1、中远集运提单反面条款中英文对照中远集运提单反面条款中英文对照TERMS AND CONDITION1. DEFINITIONSCarrier 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 p
2、resent 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 therefore, and any feeder vessel, lighter or barge used by or
3、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 t
4、he 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 inc
5、ludes 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
6、 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,
7、 and any other equipment or device used for or in connection with the transportation of the Goods.2. CARRIERS TARIFFThe terms of the Carriers applicable Tariff and other requirements regarding charges are incorporated into this Bill of Lading. Particular attention is drawn to the terms contained the
8、rein, 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, thi
9、s 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 or any part of the carriage with any Sub-contractor and/or to substitute any other vesse
10、l or means of transport for the Vessel.(2) The Merchant undertakes that no claim or legal action whatsoever shall be made or brought against any person by whom the carriage is performed or undertaken (including, but not limited to, the Carriers servants, agents or Sub-contractors), other than the Ca
11、rrier, 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 ne
12、vertheless 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 Carriers servants, agents, or Sub-co
13、ntractors 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 exten
14、t 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. CARRIERS RESPONSIBILITY(1) Port 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 La
15、ding 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 regu
16、lations, 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 the place(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, th
17、is 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 Go
18、ods 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 sh
19、all 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-car
20、rier 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 Carriers 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
21、 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 whats
22、oever unless 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 connection with or arising out of the carriage of
23、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 occ
24、urring 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 li
25、able 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 receipt or loading or will arrive at the place of discharge, destination or transshipment aboard any particular vessel o
26、r 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
27、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, the liability of the Carrier shall be governed by the national
28、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 Carriers Vessel. In either case, clau
29、ses 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 Maritime Code of the Peoples Republic of China as provided for in Clause 26(1). Neither the Carrier, its servants, agents, Sub-contractors nor
30、 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 th
31、e 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
32、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
33、, 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 Peoples Republic of China or US COGSA is compuls
