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| Bill of lading positive content |
| （Release time:2012-04-17 ）Click a rate： 0 |
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At present, the shipping company to develop the bill of lading format is not exactly the same, but its content is very much the same. Are presented below:
A. Necessary items recorded
Accordance with the provisions of Article 73 of the China Maritime Law ", positive bill of lading, in general, include the following:
(1) of the goods, signs, the number of packages or pieces, weight or volume, as well as the transport of dangerous goods hazardous nature:
(Description of the goods, mark, number of packages or piece, weight or quantity, and a statement, if applicable, as to the dangerous nature of the goods);
(2) The carrier's name and principal place of business (Name and a principal place of business of the carrier);
(3) the name of the ship (Name of the ship);
(4) the name of the shipper (Name of the shipper);
(5) the name of the consignee (Name of the article consigned. Consignment);
(6) port of loading and date of receipt of the goods at the loading port (Port of loading and the date on Which the good were taken over by the carrier at the port of loading);
(7) Port of discharge (Port of discharge);
(8), the multimodal transport bill of lading the cargo location and delivery of the goods location (Place, where the goods were taken over and the place where the goods are to be
delivered in case of a multimodal transport bill of lading);
(9) the issuance of the bill of lading date, location and number of copies (Date and place of issue of the bill of loading and the number
of originals issued);
(10) Payment of freight (Payment of freight);
(11) the carrier or its representative signature (Signature of the carrier or of a person acting on his behalf).
The bill of lading, the lack of one or more of the preceding paragraph shall not affect the nature of the bill of lading, bills of lading shall comply with the provisions of the law 71.
The above requirements: The absence of one or several, does not affect the legal status of the bill of lading, but must comply with the provisions of the maritime law on the definition and function of the bill of lading. In addition to the multimodal transport bill of lading is issued in the inland the third name of the ship; issuance of ocean bills of lading, multimodal transport bill of lading to receive goods location and the location of the delivery of the goods and freight to pay three, eight other essential less, the bill of lading of the shipping companies to develop its content is similar.
Two. The provisions of international conventions relating to Bills of Lading on the necessary items recorded
Accordance with the provisions of Article 3 of the Hague Rules: After receipt of the goods, the carrier or the master or agent of the carrier, should be issued in accordance with the request of the shipper to shipper bill of lading, it contains:
(1) and in writing by the shipper before the loading start, the leading marks necessary for identification of the goods;
(2) provided by the shipper in writing, the number of packages or pieces, or quantity, or weight;
(3) of the surface condition of the goods.
In addition, Article 4 of the Hague Rules also provides that: "This bill of lading should be used as the carrier surface in accordance with paragraph 3 (a), (2), (3) above, the receipt of the goods contained in the bill of lading evidence. "
To amend the Hague Rules, Visby Rules, the necessary items recorded on the provisions of the Hague Rules are not to be modified, but the effectiveness of the evidence of the contents of these records has been revised, provides that: "... However, when when the bill of lading has been transferred to a bona fide third parties, with this evidence to the contrary not to adopt this supplementary text for evidence of the effectiveness of the provisions of the Hague Rules, the law imposes on the carrier an obligation, that is, For bona fide third parties, the carrier shall be responsible for the matters recorded on the bill of lading the goods, defense can not in fact the goods are not on board. In this way, the records of the goods on the bill of lading has become conclusive evidence of receipt of the goods in accordance with the recorded content of the bill of lading.
Hamburg Rules make detailed provisions on the bill of lading must be recorded, and 15 must be recorded matters listed in Article 15 first paragraph of the Chinese Communist:
(1) of the goods, signs, the number of packages or pieces, weight or quantity otherwise expressed, in the case of dangerous goods, then its clear description of the dangerous nature of such information furnished by the shipper;
(2) the status of the appearance of the goods;
(3) the name of the carrier and its main place of business;
(4) The shipper name;
(5) The name of shipper, named consignee when the consignee;
(6) of the port of loading under the contract of carriage by sea, and the goods taken over by the carrier at the port of shipment date;
(7) the port of discharge of the contract of carriage by sea;
(8) original bill of lading to more than a when the number of copies;
(9) The bill of lading issued by location;
(10) the signature of the carrier and its representatives;
(11), the consignee to cope with the amount of freight, or other indication that freight paid by the recipient;
(12) on the transport of goods shall comply with the rule provisions, who deviates from this, detrimental to the statement of the terms of the shipper or the consignee shall be void;
(13) the declaration of goods shall or may be shipped on deck;
(14) expressly agreed by the carrier and the shipper of goods at the port of discharge of the delivery date or period;
(15) above the rules agreed upon by the carrier and the shipper, the carrier's liability limit.
Article 15, paragraph 3, of the Hamburg Rules also provides that: "bill of lading to the omission of one or more required by this section does not affect the legal nature of the document as a bill of lading, but the documents must comply with Article 7 ( bill of lading definition) the requirements. "
Article 16 of the "Hamburg Rules" on the bill of lading necessary items recorded on the evidence of effectiveness, to make the same requirements as the "Visby Rules". That the carrier issued a bill of lading on board is considered prima facie evidence of the bill of lading described the goods have been shipped, when the bill of lading is transferred to the bona fide third parties, including a consignee, recorded on the bill of lading conclusive evidence of effect.
3. General items recorded
(1) belong to the carrier due to business needs and records matters: such as cruises along the number, the captain's name, time and place of payment of freight, exchange rates, bills of lading number and inform the people.
(2) the matters recorded to distinguish between the carrier and the shipper responsibility: If the number of controversial notation; endorsement in order to reduce or waive the responsibility of the carrier; in order to expand or emphasis on the bill of lading has been printed properly Disclaimer terms; easy to damage the special goods affixed to the carrier bill of lading exempted from liability for such damage for the content of the seals and other.
(3) The carrier and the shipper of the terms of the commitment, such as the description the COSCO bill of lading the front bottom right of the text:
① "above in apparent good condition of the goods (unless otherwise specified), already installed in the above board, and should be above the port of discharge or the ship to safely reach and maintain afloat near the place of unloading the goods." weight, size, logo, numbers, quality, content and value provided by the shipper, the carrier did not check the time of shipment, the shipper, consignee and bill of lading holder Ziming expressly accept and agree to the contained in the bill of lading and it is on the back of all printed, written or printed provisions, exceptions and conditions. "
② "as the proof of the above, the carrier or its agent has signed the bill of lading (number of copies), including a complete delivery procedures, others to stand void."
③ "the shipper to pay special attention to the effectiveness of the relevant exceptions and conditions of this bill of lading and the cargo insurance.
According to the China Maritime Law Article 77 provides: Unless the carrier in accordance with the relevant provisions make a reservation, the carrier or on behalf of issuing the bill of lading bill of lading issued by the carrier receipt of the goods or goods in accordance with the bill of lading described therein has prima facie evidence of shipment; the carrier bill of lading to the transferee in good faith, including a consignee of the state of the bill of lading contained in the evidence, be recognized.
The Hague - Visby Rules and Hamburg Rules have similar provisions, the bill of lading the goods items recorded on the evidence the effectiveness of the provisions made. In view of the above provisions in the port of discharge, if the actual situation of the goods recorded in the bill of lading inconsistent, thus the losses caused to the consignee Except as otherwise provided by law, the carrier is liable. The carrier can prove that the above inconsistency is the shipper's cause, they can claim the difference from the shipper.
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