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捷达提单背书捷达提单背书 1. DEFINTITIONS “Carrier ” means the “CHINA ELEC-TRANS INT’L SERVICE LTD.” (G) Time-bar Company stated on the front of this Bill of Lading as being the Carrier and on whose behalf this Bill of Lading has been signed. The Carrier shall be discharged of ...

捷达提单背书
捷达提单背书 1. DEFINTITIONS “Carrier ” means the “CHINA ELEC-TRANS INT’L SERVICE LTD.” (G) Time-bar Company stated on the front of this Bill of Lading as being the Carrier and on whose behalf this Bill of Lading has been signed. 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 “Merchant “includes the shipper, the consignee, the receiver of the Goods, the holder of this Bill of Lading, any person owning or entitled to the one year after delivery of the Goods or the date when the Goods should have been delivered in the event such time period shall be found contrary to Possession of the Goods or this Bill of Lading, any person having a present or future interest in the Goods or any person acting on behalf of any of any convention or law compulsorily applicable, the period prescribed by such convention or law shall then apply but in that circumstance only. The above mentioned persons. 7. MERCHANT’s RESPONSIBILITY “Goods” includes the cargo supplied by the Merchant and includes any Container not supplied by or on behalf of the Carrier. (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 “Container” Includes any container, trailer, transportable tank, lift van, flat, pallet of any similar article of transport used to consolidate goods. Carrier that the description and particulars including, but not limited to of weight, content, measure, quantity, quality, condition, marks, numbers and “Carriage” means the whole of the operations and services undertaken or performed by or on behalf of the Carrier in respect of the Goods. the value are correct. “Combined Transport” arises where the Carriage called for by this Bill of Lading is not a Port to Port Shipment. (2) The Merchant shall comply with all applicable laws regulations and requirements of customs, port and other authorities and shall bear and pay “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 all duties, taxes, fines, imposts, expenses, and losses incurred or suffered by reason thereof or by reason of any illegal, incorrect of insufficient 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 marking, numbering or addressing of the Goods. Place of Delivery on the front hereof specifies any place port within the area of the port so nominated. (3) The Merchant undertakes that the Goods are packed in a manner adequate to withstand the ordinary risks of Carriage having regards to their “Charge” includes freight and all expenses and money obligations incurred and payable by the Merchant. nature and in compliance with all laws, regulations and requirements which may be applicable. “Shipping Unit” includes freight unit and the term “unit” as used in the Hague Rules and Hague-Visby Rules. (4) No Goods which are or may become dangerous, inflammable or damage in or which are or may become liable to damage any property or “Person” includes an individual, a partnership, a body, corporation or other entity. person whatsoever shall be tendered to the Carrier for Carriage without the Carrier’s express consent in writing and without the Container or other “Stuffed” includes filled, consolidated, packed, loaded or secured. covering in which the Goods are to be transported and the Goods being distinctly marked on the outside so as to indicate the nature and character 2. CARRIER’s TARIFF 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 The provisions of the Carrier’s applicable Tariff, if any, are incorporated herein, Copies of such provisions are obtainable from the Carrier or without 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 his agents upon request or, where applicable, from a government body with whom the Tariff has been filed. In the case of inconsistency between damaging nature, the same may at any time be destroyed, disposed of, abandoned, or rendered harmless without compensation to the Merchant this Bill of Lading and the applicable Tariff, this Bill of Lading shall prevail. and without prejudice to the Carrier’s right to Charges. 3. WARRANTY (5) The Merchant shall be liable for the loss, damage, contamination, soiling, detention or demurrage before, during and after the Carriage of The 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 property (including but not limited to Containers) of the Carrier or any person or vessel (other than the Merchant) referred to in 5 (2) above caused possession of the Goods or any person who has a present or future interest in the Goods. by the Merchant or any person acting on his behalf or for which the Merchant is otherwise responsible. 4. NEGOTIABILITY AND TITLE TO THE GOODS (6) The Merchant shall defend, indemnify and hold harmless the Carrier against any loss, damage, claim, liability or expenses whatsoever (1) This Bill of Lading shall be non-negotiable unless made out “to order” in which event it shall be negotiable and shall constitute title to the arising from any breach of the provisions of this clauses 7 or from any cause in connection with the Goods for which the Carrier is not responsible. Goods and the holder shall be entitled to receive or to transfer the Goods herein described. 8. CONTAINERS (2) This Bill of Lading shall be prima facie evidence of the taking in charge by the Carrier of the Goods as herein described. However, proof (1) Goods may be stuffed by the Carrier in or on Containers and Goods may be stuffed with other Goods. in the contrary shall not be admissible when this Bill of Lading has been negotiated or transferred for valuable consideration to a third party acting in (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 good faith. the Merchant, whether supplied before or after the Goods are received by the Carrier or delivered to the Merchant. 5. CERTAIN RIGHTS AND IMMUNITIES FOR THE CARRIER AND OTHER PERSONS (3) If a Container has been stuffed by or on behalf of the Merchant (1) The Carrier shall be entitled to sub-contract on any terms the whore or any part of the Carriage. (A) the carrier shall not be liable for loss of or damage to the Goods (2) The Merchant undertakes that no claim or allegation shall be made against any person or vessel whatsoever, other than the Carrier, (i) caused by the manner in which the Container has bee stuffed including, but not limited to, the Carrier’s servants or agents, any independent contractor and his servants or agents, and all others by whom the (ii) caused by the unsuitability of the Goods for carriage in Containers whole or any part of the Carriage, whether directly or indirectly, is procured, performed or undertaken, which imposes or attempts to impose upon (iii) causes by the unsuitability or defective condition of the Container provided that paragraph (ii) shall only apply if the unsuitability of any such person or vessel any liability whatsoever in connection with the Goods or the Carriage; and if any claim or allegation should nevertheless defective condition arose in without any want of due diligence on the part of the Carrier of (b) would have been apparent upon reasonable inspection be made to defend, indemnify and hold harmless the Carrier against all consequences thereof. Without prejudice to the foregoing every such person by the Merchant at or prior to time when the Container was stuffed and vessel shall have the benefit of all provisions herein benefiting the Carrier as if such provisions were expressly for his benefit and in entering into (iv) if the Container is not sealed at the commencement of the Carriage except where the Carrier has agreed to seal the Container this contract the Carrier, to the extent of these provisions, does so not only on his own behalf but also as agent or trustee for such persons and (B) The Merchant shall defend, indemnify and hold harmless the Carrier against any loss, damage, claim, liability or expense whatsoever arising vessels and such persons and vessels shall to this extent be or be deemed to the parties to this contract. from one or more of the matters covered by (A)(ii)(a) above. (3) The Merchant shall defend, indemnify and hold harmless the Carrier against any claim or liability (and any expense arising there from) (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 any arising from the Carriage of the Goods insofar as such claim or liability exceeds the Carrier’s liability under this Bill of Lading. obligation to provide a Container of any particular type of quality. (4) The defenses and limits of liability provided for in this Bill of Lading shall apply in any section against the Carrier whether the action be 9. TEMPERATURE CONTROLLED CARGO found in contract or in Tort. (1) The Merchant undertakes not to tender for transportation any Goods which require temperature control without previously giving written 6. CARRIER’s RESPONSIBILITY 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 (1) CLAUSE PARAMOUNT of their nature and particular temperature range to be maintained, and in the case of a temperature controller Container stuffed by or on behalf of (A) Subject to clause 13 below, this Bill of Lading insofar as it relates to sea carriage by any vessel whether named herein or not shall have the Merchant further undertakes that the Container has been properly per-coded, that the Goods have been properly stuffed in the Container and effect subject to the Hague Rules or any legislation making such Rules or the Hague-Visby rules compulsorily applicable (such as COGSA or 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 COGWA) to this Bill of Lading and the provisions of The Hague Rules or applicable legislation shall be deemed incorporated herein. The Hague complied with the Carrier shall not be liable for any loss or damage to the Goods caused by such non-compliance. Rules (or COGSA or COGWA if this Bill of Lading is subject to U.S. of Canadian law respectively) shall apply to the carriage of Goods by inland (2) The Carrier shall not be liable for any loss of or damage in the Goods arising from defects, derangement, breakdown, stoppage of the waterways and reference to carriage by sea in such Rules or legislation shall be deemed to include reference to inland waterways. If and to the temperature controlling machinery, plant, insulation or any apparatus of the Container, provided that the Carrier shall before or at the beginning of extent that the provisions of the Harter Act of the United States of America 1893 would otherwise be compulsorily applicable to regulate Carrier’s the Carriage exercise due diligence to maintain the refrigerated Container in an efficient state. responsibility for the Goods during any period prior to loading on or after discharge from the vessel the Carrier’s responsibility shall instead be 10. INSPECTION OF GOODS determined by the provisions of 6 (3) below, but if such provisions are found to be invalid such responsibility shall be subject to COGSA. The 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 (B) The Carrier shall be entitled to (and nothing in this Bill of Lading shall operate to deprive or limit such entitlement) the full benefit of, and to inspect the Goods. rights to, all limitations of and exclusions from liability and all rights conferred or authorized by any applicable law, statute or regulation of any 11. MATTERS AFFECTING PERFORMANCE country (including, but not limited to where applicable any provisions of sections 4281 to 4287, inclusive of the Revised Statutes of the United states (1) If at any time the Carriage is or is likely to be affected by hindrance, risk, delay, difficulty or disadvantage or any king (including the of America and amendments thereto and where applicable any provisions of the laws of the United States of America) and without prejudice to the Condition of the Goods), whatsoever and howsoever arising (whether or not the Carriage has commenced) the Carrier may generality of the foregoing also any law, statute or regulation available to the Owner of the vessel(s) on which the Goods are carried. (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 (2) PORT TO PORT SHIPMENT the Merchant’s disposal at any place which the Carrier may deem safe and convenient, whereupon the responsibility of the Carrier in respect of The 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 such Goods shall cease 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 (B) Without prejudice to the Carrier’s right subsequently to abandon the Carriage under (A) above continue the Carriage other part of the Carriage even though Charges for the whole Carriage have been charged by the Carrier. The Merchant constitutes the Carrier as In any event the Carrier shall be entitled to full Charges on Goods received for Carriage and the Merchant shall pay any additional costs 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 resulting from the above-mentioned circumstances 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 (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 Carrier of others and the Carrier may as such agent enter into contracts with others on any terms whatsoever including terms less favorable than the or recommendations given by any government or authority or any person acting or purposing to act as or on behalf of such government or authority. terms of this Bill of Lading. 12. 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 (3) COMBINED TRANSPORT 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 Save 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 which have been stuffed in or on a Container and forward the same in any manner whatsoever, proceed at any speed and be any route in his the Goods are taken into his charge until the time of delivery to the extent set out below. 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 (A) Where the stage of Carriage where the loss or damage occurred cannot be provided: 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 (i) The carrier shall be entitled to rely upon all exclusions from liability under the Rules or legislation that would have been applied under 6 the intended Port of Loading or intended Port of Discharge) comply with any orders or recommendation given by any government or authority or (1)(A) above had the loss or damage occurred at sea or, if there was no carriage by sea, under the Hague Rules (or COGSA or COGWA, if this Bill any person or body acting or purporting to act or on behalf of such government or authority or having under the terms of the insurance on the of Lading is subject to U.S. or Canadian law respectively). conveyance employed by the Carrier the right to give orders or direction permit the vessel to proceed with or without pilots to tow or be towed or to (ii) Where under (i) above, the Carrier is not liable in respect of some of the factors causing the loss or damage, he shall only be liable to the be dry docked permit the vessel to carry livestock, Goods of all kinds, dangerous or otherwise contraband, explosives, munitions or warlike stores extent that those factors for which he is liable have contributed to the loss or damage. and sail armed or unarmed (iii) Subject to 6(4)(C )below, where the Hague Rules or any legislation applying such Rules or the Hague-Visby Rules (such as COGSA or (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 COGWA) is not compulsorily applicable, the Carrier’s liability shall not exceed US$500 per package or shipping unit or US$2.00 per kilo of the gross the Goods. Anything done in accordance with (1) above or any delay arising there from shall be deemed to be within the contractual Carriage and weight of the Goods that was lost, damaged or in respect of which the claim arises or the value of such Goods, whichever is the less. shall not be a deviation or whatsoever nature or degree. (iv) the value of the Goods shall be determined according to the commodity exchange price at the place and time of delivery to the Merchant 13. DECK CARGO (AND LIVESTOCK) or at the place and time when they should have been delivered or if there is no such price according to the current market price by reference to the (1) Goods of any description whether containerized or not may be stowed on or under deck without notice to the Merchant and such stowage normal value of Goods of the same kind and quality, at such place and time. shall not be a deviation of whatsoever nature of degree subject to (2) below such Goods whether carried on deck or under deck shall participate in (B) Where the stage of Carriage where the loss or damage occurred can be proved: General Average and such Goods other than livestock shall be deemed to be within the declination of Goods for the purposes of the Hague Rules or (i) the liability of the Carrier shall be determined by the provisions contained in any international convention or national law of the country any legislation making such rules or the Hague Rules compulsorily applicable (such as COGSA OR COGWA) to this Bill of Lading which provisions: (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 (a) cannot be departed from private contract to the detriment of the Merchant, and carried on deck and which are so carried (and livestock whether or not being carried on deck) are carried without responsibility on the part of the (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 Carrier for loss or damage of whatsoever nature arising during carriage by seal or inland waterway whether caused by under worthiness or where the loss or damage occurred, and had received as evidence thereof any particular document which must be used in order to make such negligence or any other cause whatsoever. The Merchant shall defend, indemnify and hold harmless the Carrier against all and any extra cost international convention or national law applicable: incurred for any reason whatsoever in connection with carriage of livestock. (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 14. DELIVERY OF GOODS responsibility of the Carrier shall be to produce transportation by carriers (one or more) and such transportation shall be subject to the inland If 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 carrier’s contract of carriage and tariffs and any law compulsorily applicable. The Carrier guarantees the fulfillment of such inland carriers upon the Merchant to take delivery thereof the Carrier shall be entitled without notice to remove from the Container of Goods or that part thereof it obligations under their contracts and tariffs: stuffed 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 (iii) where neither (i) or (iii) above apply, any liability of the Carrier shall be determined by 6(3) (A) above. Merchant. Such storage shall constitute due delivery hereunder and thereupon the liability of the Carrier in respect of the Goods or that part thereof (4) GENERAL PROVISIONS shall cease (A) Delay, Consequential Loss 15. BOTH-TO-BLAME COLLISION Save as otherwise provided herein, the Carrier shall in no circumstances be liable for direct, indirect or consequential loss or damage If the vessel on which the Goods are carried (the carrying vessel) comes into collision with any other vessel or object (the non-carrying vessel caused by delay or any other cause whatsoever and however caused. Without prejudice to the foregoing, if the Carrier is found liable for delay, or object) as a result of the negligence of the non-carrying vessel or object or the owner or charter of or person responsible for the non-carrying liability shall be limited to the freight applicable to the relevant stage of the transport. vessel or object the Merchant undertakes to defend indemnify and hold harmless the Carrier against all claims by or liability to (and any expense (B) Package or Shipping Unit Limitation arising there from) and vessel or person in respect of any loss of or damage to or any claim whatsoever of the Merchant paid or payable to the Where the Hague Rules or any legislation making such rules compulsorily applicable (such as COGSA or COGWA) to this Bill of Lading Merchant by the non-carrying vessel or object and set off recouped or recovered by such vessel of object or person(s) against the Carrier the apply, the carrier shall not, unless a declared value has been noted in accordance with (C )below, become liable for any loss or damage to or in carrying vessel of her owners or caterers. connection with the Goods in an amount per package or shipping unit in excess of the package or shipping unit limitation as laid down by such Rules 16. GENERAL AVERAGE or legislation. Such limitation amount according to COGSA is US$500 and according to COGWA is Can$500. If no limitation amount is applicable (1) The Carrier may declare General Average which shall be adjustable according to the York/Antwerp Rules of 1974 at any place at the option under such Rules or legislation, the limitation shall be US$500. to 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 (C ) Ad Valorem: Declared Value of Package of Shipping Unit (2) Notwithstanding (1) above, the Merchant shall defend, indemnify and hold harmless the Carrier in respect of any claim (and any expense The Carrier’s liability may be increased to the higher value by a declaration in writing of the value of the Goods by the Shipper upon delivery 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 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 Carrier in this connection. 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 (3) The Carrier shall be under no obligation to take any steps whatsoever to collect security for General Average contributions due to the to be the declared value and the Carrier’s liability, if any, shall not exceed the declared value and any partial loss or damage shall be adjusted pro Merchant. rata on the basis of such declared value. 17. 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 (D) Definition of Package or Shipping Unit (2) The Charges have been calculated on the basis of particulars furnished by or on behalf of the Merchant. The Carrier be entitled to Where a Container is used to consolidate Goods and such Container is stuffed by the Carrier, the number of packages or shipping units stated production of the commercial invoice for the Goods or true copy thereof and to inspect, reweigh, remeasure and revalue the Goods and if the on the face of this Bill of Lading in the box provided shall be deemed the number of packages or shipping units for the purpose of any limit of liability particulars are found by the Carrier to be incorrect the Merchant shall pay the Carrier the correct Charges (credit being given for the Charges per package or shipping unit provided in any international convention or national law relating to the carriage of Goods by sea. Except as aforesaid charged) and the cost incurred by the Carrier in establishing the correct particulars. the Container shall be considered the package or shipping unit. (3) All Charges shall be paid without any set off, counter claim, deduction or stay of execution. The words “shipping unit” shall mean each physical unit or piece of the cargo not shipped in a package, including articles and things of any 18. LIEN description whatsoever, except Goods shipped in bulk, and irrespective of the weight or measurement unit employed in calculating freight charges. The Carrier shall have a lien on Goods and any documents relating thereto for all sums whatsoever due at any time to the Carrier from the At to Goods shipped in bulk, the limitation applicable thereto shall be the limitation provided in such convention of law which may be applicable, and 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 in no event shall anything herein be construed to be a waiver of limitation as to Goods shipped in bulk. 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. (E) Rust, etc. 19. VARIATION OF THE CONTRACT No 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 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 specifically authorized or ratified in writing by a director or officer of the Carrier who has the actual authority of the Carrier so to waive or vary. Goods and acknowledgement of receipt of the Goods in apparent good order and condition is not representation that such conditions of rust, 20. PARTIAL INVALIDITY oxidation or the like did not exist on receipt. If 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 (F) Notice of Loss or Damage Lading contract shall be carried out as if such invalid or unenforceable provision were not contained herein. 21. LAW AND JURISDICTION The Carrier shall be deemed prima facie to have delivered the Goods as described in this Bill of Lading unless notice of loss, or damage to, the The contract evidenced hereby or contained herein shall be governed by Law of Country of Issue. Any claim or other dispute there under shall be Goods indicating the general nature of such loss or damage, shall have been given in writing to the Carrier or to his representative at the place of solely determined by the courts of The Country of issue of this Bill of Lading. 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.
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