提单背面条款
SUBJECT TO THE TERMS AND CONDITIONS ON BACK1. DEFINITIONS"Carrier" means COSCO container lines company limited."Merchant" includes the consignor, the shipper, the receiver, the consignee, the owner of the Goods, the lawful holder or endorsee of this Bill of Lading, or any other person having any present or future interest in the Goods or this Bill of Lading, or anyone authorized to act on behalf of any of the foregoing.2. CARRIER\'S TARIFFThe terms of the Carrier\'s applicable Tariff and other requirements regarding charges are incorporated into this Bill of Lading. Particular attention is drawn to the terms contained therein, including, but not limited to, free storage time, Container and vehicle demurrage,etc. Copies of the relevant provisions of the applicable Tariff are obtainable from the Carrier or his agents upon request. In case of any inconsistency between this Bill of Lading and the applicable Tariff, this Bill of Lading shall prevail.3. SUB-CONTRACTING, INDEMNITY AND CERTAIN DEFENSES, EXEMPTIONS AND LIMITATIONSThe Carrier shall have the right at any time and on any terms whatsoever to sub-contract the whole or any part of the carriage with any Sub-contractor and/or to substitute any other vessel or means of transport for the Vessel.4. CARRIER\'S RESPONSIBILITYPort to Port Shipment If boxes 6, 7 and 8 but not boxes 4,5and 9 are filled in on the front of this Bill of Lading, this Bill of Lading is a Port-to-Port contract. The Carrier shall be responsible for the Goods as Carrier from the time when the Goods are received by the Carrier at the Port of Loading until the time of delivery thereof at the port of discharge to the Merchant or to the Authority as required by local laws or regulations, whichever occurs earlier.5. NOTICE OF CLAIM AND TIME BARUnless notice of loss or damage is given in writing to the Carrier\'s agent at the Port of Discharge or Place of Delivery before or on the date of delivery of the Goods, or if loss or damage is not apparent, within 15 consecutive days thereafter, such delivery shall be prima facie evidence of the delivery of the Goods by the Carrier and/or on-carrier in the order and condition described in this Bill of Lading.6. LOSS OR DAMAGEThe terms of this Bill of Lading shall at all times govern all responsibilities of the Carrier in connection with or arising out of the carriage of the Goods not only during the carriage, but also during the period prior to and/or subsequent to the carriage. The exemptions from liability, defenses and limitation of liability provided for herein or otherwise shall apply in any action against the Carrier for loss or damage or delay, howsoever occurring and whether the action be founded in contract or in tort and even if the loss, damage or delay arose as a result of unseaworthiness, negligence or fundamental breach of contract. Save as is otherwise provided herein, the Carrier shall in no circumstances whatsoever and howsoever arising be liable for direct or indirect or consequential loss or damage or loss of profits.7. LIMITATION OF LIABILITYExcept as provided for in Clause 7(2), this Bill of Lading shall be subject to the provisions of the Maritime Code of the People\'s Republic of China as provided for in Clause 26(1). Neither the Carrier, its servants, agents, Sub-contractors nor the Vessel shall in any event be liable for any loss or damage to the Goods in any amount exceeding the limits per package or unit prescribed by that Code, unless the nature and value of the Goods have been declared by the Merchant before shipment and inserted in this Bill of Lading (Box 10) and the Merchant has paid additional Freight on such declared value.8. FIREThe Carrier shall not be liable for any loss of or damage to the Goods occurring at any time, including that before loading or after discharge by reason of any fire whatsoever, unless such fire is caused by the actual fault of the Carrier.9. CARRIER\'S CONTAINERSGoods received in break bulk will be stuffed by the Carrier in Containers and the Carrier shall have the right to carry any Containers, whether or not stuffed by the Carrier, on deck or below deck. All such Goods shall participate in General Average.10. MERCHANT-STUFFED CONTAINERIf a Container has not been stuffed by or on behalf of the Carrier, the Carrier shall not be liable for loss of or damage to the Goods and the Merchant shall indemnify the Carrier against any loss, damage, liability or expense incurred by the Carrier if such loss, damage, liability or expense has been caused11. MERCHANT\'S DESCRIPTIONThe Merchant\'s description of the Goods stuffed in a sealed Container by the Merchant, or on his behalf, shall not be binding on the Carrier, and the description declared by the Merchant on the front of this Bill of Lading is information provided by the Merchant solely for its own use including but not limited to the use of its freight forwarder. It is understood by the Merchant that the Carrier has not verified the contents, weight or measurement of a sealed container, and the Carrier makes no representation as to the contents of a sealed Container, van, crate or box hereunder, nor its weight or measurement, nor the value, quantity, quality, description, condition, marks or number of the contents thereof.12. MERCHANT\'S RESPONSIBILITYThe parties defined as "Merchant" in clause 1 hereof shall, where applicable, be jointly and severally liable to the Carrier for the due fulfillment of all obligations undertaken by any of them under this Bill of Lading.13. FREIGHT AND CHARGES(1) All Freight shall be deemed fully, finally and unconditionally earned on receipt of the Goods by the Carrier and shall be paid and non-returnable in any event whatsoever.(2) All Freight and charges shall be paid without any set-off, counter-claim, deduction, or stay of execution before delivery of the Goods.14. INSPECTION OF THE GOODSThe Carrier and/or any person to whom the Carrier has sub-contracted the carriage or any person authorized by the Carrier shall be entitled, but under no obligation, to open any Container or Package at any time and to inspect the Goods.15. CARRIAGE AFFECTED BY CONDITION OF THE GOODSIf it appears at anytime that the Goods cannot safely or properly be carried or carried further, either at all or without incurring any additional expense or taking any measure(s) in relation to the Goods or the Container, the Carrier may without notice to the Merchant (but as its agent only) take any measure(s) and/or incur any additional expense to carry or to continue the carriage thereof.16. LIENSThe Carrier shall have a lien on the Goods and any documents relating thereto for Freight, dead Freight, demurrage, detention, and for any expenses incurred by the Carrier for recoopering, repacking, remarking, fumigation or required disposal of faulty Goods, for General Average contributions to whomsoever due, for fines, dues, tolls, land Freight, or commissions paid or advanced by the Carrier on behalf of the Goods.17. DECK CARGO, ANIMALS AND PLANTSGoods (other than Goods stuffed in Containers) that are stated on the front of this Bill of Lading as contracted to be stowed "on deck" and are so carried, and all live animals, including fish and birds, or plants shipped hereunder, shall be carried solely at the risk of the Merchant, and the Carrier shall not be liable for any loss or damage of whatsoever nature arising during carriage by sea whether or not arising out of negligence on the part of the Carrier.18. METHODS AND ROUTES OF CARRIAGEThe Carrier may at any time during the carriagetransfer the Goods from one conveyance to another including transshipment or carrying the same on another Vessel other than the Vessel named on the front of this Bill of Lading or by any other means of transport whatsoever.19. MATTERS AFFECTING PERFORMANCEIf at any time the carriage is or is likely in the judgment of the Master to be affected by any hindrance, risk, delay, difficulty or disadvantage of any kind, other than the inability of the Goods to be safely or properly carried or carried further, and howsoever arising (even though the circumstances giving rise to such matters as stated above existed at the time this contract was entered into or the Goods were received for shipment), the Carrier (whether or not the carriage is commenced) may, at his sole discretion and without prior notice to the Merchant: 20. DANGEROUS GOODSAt the time of shipment of Dangerous Goods, the Merchant shall, in compliance with the regulations governing the carriage of such Goods, have the same properly packed, distinctly marked and labeled and notify the Carrier in writing of their proper description, nature and the precautions to be taken. In case the Merchant fails to or inaccurately notifies the Carrier, the Carrier may have such Goods landed, destroyed or rendered innocuous when and where circumstances so require, without compensation. The Merchant shall be liable to the Carrier for any loss, damage or expense resulting from such shipment.21. SPECIAL, REFRIGERATED OR HEATED CONTAINERSUnless the Merchant and the Carrier agree in writing before shipment that specially ventilated, refrigerated or heated Containers will be used to ship the Goods and such agreement is noted on the front of this Bill of Lading, and the Merchant gives proper written notice to the Carrier of the nature of the Goods and of the particular temperature range to be maintained and/or special attention required and the Merchant pays the extra Freight charged under the Carrier\'s Tariff or as agreed, the Goods shall be carried in ordinary unventilated Containers. 22. NOTIFICATION AND DELIVERYAny mention herein of parties to be notified of the arrival of the Goods is solely for information of the Carrier, and failure to give such notification shall not give rise to any liability on the part of the Carrier or relieve the Merchant of any obligation hereunder.23. GENERAL A VERAGE AND SALV AGEGeneral Average shall be adjusted at any port or place at the Carrier\'s option according to the York-Antwerp Rules 1974, as amended in 1990, and any other amendments thereto. The Merchant shall give such cash deposit or other security as the Carrier may deem sufficient to cover the estimated General Average contribution of the Goods before delivery.24. BOTH-TO-BLAME COLLISIONThe Both-to-blame Collision Clause currently published by the Baltic and International Maritime Conference is deemed to be incorporate into this Bill of Lading.25. NON-VESSEL-OPERATING COMMON CARRIERSIf this Bill of Lading is accepted by a Merchant acting as a non-vessel-operating common carrier (NVOCC), who has in turn concluded other contracts of carriage with third parties, the NVOCC hereby warrants that the contracts concluded by him in respect of the Goods subject to this Bill of Lading shall incorporate the terms and conditions of this Bill of Lading. The NVOCC further warrants to indemnify the Carrier, its servants, agents and Sub-contractors against all consequences of his failure to do so.26. LAW AND JURISDICTIONThis Bill of Lading is governed by the laws of the People\'s Republic of China. All disputes arising under or in connection with this Bill of Lading shall be determined by the laws of the People\'s Republic of China and any action against the Carrier shall be brought before the Shanghai Maritime Court or other maritime courts in the People\'s Republic of China, as the case may be.27. V ARIATION OF THE CONTRACTNo servant, agent or Sub-contractor of the Carrier shall have the power to waive or vary any terms of this Bill of lading unless such waiver or variation is in writing and is specifically authorized or approved in writing by the Carrier.28. NEW JASON CLAUSEIn the event of accident, danger, damage or disaster before or after the commencement of the voyage resulting from any cause whatsoever, whether due to negligence or not, for which, or for the consequences of which, the Carrier is not responsible by statute.The following clauses are applicable only when document used as a Sea Waybill29. Delivery will be made to the consignee or his authorized representative upon presentation of a delivery receipt or other evidence of identity and authorization satisfactory to the Carrier in his sole and absolute discretion without the need of producing or surrendering a copy of his Sea Waybill.30. Except as provided in this Sea Waybill, the contract of carriage evidenced by this Sea Waybill is subject to the terms and conditions of the Carrier\'s current Combined Transport Bill of Lading, a copy of which may be obtained from the Carrier and its agent. The Shipper accepts all said terms and conditions, including but not limited to the per package and other limitations of liability contained therein, on behalf of the Consignee and the Owner of the Goods and warrants that he has authority to do so.。
提单背后面的条款
提单背后面的条款1．定义“承运人”包括xxx国际货运代理有限公司，xxx代理的各个船公司的船舶，船舶所有人，船舶经营者，船舶租赁者（无论光船租赁，期租，程租，，或是舱位或箱位租赁），船长以及任何的联合的或替代的水上承运人。
“贸易商”包括发货人，收货人，接收人，提单持有人，货主或有资格拥有货物的人，或拥有货物即时或远期利益的人，以及上述这些人的雇员或代理。
所有这些人就所有运费的支付以及就提单规定的所有义务的履行，对承运人负有连带的或各自的责任.。
“人”指任何自然人，公司，商号，无法人资格协会的法人团体，包括任何政府，政府或法定的机构，或者港务局。
“分包人”包括船舶的所有人和经营者（除承运人外），搬运工，码头，团体经营者，公路铁路运输经营者，码头装卸工人，仓库工作人员，以及承运人在履行运输合约中所雇佣的任何独立签约人。
“赔偿”包括辩护，赔偿和责任免除。
“货物”指从贸易商处收到的物品，包括非承运人或承运人的代表所提供的设备或集装箱。
在提单上签注货品已经“上船”，意味着货物已经被装载上承运人的船舶，或者承运人或承运人的代表用其他的运输方式使货物在往装货港的途中以便装载在承运人的船舶上。
“集装箱”包括任何开口或者封闭的集装箱，篷货车，拖车，平板车，运输用油罐，平板箱，货盘，托板，平台和任何可以用来拆装货物的相似物品，以及任何与此相关或附属的设备。
“运输”是指对于提单下列明的货物，由承运人所承担的全部或部分操作和服务。
当收货地和/或交货地在提单相关处被显示时，就是“联合运输”。
如果提单所要求的不是联运模式时，就是“港对港运输”。
“船舶”包括提单上列明的船舶，以及承运人，联合或替代承运人为履行该提单项下的运输合约而拥有、经营、租赁或雇佣的任何其他船舶，驳船及水运工具。
“运费”包括所有支付给承运人的费用，该费用与适用价目表和提单上所示一致。
2．承运人的适用价目表承运人的适用价目表上的条款于此同样适用。
请在这里特别关注与集装箱和运输工具逾期费有关的条款。
海运提单背面条款英文原版
1、DEFINIYION W herever the term Shipper” occurs hereinafter.lt shall be deemed to in clude also Receiver, Con sig nee. Holder of this Bill of Ladi ng and Owner of the goods.2、JURISDICTION All disputes arisi ng un der and in conn ection with this Bill of Lad ing shall be determ ined by the court in the Peop' Republic of China.3、DEMISE CLAUSE If the ship is not owned by or chartered by demise to the corporati on by whom this Bill of Ladi ng is issued (as may be the case no twithsta nding anything that appears to the con trary) this Bill of Lad ing shall take effect only as a con tract with the Owner or demise charterer as the case may be as prin cipal made through the age ncy of the said corporatio n who act as age nts only and shall be un der no pers on al liability whatsoever in respect thereof4、H AGUE RULES This Bill of Lading shall have effect in respect of Carrier' liabilities, resp on sibilles, rights and immun ities subject to the Hague Rules contained in the Intern ati onal Conven ti on for the Un ificati on of Certai n Rules Relat ing to Bills of Lad ing 1924.5、PACKING AND MARKS The Shipper shall have the goods properly packed addurately and clearly marked befpre shipme nt. The port of dest in atio n of the goods should be marked in letters of 5 cm high, in such a way as will rema in legible un til their delivery.6、OPTIONAL STOWAGE (1)The goods may be stowed by the Carrier in containers or similar articles of tran sport used to con solidate goods (2)Goods stowed in containers other tha n flats, pallets, trailets, tran sportable tanks or similar articles of tran sport whether by the Carrier or the Shipper, may be carried on or un der deck without no tice to the Shipper. Such goods whether carried on or un der deck shall participate in gen eral average.7、DECK CARGO. PLANTS AND LIVE ANIMALS Cargo on deck, plants and live ani mal are received, han dled, carried, kept and discharged at Shipp e ror Receiver'srisk and the Carrier shall not be liable for loss thereof or damage thereto.8、F REIGHT (l)Freight and charges shall be deemed earned on receipt of the goods by the Carrier and shall be paid by the Shipper and non-retur nable and non-deductable in any eve nt. Freight payable at dest in ati on together with other charges is due on arrival of the goods at the place of dest in ati on and shall be paid before delivery of the goods. (2)For the purpose of verifying the freight basis, the Carrier reserves the right to have the goods and the contents of contain ers, trailers or similar articles of tran sport in spected in order to ascerta in the weight, measureme nt, value or n ature of the goods. In case the particulars of the goods furni shed by the Shipper are in correct, the Shipper shall be liable and bound to pay to the Carrier a sum either five times the differe nee betwee n the correct freight and the freight charged or to double the correct less the freight charged, whichever sum is the smaller, as liquidated damages to the Carrier. 9、L IEN The Carrier shall have a lien on the goods and any documents relating thereto for all sums payable to the Carrier un der this Bill of Lad ing and for gen eral average con tributi ons to whomsoever due and for the cost of recoveri ng the same, and for that purpose shall have the right to sell the goods by public auct ion or private treaty without no tice to the Shipper. If on sale of the goods, the proceeds fail to cover the amount due and the cost in curred, the Carrier shall be en titled to recover the deficit from the Shipper.10、TIME BAR , NOTICE OF LOSS In any eve nt the Carrier shall be discharged from all liabilities un der this Bill of Lad ing uni ess suit is brought with in one year after the delivery of the goods or the date whe n the goods should have bee n delivered. Uni ess no tice of loss of or damage to the goods and the gen eral n ature of it be give n in writ ing to the Carrier at the place of delivery before or at the time of the removal of the goods into the custody of the pers on en titled to delivery thereof un der this Bill of Lad ing, or, if the loss or damage such removal shall be prima facie evide nee of the delivery by the Carrier of the goods as described in this Bill of Lading. In the caseof any actual or apprehe nded loss or damage the Carrier and the Shipper shall give all reas on able facilities to each other for in spect ing and tally ing the goods.(1)When the Carrier is liable for 11、THE AMOUNT OF COMPENSATIONcompe nsati on in respect of loss of or damage to the goods,such compe nsati on shall be calculated by refere nee to the inv oice value of the goods plus freight and in sura nee premium of paid. (2)Notwithsta ndi ng clause 4 of this Bill of Lad ing the limitatio n of liability un der the Hague Rules shall be deemed to be RMB¥ 700 per package or un it. (3)Higher compe nsatio n may be claimed only whe n, with the consent of the Carrier, the value for the goods declared by the Shipper which exceeds the limits laid dow n in this clause has bee n stated in this Bill of Lad ing and extra freight has bee n paid as required. In that case the amount of the declared value shall be substituted for that limit. Any partial loss or damage shall be adjusted pro rata on the basis of such declared value.12、LOADING , DISCHARGING AND DELIVERY T he goods shall be supplied and take n delivery of by the owner of the goods as fast as the ship can take and discharge them, without in terruptio n, by day and ni ght. Sun days and Holidaysin cluded, no twithsta nding any custom of the port to the con trary and the owner of the goods shall be liable for all losses or damages in curred in default thereof. Discharge may comme nee without previous no tice. If the goods are not take n delivery of by the Receiver in due time from alon gside the vessel, or if the Receiver refuses to take delivery of the goods, or in case there are un claimed goods, the Carrier shall be at liberty to land such goods on shore or any other proper places at the sole risk and expe nse of the Shipper or Receiver, and the Carri' resp on sibility of delivery of goods shall be deemed to have bee n fulfilled. If the goods are un claimed duri ng a reas on able time, or wherever the goods will become deteriorated, decayed or worthless, the Carrier may, at his discreti on and subject to his lie n and without any resp on sibility attachi ng to him, sell, aba ndon or otherwise dispose of such goods solely at the risk and expe nse of the Shipper.13、LIGHTERAGE Any lighterage in or off ports of loading or ports of discharge shall be for the acco unt of the Shipper or Receiver.14、FORWARDING , SUBSTITUTE OF VESSEL , THROUGH CARGO ANDTRANSHIPMENT If necessary, the Carrier may carry the goods to their port of desti nati on by other pers ons or by rail or other means of tran sport proceedi ng either directly or in directly to such port, and to carry the goods or part of them bey ond their port of desti nati on, and to tran sship and forward same at Carri' expe nse but at Shipper's or Receiver'srisk. The resp on sibility of the Carrier shall be limited to the part of the tran sport performed by him on the vessel un der his man agem int.15、DANGEROUS GOODS , CONTRABAND ⑴The Shipper undertakes not to ten der for tran sortati on any goods which are of a dan gerous, in flammable, radio-active,a nd/or any harmful mature without previously giving writte n no tece of their n ature to the Carrier and marking the goods and the container or other coveri ng on the outside as required by any laws or regulati ons which may be applicable duri ng the carriage. (2)Whenever the goods are discovered to have been shipped without compl ying with the subclause(1)above or the goods are found to be con traba nd or prohibited by any laws or regulati ons of the port of loadi ng, discharge or call or any place or waters duri ng the carriage, the Carrier shall be en titled to have such goods ren dered inno cuous, throw n overboard or discharged or otherwise disposed of at the carrier "sdiscreti on without compe nsati on and the Shipper shall be liable for and indemnify the Carrier aga inst any kind of loss, damage or liability in clud ing loss of freight, and any expe nses directly or in directly aris ing out of or result ing from such shipme nt. (3)If any goods shipped compl ying with the subclause (1)above become a dan ger to the ship or cargo, they may in like manner be ren dered inno cuous,throw n overboard or discharged or otherwise disposed of at the Carri' discreti on without compe nsati on except to gen eral average, of any.16、REFRIGERATED CARGO (1)The Shipper undertakes not to tender for tran sportati on any goods which require refrigerati on without previously givi ng writte n no tice of their n ature and particular temperayure range to be maintain ed. If the above requireme nts are not complied with, the Carrier shall not be liable for any loss of or damage to the goods howsoever aris ing (2)Before load ing goods in any in sulated space, the Carrier shall, in additi on to the Class Certificate, obtai n the certificate of the Classificati on Society'Surveyor or other compete nt pers on, stati ng that suchin sulated space veyor or other compete nt pers on fit and safe for the carriage and preservati on of refrigerated goods. The aforesaid certificate shall be con elusive evide nee aga inst the Shipper, Receiver an d/or any Holder of Bill of Lad ing. (3)Receivers have to take delivery of refrigerated goods as soon as the ship is ready to deliver, otherwise the Carrier shall la nd the goods at the wharf at Receiv' or Shipper's risk and expe nse.17、TIMBER Any statement in this Bill of Lading to the effect that timber has been shipped in apparent good order and condition does not invoIve any admission bythe Carrier as to the abse nee of sta ins, shakes, splits, holes or broke n pieces, for which the Carrier accepts no resp on sibility.18、BULK CARGO As the Carrier has no reaso nable mea ns of checki ng the weight of bulk cargo, any refere nee to such weight in this Bill of Ladi ng shall be deemed tobe for refere nee only, but shall con stitute in no way evide nee aga inst the Carrier. 19、COTTON Description of the apparent eondition of cotton or cotton products does not relate to the in sufficie ncy of or torn eon diti on of the coveri ng, nor to any damage result ing therefrom, and Carrier shall not be resp on sible for damage of such nature.20、OPTIONAL CARGE The port of discharge for optional cargo must be declared to the vessesage nts at the first of the opti onal ports not late tha n 48 hours before the vesselsarrival there. In the abse nee of such declarati on the Carrier may elect to discharge at the eon tract of carriage shall the n be eon sidered as hav ing bee n fulfilled, Any opti on must be for the total qua ntity of goods un der this Bill of Ladi ng. 21、GOODS TO MORE THAN ONE CONSIGNEE Where bulk goods or goods without marks or goods with the same marks are shipped to more tha n one Con sig nee, the Con sig nees or Owners of the goods shall join tly and severally bear any expe nse or loss in dividi ng the goods or parcels into pro rata qua ntities and any deficie ncy shall fall upon them in such proporti on as the Carriers, his serva nts or age nts shall decide.22、HEAVY LIFTS AND OVER LENGTH CARGO Anyone piece or package of cargo which exceedi ng 2000 kilos or 9 meters must be declared by the Shipper in writi ng before receipt by the Carrier an d/or len gth Clearly and durably on the outside of the piece or package in letters and figures no t less tha n 2 in ches high by the Shipper. In case of the Shippes failure in his obligations aforesaid, the Shipper shall be liable for loss of or damage to any property or for pers onal injury aris ing as a result of the Shipper'said failure and shall indemnify the Carrier aga inst any ki nd of loss or liability suffered or in curred by the Carrier as a result of such failure.23、SHIPPER-PACKED CONTAINERS.ETC. (1)lf a con tai ner has not bee n filled, packed or stowed by the Carrier, the Carrier shall not be liable for any loss of or damage to its contents and the Shipper shall cover any loss or expe nse in curred by the Carrier, of such loss, damage or expe nse has bee n cause byeglige nt filli ng,pack ing or stow ing of the container; orthe contents being un suitable for carriage in container; or the un suitability or defective con diti on of the container uni ess the container has bee n supplied by the Carrier and the un suitability or defective con diti on would not have bee n appare nt upon reas on able in spect ion at or prior to the time whe n the container was filled, packed or stowed. (2)The provisi ons of the sub-clause (1) above also apply with respect to trailers, tran sportable tan ks, flats and pallets which have not bee n filled, packed or stowed by the Carrier.24、WAR, QUARANTINE , ICE , STRIKES , CONGESTION , ETC.Should it appear that war, blockade, pirate, epidemics, quara ntin e, ice, strikes, con gesti on and other causes bey ond the Carri e r con trol would preve nt the vessel from safely reach ing the port of dest in ati on and dischargi ng the goods thereat, the Carrier is en titled to discharge the goods at the port and the con tract of carriage shall be deemed to have bee n fulfilled. Any extra expe nses in curred un der the aforesaid circumsta nces shall be borne by the Shipper or Receiver.25、GENERAL AVERAGE General average shall be adjusted in Beijing in accordanee with the Beiji ng Adjustme nt Rules 1975.26、BOTH TO BLAME COLLISION If the carrying ship comes into collision with ano ther ship as a result of the n eglige nee of the other ship and any act, n eglect or default in the n avigatio n or the man ageme nt of the carry ing ship, the Shipperun dertakes to pay the Carrier, or, where the Carrier is not the Owner and in possessi on of the carry ing ship, to pay to the Carrier as trustee for the Owner an d/or demise charterer of the carry ing ship, a sum sufficie nt to indemnify the Carrier an d/or the Owner an d/or demise charterer of the carry ing ship aga inst all loss or liability to the other or non-carry ing ship or her Owners in sofar as such loss or liability represe nts loss of or damage to his goods or any claim whatsoever of the Shipper, paid or payable by the other or non-carry ing ship or her Owners to the Shipper and set-off, recouped or recovered by the other or non-carry ing ship or her Owners as part of their claim aga inst the carry ing ship or her Owner or demise charterer or the Carrier. The forego ing provisi ons shall also apply where the Own ers, operati ons, or those in charge of any ship or ships or objects, other tha n, or in additi on to, the collidi ng ships or objects, are at fault in respect to a collisi on, con tact, stra nding or other accide nt.27、U.S.A. CLAUSE Notwithstanding any other term hereof the Carriage of Goods by Sea Act 1936 of the Un ited States of America shall have bee n affect subject to in respect to carriage of goods to and from the Un ited States of America .If any provisi on of this Bill of Lad ing be inv alid un der the Carriage of Goods by Sea Act 1936, such provisi on shall, to the exte nt of such in validity, but no further, be n ull and void.。
海运提单的背面条款及其依据
海运提单的背面条款及其依据海运提单（Bill of Lading）是国际海运业的核心文件，是承运人或其代理人根据托运人的要求签发的一份凭据，用于证明货物的所有权和装船及运输的责任，已成为国际贸易中证明货物托运、货款付款和投诉索赔的重要凭证。
海运提单由承运人或其代理人签发，分为电放和实物提单两种。
提单分为正本和副本，其中正本用于货物提取或海关清关等实际操作使用，副本则用于交易结算或代理申报使用。
海运提单分为前后两页，前一页是运输章程，后一页则是条款，下面我们着重讨论一下海运提单背面条款及其依据。
一、海运提单背面条款的内容根据《联合国国际货物运输公约》，海运提单的条款应包括以下内容：1. 承运人的名字和地址；2. 托运人的名字和地址；3. 订舱人的名字和地址；4. 货物的描述、数量和包装；5. 装船港口和目的港口；6. 运费和保险费的支付方式；7. 货物运输方式；8. 承运人对货物的限制和责任；9. 货物的损坏、延迟或丢失的索赔制度；10. 提单签发日期；11. 提单编号；12. 承运人签字或印章等。
二、海运提单背面条款的依据海运提单背面的这些条款实质上是一份合同，对托运人、收货人、订舱人和承运人在海运运输过程中的权利和义务作出明确规定。
托运人和收货人在签订合同、支付相应费用等前提条件下，取得了海运提单的所有权利和义务。
一旦承运人签发提单，他就对海上运输中货物的运输和交付负完全责任。
同时，承运人也会依据条款中规定的内容，对货物的损失、延迟和丢失承担相应责任。
因此，海运提单背面的这些条款具有法律效力。
具体来说，海运提单背面的条款依据主要包括以下几点：1. 国际惯例和国际法律法规海运提单背面的条款作为一份文书，其条款中的规定必须遵守国际法律法规和国际贸易惯例。
例如，《海洋货物运输公约》就是国际货运业一项重要的法律规范，规定了海运提单的基本内容和承运人的责任，成为海运提单条款设计的重要依据。
2. 地方性法律法规因为海运提单涉及多个国家和地区之间的交易，每个国家和地区都有不同的法律法规、行业规范以及习惯等。
《海商法》关于提单背面条款
《海商法》关于提单背面条款
《海商法》关于提单背面条款的规定包括以下内容：
1.定义条款：主要对“承运人”、“托运人”等关系人加以限定。
前
者包括与托运人定有运输合同的船舶所有人，后者包括提货人、收货人、提单持有人和货物所有人。
2.管辖权条款：指出当提单发生争执时，按照法律，某法院有审理
和解决案件的权利。
3.责任期限条款：规定承运人对货物灭失或损害承担赔偿责任的期
间的条款。
集装箱提单则从承运人接受货物至交付指定收货人为止。
4.包装和标志：要求托运人对货物提供妥善包装和正确清晰的标志。
如因标志不清或包装不良所产生的一切费用由货方负责。
5.运费和其他费用：运费规定为预付的，应在装船时一并支付，到
付的应在交货时一并支付。
当船舶和货物遭受任何灭失或损失时，运费仍应照付，否则，承运人可对货物及单证行使留置权。
6.自由转船条款：承运人虽签发了直达提单，但由于客观需要仍可
自由转船，并不须经托运人的同意。
此条款也称“地区条款”。
这些条款在海商法中规定了关于提单的详细要求和权利义务，对实际操作具有重要的指导作用。
中远集运提单背面条款
RECEIVED in external apparent good order and condition except as otherwise noted. The total number of packages or units stuffed in the container, the description of the goods and the weights shown in this Bill of Lading are furnished by the Merchants, and which the carrier has no reasonable means of checking and is not a part of this Bill of Lading contract. The carrier has issued the number of Bills of Lading stated below, all of this tenor and date, one of the original Bills of Lading must be surrendered and endorsed or signed against the delivery of the shipment and whereupon any other original Bills of Lading shall be void. The Merchants agree to be bound by the terms and conditions of this Bill of Lading as if each had personally signed this Bill of Lading.SEE clause 4 on the back of this Bill of Lading (Terms continued on the back hereof, please read carefully).*Applicable Only document Used as a Combined Transport Bill of Lading.中远提单背面条款FORM98051. DEFINITIONS"Carrie r" means COSCO container lines company limited."Merchant" includes the consignor, the shipper, the receiver, the consignee, the owner of the Goods, the lawful holder or endorsee of this Bill of Lading, or any other person having any present or future interest in the Goods or this Bill of Lading, or anyone authorized to act on behalf of any of the foregoing."Vessel", where the context so admits, includes the Vessel named in Box 6 of this Bill of Lading or any substitute therefor, and any feeder vessel, lighter or barge used by or on behalf of the Carrier in connection with any seaborne leg of the carriage."Sub-contractor" includes owners and operators of vessels (other than the Carrier), stevedores, terminal, warehouse, depot and groupage operators, road and rail transport operators and any independent contractor employed by the Carrier in the performance of the carriage and any sub-sub-contractor thereof. The expression Sub-contractor shall include direct and indirect Sub-contractors and their respective servants, agents or Sub-contractors."Goods" means the whole or any part of the cargo received from the Merchant and includes any Container not supplied by or on behalf of the Carrier."Package" means each Container which is stuffed and sealed by or on behalf of the Merchant, and not the items packed in such Container if the number of such items is not indicated on the front of this Bill of Lading or is indicated by the terms such as "Said to Contain" or similar expressions."Shipping Unit" means any physical unit of cargo not shipped in a package, including machinery, vehicles and boats, except goods shipped in bulk."Container" includes any Container, open top, trailer, transportable tank, flat rack, platform, pallet, and any other equipment or device used for or in connection with the transportation of the Goods.2. CARRIER'S TARIFFThe terms of the Carrier's applicable Tariff and other requirements regarding charges are incorporated into this Bill of Lading. Particular attention is drawn to the terms contained therein, including, but not limited to, free storage time, Container and vehicle demurrage, etc. Copies of the relevant provisions of the applicable Tariff are obtainable from the Carrier or his agents upon request. In case of any inconsistency between this Bill of Ladingand the applicable Tariff, this Bill of Lading shall prevail.3. SUB-CONTRACTING, INDEMNITY AND CERTAIN DEFENSES, EXEMPTIONS AND LIMITATIONS(1) The Carrier shall have the right at any time and on any terms whatsoever to sub-contract the whole orany part of the carriage with any Sub-contractor and/or to substitute any other vessel or means of transport for the Vessel.(2) The Merchant undertakes that no claim or legal action whatsoever shall be made or brought against anyperson by whom the carriage is performed or undertaken (including, but not limited to, the Carrier's servants, agents or Sub-contractors), other than the Carrier, which imposes or attempts to impose upon any such person, or any vessel owned or operated by such person, any liability whatsoever in connection with the Goods or the carriage thereof whether or not arising out of negligence on the part of such person. Should any such claim or legal action nevertheless be made or brought, the Merchant undertakes to indemnify the Carrier against all consequences thereof including legal expenses on a full indemnity basis. Without prejudice to the foregoing, every such person or vessel, including, but not limited to, the Carrier's servants, agents, or Sub-contractors as defined in Clause 1 above, shall have the benefit of every exemption, defense and limitation herein contained applicable to the Carrier, in contract or in tort, as if such provision were expressly contracted for its benefit, and, in entering into this contract, the Carrier, to the extent of such exemptions, defenses and limitations, does so not only on its behalf, but also as an agent and trustee for such person or vessel.4. CARRIER'S RESPONSIBILITY(1) Port to Port Shipment If boxes 6, 7 and 8 but not boxes 4,5 and 9 are filled in on the front of this Bill ofLading, this Bill of Lading is a Port-to-Port contract. The Carrier shall be responsible for the Goods as Carrier from the time when the Goods are received by the Carrier at the Port of Loading until the time of delivery thereof at the port of discharge to the Merchant or to the Authority 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 of Lading and theplace(s) or port(s) indicated therein is/are place(s) or port(s) other than that indicated in Box 7 and Box 8 and Freight is paid for combined transport, this Bill of Lading is a combined transport contract. The Carrier undertakes to arrange or procure the pre-carriage and/or on-carriage segments of the combined transport. All claims arising from the combined transport carriage must be filed with the Carrier within 9 months after the delivery of the Goods or the date when the Goods should have been delivered, failing which the Carrier shall be discharged from all liabilities whatsoever in respect of the Goods. If any payment is made by the Carrier to the Merchant in respect of any claim arising from the combined transport carriage, the Carrier shall be automatically subrogated to or given all rights of the Merchant against all others including pre-carrier or on-carrier or Sub-contractor on account of such loss or damage.Nothing herein contained shall be deemed a waiver of any rights that the Carrier may have against a pre-carrier or on-carrier or Sub-contractor for indemnity or otherwise.5. NOTICE OF CLAIM AND TIME BAR(1) Unless notice of loss or damage is given in writing to the Carrier's agent at the Port of Discharge orPlace of Delivery before or on the date of delivery of the Goods, or if loss or damage is not apparent, within 15 consecutive days thereafter, such delivery shall be prima facie evidence of the delivery of the Goods by the Carrier and/or on-carrier in the order and condition described in this Bill of Lading.(2) The Carrier, its servants, agents and Sub-contractors shall be discharged from all liabilities whatsoeverunless suit is brought within one year after the delivery of the Goods or the date when the Goods should have been delivered.6. LOSS OR DAMAGE(1) The terms of this Bill of Lading shall at all times govern all responsibilities of the Carrier in connectionwith or arising out of the carriage of the Goods not only during the carriage, but also during the period prior to and/or subsequent to the carriage. The exemptions from liability, defenses and limitation ofliability provided for herein or otherwise shall apply in any action against the Carrier for loss or damage or delay, howsoever occurring and whether the action be founded in contract or in tort and even if the loss, damage or delay arose as a result of unseaworthiness, negligence or fundamental breach of contract. Save as is otherwise provided herein, the Carrier shall in no circumstances whatsoever and howsoever arising be liable for direct or indirect or consequential loss or damage or loss of profits.(2) The Carrier does not undertake that the Goods will be transported from or loaded at the place of receiptor loading or will arrive at the place of discharge, destination or transshipment aboard any particular vessel or other conveyance at any particular date or time or to meet any particular market or in time for any particular use. Scheduled or advertised departure and arrival times are only expected times and may be advanced or delayed if the Carrier shall find it necessary, prudent or convenient. The Carrier shall in no circumstances whatsoever and howsoever arising be liable for direct, indirect or consequential loss or damage caused by delay.(3) If the stage of the combined transport during which loss or damage occurred can be determined, theliability of the Carrier shall be governed by the national law(s) and/or international convention(s) applicable thereto. If the stage of the combined transport during which loss or damage occurred cannot be determined, the Merchant and the Carrier agree that it shall be deemed that the loss or damage occurred aboard the Carrier's Vessel. In either case, clauses 5(2) and 7 shall apply.7. LIMITATION OF LIABILITY(1) Except as provided for in Clause 7(2), this Bill of Lading shall be subject to the provisions of the MaritimeCode of the People's Republic of China as provided for in Clause 26(1). Neither the Carrier, its servants, agents, Sub-contractors nor the Vessel shall in any event be liable for any loss or damage to the Goods in any amount exceeding the limits per package or unit prescribed by that Code, unless the nature and value of the Goods have been declared by the Merchant before shipment and inserted in this Bill of Lading (Box 10) and the Merchant has paid additional Freight on such declared value.(2) Where carriage includes carriage to or from or through a port or place in the United States of America,this Bill of Lading shall be subject to the provisions of the United States Carriage of Goods by Sea Act, 1936 (US COGSA) and any amendments thereto, as provided for in Clause 26(2) hereof. In such event, neither the Carriers nor its servants, agents, Sub-contractors and/or the Vessel shall in any event be liable for any loss of or damage to the Goods in an amount exceeding the limits per package or unit prescribed by US COGSA, unless the nature and value of the Goods have been declared by the Merchant before shipment and inserted in this Bill of Lading (Box 10) and 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 US COGSA iscompulsorily applied to this Bill of Lading, the liability of the Carrier, if any, shall not exceed the limits per Package or Shipping Unit prescribed therein, unless the nature and value of the Goods have been declared by the Merchant and inserted in this Bill of Lading (Box 10) and the Merchant has paid additional Freight on such declared value.(4) For the purpose of this Clause 7, the declared value shall be the basis for calculating the Carrier'sliability, if any, provided that such declared value shall not be conclusive on the Carrier, and further provided that such declared value does not exceed the true value of the Goods at destination. Any partial loss or damage shall be adjusted pro-rata on the basis of such declared value.8. FIREThe Carrier shall not be liable for any loss of or damage to the Goods occurring at any time, including that before loading or after discharge by reason of any fire whatsoever, unless such fire is caused by the actual fault of the Carrier.9. CARRIER'S CONTAINERS(1) Goods received in break bulk will be stuffed by the Carrier in Containers and the Carrier shall have theright to carry any Containers, whether or not stuffed by the Carrier, on deck or below deck. All suchGoods shall participate in General Average.(2) If Carrier's Containers and equipment are used by the Merchant for pre-carriage or on-carriage orunpacked at the Merchant's premises, the Merchant is responsible for returning the empty Containers, with interiors brushed, clean and free of smell to the point or place designated by the Carrier, its servants or agents, within the time prescribed in the Tariff and/or required by the Carrier. Should a Container not be returned within the aforesaid time, the Merchant shall be liable for any detention, demurrage, loss or expenses which may arise from such non-return.(3) The Merchant shall be liable for any loss of or damage to Carrier's Containers and other equipmentwhile in the custody of the Merchant or anyone acting on the Merchant's behalf. The Merchant shall also be liable during such period for any loss of or damage to the property of others or for any injuries or death and the Merchant shall indemnify and hold the Carrier harmless against all damages, including legal expenses, incurred from any and all such claims arising during such periods.10. MERCHANT-STUFFED CONTAINER(1) If a Container has not been stuffed by or on behalf of the Carrier, the Carrier shall not be liable for loss ofor damage to the Goods and the Merchant shall indemnify the Carrier against any loss, damage, liability or expense incurred by the Carrier if such loss, damage, liability or expense has been caused by:(a) the manner in which the Container has been filled, packed, loaded or stuffed, or(b) the unsuitability of the Goods for carriage in the Container, or(c) the unsuitability or defective condition of the Container, provided that, if the Container had beensupplied by or on behalf of the Carrier, this unsuitability or defective condition could have beenapparent upon inspection by the Merchant at or prior to the time when the Container was filled,packed, loaded or stuffed.(2) If a Merchant-stuffed Container is delivered by the Carrier with its seal intact, such delivery shallconstitute full and complete performance of the Carrier's obligations hereunder and the Carrier 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 use of a Container shall be primafacie evidence of its being suitable and without defect.11. MERCHANT'S DESCRIPTION(1) The Merchant's description of the Goods stuffed in a sealed Container by the Merchant, or on his behalf,shall not be binding on the Carrier, and the description declared by the Merchant on the front of this Bill of Lading is information provided by the Merchant solely for its own use including but not limited to the use of its freight forwarder. It is understood by the Merchant that the Carrier has not verified the contents, weight or measurement of a sealed container, and the Carrier makes no representation as to the contents of a sealed Container, van, crate or box hereunder, nor its weight or measurement, nor the value, quantity, quality, description, condition, marks or number of the contents thereof. The Carrier shall be under no responsibility whatsoever in respect of such description or particulars.(2) If any particulars of any letter of credit and/or import license and/or sales contract and/or invoice or ordernumber and/or details of any contract to which the Carrier is not a party are shown on the front of this Bill of Lading, such particulars are included solely at the request of the Merchant for its convenience. The Merchant agrees that the inclusion of such particulars shall not be regarded as a declaration of value and shall in no way affect the Carrier's liability under this Bill of Lading. The Merchant acknowledges that, except as provided for in Clause 7 hereof, the value of the Goods is unknown to the Carrier.12. MERCHANT'S RESPONSIBILITY(1) The parties defined as "Merchant" in clause 1 hereof shall, where applicable, be jointly and severallyliable to the Carrier for the due fulfillment of all obligations undertaken by any of them under this Bill ofLading.(2) The Merchant warrants to the Carrier that the particulars relating to the Goods as set forth on the front ofthis Bill of Lading have been checked by the Merchant on receipt of this Bill of Lading and that such particulars, and any particulars furnished by or on behalf of the Merchant, are adequate and correct. The Merchant also warrants that the Goods are lawful Goods and are not contraband.(3) The Merchant shall indemnify the Carrier against all liabilities, costs, losses, damages, fines, penalties,expenses or other sanctions of a monetary nature arising or resulting from any breach of the warranties in Clause 12(2) hereof or from any other cause in connection with the Goods for which the Carrier is not responsible.(4) The Merchant shall comply with all regulations or requirements of customs, port and other Authorities,and shall bear and pay all duties, taxes, fines, imposts, expenses or losses (including the full return Freight for the Goods if returned, or if on-carried, the full Freight from the Port of Discharge or the Place of Delivery nominated herein to the amended Port of Discharge or the amended Place of Delivery) incurred and/or sustained by reason of any failure to so comply, or by reason of any illegal, incorrect or insufficient marking, numbering, or addressing of the Goods, and shall indemnify the Carrier in respect thereof.13. FREIGHT AND CHARGES(1) All Freight shall be deemed fully, finally and unconditionally earned on receipt of the Goods by theCarrier and shall be paid and non-returnable in any event whatsoever.(2) All Freight and charges shall be paid without any set-off, counter-claim, deduction, or stay of executionbefore delivery of the Goods.(3) The Merchant's attention is drawn to the stipulations concerning currency in which the Freight is to bepaid, rate of exchange, devaluation and other contingencies concerning the Freight in the applicable Tariff or as agreed otherwise.(4) If the Merchant's description of the Goods in this Bill of Lading or in any document or certificate furnishedto the Carrier by or on behalf of the Merchant shall prove to have been inaccurate, incorrect or misleading in any respect, the Merchant shall pay for the actual damage suffered by the Carrier.(5) Payment of Freight and charges to any freight forwarder or broker, or anyone other than the Carrier or itsauthorized agent, shall not be considered payment to the Carrier and shall be made at the Merchant's sole risk.(6) The parties defined as Merchants in clause 1 hereof shall, where applicable, be jointly and severallyliable to the Carrier for payment of all Freight, demurrage, General Average and charges, including, but not limited to, court costs, expenses and reasonable attorney's fees incurred in collecting sums due to the Carrier, failing which shall be considered a default by the Merchant in the payment of Freight and charges.14. INSPECTION OF THE GOODSThe Carrier and/or any person to whom the Carrier has sub-contracted the carriage or any person authorized by the Carrier shall be entitled, but under no obligation, to open any Container or Package at any time and to inspect the Goods. If by order of the Authorities at any place, a container must be opened for inspection, the Carrier shall not be liable for any loss or damage incurred as a result of any opening, unpacking, inspection or repacking. The Carrier shall be entitled to recover the cost of such opening, unpacking, inspection, and repacking from the Merchant.15. CARRIAGE AFFECTED BY CONDITION OF THE GOODSIf it appears at anytime that the Goods cannot safely or properly be carried or carried further, either at all or without incurring any additional expense or taking any measure(s) in relation to the Goods or the Container, theCarrier may without notice to the Merchant (but as its agent only) take any measure(s) and/or incur any additional expense to carry or to continue the carriage thereof, and/or dispose of the Goods, and/or abandon the carriage and/or store them ashore or afloat, under cover or in the open, at any place, whichever the Carrier in his absolute discretion considers most appropriate, which abandonment, storage or disposal thereof shall be deemed to constitute due delivery under this Bill of Lading. The Merchant shall indemnify the Carrier against any additional expense so incurred.16. LIENSThe Carrier shall have a lien on the Goods and any documents relating thereto for Freight, dead Freight, demurrage, detention, and for any expenses incurred by the Carrier for recoopering, repacking, remarking, fumigation or required disposal of faulty Goods, for General Average contributions to whomsoever due, for fines, dues, tolls, land Freight, or commissions paid or advanced by the Carrier on behalf of the Goods, for any sums including salvage payable to the Carrier under this Bill of Lading and for legal expenses incurred because of any attachment or other legal proceedings brought against the Goods by governmental Authorities or any person claiming an interest in the Goods. The Carrier's lien shall survive discharge or delivery of the Goods and the Carrier shall have the right to enforce such lien by public auction or private sale in its discretion. Should the proceeds of sale fail to cover the amount due, including expenses incurred, the Carrier shall be entitled to recover the balance from the Merchant. Should such proceeds exceed the amount due, the balance shall be returned to the Merchant.17. DECK CARGO, ANIMALS AND PLANTSGoods (other than Goods stuffed in Containers) that are stated on the front of this Bill of Lading as contracted to be stowed "on deck" and are so carried, and all live animals, including fish and birds, or plants shipped hereunder, shall be carried solely at the risk of the Merchant, and the Carrier shall not be liable for any loss or damage of whatsoever nature arising during carriage by sea whether or not arising out of negligence on the part of the Carrier. The Carrier shall be bound to prove that he has fulfilled the special requirements of the Merchant with regard to the carriage of the live animals and that under the circumstances of the sea carriage, the loss or damage has occurred due to the special risks inherent therein. The Merchant shall indemnify the Carrier against all or any extra costs incurred for any reason whatsoever in connection with the carriage of such live animals or plants.18. METHODS AND ROUTES OF CARRIAGEThe Carrier may at any time during the carriage(1) use any means of transport or storage whatsoever;(2) transfer the Goods from one conveyance to another including transshipment or carrying the same onanother Vessel other than the Vessel named on the front of this Bill of Lading or by any other means of transport whatsoever.Anything done in accordance with this Clause or any delay arising therefrom shall be deemed to be within the scope of the carriage and shall not be a deviation.19. MATTERS AFFECTING PERFORMANCEIf at any time the carriage is or is likely in the judgment of the Master to be affected by any hindrance, risk, delay, difficulty or disadvantage of any kind, other than the inability of the Goods to be safely or properly carried or carried further, and howsoever arising (even though the circumstances giving rise to such matters as stated above existed at the time this contract was entered into or the Goods were received for shipment), the Carrier (whether or not the carriage is commenced) may, at his sole discretion and without prior notice to the Merchant:(1) carry the Goods to the contracted Port of Discharge or Place of Delivery, whichever is applicable, by analternative route from that indicated in this Bill of Lading or from that which is customary for Goods consigned to that Port of Discharge or Place of Delivery. If the Carrier elects to invoke the terms of this sub-Clause, then, notwithstanding the provisions of Clause 18 hereof, the Carrier shall be entitled to charge such additional Freight as the Carrier may determine, or(2) suspend the carriage of the Goods and store them ashore or afloat upon the terms of this Bill of Ladingand endeavor to forward them as soon as possible, but the Carrier makes no representation as to the maximum period of suspension. If the Carrier elects to invoke the terms of this sub-Clause, then the Carrier shall be entitled to the payment of such additional Freight as the Carrier may determine, or(3) abandon the carriage of the Goods and place the Goods at the Merchant's disposal at any port or placewhere the Carrier may deem safe and convenient, whereupon the responsibility of the Carrier in respect of such Goods shall entirely cease. The Carrier shall nevertheless be entitled to full Freight on the Goods received for shipment, and the Merchant shall pay any additional costs of the carriage to, and delivery and storage at such port or place.Where the Carrier elects to use an alternative route under Clause 19(1) or to suspend the carriage under Clause 19(2), same shall not prejudice its right subsequently to abandon the carriage.20. DANGEROUS GOODSAt the time of shipment of Dangerous Goods, the Merchant shall, in compliance with the regulations governing the carriage of such Goods, have the same properly packed, distinctly marked and labeled and notify the Carrier in writing of their proper description, nature and the precautions to be taken. In case the Merchant fails to or inaccurately notifies the Carrier, the Carrier may have such Goods landed, destroyed or rendered innocuous when and where circumstances so require, without compensation. The Merchant shall be liable to the Carrier for any loss, damage or expense resulting from such shipment.Notwithstanding the Carrier's knowledge of the nature of the Dangerous Goods and its consent to carry, the Carrier may still have such Goods landed, destroyed or rendered innocuous, without compensation, when they become an actual danger to the Vessel, the crew and other persons on board or to other goods. However, what mentioned in this Clause shall not prejudice the contribution in General Average, if any.21. SPECIAL, REFRIGERATED OR HEATED CONTAINERS(1) Unless the Merchant and the Carrier agree in writing before shipment that specially ventilated,refrigerated or heated Containers will be used to ship the Goods and such agreement is noted on the front of this Bill of Lading, and the Merchant gives proper written notice to the Carrier of the nature of the Goods and of the particular temperature range to be maintained and/or special attention required and the Merchant pays the extra Freight charged under the Carrier's Tariff or as agreed, the Goods shall be carried in ordinary unventilated Containers.(2) In case of a refrigerated Container stuffed by or on behalf of the Merchant, the Merchant undertakes thatits thermostatic, ventilating or any other controls have been correctly set by the Merchant and that the temperature of the Goods and the refrigerated Container has been brought to the required temperature level before stuffing and that the Goods have been properly stowed in the Container before the receipt thereof by the Carrier. If these requirements are not fully met, the Carrier shall not be liable for any loss of or damage to the Goods howsoever arising.(3) The Merchant shall be responsible for the operation and maintenance of the Carrier's Container while itis in the Merchant's custody or the custody of anyone acting on the Merchant's behalf.(4) If a suggested temperature is noted on the front of this Bill of Lading, the Merchant shall deliver theGoods to the Carrier at the noted temperature plus or minus 2℃ permitted, and the Carrier shall exercise due diligence to maintain such temperature, plus or minus 2℃while the Goods are in its actual possession.(5) The Carrier does not warrant that the Container be properly ventilated, refrigerated or heated throughoutthe carriage, nor shall the Carrier be liable for any loss of or damage to the Goods arising from any latent defects, any total or partial failure or breakdown, or stoppage of the refrigerating machinery, plant, insulation and/or any apparatus of the Container, Vessel, conveyance and any other facilities, provided that the Carrier shall before or at the beginning of the carriage exercise due diligence to maintain the refrigerated Container in an efficient state.。
初级经济师水路重要考点：提单背面的条款
初级经济师水路重要考点：提单背面的条款初级经济师水路重要考点：提单背面的有关条款导语：提单是一种有法律效力的单据。
它是一种货物所有权的凭证，也是托运人与承运人之间所订的运输契约的证明。
请大家跟着店铺一起来看看提单背面的有关条款的相关内容吧。
1、定义条款(Definition)定义条款是指对提单中所印就的关键词语，如“承运人”、“托运人”的含义和范围作出明确定义的条款。
2、首要条款(Paramount Clause)首要条款是承运人按照自己的意志，印刷于提单条款的上方，列为提单条款第一条，用以明确本提单受某一国际公约树约，或适用某国法律的条款。
3、管辖权条款(Jurisdiction Clause)提单的管辖权条款是规定双方发生争议时，由何国行使管辖权，即由何国法院审理，有时还规定法院解决争议适用的法律。
4、舱面货条款(Deck Cargo Clause)由于《海牙规则》将舱面货和活动物不视为海上运输的货物，因而提单上一般订明：关于这些货物的收受、装载、运输、保管和卸载，均由货方承担风险，承运人对货物灭失或损坏不负赔偿责任。
集装箱船舶装载集装箱有相当数量的集装箱必须装载于甲板面上。
因此，集装箱提单中规定了一条“舱面货条款”。
5、承运人责任条款(Carrier’s Responsibility)一些提单订有承运人责任条款，规定承运人在货物运送中应负的责任和免责事项，一般概括地规定为按什么法律或什么公约为依据。
6、承运人的责任期间条款(Period of Responsibility)提单条款中都列有关于承运人对货物运物承担责任的起止时间条款。
7、包装和标志条款(Package and Marks Clause)一般提单均规定，在装船前，托运人应将货物妥善包装，标志应正确、清晰，用5cm或不小于5cm的字体标明货物的目的港，并必须保证字迹在交付货物时仍须清晰可辨。
8、留置权条款(Lien Clause)一般提单规定承运人对应收未收的运费、空舱费、滞期费以及其他费用，均可对货物或任何单证行使留置权，并有权出售或处理货物，以抵偿应收款项。
提单背面 条款翻译
中远COSCO集装箱提单背面条款(中文)1. DEFINITIONS 定义"Carrier" means COSCO container lines company limited."Merchant" includes the consignor, the shipper, the receiver, the consignee, the owner of the Goods, the lawful holder or endorsee of this Bill of Lading, or any other person having any present or future interest in the Goods or this Bill of Lading, or anyone authorized to act on behalf of any of the foregoing."Vessel", where the context so admits, includes the Vessel named in Box 6 of this Bill of Lading or any substitute therefor, and any feeder vessel, lighter or barge used by or on behalf of the Carrier in connection with any seaborne leg of the carriage."Sub-contractor" includes owners and operators of vessels (other than the Carrier), stevedores, terminal, warehouse, depot and groupage operators, road and rail transport operators and any independent contractor employed by the Carrier in the performance of the carriage and any sub-sub-contractor thereof. The expression Sub-contractor shall include direct and indirect Sub-contractors and their respective servants, agents or Sub-contractors."Goods" means the whole or any part of the cargo received from the Merchant and includes any Container not supplied by or on behalf of the Carrier."Package" means each Container which is stuffed and sealed by or on behalf of the Merchant, and not the items packed in such Container if the number of such items is not indicated on the front of this Bill of Lading or is indicated by the terms such as "Said to Contain" or similar expressions."Shipping Unit" means any physical unit of cargo not shipped in a package, including machinery, vehicles and boats, except goods shipped in bulk."Container" includes any Container, open top, trailer, transportable tank, flat rack, platform, pallet, and any other equipment or device used for or in connection with the transportation of the Goods.“承运人”（CARRIER）是指“中远集运”，即中远集装箱运输有限公司。
第四节 提单的背面条款
第四节提单的背面条款1.两类提单的背面条款：1）强制性条款：其内容不能违反有关国家的海商法规，国际公约或港口惯例的规定，违反或不符合这些规定的条款是无效的2）任意性条款：即上述法规，公约和惯例没有明确规定，允许承运人自行拟定的条款，都属于任意性条款2.首要条款：是承运人按照自己的意志，印刷于提单条款的上方（通常列为提单条款的第一条）用以明确本提单适用法规的条款3.定义条款：定义条款是提单中或有关提单的法规中，对与提单有关用语的含义和范围作出释义的条款。
各船公司的提单中，一般都有定义条款，对作为运输合同当事人一方的货方的含义和范围作出规定，将货方定义为包括托运人，受货人，发货人，收货人，提单持有人和货物所有人4.承运人责任条款：1）承运人的基本责任：承运人在船舶开航前和开航当时，应当谨慎处理使船舶处于适航状态，妥善配备船员，装备船舶和配备供应品，并使货仓，冷藏舱，冷气舱和其他载货处所适用于并能安全收受，载运和保管货物。
可归纳为保证船舶适航的责任和管理货物的责任两方面5.承运人责任期间条款：承运人对货物运输承担责任的开始和终止时间的条款。
1）承运人对集装箱装运的货物的责任期间，是指从装运港接收货物时起至卸货港交付货物时止，货物处于承运人掌管之下的全部期间2）承运人对非集装箱装运的货物的责任期间，是指从货物装上船时起至卸下船时止，货物处于承运人掌管之下的全部期间6.承运人免责条款的要求：要享受此权利，首先要履行适用法规所规定必须履行的基本义务，即承运人应做到谨慎处理使船舶适航，管理货物和尽速的按照约定的或习惯的或地理上的航线将货物运往卸货港，并不得无故绕航的义务。
免责条款的内容：1）因除外危险而免责2）因除外责任而免责3）因托运人过失而免责4）因货物本身性质而免责7.承运人赔偿责任限制条款：是指已明确承运人对货物的灭失和损坏负有赔偿责任应支付赔偿金时，承运人对每件或每单位货物支付的最高赔偿金额.。
《海商法》关于承运人的赔偿限额的规定与维斯比规则相同，即承运人对货物的灭失或者损坏的赔偿限额，按照货物件数或者其他货运单位数计算，每件或者每个其他货运单位为666.67计算单位，或者按照货物毛重计算，每公斤为2计算单位，以二者中赔偿限额较高为准8.关于特定货物的条款：1)危险货2）舱面货9.索赔通知：也叫货物灭失或损害通知，是收货人用书面形式向承运人或他的代理人提出的表明货物的损坏情况，并提出保留索赔权利的书面声明1）提出索赔通知的时间2)索赔通知的证据效力10.诉讼时效：是指对索赔案件提起诉讼的最终期限，《海商法》中关于诉讼时效的规定与海牙规则的规定相似，就海上货物运输向承运人要求赔偿的请求权，有效期间为一年，自承运人交付或者应当交付货物之日起计算。
海运提单背面条款翻译
1、定义条款：对提单下文可能出现的“托运人”的含义及范围作出明确规定，同时作出解释的还有“收货人”、“收货人”、“海运提单的持单人”、以及“货主”。
2、管辖权条款：在此提单条款之下或因与此提单相关而产生的冲突，都将由中华人民共和国法院裁决。
3、转让条款：若船舶不归签发该海运提单的公司所有或是通过转让的方式所租用，则这张海运提单只能作为与船主或是租船人签订的合同，这种情况只出现在当上文提及的公司的代理行为其代理人时，并且上述提及公司在任何方面都不得有负债发生。
4、海牙规则：根据1924年《统一提单若干法律规则的国际公约》，即海牙条款，这张海运提单将对承运人的责任、义务、权利和豁免作出规定。
5、包装和唛头：托运人应保证物品合适包装，装运之前明确刷上唛头。
表明商品目的地的字母应该有5cm高，确保在交货之后其仍清晰可读。
6、选港条款：（1）物品应由承运人负责将其装至集装箱或是类似的用于装置固体物品的运输工具（2）无论是承运人或是托运人用集装箱而不是平板包装纸、托盘、挂车、适用于运输的箱子、或是类似的运输工具装置的物品，在不通知的托运人的情况下，可以搬至甲板上或甲板下。
这些甲板上或甲板下的物品都将投共同海损险。
7、舱面货，农作物和活生动物：由托运人或收货人承担舱面货，农作物和活生动物在接收、处理、装运、保存和卸货过程中的风险。
承运人无需对上述过程中可能发生的灭失或损害负责。
8、运费：（1）运费和费用的获得被认为是基于承运人接收了货物，并支付给托运人，任何情况下都不得归还或是减少。
当货物到达目的地时，应付运费和其他费用都应该被支付，并且需在交货之前。
（2）为了确定运费基准，承运人留有检查集装箱、挂车或是其他运输工具内的货物及内容的权利，以确定货物的重量、体积、价值或是种类。
为了防止托运人对货物描述不准确的情况发生，托运人有责任并将支付承运人五倍于正确运费和已收取的运费之间的差价，或是两倍于正确运费减去已收取的运费的余额，按金额较小的计算，作为承运人的清偿损失额。
长荣海运提单背面条款
长荣海运提单背面条款RECEIVED by the Carrier from the Merchant in apparent good order and condition unless otherwise indicated herein, the Goods, or the Container(s) or other package(s) or unit(s) said by the Merchant to contain the cargo herein mentioned, to be carried subject to all the terms and conditions contained or incorporated in this Bill (defined hereinafter at Clause 1(1)) including both front and back pages where issued in paper form and Carrier's Tariff rules and regulations by the vessel named herein or any substitute atthe Carrier's option and/or other means of transport, including the use of feeder ships, barges, trucks or rail cars, from the place of receipt or the loading port to the port of discharge or place of delivery shown herein and there to be delivered unto order or assigns.If issued in paper form and if required by the Carrier, this Bill duly endorsed must be surrendered in exchange for the Goods or Delivery Order.In accepting this Bill, whether in paper or electronic form, the Merchant agrees to be bound by all the stipulations, exceptions, terms and conditions contained or incorporated in this Bill whether written, typed, stamped, printed or otherwise, and as well, to bebound by the Carrier's Tariff rules and regulations which are deemed incorporated herein, all of which supersede all previous agreements, including booking notes, dock and mate's receipts and like, any local customs or privileges to the contrary notwithstanding.The terms of this Bill shall be separable and if any part or term hereof is invalid or unenforceable, the validity and enforceability of any other part or term shall not be affected.Agents signing this Bill on behalf of the Carrier have only the limited authority at common law of a vessel's master signing a Bill .An endorsement on this Bill that the Goods are "On Board" shall mean that the Goods are loaded on board the ocean vessel named in this Bill , or loaded on board rail cars, trucks, lorries, feeder ships, barges, or other means of transportation and are in the custody of an Inland or ocean Carrier for Through Transportation in accordance with the terms of this Bill .1. Definitions.(1) "Bill" means (a) Bill of Lading if this document is issued as a Bill of Lading, or (b) Sea Waybill if this document is issued as a Sea Waybill. Notwithstandinganything else contained in or incorporated into this Bill, if it is issued as a Sea Waybill, it will not be a document of title to the Goods.(2) "Carrier" means the Vessel Provider identified on the front of this Bill doing business as Evergreen Line, which is a Joint Service Agreement as defined bythe U.S. Shipping Act. of 1984 and any amendments thereto, consisting of Evergreen Marine Corp.(Taiwan) Ltd., Evergreen Marine (UK) Ltd., ItaliaMarittima S.p.A. and Evergreen Marine (Hong Kong) Ltd.(3) "COGSA" means the United States Carriage of Goods by Sea Act, approved April 16, 1936.(4) "Container" includes any ISO standard container, trailer, transportable tank, flat rack and/or other item of transportation equipment in conformance with ISO standards.(5) Force Majeure shall include, but not be limited to, work stoppages, civil commotion, strikes, accidents, casualties, lockouts, fire, transportation disasters, acts of God, governmental restraints (including governmental import restrictions and voluntary quotas arising from the threat of governmental restraints), war or hostilities, embargoes or other similar conditions.(6) "Goods" means the cargo accepted from the Merchant and includes any Container whether supplied by or on behalf of the Carrier or by the Merchant.(7) "Hague Rules" as used herein refers to the provisions of the International Convention for the Unification of Certain Rules Relating to Bills of Lading signedat Brussels on 25th August 1924 and includes any amendments thereto including the Hague Visby Amendments, 1968.(8) "Holder" mean any person for the time being in possession of this Bill (if issued asa Bill of Lading) to whom the property in the Goods has passed on or byreason of the consignment of the Goods or the endorsement of this Bill or otherwise.(9) "Merchant" includes the shipper, Holder, consignee, the receiver of the Goods, any person owning or entitled to the possession of the Goods or this Bill andanyone acting on behalf of any such persons.(10) "Ship" shall include the vessel named in this Bill, any substituted vessel or feeder vessels, and any vessel, craft, lighter or other means of conveyancewhatsoever owned, chartered, operated or controlled and used by the Carrier in theperformance of this Contract.(11) "Through Bill " as used herein refers to the contract evidenced by this Bill when it covers the carriage of the Goods from the place of receipt from theMerchant to the place of delivery to the Merchant by the Carrier plus one or more Underlying Carriers.(12) "Through Transportation" means carriage of the Goods under this Bill from place of receipt from the Merchant to place of delivery to the Merchant by theCarrier plus one or more Underlying Carriers.(13) "Underlying Carrier" includes any water, rail, motor, air or other carrier utilized by the Carrier for any part of the transportation of the shipment covered bythis Through Bill .(14) "Sub-contractor" includes owners and operators of vessels (other than the Carrier), stevedores, terminal operators, warehousemen, Underlying Carriers, ocean and rail transport intermediaries and any independent contractor employed by the Carrier in its performance of the transportation of the Goods hereunder.Sub-contractor shall also include direct and indirect sub-contractors and their respective servants and agents.2. Carrier's Tariff. The terms of the Carrier's applicable Tariff are incorporated herein. If this Bill is issued as a Sea Waybill, the CMI Rules for Sea Waybills excluding Rule 4 are also incorporated herein. Copies of the relevant provisions of the applicable Tariff are obtainable from the Carrier upon request. Copies of theCMI Rules for Sea Waybills can be obtained from the CMI website at/. In the case of inconsistency between this Bill and the applicableTariff or CMI Rules, this Bill shall prevail.3. Merchant's Warranty. The Merchant warrants that in agreeing to the terms hereof he is, or has the authority of, the person owning or entitled to the possession ofthe Goods and this Bill .4. Sub-Contracting.(1) The Carrier shall be entitled to sub-contract on any terms the whole or any part of the carriage, loading, unloading, storing, warehousing, handling and anyand all duties whatsoever undertaken by the Carrier in relation to the Goods.(2) In contracting for the following exemptions and limitation of and exoneration from liability, the Carrier is acting as agent and trustee for all other personsnamed in this clause. It is understood and agreed that, other than the Carrier, no person, firm or corporation or other legal entity whatsoever (including theMaster, officers and crew of the vessel, all agents and all Sub-Contractors ) is, or shall be deemed to be liable with respect to the Goods as carrier, bailee orother howsoever. If, however, it shall be adjudged that any one other than the Carrier is carrier or bailee of the Goods or under any responsibility with respectthereto, all exemptions and limitations of and exoneration from liability provided by law or by terms hereof shall be available to such other. It is also agreedthat each of these persons and companies referred to above are intended beneficiaries, but nothing herein contained shall be construed to limit or to relievethem from liability to the Carrier for acts arising or resulting from their fault or neglect.5. Clause Paramount and Responsibility of Carrier.(A) Clause Paramount - as far as this Bill covers the carriage of Goods by sea either by the Carrier or its Sub-contractor, the contract evidenced in this Bill shallhave effect subject to the Hague Rules, if and as enacted in the country of shipment, and any Legislation including COGSA which make those rulescompulsory, applicable or effective. The Hague Rules and said Legislation shall be deemed contractually incorporated herein and made a part of thisContract regardless of whether it or they would otherwise be compulsorily applicable and nothing herein contained shall be deemed a surrender by the Carrieror its Sub-contractor of any of its rights and immunities or any increase of any of its responsibilities under said Rules and Act. Notwithstanding anything tothe contrary, if the carriage called for in this Bill is a shipment to or from the United States, the liability of the Carrier or its Sub-contractor shall beexclusively determined pursuant to COGSA which is contractually incorporated into this Bill. The provisions cited in the Hague Rules and COGSA (except asmay be otherwise specifically provided herein) shall also govern before the Goods are loaded on and after they are discharged from the Ship provided, however,that the Goods at said times are in the actual custody of the Carrier or anySub-contractor. When no such enactment is in force in the country of shipment, the Hague Rules will apply. If any terms of this Bill are repugnant to the Hague Rules or any other compulsorily applicable International Convention or NationalLaw which cannot be departed from by private contract, then such provision shall benull and void to the extent of such invalidity without invalidating theremaining provisions hereof. The Carrier or its Sub-contractor shall not be liable in any capacity whatsoever for any delay, non-delivery or misdelivery, orloss of or damage to the Goods howsoever caused occurring while the Goods are not in the actual custody of the Carrier.(B) Responsibility for Port to Port Shipments. Where loss or damage has occurred between the time of receipt of the Goods by the Carrier at the port of loadingand the time of delivery by the Carrier at the port of discharge, or during any prior or subsequent period of carriage by Underlying Carriers or period of custody bySub-Contractors, the liability of the Carrier shall be determined in accordance with the appropriate Hague Rules and /or other Legislation as provided in theprovisions of Clause 5A above of this Bill .(C) Responsibility for Through Transportation. Where the place of receipt or place of delivery as set forth herein are inland points or ports not directly served bythe Carrier the responsibility of the Carrier with respect to the Through Transportation of the Goods shall be as follows:(1) With respect to Through Transportation from, to or within the United States where the Goods are in the custody of a Sub-contractor such ThroughTransportation will be governed by the provisions of Clause 5B above.(2) In the event Clause 5B is held inapplicable to such Through Transportation from, to or within the United States then Carrier's liability will be governedby and subject to the terms and conditions of the Sub-contractor's bill of lading or waybill and/or the ICC Uniform Bill of Lading together with the Subcontractor's Tariff which shall be incorporated herein as if set forth at length. Notwithstanding the foregoing, in the event there is a private contractbetween the Carrier and a Sub-Contractor, responsibility for such Through Transportation will be governed by the terms and conditions of said contractwhich shall be incorporated herein as if set forth at length and copies of said contract(s) shall be available to the Merchant at any office of the Carrierupon request.(3) With respect to road carriage between countries in Europe according to the Convention on the Contract for the International Carriage of Goods by Road (CMR), dated May 19, 1956, and during rail carriage between countries in Europe according to the International Agreement on Railway Transports(CIM) dated February 25, 1961.(4) With respect to rail or road carriage within a European country then according to the internal law of such state and/or any International Convention whichis compulsorily applicable by the laws of such state. In the absence of such laws or conventions then according to the Sub-contractors contracts of carriage andtariffs, if any. Notwithstanding the above provision, road carriage in the United Kingdom according to the Conditions of Carriage 1998 of Road Haulage Association Limited.(5) With respect to carriage by road in Japan, according to the Standard Japanese Road Transportation Clauses (SJRTC). With respect to carriage by rail inJapan, according to the Japanese Railway Transportation Business Law and Ministerial Ordinance for Railway Transportation.(6) With respect to inland transportation of the Goods other than as provided in subparagraphs (1) through (5) supra, then according to the provisions of any International Convention or National Law which is compulsorily applicable in the country where the inland transportation took place or, if no such law orconvention is applicable, then according to the Sub-contractor's tariff or any contract existing between the Sub-contractor and the Carrier.(D) Extent of Liability for Through Transportation. In any event, the liability of the Carrier shall under no circumstances whatsoever be greater than that of theSub-contractor under said Sub-contractors' contract with the Carrier, and the Carrier shall be entitled to all the rights, defenses, limitations and exemptionsfrom liability contained therein.(E) Subrogation. When any claims are paid to the Merchant by the Carrier, the Carrier shall be automatically subrogated to all rights of the Merchant against allothers, including Underlying Carrier's, on account of such loss or damage.(F) In the event an action is brought in a jurisdiction in which the relevant provisions of clause 5 (A) - (E) of this Bill which are applicable to such claim are heldto be unenforceable pursuant to local law then liability for such claim shall be determined according to the internal law of the jurisdiction in which the actionis brought.6. General Limitations.(1) The Carrier does not undertake that the Goods shall arrive at the port of discharge or place of delivery at any particular time or to meet any particular marketor use and save as provided in Clause 5 the Carrier shall in no circumstances be liable for any indirect or consequential loss or damage caused by delay.(2) Save as otherwise provided herein, the Carrier shall in no circumstances be liable for direct or indirect or consequential loss or damage arising from any other cause.(3) The Carrier shall be entitled to the full benefit of all rights and immunities and all limitations of, or exemptions from, liability provided in the LondonConvention of 1976. Notwithstanding the foregoing, if local law makes the Brussels Convention of 1957 mandatorily applicable, then said latter Act will beapplicable under this Bill . The Carrier shall also be entitled to the full benefit of all rights and immunities and all limitations of, or exemptions from liabilitycontained in any national law of any nation whose laws shall be applicable.(4) Without waiver or limitation of any exemption from or limitation of liability afforded by law or by this Bill and pursuant to the United States Fire Statute, 46U.S.C., Sec. 182, neither Carrier nor any corporation owned by, subsidiary to, or associated or affiliated with Carrier shall be liable for any loss or damage wheresoever and whensoever occurring by reason of any fire whatsoever, including that occurring before loading on or after discharge from the Ship or whilethe Goods are in the custody of an Underlying Carrier, unless such fire shall have been caused by the design or neglect or by the actual fault or privity ofCarrier or such corporation, respectively. In any situation where such exemption from liability may not be permitted by law neither Carrier nor such corporationshall be liable for any such loss or damage by fire unless caused by negligence, including that imputed by law, for which Carrier or such corporation is liable, respectively.7. Amount of Compensation and Limitation of Liability.(1) All claims for which the Carrier may be liable shall be adjusted and settled on the basis of the net invoice value of the Goods plus freight and insurance. Notwithstanding the foregoing it is agreed that in no event shall this clause operate to increase the extent of the Carrier's liability beyond the applicable marketvalue at the port of discharge or place of delivery, if that be less than the net invoice value plus freight and insurance. In no event shall the Carrier be liablefor any loss of profit or any consequential loss.(2) In the event this Bill covers Goods moving to or from a port or final destination inthe United States, the Carrier's limitation of liability in respect to theGoods shall in no event exceed US$ 500 per package or, when the Goods are not shipped in packages, US$500 per customary freight unit. In the event theforegoing would be held inapplicable under the local law of the jurisdiction in which legal proceedings are brought and if the Goods covered by this Bill aresubject to the Hague Rules or any amendments thereto, including the Hague Visby Amendments, then Carrier's liability in no event shall exceed the greater of2 SDRs per kilo of gross weight of the Goods lost or damaged or 667 SDRs per package. The Merchant agrees and acknowledges that the Carrier has no knowledge of the value of the Goods, and that higher compensation than that provided herein may not be claimed unless the nature and value of such Goodshave been declared by the Merchant before shipment and agreed to by the Carrier and inserted in this Bill and any applicable Ad Valorem freight rate, as setout in Carrier's tariff, is paid.(3) If the actual value of the Goods per package or per customary freight unit exceeds such declared value, the value shall nevertheless be deemed to be thedeclared value. Any partial loss or damage shall be adjusted pro rata on the basis of such declared value. In any case, if the declared value is higher than theactual value, the Carrier shall in no event be liable to pay compensation higher than the net invoice value of the Goods plus freight and insurance.8. Notice of Claim and Time for Suit. Unless notice of loss or damage and a general nature of such loss or damage be given in writing to the Carrier at the port of discharge or place of delivery before or at the time of delivery of the Goods, or, if the loss or damage be not apparent, within three consecutive days after delivery, the Goods shall be deemed to have been delivered as described in this Bill. In any event, except as provided in the next sentence, the Carrier shall be discharged from all liability in respect of non-delivery, mis-delivery, delay, loss or damage unless suit is brought within one year after delivery of the Goods or the date when the Goods should have been delivered. Where the damage occurs in the custody of aSub-Contractor during Through Transportation, the Carrier and the Sub-Contractor shall bedischarged from all liability in respect of non-delivery, mis-delivery, delay, loss or damage unless notice of claim is filed and suit is brought within the time periods prescribed by the local laws set forth in Clause 5 (C) (1) - 5 (C) (6) of this ThroughBill .9. Defence and Limits for the Carrier. The defence and limits of liability provided for in this Bill shall apply in any action against the Carrier for loss or damageto the Goods whether the action be founded in contract or in tort.10. Shipper-Packed Containers. If a Container has not been filled, packed, stuffed or loaded by the Carrier, the Carrier shall not be liable for loss or damage to the contents and the Merchant shall indemnify the Carrier against any loss, damage, liability or expense incurred by the Carrier, if such loss, damage, liability or expense has been caused by:- (a) the manner in which the Container has been filled, packed, stuffed or loaded; or (b) the unsuitability of the contents for carriage in Containers;or (c) the unsuitability or defective condition of the Container arising without any want of due diligence on the part of the Carrier to make the Container reasonably fit for the purpose for which it is required; or (d) the unsuitability or defective condition of the Container which would have been apparent upon reasonable inspection bythe Merchant at or prior to the time when the Container was filled, packed, stuffed or loaded, or (e) the discovery of any drugs, narcotics or other illegal substanceswithin Containers packed by the Merchant or inside Goods supplied by the Merchant, and shall indemnify the Carrier in respect thereof. Any reference in this Bill to Shipped on Board or Clean on Board relates solely to the Containers and not to the contents thereof. This Bill shall be subject to Section 80113 of the U.S. FederalBills of Lading Act, 49 U.S.C. (The Pomerene Act) and it is agreed that the Carrier is entitled to that section's full protection for the entire period the Goods are in the custody of the Carrier including pre-loading and post-discharge periods.11. Inspection of Goods. The Carrier shall be entitled, but under no obligation, to open any Container at any time and to inspect the contents. If it thereupon appears that the contents or any part thereof cannot safely or properly be carried further, either at all or without incurring any additional expense or taking any measures in relation to the Container or its contents or any part thereof, the Carrier may abandon the transportation thereof and/or take any measures and/or incur any reasonable additional expense to carry or to continue the carriage or to store the same ashore or afloat under cover or in the open, at any place, which storage shall be deemed to constitutedue delivery under this Bill . The Merchant shall indemnify the Carrier against any reasonable additional expense so incurred.12. Description of Goods. The Carrier does not have facilities to weigh sealed Containers at the loading port and has neither inspected the contents of nor weighed theContainers. Any statements on this Bill relating to marks and numbers, number and kind of packages, description, quantity, quality, weight, measure, nature, kind,value or other particulars of the contents of such Container(s) are as furnished by the Merchant and are unknown to the Carrier and the Carrier accepts no liability in respect thereof. The acknowledgement of the Carrier is confined to the number and apparent order and condition of the Container(s).13. Merchant's Responsibility.(1) The Merchant warrants to the Carrier that the particulars relating to the Goods as set out overleaf have been checked by the Merchant on receipt of this Billand that such particulars and any other particulars furnished by or on behalf of the Merchant are correct.(2) The Merchant 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 limit his responsibility and liability under this Bill to any person other than the Merchant.(3) 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 ashanded over to the Merchant, normal wear and tear excepted, with interiors clean and within the time prescribed in the Carrier's Tariff or elsewhere. TheMerchant of the Goods shall be jointly and severally liable for any loss of, damage to, or delay incurred during the period between handing over to the consigneeand return to the Carrier.14. Freight and Charges.(1) Freight shall be payable, at Carrier's option, on gross intake weight or measurement, or gross discharge weight or measurement, or ad valorem basis, or package orcustomary freight unit basis or any other applicable rate as set forth in Carrier's Tariff. Freight may be calculated on the basis of the description of the Goodsfurnished by the Merchant, but Carrier may at any time, weigh, measure and value the Goods and open packages or customary freight units to examine contents. Incase the Merchant's description is found to be erroneous and additional freight ispayable, the Merchant shall be liable for any additional freight and expenseincurred in examining, weighing, measuring, fumigating and valuing the Goods. (2) Full freight to the port of discharge or in case of Through Transportation to place of delivery named herein and all advance charges against the Goods shall be considered completely earned on receipt of the Goods by the Carrier or Underlying Carrier as the case may be, whether the freight or charges be prepaid or bestated or intended to be prepaid or to be collected at port of discharge or destination or subsequently, and the Carrier shall be entitled absolutely, to all freightand charges, whether actually paid or not, and to receive and retain them under all circumstances whatever, the Ship and/or the Goods lost or not lost, or thevoyage changed, broken up, frustrated or abandoned. Full freight shall be paid whether the Goods be damaged or lost, or packages or customary freight unitsbe empty or partly empty.(3) All freight and charges shall be paid in full and without any offset, counterclaim or deduction, in the currency named in this Bill or, at the Carrier's option, inits equivalent in local currency at bank demand rates of exchange in New York as of the date payment of freight shall be due hereunder. Any error in freightor in charges or in the classification herein of the Goods is subject to correction, and if on correction, the freight or charges are higher, Carrier may collect theadditional amount.(4) The Merchant of the Goods shall be jointly and severally liable to Carrier for the payment of all freight, Bunker Adjustment Factor (BAF), CurrencyAdjustment Factor (CAF), Terminal Handling Charge (THC), demurrage, detention, General Average, salvage and other charges, including but not limited tocourt costs, expenses and reasonable attorney's fees incurred in collecting sums due to the Carrier. Payment of ocean freight and charges to a freight forwarder,broker or anyone other than the Carrier, or its authorized agent, shall not be deemed payment to the Carrier and shall be made at payer's sole risk.15. Lien. The Carrier shall have a lien on the Goods and any documents relating thereto for all sums payable to the Carrier under this Bill or any other contracts with the Merchant and expenses incurred by the Carrier for the account of the Merchant and for General Average and Salvage contributions to whomsoever due and for the cost of recovering the same and shall be for the account of the Goods and the Merchant jointly and severally and the Carrier shall have the right in its absolutediscretionto dispose of the Goods and/or to sell the Goods by public auction or private treaty without notice to the Merchant.16. Optional Stowage.(1) The Goods may be stowed by the Carrier in Containers or similar articles of transport used to consolidate Goods.(2) Goods stowed in Containers whether by the Carrier or the Merchant, may be carried on or under deck without notice to the Merchant. Goods (other than live animals) stowed in any covered-in space or loaded in Containers, vans or trailers carried on deck shall be deemed to be stowed under deck for all purposes,including General Average and the COGSA, the Hague Rules or other compulsorily applicable legislation.17. Deck Cargo. Goods which are stated herein to be carried on deck , whether or not carried on deck, are carried without responsibility on the part of the Carrier forloss or damage of whatsoever nature arising during carriage by sea whether caused by unseaworthiness or negligence or any other cause whatsoever.18. Special Container.(1) The Carrier shall not undertake to carry the Goods in refrigerated, heated, insulated, ventilated or any other special Container(s) nor to carry specialContainer(s) packed by or on behalf of the Merchant, as such; but the Carrier will treat such Goods or Container(s) only as ordinary goods or dry Container(s) respectively, unless special arrangements for the carriage of such Goods or Container(s) have been agreed to in writing between the Carrier and the Merchant and unless such special arrangements are noted on the face of this Bill and all special freight, as required, has been paid. The Carrier shall not accept responsibilityfor the function of special Container(s) supplied by or on behalf of the Merchant. (2) As regards the Goods which have been agreed to be carried in special Container(s), the Carrier or its Sub-contractors shall not be responsible for control andcare of the refrigeration units of such Container(s) when the Containers are not in the actual possession of the Carrier. The Carrier does not warrant the refrigerating machinery and the Carrier shall not be liable for any loss of or damage to the Goods caused by latent defect in the refrigeration equipment.(3) If the Goods have been packed into refrigerated Container(s) by the Carrier and the particular temperature range requested by the Merchant is inserted in this。