chapter9shipmentdocuments-文庫(kù)吧
2025-09-20 17:57 本頁(yè)面
【正文】 back of B/L can be classified into pulsory and nonpulsory. Compulsory clause restrains parties in B/L from breach maritime laws, international convention and harbors practices related. Nonpulsory clause is regulated by the carrier to define those which are not concluded adequately in pulsory clause. Clause on the back of B/L constitutes the evidence of liabilities and obligations and disputes settlement for parties involved in B/L. The contents of back clause are various for every signal carrier but normal contains the following items: ? Definition for merchant。 ? Paramount clause for dispute settlement。 ? Jurisdiction Clause ? Carrier’s responsibility and period of responsibility clauses。 ? Exception and claim clauses。 ? Packing and mark clause。 Freight clause。 Lien clause ? Transshipment clause。 Discharging and delivery clause ? Animals, plants and on deck cargo clause ? Dangerous cargo clause Key classification of B/L shipped on board and received bill of lading ? Criteria vary and classification of B/L could be various. According to whether the goods have been loaded on board the vessel, the B/L is divided into shipped on board B/L and received for shipment B/L. ? A shipped on board B/L is evidence that the goods have been loaded on board a certain steamer. According to general trade practices, only the shipped on board bill of lading is accepted by banks for payment under a letter of credit. ? A received for shipment B/L is evidence given by the ship owner that the goods have been received for shipment but have not yet been actually loaded on a particular ship. It is therefore uncertain whether the goods would be shipped or loaded on board a vessel within a short period of time. clean B/L and unclean B/L. ? According to whether there are notes on the bill of loading, it falls into two kinds: clean B/L and unclean B/L. ? A clean B/L shows that the goods have been shipped on board a vessel in apparent good order or condition. A clean B/L is issued to the shipper when the goods do not have any exterior defects at the port of shipment. Actually on every B/L, there are words “shipped in apparent good order and condition”. The carrier will not modify this statement if the goods are in good order, therefore making the bill of lading clean. The carrier undertakes full liability for the goods and will carry and deliver them in the same good order as he received them. The carrier will be liable if the goods are found damaged. ? Unclean bills of lading are generally marked “insufficiently packed”, “carton old and stained”, “packed in damaged condition” etc. But not all bills of lading which are noted are unclean bills of lading. The following kinds are not regarded as unclean bills of lading. ? The notes do not indicate clearly that the goods or packing are unsatisfactory, ., “old packing” or “old carton” etc. ? The purpose of the note is to emphasize that the carrier shall not be responsible for the risks resulting from the quality of the goods or packing. ? The bank will not accept the unclean B/L until the buyer agrees accordingly. ? named, order and blank bill of lading ? According to whether the B/L is transferable, it is divided into 3 kinds: straight B/L, order B/L, and blank B/L ? A named B/L is made out so that only the named consignee at the destination is entitled to take delivery of the goods under the bill. The consignee is designated the shipper. The carrier has to hand over the cargo to the named consignee, not to any third party in possession of the bill. This kind bill of lading is not transferable. The shipper cannot pass the bill to a third party by endorsement. So the bill is of very restricted application. When the goods are shipped on a nonmercial basis, such as samples or exhibits, or when the goods are extremely valuable, a straight bill of lading is generally issued. ? An order bill of lading indicates that the bill is made
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