document validly tendered as evidencing the contract of carriage must provide for the carriage of the goods by that route, or if no route has been stipulated in the contract of sale, then by a route followed by the usage of the particular trade. (VII) The bill of lading or other document validly tendered as evidencing the contract of carriage shall deal, and deal only, with the goods contracted to be sold. (VIII) The seller shall not be entitled to tender a delivery order or a ship's release in lieu of a bill of lading unless the contract of sale so provides. RULE 8. SPECIFIC VESSEL-KIND OF VESSEL (I) Should the contract of sale call for shipment by a specific vessel, or generally where the seller shall have chartered a vessel or part of vessel, and undertaken to ship the goods accordingly, the seller shall not be at liberty to provide a substitute unless and until the buyer shall have given his consent thereto. Such consent shall not be unreasonably withheld. (II) Where the contract of sale calls for shipment by steamer (unnamed) the seller may transmit the goods to the buyer either by steamer or by motor vessel, all other conditions being equal. (III) If there is no provision made in the contract of sale as to the kind of vessel to be employed, or if a neural term such as "vessel" is used therein, the seller shall be entitled, subject to any usage of the particular trade, to ship the goods on the kind of vessel by which similar goods are in practice shipped on the contemplated route. RULE 9. FREIGHT PAYABLE AT DESTINATION On arrival of the goods at the point where they are finally discharged for delivery to the buyer, the buyer is bound to pay any unpaid freight which may be due to the carrier. The buyer shall be entitled to deduct the amount of any such payment which he shall be called upon to make from the amount he has contracted to pay for the goods, unless the seller shall already have made proper allowance in respect of such unpaid freight in the invoice tendered to the buyer. If the seller should have to pay any unpaid freight which may be due to the carrier, because tender of the documents is unavoidably made after the arrival of the goods, he may recover the amount thereof from the buyer. Subject to the provisions of Rule 10, the buyer shall in no case be called upon to pay a larger sum in respect of unpaid freight than will make up the amount which he has contracted to pay for the goods. RULE 10. IMPORT DUTIES, ETC. The payment of customs duties and charges payable for the goods or of expenses incurred in respect of such goods during the course of transit to or after their arrival at the port of destination forms no part of the obligations of the seller, unless such expenses shall be included in the freight. If the seller should have to pay such duties and charges and/ or any expenses not included in the freight, because tender of the documents is unavoidably made after arrival of the goods, he may recover the amount thereof from the buyer. RULE 11. DUTIES OF THE SELLER AS TO CONDITIONS OF GOODS (I) The goods contracted to be sold must be shipped or delivered into the custody of the carrier, as the case may be, in such a condition as, subject to risk of deterioration, leakage or wastage in bulk or weight inherent in the goods (and not consequent upon the goods having been defective at the time of shipment or of delivery into the custody of the carrier, as the case may be, or incident to loading or transit) would enable them to arrive at their contractual destination on a normal journey and under normal conditions in merchantable condition. In allowing for ordinary deterioration, leakage, or inherent wastage in bulk or weight due regard shall be had to any usage of the particular trade. (II) Where the goods contracted to be sold are already afloat or have been delivered into the custody of the carrier, as the case may be, at the time the sale is made, or where the seller in the exercise of any right to which he may be entitled to that effect purchases goods of the contractual description afloat in order to fulfil his contract, it is an implied condition in the contract of sale that the goods have been shipped or delivered into the custody of the carrier, as the case may be, in accordance with the provisions of the preceding paragraph. (III) Should any dispute arise as to the conditions of the goods at the time of shipment or delivery into the custody of the carrier, as the case may be, and in the absence of any certificate issued in accordance with the terms of the contract of sale, with the usage of particular trade, or with the provisions of Rule 15, the quality, the description and sate, and/or the weight or quantity of the goods shall be determined according to their condition at the time they were loaded on board the vessel, or, should the seller be entitled in accordance with the provisions of Rule 7 (III) and (IV) in lieu of shipment to deliver the goods into the custody of the carrier, at the time such delivery has effectively taken place. RULE 12. DUTIES OF THE SELLER AS TO INSURANCE (I) It shall be the duty of the seller to procure at his own cost from an underwriter or insurance company of good repute a policy of marine insurance, evidencing a valid and subsisting contract which shall be available for the benefit of buyer, covering the goods during the whole of the course of transit contemplated in the contract of sale, including customary transshipment, if any, Subject to the next succeeding paragraph and to any special provision in the contract of sale, the policy must afford the holder thereof complete and continuous contractual protection against all those risks that are by the usage of the particular trade or on the contemplated route insured against at the time of the shipment of the goods or their delivery into the custody of the carrier, as the case may be. The seller shall not be bound to procure a policy covering war risks unless (a) special provision to this effect shall have been made in the contract of sale, or (b) the seller shall have received prior to the shipment of the goods or their delivery into the custody of the carrier, as the case may be, notice from the buyer to procure a policy covering such risks. Unless such special provision shall have been made in the contract of sale, any additional cost of procuring a policy covering war risks shall be borne by the buyer. (II) Should the policy not be available when the documents are tendered a Certificate of Insurance issued by an underwriter or insurance company of good repute in relation to a policy of insurance as above defined, which reproduces the essential terms and conditions of the policy in so far as they concern the goods mentioned in the bill(s) of lading and invoice(s) and conveys to the holder thereof all the rights under the policy shall be accepted by the buyer in lieu thereof, and shall be deemed to be proof of marine insurance and to represent a policy of insurance within the meaning of these Rules. In such event the seller shall be deemed to guarantee that he will on the demand of the buyer, and with all due dispatch, produce or procure the production of the policy referred to in the Certificate. (III) Unless it is the usage of the particular trade for the seller to tender to the buyer an Insurance Broker's Cover Note in lieu of a policy of insurance, such a Cover Note shall not be deemed to represent a policy of insurance within the meaning these Rules. (IV) The value of the goods for insurance, shall be fixed in accordance with the usage of the particular trade, but in the absence of any such usage it shall be the invoice c.i.f. value, of the goods to the buyer, less freight payable if any, on arrival and plus a marginal profit of 10 percent of the said invoice c.i.f. value, after deduction of the amount of freight, if any payable on arrival. RULE 13. NOTICE OF SHIPMENT In order to give the buyer an opportunity of taking out at his own cost additional insurance either to cover risks not covered by "all those risks" contemplated in the first paragraph in Rule 12 (I), or to cover increased value, the seller shall give notice to the buyer that the goods have been shipped, or delivered into the custody of the carrier, as the case may be, stating the name of the vessel, if possible, the marks and full particulars. The cost of giving such notice shall be borne by the buyer. The non-receipt of such notice by, or the accidental omission to give any such notice to, the buyer shall not entitle the buyer to reject the documents tendered by the seller. RULE 14. IMPORT ANDEXPORT LICENCES, CERTIFICATES OF ORIGIN, ETC. (I) Should an export license be required in order to ship goods of the contractual description, it shall be the duty of the seller at his own expense to apply for the license and to use due diligence to obtain the grant of such license. (II) Nothing contained in these Rules shall entitle the buyer to demand the tender by the seller of a certificate of origin or consular invoice in respect of the goods contracted to be sold unless (a) it is the usage of the particular trade for either or both of these documents to be obtained, or (b) the seller shall have been expressly instructed by the buyer, prior to the shipment of the goods or their delivery into the custody of the carrier, as the case may be, to obtain such certificates and/or such invoices. The cost of procuring these documents shall be borne by the buyer. Should an import license be required by the country of destination for goods of the contractual description, it shall be the duty of the buyer to procure the same at his own expense and to notify the seller that such license has been obtained prior to the time for shipment of the goods. RULE 15. CERTIFICATE OF QUALITY, ETC. Where the contract of sale provides that a certificate of quality and/or weight or quantity shall be furnished by the seller, without specifying the person or body by whom this certificate is to be issued, or where the usage of the particular trade so allows, the seller shall furnish certificates issued by the appropriate public authority (if any) or a duly qualified independent inspector setting out the quality, description and state, and/or the weight or quantity of the goods at the time and place of shipment, or of delivery into the custody of the carrier, as the case may be. The cost (including legalization charges if such a formality be necessary) of obtaining such c