30提单背书中英文对照版背书英文.docx

1、30提单背书中英文对照版背书英文30提单背书中英文对照版 背书英文话题:背书英文 身份证明 承运人 中远集运提单背面条款中英文对照TERMS AND CONDITION1. DEFINITIONS"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 endors

2、ee 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 su

3、bstitute therefore, 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 operat

4、ors, 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-contractor

5、s."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 Contai

6、ner 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 goo

7、ds 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.2. CARRIERS TARIFFThe terms of the Carriers applicable Tariff and othe

8、r requirements regarding charges are incorporated into this Bill of Lading. Particular attention is drawn to the terms contained therein, including, but not limited to, free storage time, Container and vehicle demurrage, etc. Copies of the relevant provisions of the applicable Tariff are obtainable

9、from the Carrier or his agents upon request. In case of any inconsistency between this Bill of Lading and the applicable Tariff, this Bill of Lading shall prevail.3. SUB-CONTRACTING, INDEMNITY AND CERTAIN DEFENSES, EXEMPTIONS AND LIMITATIONS(1) The Carrier shall have the right at any time and on any

10、 terms whatsoever to sub-contract the whole or any part of the carriage with any Sub-contractor and/or to substitute any other vessel or means of transport for the Vessel.(2) The Merchant undertakes that no claim or legal action whatsoever shall be made or broughtagainst any person by whom the carri

11、age is performed or undertaken (including, but not limited to, the Carriers servants, agents or Sub-contractors), other than the Carrier, which imposes or attempts to impose upon any such person, or any vessel owned or operated by such person, any liability whatsoever in connection with the Goods or

12、 the carriage thereof whether or not arising out of negligence on the part of such person. Should any such claim or legal action nevertheless be made or brought, the Merchant undertakes to indemnify the Carrier against all consequences thereof including legal expenses on a full indemnity basis.Witho

13、ut prejudice to the foregoing, every such person or vessel, including, but not limited to, the Carriers servants, agents, or Sub-contractors as defined in Clause 1 above, shall have the benefit of every exemption, defense and limitation herein contained applicable to the Carrier, in contract or in t

14、ort, as if such provision were expressly contracted for its benefit, and, in entering into this contract, the Carrier, to the extent of such exemptions, defenses and limitations, does so not only on its behalf, but also as an agent and trustee for such person or vessel.4. CARRIERS RESPONSIBILITY(1)

15、Port to Port Shipment If boxes 6, 7 and 8 but not boxes 4,5and 9 are filled in on the front of this Bill of Lading, this Bill of Lading is a Port-to-Port contract. The Carrier shall be responsible for the Goods as Carrier from the time when the Goods are received by the Carrier at the Port of Loadin

16、g until the time of delivery thereof at the port of discharge to the Merchant or to the Authority as required by local laws or regulations, whichever occurs earlier.(2) Combined Transport If Box 4, Box 5 and/or Box 9 are filled in on the front of this Bill of Lading and the place(s) or port(s) indic

17、ated therein is/are place(s) or port(s) other than that indicated in Box 7 and Box 8 and Freight is paid for combined transport, this Bill of Lading is a combined transport contract. The Carrier undertakes to arrange or procure the pre-carriage and/or on-carriage segments of the combined transport.

18、All claims arising from the combined transport carriage must be filed with the Carrier within 9 months after the delivery of the Goods or the date when the Goods should have been delivered, failing which the Carrier shall be discharged from all liabilities whatsoever in respect of the Goods. If any

19、payment is made by the Carrier to the Merchant in respect of any claim arising from the combined transport carriage, the Carrier shall be automatically subrogated to or given all rights of the Merchant against all others including pre-carrier or on-carrier or Sub-contractor on account of such loss o

20、r damage. Nothing herein contained shall be deemed a waiver of any rights that the Carrier may have against a pre-carrier or on-carrier or Sub-contractor for indemnity or otherwise.5. NOTICE OF CLAIM AND TIME BAR(1) Unless notice of loss or damage is given in writing to the Carriers agent at the Por

21、t of Discharge or Place of Delivery before or on the date of delivery of the Goods, or if loss or damage is not apparent, within 15 consecutive days thereafter, such delivery shall be prima facie evidence of the delivery of the Goods by the Carrier and/or on-carrier in the order and condition descri

22、bed in this Bill of Lading.(2) The Carrier, its servants, agents and Sub-contractors shall be discharged from all liabilities whatsoever unless suit is brought within one year after the delivery of the Goods or the date when the Goods should have been delivered.6. LOSS OR DAMAGE(1) The terms of this

23、 Bill of Lading shall at all times govern all responsibilities of the Carrier in connection with or arising out of the carriage of the Goods not only during the carriage, but alsoduring the period prior to and/or subsequent to the carriage. The exemptions from liability, defenses and limitation of l

24、iability provided for herein or otherwise shall apply in any action against the Carrier for loss or damage or delay, howsoever occurring and whether the action be founded in contract or in tort and even if the loss, damage or delay arose as a result of unseaworthiness, negligence or fundamental brea

25、ch of contract. Save as is otherwise provided herein, the Carrier shall in no circumstances whatsoever and howsoever arising be liable for direct or indirect or consequential loss or damage or loss of profits.(2) The Carrier does not undertake that the Goods will be transported from or loaded at the

26、 place of receipt or loading or will arrive at the place of discharge, destination or transshipment aboard any particular vessel or other conveyance at any particular date or time or to meet any particular market or in time for any particular use. Scheduled or advertised departure and arrival times

27、are only expected times and may be advanced or delayed if the Carrier shall find it necessary, prudent or convenient. The Carrier shall in no circumstances whatsoever and howsoever arising be liable for direct, indirect or consequential loss or damage caused by delay.(3) If the stage of the combined

28、 transport during which loss or damage occurred can be determined, the liability of the Carrier shall be governed by the national law(s) and/or international convention(s) applicable thereto. If the stage of the combined transport during which loss or damage occurred cannot be determined, the Mercha

29、nt and the Carrier agree that it shall be deemed that the loss or damage occurred aboard the Carriers Vessel. In either case, clauses 5(2) and 7 shall apply.7. LIMITATION OF LIABILITY(1) Except as provided for in Clause 7(2), this Bill of Lading shall be subject to the provisions of the Maritime Cod

30、e of the Peoples Republic of China as provided for in Clause 26(1). Neither the Carrier, its servants, agents, Sub-contractors nor the Vessel shall in any event be liable for any loss or damage to the Goods in any amount exceeding the limits per package or unit prescribed by that Code, unless the na

31、ture and value of the Goods have been declared by the Merchant before shipment and inserted in this Bill of Lading (Box 10) and the Merchant has paid additional Freight on such declared value.(2) Where carriage includes carriage to or from or through a port or place in the United States of America,

32、this Bill of Lading shall be subject to the provisions of the United States Carriage of Goods by Sea Act, 1936 (US COGSA) and any amendments thereto, as provided for in Clause 26(2) hereof. In such event, neither the Carriers nor its servants, agents, Sub-contractors and/or the Vessel shall in any e

33、vent be liable for any loss of or damage to the Goods in an amount exceeding the limits per package or unit prescribed by US COGSA, unless the nature and value of the Goods have been declared by the Merchant before shipment and inserted in this Bill of Lading (Box 10) and the Merchant has paid additional Freight on such declared value.(3) If a legal regi