中远提单(英文)
2012-04-23 15:25阅读:
中远集运提单背面条款中英文对照
TERMS AND CONDITION
1. 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 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
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
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.
2. CARRIER'S TARIFF
The terms of the Carrier's
applicable Tariff and other
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
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 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 brought against
any person by whom the
carriage is performed or
undertaken (including, but
not limited to, the
Carrier's 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 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.
Without prejudice to the
foregoing, every such person or
vessel, including, but not
limited to, the
Carrier's 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
tort, 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. CARRIER'S RESPONSIBILITY
(1) 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 Loading 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)
indicated 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. All claims
arising from the
combined transport carriage must
be filed with the Carrier
within