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Chapter 6
Objectives
the different modes of transport, esp. ocean transport the nature of liner transport general considerations on cargo transport the various kinds of B/L the contents of the transport clause
Focus
The time of delivery
Shipment terms
Difficult points Application of transport documents
国际贸易实务
第
6
章
Modes of transport ( ocean transport)
Transport documents
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6.1. Modes of Transport 6.2. General Considerations on Cargo Transport 6. 3. Major Transport Documents 6.4. Clause of Shipment
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Chapter SixChapter Six
What are the major types of transportation? Can you describe the advantages and disadvantages of
the modes of transportation you have mentioned? What should we consider when choosing a certain mode
of transportation?
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Overview
Transport aids trade greatly. By moving goods from places in one country where they are sold to places in another where they are bought, transport helps to bring about the realization of a transaction. Transport is indispensable to import and export business.
In international trade, both the seller and the buyer should negotiate and stipulate the terms and conditions of the shipment clause, such as shipment date, port of shipment and destination, partial shipment, transshipment, etc. Without specific stipulations of the shipment clause in the sales contract, some disputes would arise from the performance of the sales contract and lead to serious outcome.
The concept of The concept of deliverydelivery
The seller delivers the contracted goods at the agreed time, place and in the agreed manner to the buyer. In international trade, the delivery also means to transport the necessary documents at the stipulated time to the buyer. The former is called physical delivery of goods, which is applied in sales under E terms and D terms, while the later is called symbolic delivery of goods, which is applied in the sales under F terms and D terms.
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6.1. Modes of Transport(International Cargo Transportation)
Inland Trans. Water Trans. Container Trans. River-sea Costal Trans. Combined Sea Trans. Inshore Trans. Trans. Land Bridge Trans. Ocean-going Trans.
ICT Int’l Multimodal Trans.
Rail Trans. Land Trans. Air Trans. Road Trans. Pipe Trans. Postal Trans.
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(1) Features of ocean transport
(2) Operational modes of ocean transport
(3) Freight Rates
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1. Ocean/Sea/Marine Transport
Features of Ocean Transport Advantages:
The easy passage since about 70% of the earth is covered by water. Large capacity. The unit distribution cost reduced. Good adaptability to cargoes of different size, weight, shape, etc.
Disadvantages:
The low passage of ocean transport. Vulnerable to bad weather and less punctual compared with road or air transport.
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1) Liner Transport （班轮运输）A passenger or cargo vessel that operates over a
regular route according to an advertised time-table.
Features fixed route, ports, schedule and relatively fixed freight loading and unloading charges included in freight simple procedures and ideal for cargo of small quantity
Types of Shipping Services
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2) Charter Transport 租船运输 （ Tramp Shipping) 不定期船运输
The practice of paying money to a shipping company to
use their boats.
Much cheaper than that of the liner. Shippers may choose direct route. Widely used in transporting bulk cargoes.
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Charter Transport
Voyage Charter Time Charter Bareboat Charter
.
The charter or hiring of a vessel and crew for a single voyage
single trip charter
单航次租船 return trip charter
来回程航次租船consecutive voyages
连续航次程租
The charter of a ship for a definite period of time.
The ship owner is responsible for providing seaworthy ship and the related charges. The renter has the right to dispatch the ship, but bear all expenditures in transit, such as charges for fuels, port and loading & unloading.
A ship without crew and ship’s master
The charterer is responsible for crewing, provisioning and fuelling, maintaining and even paying different taxes or duties within a period of time, usually a number of years
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Freight is a special unit used in calculating charges that must be paid for shipping the cargo. Freight is collected in different ways. Shippers should be familiar with them in order to estimate and reduce, if possible, the cost of transport.
Ocean freight may be broadly divided into liner freight and charter freight.
Ocean Freight
Liner Freight
Basic freight rates
1 ） Weight 重量法 : for items marked with “W” in the tariff, the freight thereon are to be calculated per metric ton on weight (weight ton).2) Measurement 体积法 : for items marked with “M”, the freight is to be calculated per cubic meter on measurement of the cargo (measurement ton).3) Ad Val. 从价法 : for items marked with “AD Val.”, the freight is to be calculated on the basis of the price or value of the cargo concerned. For some valuable goods like gold, silver, expensive fur, usually 1-5% of the price.4) Weight or Measurement ， W/M or Ad val ， W/M plus ad val （选择法）5 ） Per Head 、 Per Unit （按件法）6 ） Open Rate 议定法
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Surcharges
bunker surcharge/bunker adjustment factor (B.A.F. 燃料附加费 )
devaluation surcharge/currency adjustment factor (C.A.F. 货币 贬值附加费 )
transshipment surcharge
direct additional
heavy lift additional
port additional/port surcharge
port congestion surcharge
deviation surcharge( 绕航附加费 )
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How to calculate liner freight
1. Select relevant freight list/freight tariff2. Determine the freight basis and class of the goods3. Find the basic freight in the freight grades list
according to the sailing route, port of shipment and destination
4. Find the types of receivable surcharges5. Add surcharges to basic rate to get actual freight6. freight = actual freight x freight ton
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Charter freightThe freight rate for charter is usually charged by quantities of the goods carried and fluctuates with market conditions of supply and demand.
1) Liner terms/gross terms( 班轮条件 ): the freight includes loading and unloading charges. The ship owner shall be responsible for loading and unloading.
2) Free in( 船方管卸不管装 ): the ship owner bears the unloading charges, not loading charges.
3) Free out( 船方管装不管卸 ): the ship owner bears the loading charges, not the unloading charges.
4) Free In and Out( 船方装卸均不管 ): the ship owner bears no unloading and loading charges.
5) Free In and Out and Stowed and Trimmed （船方不管装卸、理舱和平舱） : the ship owner is neither responsible for loading and unloading nor for stowed and trimmed charges.
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Operational Procedure of Ocean Transport for Export
备货报验 审核装运条款货证齐全
托运订舱
货物集中港区报关放行
装 船
签发收货单
换取已装船提单
制单结汇
保 险 签发装货单
报关单据
装船通知
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World-famous Shipping Companies World-famous Shipping Companies
澳大利亚国家航运公司 澳国航运 ANL 美国总统轮船（中国）有限公司 美国总统 APL 波罗的海航运公司 波罗的海 BOL 中国远洋集装箱运输有限公司 中远集运 COSCON 长荣香港有限公司上海办事处 香港长荣 EMC 香港航运有限公司 香港海运 HKMSH 现代商船株式会社上海代表处 现代商船 HMM 川崎汽船（中国）有限公司 川崎汽船 KLINE 上海天海货运有限公司 天海货运 TMSC 东航船务有限公司 东航船务 TOHO 日本邮船有限公司 日本邮船 NYK 东方海外货柜航运有限公司 东方海外 OOCL 上海国际轮渡有限公司 国际轮渡 SFCO 中海发展股份有限公司 中海发展 CSD 中外运（集团）总公司 中外运 SINOTRANS
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2. Air Transport
Advantages:
High speed
Good quality
Low risk
Competitive insurance premium
Disadvantages
High cost
Low capacity
Vulnerable to disruption
Sparsely located facilities.
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Types of Air Transport Services
Four categories: Scheduled airlines 班机运输 Chartered carriers 包机运输 Consolidated consignments by freight forwarders 集中托运• Air express service / desk to desk service 航空速递(1) Scheduled airlines: operating on a scheduled service, over a fixed airline and b
etween fixed airports, suitable for conveying fresh, emergent and seasonal goods.
(2) Chartered carriers: the hire of an aircraft by a shipper or several shippers to deliver cargoes, ideal for carrying cargoes of large quantities or carrying cargoes of different shippers to the same destination.
(3) Consolidated consignments: the air freight forwarder usually assembles a number of individual shipments into one consignment and dispatches them on one air waybill. A consolidated shipment made up by several shipments can be dispatched to one common destination. Many shippers prefer this kind of shipment as the freight rate is 7%-10% lower than that of a scheduled airline.
(4) Air express service : the express service provided by air freight forwarders specializing in this line of business between consignors, airports and users, suitable for urgently needed articles and important documents
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Airline Rates Air freight is normally collected according to actual weight for
heavy cargo or measurement weight for large volume cargo. The rates are normally quoted per kilogram. The air freight excludes other charges such as customs fees and storage fees.
In order to stimulate traffic, different types of air freight rates are designed. For instance, General Cargo Rates are the basic rates. Specific Commodity Rates are reduced rates applicable to a wide range of commodities specified in the tariff of the carrier. If no commodity rate is available for cargoes like live animals, human remains or valuable cargoes, Classification Rates apply.
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Airline Rates
M/W (subject to the higher rate) Four types of airline rates: - General Cargo Rate (G.C.R.) 一般货物运价 - Specific Cargo Rate (S.C.R.) 特种货物运价 - Class Rate (C.R.) 等级运价 - Unitized Consignments Rate (U.C.R) Characteristics of airline rates: - one-way freight from one airport to another - delivery charges, customs charges and storage charges excluded - publicized in local currency - measurement unit is kilo or pound - fluctuate in line with market conditions
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The division of responsibilities of the parties concerned in the air freight
发货人
空运代理
航空公司
航空公司
空运代理
收货人
责任承担者
提货
空运代理 航空公司 空运代理或
地面运输公司
报关
交付
航空
运输
提货 报关
交货
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Rail Transport
Advantages
Large capacity (second to ocean transport)
Relatively high speed
Economical
Relatively punctual
Less prone to interruptions by poor weather
Disadvantages
Confined to railroad
Less flexible
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International Railway Through Transport
- under one rail consignment note
- shipper or consignee not involved when goods are transiting the countries
Siberia Transcontinental Railway
Eurasia Transcontinental Railway
Railway transport to Hong Kong and Macao Domestic Rail Transport
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Road Transport Advantages
Versatile
Flexible in operation
High distributive ability
Disadvantages
Low capacity
High operating cost
High risk of pilferage and damage
Complication
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ContainerizationContainerization is a method of distributing merchandise in a unitized form, suitable for ocean, rail and multi-modal transport. It is the most modern form of physical international distribution and overall is highly efficient in terms of reliability, cost, quality of service, advanced technology and so on.
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Features of containerization:
Advantages Increase the efficiency of
handling Improve the transportation
quality Save operating costs Simplify delivery formalities Promote multi-modal
transportation
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Containers and Container Transport
The majority of containers are built to the ISO specification. The 20-foot and 40-foot containers are most popular. (8’ X 8’ X 40’ and 8’ X 8’ X 20’). The container capacity is measured in TEUs (Twenty-feet Equivalence Units). Containers of other sizes and capacities are also available but not widely used.
Three major types of containers:
8’ X 8’ X 40’ (IA); 8.6’ X 8’ X 40’(IAA); 8’ X 8’ X 20’ (IC)
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Container Transport Containerization offers:
a door to door service under FCL/FCL （整装整拆） ,
door to container freight station (CFS) service under FCL/LCL （整装拼拆）
CFS to CFS service under LCL/LCL （拼装拼拆） CFS to door service under LCL/FCL （拼装整拆）
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Container Freight
Based on container capacity/origin and destination of the merchandise
Inland transportation cost is included Based on the type of commodity For LCL, each commodity is charged
separately for the freight
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International Multi-modal Transport
At least two modes of transport One contract, one transport document, one operator, one freight rate Use of containers
Advantages High efficiency Good quality Cost and time saving Economy and simplicity of documentation
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6.2. General Considerations on Cargo Transport
(1 ） Reliability
(2 ） Speed and Frequency
(3 ） Cost
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6.3 Major Transport Documents
Bill of lading Consignment note (for Rail and Road) Air waybill Combined transport documents
(CTD)
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Bill of Lading (B/L)
1. Definition and Function
A bill of lading is a shipping document that serves as: 1) a receipt of the goods( 货物收据 )
2) a document of title( 物权凭证 ) 3) the evidence of the contract between the consignor
and the carrier ( 运输契约的证明 )
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Bill of lading (B/L) A bill of lading (B/L) is used for sea shipment and is a certificate of
ownership of goods. It must be produced at the port of final destination by the importer in order to claim goods.
As a document of title, the bill of lading is also a negotiable document and you may sell the goods by endorsing or handing it over to another authorized party, even while the goods are still at sea.
Although negotiable bills of lading are in common use, some countries do not allow them or make it difficult for them to be used. You have to be sure that a negotiable B/L is accepted in your country. Otherwise, a non-negotiable B/L is issued.
The B/L is a formal, signed receipt for a specified number of packs, which is given to the export agent by the shipping line when the shipping line receives the consignment. If the cargo is apparently in good order and properly packed when received by the shipping line, the bill of lading, is deemed as "clean". The ship owner thus accepts full liability for the cargo described in the bill.
See sample B/L
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2. Types of B/LAs per whether the goods are shipped on board: Shipped (on board) B/L 已装船提单 Received for shipment B/L 备运提单As per whether the B/L is clean or not: Clean B/L Unclean/Foul B/L
Unclean B/L can not used for negotiation.
Some remarks can not be regarded as “ unclean”.
•不明白地表示货物或包装不能令人满意，如：“旧包装”，“旧箱”•强调承运人对于货物或包装性质引起的风险不负责任•否认承运人知悉货物内容、质量、重量等•发货人装载并计数
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提单抬头 是否背书 能否转让 Straight B/L No endorsement The consignor can not
transfer.The consignee can if necessary.
Blank B/L No endorsement Transferable
Order B/L)
order
to order
to order of shipper
to order of consignee
to order of banker
By the consignor
By the consignee
By the bank
Transferable after
endorsement.
38As per the name of the consignee
Straight B/L 记名提单Blank B/L /Bearer B/L 不记名提单Order B/L 指示提单 (widely used)
Comparisons
As per the modes of transport Direct B/L 直达提单 Transshipment B/L 转船提单 Through B/L 联运提单 Liner B/L 班轮提单 Container B/L Combined B/LAs per the content of the B/L Long form B/L 全式提单 Short form B/L 简式提单As per the effect of B/L Original B/L) 正本提单 Copy B/L 副本提单
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As per the issuing date of B/L
On deck B/L 甲板提单 When cargo is placed on the deck of a ship for delivery, an On Deck B/L is giv
en to the exporter when the ship leaves port. Stale B/L 过期提单 Bills presents to the consignee or buyer or his bank after the stipulated expiry
date of presentation or after the goods are due at the port of destination Ante-dated B/L 倒签提单 When the actual shipment date is later than that stipulated in the L/C, the carrie
r sometimes, at the shipper’s request, issues a B/L with a date of signature that suits the requirement so as to avoid non-acceptance by the bank.
Advanced B/L 预借提单 When the expiry date of the L/C is due but the exporter hasn’t yet got the goo
ds ready for shipment. The purpose of issuing such a bill is to negotiate payment with the bank in time within the validity of the L/C.
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Anti-dated B/L &Advanced B/L
倒签提单和预借提单被认为是典型的海运欺诈行为。不论出于什么原因，承运人通过倒签和预借提单，总是向收货人或提单持有人传达了一个关于装船时间的虚假情况。如果是应托运人的要求所为，那么从买卖关系上说，承运人则是帮助卖方掩盖了未能按时交运的违约事实。倒签和预借提单的主要原因是卖方不能按照买卖合同的约定时间交运货物，有时也因为承运人船期延误。
Case Study (1)
我国某公司与瑞士某公司签订某农产品 3500 公吨的合同，每公吨 CIF 鹿特丹 24
英镑共值 84000 英镑。装船日期为当年 12 月至次年 1 月，对方以不可撤销的即期信用证进行支付。我国某公司在租船装运时，因原订货船临时损坏，在国外修理，不能在预定的时间到达我国口岸装货，临时改派香港某公司租船装运，但又因连日风雪，迟至 2 月 11 日才装完毕， 2 月 13 日开航。我某公司了取得符合信用证所规定的装船日期（即 19×× 年 12 月 1 日至次年 1 月 31 日）提单，要求外轮代理公司按次年 1 月 31 日签发提单，并以此提单向我银行办理议付。货物到达鹿特丹，经买方聘请律师上船查阅航行日志，查实提单的签发日期是伪造的立即凭证向当地法院起诉，并由法院发出扣船通知。船由外轮公司以 30000 英镑担保放行，我方经四个月的谈判，共赔偿 20600 英镑，买方才撤回上诉而结案，既损失了外汇，又对外造成了不良的影响。试对此案进行分析。
分析 : 倒签提单是一种违法行为，一旦被识破，产生的后果是严重的。但是在国际贸易中，倒签提单的情况相当普遍。尤其是当延期时间不多的情况下，还是有许多出口商会铤而走险。当倒签的日子较长的情况出现，就容易引起买方怀疑，最终可 以通过查阅船长的航行日志或者班轮时刻表等途径加以识破。
Case Study (2)
我国 A 公司与某国 B 公司于 2004 年 10 月 20 日签订购买 52500 吨化肥的 CFR 合同。 A 公司开出信用证规定，装船期限为 2005 年 1 月 1 日至 1 月 10 日，由于 B 公司租来运货的“顺风号”轮在开往某外国港口途中遇到飓风，结 果装运 2005 年 1 月 20 日才完成。承运人在取得 B 公司出具的保函的情况下 签发了与信用证条款—致的提单。“顺风号”轮于 1 月 21 日驶离装运港。 A
公 司为这批货物投保了水渍险。 2005 年 1 月 30 日“顺风号”轮途经巴拿马运河 时起火，造成部分化肥烧毁。船长在命令救火过程中又造成部分化肥湿 毁。由于船在装货港口的延迟，使该船到达目的地时正遇上了化肥价格下 跌． A 公司在出售余下的化肥时价格不得不大幅度下降，给 A 公司造成很大 损失。请根据上述事例，回答以下问题：
问题 : (1)途中烧毁的化肥损失属什么损失，应由谁承担 ? 为什么 ?
(2)途中湿毁的化肥损失属什么损失，应由谁承担 ? 为什么 ?
(3)A 公司可否向承运人追偿由于化肥价格下跌造成的损失 ? 为什么 ?
回答 :
(1) 属单独海损，应由保险公司承担损失。途中烧毁的化肥属于单独海损，依 CFR 术语，风险由 A 公司即买方承担；而 A 公司购买了水渍险，赔偿范围包含单独海损，因此由保险公司承担。
(2) 属共同海损，应由 A 公司与船公司分别承担。因船舶和货物遭到了共同危险，船长为了共同安全，有意又合理地造成了化肥的湿毁。 (3) 可以。因为承运人迟延装船，又倒签提单，须对迟延交付负责。
Consignment Note (for rail and road)
•Contract of carriage
•Receipt of goods
•Not a document of title
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Air Waybill
Receipt of goods Contract of carriage Certificate of insurance Customs declaration Instruction sheet to the carrier Bill for the freight
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Time of shipment How to stipulate the time of shipment in the contract?
1 、 A definite time is given for shipment. e.g.:
Shipment at or before the end of March .
Shipment on or before May, 15th. (the latest time)
Shipment not later than October 31st.
Shipment during January.
Shipment within sixty days. ( a certain period of time)
Shipment during Jan./Feb.
6.4. Clause of Shipment
2. When the payment is made by L/C, the time of shipment is usually made in connection with the time of receipt of L/C. e.g.:
The Buyer must open the relative L/C to reach the
Sellers before 15 Oct.
Shipment within 45 days after receipt of L/C.
3. Recent shipment
Immediate shipment
Prompt shipment
Shipment as soon as possible
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Partial Shipment & Transshipment
Shipment during Oct. / Nov. /Dec. 2007, with partial shipments and transshipment allowed.
Shipment during Jan. /Feb. 2007 in two equal monthly lots (in two equal monthly shipments) ,with transshipment allowed
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某公司出口 2000 公吨大豆，国外来证规定：不允许分批装运。结果我方在规定的期限内分别在大连和青岛各装 1000 公吨于同一航次的同一船只上，提单上也注明了不同的装货港和不同的装船日期，试问：我方做法是否违约？银行能否议付？理由何在 ?
Case Study
Relevant Link to UCP60046
Article 31 Partial Drawings or Shipments
a. Partial drawings or shipments are allowed.
b. A presentation consisting of more than one set of transport documents evidencing shipment commencing on the same means of conveyance and for the same journey, provided they indicate the same destination, will not be regarded as covering a partial shipment, even if they indicate different dates of shipment or different ports of loading, places of taking in charge or dispatch. If the presentation consists of more than one set of transport documents, the latest date of shipment as evidenced on any of the sets of transport documents will be regarded as the date of shipment.
A presentation consisting of one or more sets of transport documents evidencing shipment on more than one means of conveyance within the same mode of transport will be regarded as covering a partial shipment, even if the means of conveyance leave on the same day for the same destination.
c. A presentation consisting of more than one courier receipt, post receipt or certificate of posting will not be regarded as a partial shipment if the courier receipts, post receipts or certificates of posting appear to have been stamped or signed by the same courier or postal service at the same place and date and for the same destination.
第三十一条 部分支款或部分发运a. 允许部分支款或部分发运。b. 表明使用同一运输工具并经由同次航程运输的数套运输单据在同一次
提交时，只要显示相同目的地，将不视为部分发运，即使运输单据上表明的发运日期不同或装货港、接管地或发运地点不同。如果交单由 数套运输单据构成，其中最晚的一个发运日将被视为发运日。
含有一套或数套运输单据的交单， 如果表明在同一种运输方式下经由数件运输工具运输，即使运输工具在同一天出发运往同一目的地，仍将被视为部分发运。
c. 含有一份以上快递收据，邮政收据或投邮证明的交单， 如果单据看似由同一快递或邮政机构在同一地点和日期加盖印戳或签字并且表明同一目的地，将不视为部分发运。
Considerations for deciding the time of shipment
1. The supply of the goods
2. Transportation
3. The market conditions of the goods
4. The conditions of the goods
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Follow-up Practice
1 Review and Discussion Questions 1) What are the major types of transportation in international cargo transport?
2) What are the characteristics of liner transport?
3) What are the differences between voyage charter and time charter?
4) What are the main functions of B/L?
5) What should be considered when choosing port of shipment and port of destination?
6) Why the advice of shipment can coordinate the responsibilities of the exporter and the importer?
7) What are the main responsibilities of multi-modal transport operator?
8) What main points are included in the clause of shipment?
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2 Choose the right answer from each of the following.1) ______ can be freely bought and sold just like commodities. A. Railway bill B. Airway bill C. Shipping advice D. Ocean bill of lading2) Freight under liner transportation _______. A. needs to stipulate demurrage and dispatch money between the shipper and the carrier B. does not include loading and unloading cost C. consists of basic charges and additional charges D. is collected based on gross weight of the goods3) Airway bill is NOT________. A. a transport contract between the consignor and the carrier B. a document for customs clearance C. a document for bank negotiation D. a document of title4) ________is the most commonly used transportation mode, which occupie
s 2/3 of international transportation. A. Railway transportation B. Maritime transportation C. Air transportation D. Parcel transportation5) In international trade, the importer often does not require_______. A. shipped B/L B. clean B/L C. blank B/L D. order B/L
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6) _______ can be transferred after endorsement. A. straight B/L B. blank B/L C. order B/L D. through B/L7) Multi-modal transport operator is responsible for _________. A. the first voyage B. the whole voyage C. the ocean transport C. the last voyage8) Under ______ character, the ship-owner only rents the charterer the boat. A. demise B. time C. voyage D. booking9) _____is suitable for conveying fresh, emergent and seasonal goods. A. scheduled airlines B. chartered carriers C. consolidated consignment D. liners10) If items marked with “AD Val.”, the freight is to be calculated on the basis
of _______ of the cargo concerned. A. weight B. price or value C. measurement D. volume
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3. Judge whether the following statements are true or false.
1) The loading and unloading charges are included in the freight of the liners. ( )2) Demurrage is the extra charges a shipper pays for detaining a freight ship beyond time permitted for loading or unloading. ( )3) Dispatch money is a fine imposed on the charterer for the delay in the loading and unloading of the goods. ( )4) Straight B/L can be transferred through endorsement. ( )5) A bill of lading is both a receipt for merchandise and an evidence of contract to deliver it as freight. ( )6) Advantages of containerization include less handling of cargo, more protection against pilferage, less exposure to the elements, and reduced time of shipping.( ) 7) Order B/L can be transferred with or without endorsement. ( ) 8) In international multi-modal transportation, a multi-modal transport operator will issue a combined transport document and be responsible for the safe carriage of the whole voyage. ( )9) In order to clarify who will bear the loading and unloading charges in voyage charter transportation, the clause “Free in and out” is set forth in the Voyage Charter Party. This means the charterer shall be responsible for both loading and unloading charges.10) Free in and free out means that ship-owner is responsible for both loading and unloading charges. ( )
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A Chinese company (Company A) signed a sales contract with a Brazilian company (Company C). Company A entrusted a shipping company (Company B) to ship the 10 000 sacks of coffee beans from Shanghai Port to a port in Brazil. Company B issued a clean B/L evidencing that each sack weights 60 kgs in apparent good condition. When the goods arrived at the destination, Company C found that the weight of 600 sacks of goods was 25% less in quantity than contracted and the packages were loosened.
Therefore, Company C sued Company B for the quantity discrepancy between the delivered goods and the descriptions on the B/L, and asked Company B to compensate for the loss. Company B later provided evidence to prove that the loosened packages and the shortweight had existed when the goods were loaded on board, and the company issued the clean B/L because of failure in checking every package. Since the discrepancy in delivered quantity was not caused by Company B. the company should not compensate for the loss. Investigation also confirmed that the shortweight of 600 sacks was not caused by the carrier but by the shipper, Company A.
Which party should compensate Company C? Give reasons to support your answer.
Case Study52
A bill of lading issued by Cosco was required by the credit. Shantou Cosco Container Transportation Co., the agent of the carrier, issued a B/L to the beneficiary, Shanghai Golden Dragon Company. The B/L indicated that Cosco was the carrier. However, Shanghai Golden Dragon Company was dishonored by the issuing bank.
Please analyze the case and find out the reason for dishonor.
Case Study53
Vocabulary to learn
On Board (Shipped) B/L 已装船提单Received for shipment B/L 备运 ( 收妥待运 ) 提单Named B/L 记名提单Bearer B/L 不记名提单Order B/L 指示提单Blank Endorsement 空白备书Clean B/L 清洁提单In apparent good order and condition 外表状况良好Unclean ( Foul, Dirty) B/L 不清洁提单Direct B/L 直航提单Transshipment B/L 转船提单Through B/L 联运提单Multi-modal (Inter-modal, combined) transport B/L 多式联运提单Long Form B/L 全式提单Short Form B/L 简式提单Anti-dated B/L 倒签提单Advanced B/L 预借提单Stale B/L 过期提单
On Deck B/L 甲板货提单Charter Party B/L 租约项下提单House B/L 运输代理行提单Seaworthiness 船舶适航Charter Party ( C/P) 租船合同 ( 租约 )Voyage charter party 航次租船合同Time Charter Party 定期租船合同Common carrier 公共承运人Private carrier 私人承运人Single trip C/P 单航次租船合同Consecutive single trip C/P 连续单航次租船合同Return trip C/P 往返航次租船合同Fixture Note 租船确认书Free In (FI) 船方不负责装费Free Out (FO) 船方不负责卸费Free In and Out (FIO) 船方不负责装卸费
Lump-sum freight 整船包价运费Damage for Detention 延期损失Booking Note 托运单 ( 定舱委托书 )Shipping Order (S/O) 装货单 (下货纸 )Mate’s Receipt 收货单Loading List 装货清单Cargo Manifest 载货清单 ( 货物舱单 )Stowage Plan 货物积载计划Dangerous Cargo List 危险品清单Inward cargo 进港货Outward cargo 出港货Container yard (CY) 集装箱堆场Container Freight Station ( CFS) 集装箱货运站Container Load Plan 集装箱装箱单Full Container Load (FCL) 整箱货Less Container Load (LCL) 拼箱货Delivery Order (D/O) 提货单 (小提单 )Twenty equivalent unit (TEU) 二十尺集装箱换算单位Demurrage 滞期费
国际贸易实务
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