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上海航运交易所SSE无船承运人提单


This B/L for NVOCC carriage has registered with the M.O.C. of the P.R.C., and published on websites: www.moc.gov.cn and www.chineseshipping.com.cn.    Registry NO.  :

 

Shipper

 

 

(公司中英文名称)

 

 

PORT-TO-PORT OR COMBINED TRANSPORT

BILL OF LADING

(ONLY FOR CONTAINER TRANSPORTATION )

 

Received in external apparent good order and condition except as otherwise noted. The total number of packages or units stuffed in the container, the description of the goods and the weights shown in this Bill of Lading are furnished by the shipper, and which the carrier has no reasonable means of checking and is not part of this Bill of Lading

The shipper and the consignee and other merchants agree to be bound by the terms and conditions of this Bill of Lading as if each had personally signed this Bill of Lading.

Consignee

 

Notify Party

 

Pre-carriage by

 

 

Place of Receipt
Ocean Vessel

 

 

Port of Loading

 

Port of Discharge

 

 

Place of Delivery
Marks & Nos.

Container seal No.

 Number & kind

of  P’kgs

 

 

Description of P’kgs & goods Gross weight

(kgs)

Measurement
FREIGHT AND CHARGES Place and date of issue
RATE IN WITNESS whereof the number of original Bills of Lading stated left have been signed, one of which being accomplished, the other(s) to be void.

 

1 signed by                    as the carrier

 

 

 

2 signed by                   as agent for and on behalf of the carrier

 (Note: 1, 2 are alternative, 1 shall be applied unless 1 has been expressly abandoned.)

TOTAL Prepaid Collect
Declared value

 

Number of original B/L
For cargo Delivery, Please Contact:

Shanghai Shipping Exchange Form

S S E   All form and clauses made by SSE and all rights reserved.

 

 

  1. DEFINITION”Carrier” means,LTD Printed in this Bill of Lading.   “Merchants” includes the consignor, the shipper, the receiver, the consignee, the owner of the Goods, the lawful holder or endorsee of the Bill of Lading.   “Goods” means the whole or any part of the cargo received from the Merchant and includes 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.” Shipping unit” means any physical unit of cargo not shipped in a package but described in this Bills of Lading, includes machinery, vehicles and boats, except goods shipped in bulk.” Container” includes any Container, open top trailer, transportable tank, flat rack, platform, pallet, and any other equipment or device used for or in connection with the transportation of the Goods.
  2. ArbitrationAny disputes arising from the execution of or in connection with this B/L shall be submitted to Shanghai Sub-Commission of China Maritime Arbitration Commission for arbitration in accordance with its arbitration rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties.
  3. Applicable lawAll disputes arising under or in connection with this Bill of Lading shall be determined by the laws of the People’s Republic of China.
  4. Liability of Servants and other personsSubject to the conditions of this Bill of Lading, the Carrier shall be responsible for the acts and omissions of his servants or agents or other person acting within the scope of their employment or any other person of whose services he makes use for the performance of the contract evidenced by this Bill of Lading, as if such acts and omissions were his own. These conditions, including the exemptions, defenses and limitation of the liabilities of the carrier apply whenever claims relating to the performance of the contract evidenced by this Bill of Lading are made against any servant, agent or other person whose services have been used in order to perform the contract.
  5. Applicability to Action in TortThe conditions concluded in this Bill of Lading apply to any claim against the carrier or an servant of the Carrier or other person referred to in Clause 4 relating to the performance of the contract evidenced by this Bill of Lading, whether the claim is founded in contract or in tort.
  6. Sub-contractingThe 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.
  7. Notice of Claim and Time BarUnless notice of loss of or damage to the goods is given in writing to the Carrier or it’s agent at the port of discharge or Place of Delivery before or on the date of delivery of the goods, or if such loss or damage is not apparent, 15 consecutive days thereafter, such delivery shall be prima facie evidence of the delivery of the Goods by the Carrier in apparent good order and condition as described in this Bill of Lading. The Carrier, its servants, agents and any other person referred to in Clause 4 shall be discharged from all liabilities whatsoever unless suit is brought within one year of the Goods from the date when the Goods have been or should have been delivered.
  8. Description of the goods and merchant’s liabilityThe information of the goods in this Bill of Lading shall be prima facie evidence of the receiving by the Carrier of the goods or when they are on board as described by such information and proof to the contrary shall not to be admissible when this Bill of Lading has been transferred to the consignee as a third party for valuable consideration who is in good faith has relied and acted thereon unless otherwise noted such as the indications of “Shipper’s weight, load and count”, “shipper packed, contained and sealed” or similar expressions has been made in the printed text or superimposed on the front of this Bill of Lading. When the information of the goods for insertion in this Bill of Lading is furnished by the merchant or on his behalf, the shipper shall be deemed to have guaranteed to the Carrier the accuracy, at the time the goods were received by the Carrier, of all particulars relating to the general nature of the goods, their marks, number, weight, volume and quantity and, if applicable, to the dangerous character of the goods. The shipper shall indemnify the Carrier against all loss, damage and expense resulting from any inaccuracy or inadequate of such particulars, even if the Bill of Lading has been transferred by the shipper. The carrier shall not be liable for any loss, damage or expense caused by defective or insufficient packing of goods or by inadequate loading or packing within containers or other transport units when such has been performed by the shipper or on his behalf by a person other than the Carrier, or by the defect or unsuitability of the containers or other transport units supplied by the shipper, or on his behalf or if supplied by the carrier, if a defect or unsuitability of the container or other transport unit would have been apparent upon reasonable inspection by the shipper or on his behalf. The shipper shall indemnify the Carrier against all loss, damage, liability and expense so caused.
  9. Carrier’s containers The Carrier will stuff goods received in break bulk in containers and the Carrier shall have the right to carry any containers, whether or not stuffed by the carrier on deck or under deck.  All such goods shall participate in General Average.  The terms of this Bill of Lading, including the applicable Chinese law shall apply to these containers whether carried on deck or under deck. If carrier’s containers and equipment are used by the Merchant for pre-carriage or on –carriage or unpacked at the Merchant’s premises, the Merchant is responsible for returning the empty Containers, with interiors brushed, clean and free of smell to the point or place designated by the Carrier, within the time prescribed in the applicable Tariff and/or required by the Carrier.  Should a Container not be returned within the aforesaid time, the Merchant shall be liable for any detention, demurrage, loss or expenses, which may arise from such non-return. The Merchant shall be liable for any loss of or damage to Carrier’s Containers and other equipment while in the custody of the merchant or anyone acting on the merchant behalf.  The Merchant shall also be liable during such period for any loss of or damage to the property of others or for any injuries or death and the Merchant shall indemnify and hold the Carrier harmless against all damages incurred from any and all such claims arising during periods.
  10. Merchant—Stuffed container  If a container has not been stuffed by or on behalf of the Carrier, the Carrier shall not be liable for loss of or damage to the goods and the Merchant shall indemnify the carrier against any loss, damage, liability or expense incurred by the Carrier if such loss, damage, liability or expense has been caused by: a) The manner in which the Container has been filled, packed, loaded or stuffed, orb) The unsuitability of the Goods for carriage in the container, or c) The unsuitability or defective condition of the container, provided that, no matter the container was supplied by carrier or not, this unsuitability and defective condition could have been apparent upon inspection by the merchant at or prior to the time when the Container was filled, packed, loaded or stuffed. If a container stuffed by the shipper or other person on his behalf is delivered by the Carrier with its sealed intact, such delivery shall constitute full and complete performance of the Carrier’s obligations hereunder and the Carrier shall not be liable for any loss or shortage of the Goods ascertained at delivery The Shipper or any one on his behalf shall inspect containers before stuffing them and the use of a container shall be prima facie evidence of its being suitable and without defect.
  11. Carrier’s ResponsibilityThe Carrier’s responsibility and liability shall be governed by the laws of P. R. China. The Carrier shall not guarantee the arrival time of the Goods unless the time of delivery has been expressly agreed.
  12. .Methods and Routs of TransportationThe carrier may at any time during the carriage: (1) use any means of the transport or storage whatsoever; (2)transfer the Goods from one conveyance to another including transshipment or carrying the same on another vessel other than the vessel named on the front of this Bill of Lading or by any other means of transport whatsoever. Anything done in accordance with this Clause or any delay arising there from shall be deemed to be within the scope of the carriage and shall not be deviation.
  13. Delivery The Merchant shall take delivery of the goods within the time provided for in the Carrier’s applicable tariff or as required by the Carrier. Goods shall be deemed to be delivered when they have been handed over or placed at the disposal of the consignee or his agent in accordance with this Bill of Lading, or when the goods have been handed over to any authority or other party to whom, pursuant to the law or regulation applicable at the place of delivery, the goods must be handed over, or such other place at which the Carrier is entitled to call upon the Merchant to take delivery. If the Goods were not taken delivery of at the place of delivery or if the consignee has delayed or refused taking delivery of the goods, the Carrier shall be entitled to store the goods at the sole risk of the Merchant, and the Carrier’s liability shall cease, and the cost of such storage shall be paid by the Merchant. If at any time the carriage under this Bill of lading is or is likely to be affected by any hindrance or risk of any kind (including the condition of the goods) not arising from any fault or neglect of the carrier or a person referred to in Clause 4 and which cannot be avoided by the exercise of reasonable endeavors the Carrier may: abandon the carriage of the goods under this Bill of Lading and, where reasonable possible, place the goods or any part of them at the Merchant’s disposal at any place which the Carrier may deem safe and convenient, whereupon delivery shall be deemed to have been made, and the responsibility of the Carrier in respect of such goods shall cease. In any event, the Carrier shall be entitled to full freight under this Bill of Lading and the Merchant shall pay any additional costs resulting from the above mentioned circumstances.
  14. Merchant’s ResponsibilityThe Merchant warrants to the carrier that the Merchant has checked the particulars relating to the Goods as set forth on the front of this Bill of Lading on receipt of this Bill of Lading.  The Merchant also warrants that the Goods are lawful and are not contraband. The Merchant shall indemnify the Carrier against all liabilities, costs, losses, damages, fines, penalties, expenses or other sanctions of a monetary nature arising or resulting from any breach of the warranties above mentioned or from any other cause in connection with the Goods for which the carrier is not responsible. The Merchant shall comply with all regulations or requirements of customs, port and other Authorities, and shall bear and pay all duties, taxes, fines, imposts, expenses or losses of the Goods incurred and /or sustained by reason of any failure to so comply or by reason of any illegal, incorrect or insufficient marking numbering or addressing of the Goods. And shall indemnify the Carrier in respect thereof.
  15. Freight and Charges   Freight shall be paid without any reduction or deferment on account of any claim, counter-claim or set-off, whether prepaid or payable at destination.  Freight shall be considered as earned by the Carrier at the moment when the goods have been taken in his charge, and not to be returnedn any event.  The Merchant shall reimburse the carrier in proportion to the amount of freight for any costs for deviation or delayed or any other increase of costs of whatever nature caused by war, warlike. The Merchant shall reimburse the Carrier in proportion to the amount of freight for any costs for deviation or delay or any other increase of costs of whatever nature caused by war, warlike. The Merchant warrants the correctness of the declaration of contents, weight, measurements or value of the goods but the Carrier has the liberty to have the contents inspected and the weight, measurements or value verified.  If no such inspection it is found that the declaration is not correct it is agreed that a sum equal either to five times the difference between the correct figure and the freight charged, or to double the correct freight less the freight charged, whichever is the smaller, shall be payable as liquidated damages to the Carrier foe his inspection and losses of freight on other goods notwithstanding any other sum having been stated on this Bill of Lading as Freight –payable. Despite the acceptance by the Carrier of instruction to collect freight, charges or other expenses from any other person in respect of the transport under this Bill of Lading, the merchant shall remain responsible for such monies on receipt of evidence of demand and the absence of payment for whatever reason.
  16. Inspection of the Goods  The carrier and /or any person to whom the Carrier has sub-contracted the carriage or any person authorized by the Carrier shall be entitled, but under no obligation, to open any container or package at any time and to inspect the Goods.  If by order of the Authorities at any place, a container must be opened for inspection, the carrier shall not be liable for any loss or damage incurred as a result of any opening, unpacking, inspection or repacking.  The Carrier shall be entitled to recover the cost of such opening, Unpacking, inspection and repacking from the Merchant.
  17. Lien  The Carrier may have a lien on the goods for any amount due at or prior to the delivery of the goods to the carrier from the merchant including the freight, contribution of General Average, demurrage, storage fees and the costs of recovering it, the charges paid by the carrier on behalf of or for the interest of the merchant and all other charges shall be paid to the carrier, and may enforce such lien in any reasonable manner, which he may think fit.
  18. General Average & SalvageGeneral Average shall be adjusted at any port or place at the Carrier’s option according to the York-Antwerp Rules 1974, amended in 1994. And any other amendments thereto.  The merchant shall give such cash deposit or other security, as the Carrier may deem sufficient to cover the estimated General Average contribution of the Goods before delivery. In the event of the Master considering that salvage are needed, the Merchant agrees that the Master or the Carrier shall act on its behalf to procure such services to goods and that the Carrier may act on its behalf to settle salvage remuneration.  The Merchant shall timely and fully provide cash deposit or other security to the salver without affecting the schedule of the Vessel after the salvage, failing which the Merchant shall be liable for any losses arising there from and sustained by the Carrier.
  19. Both –To –Blame CollisionIf the carrying vessel comes into collision with another ship as a result of the negligence of the other ship and any act, neglect or default in the navigation or the management of the carrying vessel, the owners of the goods carried hereunder undertakes to indemnify the Carrier against all loss or liability to the other or non-carrying vessel or her owner is so far as such loss or liability represents loss of or damage to or any claim whatsoever of her owners of said goods paid or payable by the other or non-carrying vessel or her owners as part of their claim against the carrying vessel or carrier. The foregoing provision shall also apply where the owner, operators or those in charge of any vessel or vessel or objects other than, or in addition to, the colliding vessels or objects are at fault in respect of a collision, contact stranding or other accident.
  20. New Jason ClauseIn the event of accident, danger, damage or disaster before or after the commencement of the voyage resulting from any cause whatsoever, whether due to negligence or not, for which, or for the consequences of which, the Carrier is not responsible by Statute, contract or otherwise, the Goods and the Merchant jointly and severally shall contribute with the Carrier in General Average to the payment of any sacrifices, losses or expenses of a General Average nature that may be made or incurred and shall pay salvage and special charges incurred in respect of the Gods.  If a salving ship is owned or operated by the Carrier, Salvage shall be paid for as fully as if the salving ship belonged to strangers.
  21. Local Clause With respect to the Goods carried from the United States of America, notwithstanding any other term hereof, this Bill of Lading shall have effect subject the provisions of the Carriage of Goods by Sea Act of United States of America, 1936.