背书条款19条海运提单范本模板案例样本 TERMS AND CONDITIONS
Definitions "Merchant" means and includes the Shipper, the Consignor, the Consignee the Holder of this Bill of Lading, the receiver and the Owner of the Goods. "The Carrier" means the issuer of this Bill of Lading as named on the face of it.
The headings set forth below are for easy reference only.
Notwithstanding the heading "Combined Transport Bill of Lading",the provisions set out and referred to in this document shall also apply if the transport, as described on the face of the Bill of Lading, is performed by one of transport only.
2. Issuance of the "Combined Transport Bill of Lading"
2.1 By the issuance of this "Combined Transport Bill of Lading", the Carrier:
a) Undertake to perform and/or in his own name to procure the performace of the entire transport from the place at which the goods are taken in charge to the place designated for delivery in this Bill of Lading; and
b) assumes liability as set out in these Conditions.
3. Negotiability and title to the goods
3.1 By accepting this Bill of Lading the Merchant and this transferees agree with the Carrier that unless it is marked "non-negotiable" it shall constitute title to the goods and the holder, by endorsement of this Bill of Lading shall be entitled to received or to transfer the goods herein mentioned.
3.2 This Bill of Lading shall be prima facie evidence of the taking in charge by the Carrier of the goods as herein described. However proof to the contrary shall not be admissible when This Bill of Lading has negotiated or transferred for valuable consideration to a third party acting in food faith.
4. Dangerous Goods and Indemnity
4.1 The Merchant shall comply with rules which are mandatory according to the national law or by reason of International Convention relating to the carriage of goods of a dangerous nature and shall in any case inform the Carrier in writing of the exact nature of the danger, before goods of a dangerous nature are taken in charge by the Carrier and indicate to him, if any necessary percautions shall be taken.
4.2 If the Merchant falls to provide such information and th Carrier is unaware of the dangerous nature of the goods and the necessary precautions to be taken and if at any time, they are or deemed to be a hazard to life or prorerty, they may at any place be unloaded, destroyed or rendered harmless as circumstances may require without compensation by Carrier without notice to Merchant and the Merchant shall be liable for all loss, damage, delay or expenses arising out of their being taken in charge, or their carriage or of any service incidental thereto and shall indemnify the Carrier for any loss or damages arising therefrom.
The burden of proving the Carrier knew the exact nature of the danger constituted by the carriage of the said goods shall rest upon the person entitled to the goods.
4.3 If any goods shipped with the knowledge of the Carrier as to their dangerous nature shall become a danger to the vehicle or cargo, they may in like manner be unloaded or landed at any place or destroyed or rendered innocuous by the Carrier, without liability on the part of the Carrier except to General Average, if any.
5. Description of Goods and Merchant's Packing
5.1 The Consignor shall be deemed to have guaranteed to the Carrier the accuracy, at the time the goods were taken in charge by the Carrier, of the description of the goods. marks, number, quantity, weight and/or volume as furnished by him, and the Consignor shall indemnify the Carrier against all loss damage and expenses arising or resulting from inaccuracies in or inadequacy of such particulars. The right of the Carrier to such indemnity shall in no way limits his responsibility and liability under this Bill of Lading to any person other than the Consignor.
5.2 Without prejudice to Clause 6 (A) (2) (c), the Merchant shall be liable for loss damager or injury caused by faulty or insufficient packing of goods by faulty loading or packing within containers and trailers on flats, when such loading or packing has been performed by the Merchant or on behalf of the Merchant by a person other than the Carrier, or by the defect or unsuitability of the containers, trailers or flats, when supplied by the Merchant and shall indemnify the Carrier against any additional expenses so caused.