Transcript Document 7176054

Chapter 6
1
国
际
贸
易
实
务
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
The time of delivery
Focus
Shipment terms
Modes of transport ( ocean transport)
Transport documents
第
6
章
Difficult points
Application of transport documents
Chapter Six
6.1. Modes of Transport
6.2. General Considerations on Cargo Transport
6. 3. Major Transport Documents
6.4. Clause of Shipment
2
3
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?

4
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.
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The concept of delivery
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.
Sea Trans.
ICT
Costal Trans.
Inshore Trans.
Ocean-going Trans.
River-sea
Combined
Trans.
Land Bridge Trans.
Int’l Multimodal Trans.
Rail Trans.
Land Trans.
Air Trans.
Road Trans.
Pipe Trans.
Postal Trans.
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1. Ocean/Sea/Marine Transport
(1) Features of ocean transport
(2) Operational modes of ocean transport
(3) Freight Rates
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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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Types of Shipping Services
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
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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
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
Time Charter
Bareboat Charter
The charter of a ship for
a definite period of time.
A ship without crew
and ship’s master
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.
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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Ocean Freight
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.
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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.
2.
3.
4.
5.
6.
Select relevant freight list/freight tariff
Determine the freight basis and class of the goods
Find the basic freight in the freight grades list
according to the sailing route, port of shipment and
destination
Find the types of receivable surcharges
Add surcharges to basic rate to get actual freight
freight = actual freight x freight ton
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Charter freight
The 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
保
险
托运订舱
货物集中港区
报关单据
报关放行
装船通知
装
船
签发收货单
换取已装船提单
制单结汇
签发装货单
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














World-famous Shipping Companies
澳大利亚国家航运公司
美国总统轮船（中国）有限公司
波罗的海航运公司
中国远洋集装箱运输有限公司
长荣香港有限公司上海办事处
香港航运有限公司
现代商船株式会社上海代表处
川崎汽船（中国）有限公司
上海天海货运有限公司
东航船务有限公司
日本邮船有限公司
东方海外货柜航运有限公司
上海国际轮渡有限公司
中海发展股份有限公司
中外运（集团）总公司
澳国航运 ANL
美国总统 APL
波罗的海 BOL
中远集运 COSCON
香港长荣 EMC
香港海运 HKMSH
现代商船 HMM
川崎汽船 KLINE
天海货运 TMSC
东航船务 TOHO
日本邮船 NYK
东方海外 OOCL
国际轮渡 SFCO
中海发展 CSD
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
between 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
责
任
承
担
者
提货
空
运
代
理
空运代理
报
关
交
付
航
空
公
司
航
空
运
输
航空公司
航
空
公
司
提
货
报
关
空
运
代
理
交
货
收
货
人
空运代理或
地面运输公司
Some Airlines in the World
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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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Containerization
Containerization 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/L
As 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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As 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
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
By the consignor
By the consignee
By the bank
Transferable after
endorsement.
Order B/L)
order
to order
to order of shipper
to order of consignee
to order of banker
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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/L
As 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

As per the issuing date of B/L




40
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
given 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
carrier 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
goods 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.
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。
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Consignment Note (for rail and road)
•Contract of carriage
•Receipt of goods
•Not a document of title
42
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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6.4. Clause of Shipment
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.
Shipment during Jan./Feb.
( a certain period of time)
44
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
45
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
Case
Study
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?
46
Relevant Link to UCP600
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。
47
Considerations for deciding the time of shipment
1.
2.
3.
4.
The supply of the goods
Transportation
The market conditions of the goods
The conditions of the goods
48
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?
2 Choose the right answer from each of the following.
49
1) ______ can be freely bought and sold just like commodities.
A. Railway bill
B. Airway bill
C. Shipping advice
D. Ocean bill of lading
2) 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 goods
3) 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 title
4) ________is the most commonly used transportation mode, which
occupies 2/3 of international transportation.
A. Railway transportation
B. Maritime transportation
C. Air transportation
D. Parcel transportation
5) 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
50
6) _______ can be transferred after endorsement.
A. straight B/L
B. blank B/L
C. order B/L
D. through B/L
7) Multi-modal transport operator is responsible for _________.
A. the first voyage
B. the whole voyage
C. the ocean transport
C. the last voyage
8) Under ______ character, the ship-owner only rents the charterer the boat.
A. demise
B. time
C. voyage
D. booking
9) _____is suitable for conveying fresh, emergent and seasonal goods.
A. scheduled airlines
B. chartered carriers
C. consolidated consignment D. liners
10) 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
513.
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. ( )
52
Case Study
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 Study
53
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.
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
第
6
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