Terms and Conditions of the Bill of Lading of China National Foreign Trade Transportation Corporatio
出处：按学科分类—经济 对外经济贸易大学出版社《当代国际贸易与金融大辞典》第1179页（16819字）
1．DEFINITION
Wherever the term“Shipper”occurs hereinafter，it shall be deemed also Receiver，Consignee，Holder，of this Bill of Lading and Owner of the goods．
2．JURISDICTION
All disputes arising under and in connection with this Bill of Lading shall be determined by the Court in the People’s Republie of China．
3．DEMISE CLAUSE
If the ship is not owned by or chartered by demise to the corporation by whom this Bill of Lading is issued (as may be the case notwithstanding anything that appears to the contrary) this Bill of Lading shall take effect only as a contract with the Owner or demise charterer as the case may be as principal made through the agency of the said corporation who act as agents only and shall be under no personal liability whatever in respect thereof．
4．HAGUE RULES
This Bill of Lading shall have effect in respect of Carrier’s liabilities，responsibilties，rights and immunities subject to the Hague Rules contained in the International Convention for the Unification of Certain Rules Relating to Bills of Lading 1924．
5．PACKING AND MARKS
Shipper shall have the goods properly packed accurately and clearly marked before shipment．The port of destination of the goods should be marked in letters of 5 cm high，in such a way as will remain legible until their delivery．
6．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 other than flats，pallets，trailers，transportable tanks or similar articles of transport whether by the Carrier for the Shipper，may be carried on or under deck without notice to the Shipper．Such goods whether carried on or under deck shall participate in general average．
7．DECK CARGO，PLANTS AND LIVE ANIMALS
Cargo on deck，plants and live animals are received，carried，kept and discharged at Shipper’s or Receiver’s risk and the Carrier shall not be liable for loss thereof or damage thereto．
8．FREIGHT
(1) Freight and charges shall be deemed earned on receipt of the goods by the Carrier and shall be paid by the Shipper and nondeductable in any event．
Freight payable at destination together with other charges is due on arrival of the goods at the place of destination 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 containers，trailers or similar articles of transport inspected in order to ascertain the weight，measurement，value or nature of the goods．In case the particulars of the goods furnished by the Shipper are incorrect，the Shipper shall be liable and bound to pay to the Carrier a sum either five times the difference between 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．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 of Lading and for general average contributions to whomsoever due and for the cost of recovering the same，and for that purpose shall have the right to sell the goods by public auction or private treaty without notice to the Shipper．If on sale of the goods the proceeds fail to cover the amount due and the cost incurred，the Carrier shall be entitled to recover the deficit from the Shipper．
10．TIME BAR，NOTICE OF LOSS
In any event the Carrier shall be discharged from all liabilities under this Bill of Lading unless suit is brought within one year after the delivery of the goods or the date when the goods should have been delivered．
Unless notice of loss of or damage to the goods and the general nature of it be given in writing to the Carrier at the place of delivery before or at the time of the removal of the goods into the custody of the person entitled to delivery thereof under this Bill of Lading，or，if the loss or damage be not apparent，within three consecutive days thereafter，such removal shall be prima facie evidence of the delivery by the Carrier of the goods as described in this Bill of Lading．
In the case of any actual or apprehended loss or damage the Carrier and the Shipper shall give all reasonable facilities to each other for inspecting and tallying the goods．
11．THE AMOUNT OF COMPENSATION
(1) When the Carrier is liable for compensation in respect of loss of or damage to the goods，such compensation shall be calculated by reference to the invoice value of the goods plus freight and insuance premium if paid．
(2)Notwithstanding clause 4 of this Bill of Lading the limitation of liability under the Hague Rules shall be deemed to be RMB￥700 per package or unit．
(3)Higher compensation may be claimed only when，with the consent of the Carrier，the value for the goods declared by the Shipper which exceeds the limits laid down in this clause has been stated in this Bill of Lading and extra freight has been 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
The goods shall be supplied and taken delivery of by the owner of the goods as fast as the ship can take and discharge them without interruption，by day and night．Sundays and Holidays included，not withstanding any custom of the port to the contrary and the owner of the goods shall be liable for all loss or damage incurred in default thereof．
Discharge may commence without previous notice．If the goods are not taken delivery of by the Receiver in due time from alongside the vessel，or if the Receiver refuses to take delivery of the goods，or in case there are unclaimed goods，the Carrier shall be at liberty to land such goods on shore or any other proper places at the sole risk and expense of the Shipper or Receiver，and the Carrier’s responsibility of delivery of goods shall be deemed to have been fulfilled．
If the goods are unclaimed during a reasonable time，or whenever the goods will become deteriorated，decayed or worthless，the Carrier may，at his discretion and subject to his lien and without any responsibility attaching to him，sell，abandon or otherwise dispose of such goods solely at the risk and expense of the Shipper．
13．LIGHTERAGE
Any lighterage in or off ports of loading or ports of discharge shall be for the account of the Shipper or Receiver．
14．FORWARDING，SUBSTITUTE OF VESSEL，THROUGH CARGO AND TRANSHIPMENT
If necessary，the Carrier may carry the goods to their port of destination by other vessel or vessels either belonging to the Carrier or other persons or by rail or other means of transport proceeding either directly or indirectly to such port，and to carry the goods or part of them beyond their port of destination，and to transship，lighter，land and store the goods on shore or afloat and reship and forward same at Carrier’s expense but at shipper’s or Receiver’s risk．The responsibility of the Carrier shall be limited to the part of the transport performed by him on the vessel under his management．
15．DANGEROUS GOODS，CONTRABAND
(l)The Shipper undertakes not to tender for transportation any goods which are of dangerous inflammable，radio-active，and/or any harmful nature without previously giving written notice of their nature to the Carrier and marking the goods and the container or other covering on the outside as required by any laws or regulations which may be applicable during the carriage．
(2)Whenever the goods are discovered to have been shipped without complying with the subclause (1) above or the goods are found to be contraband or prohibited by any laws or regulations of the port of loading，discharge or call or any palce or waters during the carriage，the Carrier shall be entitled to have such goods rendered innocuous，thrown overboard or discharged or otherwise disposed of at the Carrier’s discretion without compensation and the Shipper shall be liable for and indemnify the Carrier against any kind of loss，damage or liability including loss of freight and any expenses directly or indirectly arising out of or resulting from such shipment．
(3) If any goods shipped complying with the sub-clause (1) above become a danger to the ship or cargo，they may in like manner be rendered innocuous，thrown overboard or discharged or otherwise disposed of at the Carrier’s discretion without compensation except to general average，if any．
16．REFRIGERATED CARGO
(l)The Shipper undertakes not to tender for transportation any goods which require refrigeration without previously giving written notice of their nature and particular temperature range to be maintained．If the above requirmemnts are not complied with，the Carrier shall not be liable for any loss of or damage to the goods howsoever arising．
(2)Before loading goods in any insulated space，the Carrier shall，in addition to the Class Certificate，obtain the Certificate of the Classification Society’s Surveyor or other competent person，stating that such insulated space and refrigerating machinery are in the opinion of the Surveyor or other competent person fit and safe for the carriage and preservation of refrigerated goods．The aforesaid certificate shall be conclusive evidence against the Shipper，Receiver and or any Holdder of Bill of Lading．
(3)Receivers have to take delivery of refrigerated goods as soon as the ship is ready to deliver，otherwise the Carrier shall land the goods at the wharf at Receiver’s or Shipper’s risk and expense．
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 involve any admission by the Carrier as to the absence of stains，shakes，splits，holes or broken pieces，for which the Carrier accepts no responsibility．
18．BULK CARGO
As the Carrier has no reasonable means of checking the weight of bulk cargo，any reference to such weight in this bill of Lading shall be deemed to be for reference only，but shall constitute in no way evidence against the Carrier．
19．COTTON
Description of the apparent condition of cotton or cotton products does not relate to the insufficiency of or torn condition of the covering，nor to any damage resulting therefrom，and Carrier shall not be responsible for damage of such nature．
20．OPTIONAL CARGO
The port of discharge for optional cargo must be declared to the vessel’s agents at the first of the optional ports not later than 48 hours before the vessel’s arrival there．
In the absence of such declaration the Carrier may select to discharge at the first or any optional port and the contract of carriage shall then be considered as having been fulfilled．Any option must be for total quantity of goods under this Bill of Lading．
21．GOODS TO MORE THAN ONE CONSIGNEE
Where bulk goods or goods without marks or goods with the same marks are shipped to more than one Consignee，the Consignees or Owners of the goods shall joinly and severally bear any expense or loss in dividing the goods or parcels into pro rata quantities and any deficiency shall fall upon them in such proportion as the Carriers，his servants or agents shall decide．
22．HEAVY LIFTS AND OVER LENGTH CARGO
Any one piece or package of cargo which exceeding 2000 kilos or 9 meters must be declared by the Shipper in writing before receipt by the Carrier and must be marked with the weight and/or length clearly and durably on the outside of the piece in letters and figures not less than 2 inches high by the Shipper．In case of the shipper’s failure in his obligations aforesaid，the Shipper shall be liable for loss of or damage to any property or for persona! injury arising as a result of the Shipper’s failure and shall indemnify the Carrier against any kind of loss or liability suffered or incurred by the Carrier as a result of such failure．
23．SHIPPER-PACKED CONTAINERS，ETC．
(1) If a container has not been filled 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 expense incured by the Carrier．If such loss，damage or expense has been caused by
(a)negligent filling，packing or stowing of the container；or
(b)the contents being unsuitable for carriage in container；or
(c)the unsuitability or defective condition of the container unless the container has been supplied by the Carrier and the unsuitability or defective condition would not have been apparent upon reasonable inspection at or prior to the time when the container was filled，packed or stowed．
(2)The provisions of the sub-clause (1) above also apply with respect to trailers，flats and pallets which have not been filled，packed or stowed by the Carrier．
24．WAR，QUARANTINE，ICE，STRIKES，CONGESTION，ETC．
Should it appear that war，blockade，pirate，epidemics，quarantine，ice，strikes congestion and other causes beyond the Carrier’s control would prevent the vessel from safely reaching the port of destination and discharging the goods thereat，the Carrier is entitled to discharge the goods at the port of loading or any other safe and convenient port and the contract of carriage shall be deemed to have been fulfilled．
Any extra expenses incurred under the aforesaid circumstances shall be borne by the Shipper of Receiver．
25．GENERAL AVERAGE
General average shall be adjusted in Beijing in accordance with the Beijing Adjustment Rules 1975．
26．BOTH TO BLAME COLLISION
If the carrying ship comes into collision with another ship as a result of the neligence of the other ship and any act．neglect or default in the navigation or the management of the carrying ship，the Shipper undertakes to pay the Carrier，or，where the Carrier is not the Owner and in possession of the carrying ship，to pay to the Carrier as trustee for the Owner and/or demise charterer of the carrying ship，a sum sufficient to indemnify the Carrier and/or the Owner and／or demise charterer of the carrying ship against all loss or liability to the other or non-carrying ship or her Owners insofar as such loss or liability represents loss of or damage to his goods or any claim whatsoever of the Shipper，paid or payable by the other or non-carrying ship or her Owners to the Shipper and setoff，recouped or recovered by the other or non carrying ship or her Owners as part of their claim against the carrying ship or her Owner or demise charterer or the Carrier．The foregoing provisions shall also apply where the Owner，operators，or those in charge of any ship or ships or objects，other than，or in addition to，the colliding ships or objects，are at fault in respect to a collision，contact，stranding or other accident．
27．U．S．S．CLAUSE
Notwithstanding any other term hereof the Carriage of Goods by Sea Act 1936 of the United States of America shall have been effect subject to in respect to carriage of goods to and from the parts of the United States．
If any provision of this Bill of Lading be invalid under the Carring of Goods by Sea Act 1396，such provisioin shall，to the extent of such invalidity，but no further，be null and void．