The bill of lading is divided into two sides: the name of the ship, the shipper, the consignee, the place of departure, the destination, the name of the goods, the number of pieces and other matters related to the transportation of goods stipulated in the bill of lading; There are clauses on the back about the rights and obligations between the carrier and the shipper. Referring to the bill of lading of China Ocean Shipping Company and the bill of lading of American Presidential Shipping Company, this paper discusses some practical problems about the terms of the bill of lading.

1. vector

According to the definition of carrier in The Hague Rules or Hamburg Rules, the carrier refers to the person who enters into a contract of carriage with the shipper. If the ship carrying the goods is owned by the liner company, the carrier shall be the owner of the ship; If a charterer charters a ship, the charterer is the carrier, and the shipowner or lessor at this time is the actual carrier or * * * co-carrier. The bill of lading generally has the name of the shipping company, that is, the name of the consignee, which is the carrier. Sometimes, there is no company name on the bill of lading, so the person who signs the bill of lading is the carrier. If the captain signs it, the shipowner is the carrier, unless it is explicitly designated as the carrier. According to Hamburg rules, the signature on the bill of lading is issued for the carrier, and so is the signature of the captain. Some bills of lading are issued by the so-called bareboat charterer, who is not the carrier. This kind of lessee's attempt to escape as a carrier is not recognized in the laws of some countries, because the carrier is not specified in the bill of lading, which is extremely unfavorable for protecting the shipper's litigation rights.

2. Number and function of the original bill of lading.

On the front of the bill of lading, the number of copies of the original bill of lading is indicated, and it is agreed that after one of them completes the delivery procedures, the other copies will be invalid. If two original bills of lading require the carrier to deliver the goods at the same time, the carrier should not deliver the goods, but can submit them to the court for ruling.

It is customary to issue the original bill of lading in triplicate, which was originally sent in batches to ensure the correct mailing. At present, when settling foreign exchange by documentary letter of credit, a full set of original bills of lading must be submitted to protect property rights; If the shipper requests to change the mode of transportation, he must also submit a full set of bills of lading. There is no limit to the number of copies or transcripts of the bill of lading. They can only be used as a reference and cannot be used to pick up the goods.

Due to the short voyage, the ship arrived at the port of destination before the bill of lading. If it is a registered bill of lading, the consignee can provide reliable guarantee to pick up the goods first. If it is an instruction bill of lading, we don't know who the consignee is, and the carrier can't deliver the goods without seeing the bill of lading. In any case, it is very risky for the carrier to deliver the goods without bill of lading.

3. The first clause is the applicable law clause of the bill of lading.

As many countries are contracting parties to The Hague Rules, international ocean bills of lading usually contain domestic laws and main clauses that apply or make The Hague Rules effective. For example, the bill of lading of the President's Shipping Company of the United States stipulates that the maritime transport law of the United States 1936 shall apply. China is not a party to The Hague Rules, and COSCO Bill of Lading contains two clauses: Jurisdiction and Carrier's Liability. The former stipulates that disputes concerning bills of lading shall be settled in the courts of China or arbitrated in China according to the laws of China. The latter stipulates that the obligations, responsibilities, rights and immunities of the carrier shall be governed by The Hague Rules. Generally speaking, the applicable provisions of the law can be recognized. Jurisdiction clauses are governed by agreement, especially the clauses in the bill of lading, which are treated differently in different countries. The former Soviet Union and the Federal Republic of Germany accepted this clause, while most countries in the common law system depend on the convenience of litigation and whether the plaintiff's legitimate rights and interests can be better protected. Some countries also adopt the principle of mutual recognition. Cosco Bill of Lading puts forward two possible ways to solve disputes, which is difficult to become a clear arbitration agreement. Cosco bill of lading also has a regional clause, which is specially formulated for Sino-US routes. This clause stipulates that the bill of lading on the Sino-American route is subject to the US 1936 Law on Carriage of Goods by Sea, and the maximum compensation limit for each batch of goods is US$ 500.

4. Terms of loading, unloading and delivery.

This is about the provisions on demurrage charges for loading and unloading goods in liner transportation. This clause requires the shipper to provide and accept the goods at the speed that the ship can load and unload, otherwise, the shipper shall bear the losses caused thereby, including demurrage. Although COSCO generally does not claim compensation from the shipper in domestic ports, the demurrage clause, as a liner bill of lading, is legally recognized and should attract the attention of both the owner and the shipper.

5. Transshipment

The general bill of lading also has similar provisions as follows: the carrier has the right to deliver the goods to other ships or transport them directly or indirectly to the port of destination by rail or other means of transportation when necessary, and the expenses shall be borne by the carrier, but the risks beyond the carrier's control shall be borne by the cargo side. The bill of lading of the President's Steamship Company of the United States also specifically points out that this transshipment does not constitute a deviation, so as to protect the interests of shipowners.

6. The declaration of goods must conform to the reality.

This is something that the shipper must do seriously. If the reported weight or size is not true, it may lead to a delivery freight penalty; If the weight of the main cargo is not correctly declared, thus damaging the hoisting machinery or ship or causing personal injury or death, the shipper shall be liable for compensation.

7. Container cargo

This is a new clause to adapt to container transportation. Some containers are packed by carriers, while others are packed by consignors. In addition, due to the characteristics of containers, the responsibilities of container cargo transportation are as follows:

(1) The container can be installed on the deck without prior consultation, and shall be treated as the transportation responsibility of general goods;

(2) As long as the seal is complete, the carrier is not responsible for the loss or damage of the consignor or the goods contained in the container packed by the consignor;

(3) If improper packaging causes personal injury or loss to the carrier, the shipper or the shipper shall be responsible. Therefore, the shipper must check the container before packing and stow it properly to ensure the safety of freight.

8. Clean bill of lading and letter of guarantee.

According to the documentary credit system, the carrier is required to issue a clean bill of lading, that is, an annotated bill of lading. After the goods are loaded, the first mate on board shall sign the first mate's receipt according to the apparent conditions of receiving the goods. If there is any damage, stain or mildew, make a vivid annotation on the receipt, and the carrier will issue a clean bill of lading or an annotated bill of lading according to the first mate's receipt. The cargo side often can't accept dirty bills of lading with comments, because they can't be used to settle foreign exchange. When there is a dispute between the consignor and the consignee, the consignor often issues a letter of guarantee, and the carrier issues a clean bill of lading accordingly. Where the consignee claims compensation from the ship, the shipper shall be responsible for compensating the carrier. However, countries have different opinions on the legal status of Bao Hua. Some of them are considered cheating, so the protection of painting is invalid; Others think it is for the convenience of international trade. The Hague Rules did not stipulate the letter of guarantee, while the Hamburg Rules gave the letter of guarantee legal status, which was obviously effective between the consignor and the consignor, but invalid to the consignee. At the same time, it is clearly stipulated that if there is an intention to deceive the consignee when accepting the painting, the letter of guarantee is not binding on the shipper. The above provisions are very strict for carriers. In the absence of fraud, if there is any damage to the goods, he must first be responsible to the consignee and then make compulsory compensation to the shipper; When it is proved that there is cheating intention, the carrier takes full responsibility, and the person who issued the letter of guarantee, the person who cheated in the future, said every day. We believe that the provisions of the Hamburg Rules are reasonable. For disputes between consignors due to the quantity or appearance of goods, it is a convenient measure to exchange a letter of guarantee for a clean bill of lading without further damage and without time for review. However, if both the consignor and the consignee issue a clean bill of lading with a letter of guarantee knowing that the package is short or the goods are moldy, it is indeed cheating on the consignee and should be restricted.

Bulk cargo transportation: refers to the goods that the shipper collects more than 3 tons or less at a time, but whose nature, volume and shape need to be transported by car.