Common terms of bill of lading in international trade
Common terms of bill of lading in international trade
On the back of the original longterm bill of lading, there are many clauses, mainly including:
(1) Definition clause - mainly limits the "carrier", "shipper" and other related parties.
(2) Jurisdiction clause - it points out that when there is a dispute over the bill of lading, according to the law, a court has the right to hear and resolve the case.
(3) Duration of liability clause - the general ocean bill of lading stipulates that the carrier's period of liability starts from the time when the goods are loaded on the ship to the time when they are discharged from the ship. The container bill of lading starts from the carrier's acceptance of the goods to the designated consignee.
(4) Packages and marks - the shipper is required to provide proper packaging and correct and clear marks for the goods. All expenses incurred due to unclear marks or poor packaging shall be borne by the shipper.
(5) Freight and other charges - if freight is specified as prepaid, it shall be paid at the time of shipment, and if it arrives, it shall be paid at the time of delivery. When the ship and goods suffer any loss or damage, the freight shall still be paid. Otherwise, the carrier may exercise a lien on the goods and documents.
(6) Transshipment clause - although the carrier has issued a through bill of lading, it can transship freely due to objective needs without the consent of the shipper. The transshipment fee is borne by the carrier, but the risk is borne by the shipper, and the responsibility of the carrier is limited to the part of the transportation completed by the ship it operates.
(7) Error in partitions fully by shipper - the carrier has the right to check the quantity, weight, size and content of the goods declared by the shipper at the port of shipment and the port of destination. If it is found to be inconsistent with the actual situation, the carrier may charge a freight penalty.
(8) Limit of liability - specifies the compensation limit of the carrier for the loss caused by the loss or damage of goods, that is, the maximum amount of compensation for each piece of goods or unit of calculation shall not exceed a certain amount.
(9) General average (G.A.) - specify the rules to be followed for adjustment in case of general average. The 1974 Vieques Antwerp rule is generally used internationally for adjustment. In China, some bills of lading are often adjusted according to the 1975 Beijing adjustment rules.
(10) American clause - it stipulates that the carriage of goods to and from U.S. ports can only be applied to the carriage of goods by sea act of 1936 (carriage of good by sea act.1936). The freight shall be subject to the rate registered by the Federal Maritime Commission (FMC). If the bill of lading clause conflicts with the above law, the U.S. law shall prevail. This clause is also called "local clause".
(11) On deck cargo, live animals and plants - the shipper and the shipper bear the risk of the acceptance, handling, transportation, storage and unloading of these three kinds of goods, and the carrier is not responsible for their loss or damage.
