中远集运提单背面条款中英文对照TERMS AND CONDITION1. DEFINITIONSquotCarrierquot means COSCO container lines company
limited.quotMerchantquot includes the consignor the shipper the receiver the consignee the owner of theGoods the lawful holder or endore of this Bill of Lading or any other person having anyprent or future interest in the Goods or this Bill of Lading or anyone authorized to act on behalfof any of the foregoing.quotVeslquot where the context so admits includes the Vesl named in Box 6 of this Bill of Ladingor any substitute therefore and any feeder vesl lighter or barge ud by or on behalf of theCarrier in connection with any aborne leg of the carriage.quotSub-contractorquot includes owners and operators of vesls other than the Carrier stevedoresterminal warehou depot and groupage operators road and rail transport operators and anyindependent contractor employed by the Carrier in the performance of the carriage and anysub-sub-contractor thereof. The expression Sub-contractor shall include direct and indirectSub-contractors and their respective rvants agents or Sub-contractors.quotGoodsquot means the whole or any part of the cargo received from the Merchant and includes anyContainer not supplied by or on behalf of the Carrier.quotPackagequot means each Container which is stuffed and aled by or on behalf of the Merchant andnot the items packed in such Container if the number of such items is not indicated on the front ofthis Bill of Lading or is indicated by 变色衣服
the te rms such as “Said to Contain” or similar expressions.quotShipping Unitquot means any physical unit of cargo not shipped in a package including machineryvehicles and boats except goods shipped in bulk.quotContainerquot includes any Container open top trailer transportable tank flat rack platform palletand any other equipment or device ud for or in connection with the transportation of the Goods.2. CARRIERS TARIFFThe terms of the Carriers applicable Tariff and other requirements regarding charges areincorporated into this Bill of Lading. Particular attention is drawn to the terms contained thereinincluding but not limited to free storage time Container and vehicle demurrage etc. Copies ofthe relevant provisions of the applicable Tariff are obtainable from the Carrier or his agents uponrequest. In ca of any inconsistency between this Bill of Lading and the applicable Tariff thisBill of Lading shall prevail.3. SUB-CONTRACTING INDEMNITY AND CERTAIN DEFENSES EXEMPTIONSAND LIMITATIONS1 The Carrier shall have the right at any time and on any terms whatsoever to sub-contract thewhole or any part of the carriage with any Sub-contractor and/or to substitute any other vesl ormeans of transport for the Vesl.2 The Merchant undertakes that no claim or legal action whatsoever shall be made or brought 1against any person by whom the carriage is performed or undertaken including but not limited tothe Carriers rvants agents or Sub-contractors other than the Carrier which impos orattempts to impo upon any such person or any vesl owned or operated by such person anyliability whatsoever in connection with th
e Goods or the carriage thereof whether or not arisingout of negligence on the part of such person. Should any such claim or legal action nevertheless bemade or brought the Merchant undertakes to indemnify the Carrier against all conquencesthereof including legal expens on a full indemnity basis.Without prejudice to the foregoing every such person or vesl including but not limited to theCarriers rvants agents or Sub-contractors as defined in Clau 1 above shall have the benefitof every exemption defen and limitation herein contained applicable to the Carrier in contractor in tort as if such provision were expressly contracted for its benefit and in entering into thiscontract the
生产管理内训Carrier to the extent of such exemptions defens and limitations does so not onlyon its behalf but also as an agent and trustee for such person or vesl.4. CARRIERS RESPONSIBILITY1 Port to Port Shipment If boxes 6 7 and 8 but not boxes 45and 9 are filled in on the front ofthis Bill of Lading this Bill of Lading is a Port-to-Port contract. The Carrier shall be responsiblefor the Goods as Carrier from the time when the Goods are received by the Carrier at the Port ofLoading until the time of delivery thereof at the port of discharge to the Merchant or to theAuthority 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 ofLading and the places or ports indicated therein
钱的来历is/are places or ports other than thatindicated in Box 7 and Box 8 and Freight is paid for combined tr摇滚学校
ansport this Bill of Lading is acombined transport contract. The Carrier undertakes to arrange or procure the pre-carriage and/oron-carriage gments of the combined transport. All claims arising from the combined transportcarriage must be filed with the Carrier within 9 months after the delivery of the Goods or the datewhen the Goods should have been delivered failing which the Carrier shall be discharged from allliabilities whatsoever in respect of the Goods. If any payment is made by the Carrier to theMerchant in respect of any claim arising from the combined transport carriage the Carrier shall beautomatically subrogated to or given all rights of the Merchant against all others includingpre-carrier or on-carrier or Sub-contractor on account of such loss or damage. Nothing hereincontained shall be deemed a waiver of any rights that the Carrier may have against a pre-carrier oron-carrier or Sub-contractor for indemnity or otherwi.5. NOTICE OF CLAIM AND TIME BAR1 Unless notice of loss or damage is given in writing to the Carriers agent at the Port ofDischarge or Place of Delivery before or on the date of delivery of the Goods or if loss or damageis not apparent within 15 concutive days thereafter such delivery shall be prima facie evidenceof the delivery of the Goods by the Carrier and/or on-carrier in the order and condition describedin this Bill of Lading.2 The Carrier its rvants agents and Sub-contractors shall be discharged from all liabilitieswhatsoever unless suit is brought within one year after the delivery of the Goods or the date whenthe Goods should have been delivered.6. LOSS OR DAMAGE1 The terms of this Bill of Lading
shall at all times govern all responsibilities of the Carrier inconnection with or arising out of the carriage of the Goods not only during the carriage but also 2during the period prior to and/or subquent to the carriage. The exemptions from liabilitydefens and limitation of liability provided for herein or otherwi shall apply in any actionagainst the Carrier for loss or damage or delay howsoever occurring and whether the action befounded in contract or in tort and even if the loss damage or delay aro as a result ofunaworthiness negligence or fundamental breach of contract. Save as is otherwi providedherein the Carrier shall in no circumstances whatsoever and howsoever arising be liable for director indirect or conquential loss or damage or loss of profits.2 The Carrier does not undertake that the Goods will be transported from or loaded at the placeof receipt or loading or will arrive at the place of discharge destination or transshipment aboardany particular vesl or other conveyance at any particular date or time or to meet any particularmarket or in time for any particular u. Scheduled or advertid departure and arrival times areonly expected times and may be advanced or delayed if the Carrier shall find it necessary prudentor convenient. The Carrier shall in no circumstances whatsoever and howsoever arising be liablefor direct indirect or conquential loss or damage caud by delay.3 If the stage of the combined transport
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during which loss or damage occurred can be determinedthe liability of the Carrier shall be governed by the national laws and/or internationalconventions applicable thereto. If the stage of the combined transport during which loss ordamage occurred cannot be determined the Merchant and the Carrier agree that it shall be deemedthat the loss or damage occurred aboard the Carrier’s Vesl. In either ca claus 52 and 7shall apply.7. LIMITATION OF LIABILITY1 Except as provided for in Clau 72 this Bill of Lading shall be subject to the provisions ofthe Maritime Code of the Peoples Republic of China as provided for in Clau 261. Neither theCarrier its rvants agents Sub-contractors nor the Vesl shall in any event be liable for any lossor damage to the Goods in any amount exceeding the limits per package or unit prescribed by thatCode unless the nature and value of the Goods have been declared by the Merchant beforeshipment and inrted in this Bill of Lading Box 10 and the Merchant has paid additional Freighton such declared value.2 Where carriage includes carriage to or from or through a port or place in the United States ofAmerica this Bill of Lading shall be subject to the provisions of the United States Carriage ofGoods by Sea Act 1936 US COGSA and any amendments thereto as provided for in Clau262 hereof. In such event neither the Carriers nor its rvants agents Sub-contractors and/or theVesl shall in any event be liable for any loss of or damage to the Goods in an amount exceedingthe limits per package or unit prescribed by US COGSA unless the nature and value of the Goodshave been declared by the Merchant before shipm
ent and inrted in this Bill of Lading Box 10and the Merchant has paid additional Freight on such declared value.3 If a legal regime other than the Maritime Code of the People’s Republic of China or USCOGSA is compulsorily applied to this Bill of Lading the liability of the Carrier if any shall notexceed the limits per Package or Shipping Unit prescribed therein unless the nature and value ofthe Goods have been declared by the Merchant and inrted in this Bill of Lading Box 10 and theMerchant has paid additional Freight on such declared value.4 For the purpo of this Clau 7 the declared value shall be the basis for calculating theCarrier’s liability if any provided that such declared value shall not be conclusive on the Carrierand further provided that such declared value does not exceed the true value of the Goods at
老年人运动3destination. Any partial loss or damage shall be adjusted pro-rata on the basis of such declaredvalue.8. FIREThe Carrier shall not be liable for any loss of or damage to the Goods occurring at any timeincluding that before loading or after discharge by reason of any fire whatsoever unless such fireis caud by the actual fault of the Carrier.9. CARRIERS CONTAINERS1 Goods received in break bulk will be stuffed by the Carrier in Containers and the Carrier shallhave the right to carry any Containers whether or not stuffed by the Carrier on deck or belowdeck. All such Goods shall participate in General Average.2 If Carriers Containers and equipment are ud by the Merchant for
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pre-carriage or on-carriageor unpacked at the Merchants premis the Merchant is responsible for returning the emptyContainers with interiors brushed clean and free of smell to the point or place designated by theCarrier its rvants or agents within the time prescribed in the Tariff and/or required by theCarrier. Should a Container not be returned within the aforesaid time the Merchant shall be liablefor any detention demurrage loss or expens which may ari from such non-return.3 The Merchant shall be liable for any loss of or damage to Carriers Containers and otherequipment while in the custody of the Merchant or anyone acting on the Merchants behalf. TheMerchant shall also be liable during such period for any loss of or damage to the property ofothers or for any injuries
梦见狗咬别人or death and the Merchant shall indemnify and hold the Carrier harmlessagainst all damages including legal expens incurred from any and all such claims arisingduring such periods.10. MERCHANT-STUFFED CONTAINER1 If a Container has not been stuffed by or on behalf of the Carrier the Carrier shall not be liablefor loss of or damage to the Goods and the Merchant shall indemnify the Carrier against any lossdamage liability or expen incurred by the Carrier if such loss damage liability or expen hasbeen caud by:a the manner in which the Container has been filled packed loaded or stuffed orb the unsuitability of the Goods for carriage in the Container orc the unsuitability or defective condition of the Container provided that if the Container hadbeen supplied b
y or on behalf of the Carrier this unsuitability or defective condition could havebeen apparent upon inspection by the Merchant at or prior to the time when the Container wasfilled packed loaded or stuffed.2 If a Merchant-stuffed Container is delivered by the Carrier with its al intact such deliveryshall constitute full and complete performance of the Carriers obligations hereunder and theCarrier shall not be liable for any loss or shortage of the Goods ascertained at delivery.3 The Merchant shall inspect Containers before stuffing them and the u of a Container shall beprima facie evidence of its being suitable and without defect.11. MERCHANTS DESCRIPTION1 The Merchants description of the Goods stuffed in a aled Container by the Merchant or onhis behalf shall not be binding on the Carrier and the description declared by the Merchant on thefront of this Bill of Lading is information provided by the Merchant solely for its own uincluding but not limited to the u of its freight forwarder. It is understood by the Merchant thatthe Carrier has not verified the contents weight or measurement of a aled container and the 4Carrier makes no reprentation as to the contents of a aled Container van crate or boxhereunder nor its weight or measurement nor the value quantity quality description conditionmarks or number of the contents thereof. The Carrier shall be under no responsibility whatsoeverin respect of such description or particulars.2 If any particulars of any letter of credit and/or import licen and/or sales contract and/orinvoice or order number and/or details of any contract to which the Carrier is not a party areshown on the front of this
Bill of Lading such particulars are included solely at the request of theMerchant for its convenience. The Merchant agrees that the inclusion of such particulars shall notbe regarded as a declaration of value and shall in no way affect the Carriers liability under thisBill of Lading. The Merchant acknowledges that except as provided for in Clau 7 hereof thevalue of the Goods is unknown to the Carrier.12. MERCHANTS RESPONSIBILITY1 The parties defined as “Merchant” in clau 1 hereof shall where applicable be jointly andverally liable to the Carrier for the due fulfillment of all obligations undertaken by any of themunder this Bill of Lading.2 The Merchant warrants to the Carrier that the particulars relating to the Goods as t forth onthe front of this Bill of Lading have been checked by the Merchant on receipt of this Bill ofLading and that such particulars and any particulars furnished by or on behalf of the Merchantare adequate and correct. The Merchant also warrants that the Goods are lawful Goods and are notcontraband.3 The Merchant shall indemnify the Carrier against all liabilities costs loss damages finespenalties expens or other sanctions of a monetary nature arising or resulting from any breach ofthe warra.
