Agents (full style and address)
凉拌毛肚的做法Carrier (full style and address)Merchant* (full style and address)Time for shipment (about)
Port of loading**
Container No./Seal No./Marks and Numbers (if available)
Number and kind of packages; description of cargo
Gross weight, kg (if available) Measurement, m 3 (if available)
*As defined hereinafter (Cl. 1)
大学生学年总结**(or so near thereunto as the Vesl may safely get and lie always afloat)
It is hereby agreed that this Contract shall be performed subject to the terms contained on Page 1 and 2 hereof which shall prevail over any previous arrangements and which shall in turn be superded (except as to deadfreight) by the terms of the Bill of Lading.C o p y r i g h t , p u b l i s h e d b y T h e B a l t i c a n d I n t e r n a t i o n a l M a r i t i m e C o u n c i l (B I M C O ), C o p e n h a g e n , 2000
Printed and sold by Fr. G. Knudtzons Bogtrykkeri A/S, Vallensbaekvej 61, DK-2625 Vallensbaek, Fax: +45 4366 0701by authority of The Baltic and International Maritime Council (BIMCO), Copenhagen
Merchant’s reprentatives at loading port (full style and address)
Vesl
Port of discharge
Freight details and charges Freight (state prepayable or payable at destination)
Special terms, if agreed
Signature (Merchant)
Signature (Carrier)
BIMCO LINER BOOKING NOTE
CODE NAME: “CONLINEBOOKING 2000”
Place and date
Page 1
Draft Copy
Draft Copy
1. Definition.
“Merchant” includes the shipper, the receiver, the consignor,the consignee, the holder of the Bill of Lading, the owner of the cargo and any person entitled to posssion of the cargo.2. Notification.
Any mention in this Bill of Lading of parties to be notified of the arrival of the cargo is solely for the information of the Carrier and failure to give such notification shall not involve the Car-rier in any liabi
lity nor relieve the Merchant of any obligation hereunder.
3. Liability for Carriage Between Port of Loading and Port of Discharge.
(a) The International Convention for the Unification of Certain Rules of Law relating to Bills of Lading signed at Brusls on 25 August 1924 (“the Hague Rules”) as amended by the Pro-tocol signed at Brusls on 23 February 1968 (“the Hague-Visby Rules”) and as enacted in the country of ship-ment shall apply to this Contract. When the Hague-Visby Rules are not enacted in the country of shipment, the corresponding legislation of the country of destination shall apply, irrespec-tive of whether such legislation may only regulate outbound shipments.
When there is no enactment of the Hague-Visby Rules in ei-ther the country of shipment or in the country of destination,the Hague-Visby Rules shall apply to this Contract save where the Hague Rules as enacted in the country of shipment or, if no such enactment is in place, the Hague Rules as enacted in the country of destination apply compulsorily to this Contract.The Protocol signed at Brusls on 21 December 1979 (“the SDR Protocol 1979”) shall apply where the Hague-Visby Rules apply, whether mandatorily or by this Contract.
The Carrier shall in no ca be responsible for loss of or dam-age to cargo arising prior to loading, af
ter discharging, or with respect to deck cargo and live animals.
(b) If the Carrier is held liable in respect of delay, conquen-tial loss or damage other than loss of or damage to the cargo,the liability of the Carrier shall be limited to the freight for the carriage covered by this Bill of Lading, or to the limitation amount as determined in sub-clau 3(a), whichever is the lesr.
(c) The aggregate liability of the Carrier and/or any of his r-vants, agents or independent contractors under this Contract shall, in no circumstances, exceed the limits of liability for the total loss of the cargo under sub-clau 3(a) or, if applicable,the Additional Clau.4. Law and Jurisdiction.
Disputes arising out of or in connection with this Bill of Lading shall be exclusively determined by the courts and in accor-dance with the law of the place where the Carrier has his prin-cipal place of business, as stated on Page 1, except as pro-vided elwhere herein.5. The Scope of Carriage.
The intended carriage shall not be limited to the direct route but shall be deemed to include any proceeding or returning to or stopping or slowing down at or off any ports or places for any reasonable purpo connected with the carriage includ-ing bunkering, loading, discharging, or other
cargo operations and maintenance of Vesl and crew.6. Substitution of Vesl.
The Carrier shall be at liberty to carry the cargo or part thereof to the Port of discharge by the said or other vesl or vesls either belonging to the Carrier or others, or by other means of transport, proceeding either directly or indirectly to such port.7. Transhipment.
The Carrier shall be at liberty to tranship, lighter, land and store the cargo either on shore or afloat and reship and forward the same to the Port of discharge.
8. Liability for Pre- and On-Carriage.
When the Carrier arranges pre-carriage of the cargo from a place other than the Vesl’s Port of loading or on-carriage of the cargo to a place other than the Vesl’s Port of discharge,the Carrier shall contract as the Merchant’s Agent only and the Carrier shall not be liable for any loss or damage arising during any part of the carriage other than between the Port of loading and the Port of discharge even though the freight for the whole carriage has been collected by him.9. Loading and Discharging.
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(a) Loading and discharging of the cargo shall be arranged by the Carrier or his Agent.
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(b) The Merchant shall, at his risk and expen, handle and/or store the cargo before loading and after discharging.
(c) Loading and discharging may commence without prior no-tice.
(d) The Merchant or his Agent shall tender the cargo when the Vesl is ready to load and as fast as the Vesl can receive including, if required by the Carrier, outside ordinary working hours notwithstanding any custom of the port. If the Merchant or his Agent fails to tender the cargo when the Vesl is ready to load or fails to load as fast as the Vesl can receive the cargo, the Carrier shall be relieved of any obligation to load such cargo, the Vesl shall be entitled to leave the port with-out further notice and the Merchant shall be liable to the Car-rier for deadfreight and/or any overtime charges, loss, costs and expens incurred by the Carrier.
(e) The Merchant or his Agent shall take delivery of the cargo as fast as the Vesl can discharge including, if required by the Carrier, outside ordinary working hours notwithstanding
any custom of the port. If the Merchant or his Agent fails to take delivery of the cargo the Carrier’s discharging of the cargo shall be deemed fulfilment of the contract of carriage. Should the cargo not be applied for within a reasonable time, the Car-rier may ll the same privately or by auction. If the
Merchant or his Agent fails to take delivery of the cargo as fast as the Vesl can discharge, the Merchant shall be liable to the Car-rier for any overtime charges, loss, costs and expens in-curred by the Carrier.
(f) The Merchant shall accept his reasonable proportion of unidentified loo cargo.
10. Freight, Charges, Costs, Expens, Duties, Taxes and Fines.
(a) Freight, whether paid or not, shall be considered as fully earned upon loading and non-returnable in any event. Unless otherwi specified, freight and/or charges under this Con-tract are payable by the Merchant to the Carrier on demand.Interest at Libor (or its successor) plus 2 per cent. shall run from fourteen days after the date when freight and charges are payable.
(b) The Merchant shall be liable for all costs and expens of fumigation, gathering and sorting loo cargo and weighing onboard, repairing damage to and replacing packing due to excepted caus, and any extra handling of the cargo for any of the aforementioned reasons.
(c) The Merchant shall be liable for any dues, duties, taxes and charges which under any denomination may be levied,inter alia , on the basis of freight, weight of cargo or tonnage of the Vesl.
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(d) The Merchant shall be liable for all fines, penalties, costs,expens and loss which the Carrier, Vesl or cargo may incur through non-obrvance of Customs Hou and/or im-port or export regulations.
(e) The Carrier is entitled in ca of incorrect declaration of contents, weights, measurements or value of the cargo to claim double the amount of freight which would have been due if such declaration had been correctly given. For the purpo of ascertaining the actual facts, the Carrier shall have the right to obtain from the Merchant the original invoice and to have the cargo inspected and its contents, weight, measurement or value verified.11. Lien.
The Carrier shall have a lien on all cargo for any amount due under this contract and the costs of recovering the same and shall be entitled to ll the cargo privately or by auction to satisfy any such claims.
12. General Average and Salvage.
General Average shall be adjusted, stated and ttled in Lon-don according to the York-Antwerp Rules 1994, or any modifi-cation thereof, in respect of all cargo, whether carried on or under deck. In the event of accident, danger, damage or di-saster before or after commencement of the voyage res
ulting from any cau whatsoever, whether due to negligence or not,for which or for the conquence of which the Carrier is not responsible by statute, contract or otherwi, the Merchant shall contribute with the Carrier in General Average to the pay-ment of any sacrifice, loss or expens of a General Aver-age nature that may be made or incurred, and shall pay sal-vage and special charges incurred in respect of the cargo. If a salving vesl is owned or operated by the Carrier, salvage shall be paid for as fully as if the salving vesl or vesls belonged to strangers.
13. Both-to-Blame Collision Clau.
If the Vesl comes into collision with another vesl as a re-sult of the negligence of the other vesl and any act, negli-gence or default of the Master, Mariner, Pilot or the rvants of the Carrier in the navigation or in the management of the Vesl, the Merchant will indemnify the Carrier against all loss or liability to the other or non-carrying vesl or her Owner in so far as such loss or liability reprents loss of or damage to or any claim whatsoever of the owner of the cargo paid or payable by the other or non-carrying vesl or her Owner to the owner of the cargo and t-off, recouped or recovered by the other or non-carrying vesl or her Owner as part of his claim against the carrying vesl or Carrier. The foregoing pro-visions shall also apply where the Owner, operator or tho in charge of any vesl or vesls or objects other than, or in addition to, the colliding vesls or object
s are at fault in re-spect of a collision or contact.
14. Government directions, War, Epidemics, Ice, Strikes,etc.
(a) The Master and the Carrier shall have liberty to comply with any order or directions or recommendations in connec-tion with the carriage under this Contract given by any Gov-ernment or Authority, or anybody acting or purporting to act on behalf of such Government or Authority, or having under the terms of the insurance on the Vesl the right to give such orders or directions or recommendations.
(b) Should it appear that the performance of the carriage would expo the Vesl or any cargo onboard to risk of izure,damage or delay, in conquence of war, warlike operations,blockade, riots, civil commotions or piracy, or any person onboard to risk of loss of life or freedom, or that any such risk has incread, the Master may discharge the cargo at the Port of loading or any other safe and convenient port.
(c) Should it appear that epidemics; quarantine; ice; labour troubles, labour obstructions, strikes, lockouts (whether
onboard or on shore); difficulties in loading or discharging would prevent the Vesl from leaving the Port of loading or reaching or entering the Port of discharge or there discharging in the usual manner and departing therefrom, all of which safely and without unreasonable delay, the Master may discharge the cargo at the Port of loading or any other safe and convenient port.
(d) The discharge, under the provisions of this Clau, of any cargo shall be deemed due fulfilment of the contract of car-riage.
(e) If in connection with the exerci of any liberty under this Clau any extra expens are incurred they shall be paid by the Merchant in addition to the freight, together with return freight, if any, and a reasonable compensation for any extra rvices rendered to the cargo.
15. Defences and Limits of Liability for the Carrier, Ser-vants and Agents.
(a) It is hereby expressly agreed that no rvant or agent of the Carrier (which for the purpo of this Clau includes ev-ery independent contractor from time to time employed by the Carrier) shall in any circumstances whatsoever be under any liability whatsoever to the Merchant under this Contract of car-riage for any loss, damage or delay of whatsoever kind arising or resulting directly or indirectly from any act, neglect or de-fault on his part while acting in the cour of or in connection with his em
ployment.
(b) Without prejudice to the generality of the foregoing provi-sions in this Clau, every exemption from liability, limitation,condition and liberty herein contained and every right, defence and immunity of whatsoever nature applicable to the Carrier or to which the Carrier is entitled, shall also be available and shall extend to protect every such rvant and agent of the Carrier acting as aforesaid.
(c) The Merchant undertakes that no claim shall be made against any rvant or agent of the Carrier and, if any claim should nevertheless be made, to indemnify the Carrier against all conquences thereof.
(d) For the purpo of all the foregoing provisions of this Clau the Carrier is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of all persons who might be his rvants or agents from time to time and all such per-sons shall to this extent be or be deemed to be parties to this Contract of carriage.16. Stowage.
(a) The Carrier shall have the right to stow cargo by means of containers, trailers, transportable tanks, flats, pallets, or simi-lar articles of transport ud to consolidate goods.
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(b) The Carrier shall have the right to carry containers, trailers,transportable tanks and covered flats, whether stowed by the Carrier or received by him in a stowed condition from the Mer-chant, on or under deck without notice to the Merchant.
17. Shipper-Packed Containers, trailers, transportable tanks, flats and pallets.
(a) If a container has not been filled, packed or stowed by the Carrier, the Carrier shall not be liable for any loss of or dam-age to its contents and the Merchant shall cover any loss or expen incurred by the Carrier, if such loss, damage or ex-pen has been caud by:
(i) negligent filling, packing or stowing of the container;
(ii) the contents being unsuitable for carriage in container; or (iii) the unsuitability or defective condition of the container un-less the container has been supplied by the Carrier and the unsuitability or defective condition would not have been ap-parent upon reasonable inspection at or prior to the time when the container was filled, packed or stowed.
(b) The provisions of sub-clau (i) of this Clau also apply with respect to trailers, transportable tanks, flats and pallets which have not been filled, packed or stowed by the Carrier.(c) The Carrier do
es not accept liability for damage due to the unsuitability or defective condition of reefer equipment or trail-ers supplied by the Merchant.18. Return of Containers.
(a) Containers, pallets or similar articles of transport supplied by or on behalf of the Carrier shall be returned to the Carrier in the same order and condition as handed over to the Merchant,normal wear and tear excepted, with interiors clean and within the time prescribed in the Carrier’s tariff or elwhere.
(b) The Merchant shall be liable to the Carrier for any loss,damage to, or delay, including demurrage and detention in-curred by or sustained to containers, pallets or similar articles of transport during the period between handing over to the Merchant and return to the Carrier.ADDITIONAL CLAUSE
U.S. Trade. Period of Responsibility.
(i) In ca the Contract evidenced by this Bill of Lading is sub-ject to the Carriage of Goods by Sea Act of the United States of America, 1936 (U.S. COGSA), then the provisions stated in said Act shall govern before loading and after discharge and throughout the entire time the cargo is in the Carrier’s custody and in which event freight shall be payable on the cargo com-ing into the Carrier’s custody.
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(ii) If the U.S. COGSA applies, and unless the nature and value of the cargo has been declared by the shipper before the cargo has been handed over to the Carrier and inrted in this Bill of Lading, the Carrier shall in no event be or become liable for any loss or damage to the cargo in an amount exceeding USD 500 per package or customary freight unit.
FULL TERMS OF THE CARRIER’S BILL OF LADING FORM*
*BIMCO LINER BILL OF LADING Code Name: “Conlinebill 2000”
Amended January 1950; August 1952; January 1973; July 1974; August 1976; January 1978; November 2000
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