背书条款30条海运提单范本模板案例样本 TERMS AND CONDITIONS
发布时间： 2020-05-19 11:12:55
背书条款30条海运提单范本模板案例样本 TERMS AND CONDITIONS
"Carrier" means the party on whose behalf this Bill Lading has been signed.
Goods means the cargo accepted from the Shipper and includes any Container not supplied by or on behalf of the Carrier
"Container" includes any container, trailer transportable tank, flat or pallet. "Merchant" includes the Shipper, Holder, Consignee, the receiver of the Goods,any person owning or entitled to the possession of the Goods, or this Bill of lading and anyone acting on behalf of any such persons.
"Holder" means any person for the time being in possession of this Bill of Lading to whom the property in the Goods has passed on or by reason of the consignment of the Goods or the endorsement of this Bill of Lading or otherwise.
References to the internal law of a State shall be deemed to exclude all principles of private international law applied by such State.
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.
The Merchant warrants that in agreeing to the terms hereof he is,or has the authority of,the person owning or entitled to the possession of the Goods and this Bill of Lading.
(i) The Carrier shall be entitled to sub-contract on any terms the whole or any part of the carriage, loading, unloading, warehousing, handing and any and all duties whatsoever undertaken by the Carrier in relation to the Goods.
(ii) The Merchant undertakes that no claims or allegation shall be made against any servant, agent or sub-contractor, including, without limiting the generality of the foregoing, terminal and depot operators, of the Carrier which imposes or attempts to impose upon any of them or any vessel owned 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, including, without limiting the generality of the foregoing, terminal and depot operators, 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, including, without limiting the generality of the foregoing, terminal and depot operators.
(iii) The expression sub-contractor in this clause shall include direct and indirect sub-contractors and their respective servants and agents.
5. Carrier's Responsibility
(i) The Carrier shall, be liable for loss of or damage to the Goods occurring between the time when he receives the Goods for transportation and the time of delivery
(ii) The Carrier shall, however, be relieved of liability for any loss or damage is such loss or damage arose or resulted from
(a) the wrongful act or neglect of the Merchant,
(b) compliance with the instructions of the person entitled to give them,
(c) the lack of or insufficiency of or defective condition of packing in the case of Goods which, by their nature, are liable to wastage or to be damaged when not packed or when not property packed,
(d) handling, loading, stowage or unloading of the Goods by or on behalf of the Merchant.
(e) inherent vice of the Good:
(f) insufficiency or inadequacy of marks or numbers on the Goods, coverings or Containers.
(g) strikes or lock-outs or stoppage or restraints of labour from whatever cause whether partial or general.
(h) any cause or event which the Carrier could not avoid and the con sequence whereof he could not prevent by the exercise of reasonable diligence.
(iii) Where under sub-clause (ii) the Carrier is not under any liability in respect of some of the factors causing the loss or damage, the shall only be liable to the extent that those factors for which he is liable under this clause have contributed to the loss of damage
(iv) The burden of proving that the loss or damage was due to one or more of the causes, or events, specified in (a)(b), and (h) of sub-clause (ii) shall rest upon the Carrier
When the Carrier establishes that in the circumstances of the case, the loss or damage could be attributed to one or more of the causes or events, specified in (c) to (g) of sub-clause (ii), it shall be presumed that it was so caused The Merchant shall, however be entitled to prove that the loss or damage was not, In fact, caused either wholly or partly by one or more of the causes or events.