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提单背面条款-NOVCC

1.DEFINITIONS

Carrier means the Company stated on the face of this Bill of Lading.

Merchant includes the shipper, Consignee, the Holder of this Bill of Lading, any person owning or entitled to the possession of the Goods or this Bill of Lading.

Goods includes the cargo supplied by the Merchant and includes any Container not supplied by or on behalf of the carrier. Container includes any container, trailer, transportable tank, lift van, flat, pallet or any similar article of transport used to consolidate goods.

Multimodal transport means carrier undertakes to transport the Goods against the payment of freight for the entire transport from the place where the Goods were received in his charge to the destination and to deliver them to the consignee by two or more different modes of transport, one of which being sea carriage. Port to Port Shipment arises where the Place of Receipt and the Place of Delivery are not indicated on the front of this Bill of Lading or if both the Place of Receipt and the Place of Delivery indicated are ports and the Bill of Lading does not in the nomination of the Place of Receipt or the Place of delivery on the front hereof specify and place or spot within the area of the port so nominated.

Charges includes freight and all expenses and money obligations incurred and payable by the Merchant.

2.Applicability

Notwithstanding this is the Multimodal Transport B/L, it shall also apply if only carriage of goods by sea is used.

3.Jurisdiction and Applicable Law

Any dispute arising under and/or in connection with this B/L shall be determined by the law of the People’s Republic of China and any action under and/or in connection with the B/L shall be brought before the Maritime Court in the People’s Republic of China.

4.Carrier’S TARIFF

The provisions of the carrier’s applicable Tariff, if any, are incorporated herein.

Copies of such provisions are obtainable from the carrier or his agents upon request or, where applicable, from a government body with whom the Tariff has been filed. In the case of inconsistency between this Bill of Lading and the applicable Tariff, this Bill of Lading shall prevail.

5.WARRANTY

The Merchant warrants that in agreeing to the terms hereof he is or is the agent of and has the authority of the person owning or entitled to the possession of the Goods or any person who has a present or future interest in the Goods.

6.CERTAIN RIGHTS AND IMMUNITIES FOR THE carrier AND OTHER PERSONS

(1)The carrier shall be entitled to sub-contract on any terms the whole or any part of the Carriage.

(2) The Merchant shall defend, indemnify and hold harmless the carrier against any claim or liability (and any expense arising therefrom) arising from the Carriage of the Goods insofar as such claim or liability exceeds the carrier’s liability under this Bill of Lading.

(3) The defences and limits of liability provided for in this Bill of Lading shall apply in any action against the carrier whether the action be found in Contract or in Tort

7.Carrier’S RESPONSIBILITY

(1)PORT TO PORT SHIPMENT

The responsibility of the carrier is limited to that part of the Carriage from and during loading onto the vessel up to and during discharge from the vessel and the carrier shall not be liable for any loss or damage whatsoever in respect of the Goods or for any other matter arising during any other part of the Carriage even though Charges for the whole Carriage have been charged by the carrier. The Merchant constitutes the carrier as agent to enter into contracts on behalf of the Merchant with others for transport, storage, handling or any other services in respect of the Goods prior to loading and subsequent to discharge of the Goods from the vessel without responsibility for any act or omission whatsoever on the part of the carrier or others and the carrier may as such agent enter into contracts with others on any terms whatsoever including terms less favourable than the terms in this Bill of Lading.

(2)MULTIMODAL TRANSPORT

Save as is otherwise provided in this Bill of Lading, the carrier shall be liable for loss of or damage to the Goods occurring from the time that the Goods are taken into his charge until the time of delivery to the extent set out below:

(A) Where the stage of Carriage where the loss or damage occurred cannot be proved, the carrier shall be entitled to rely upon all exclusions of liability under the Rules or legislation that would have applied the loss or damage occurred at sea. (B) Where the stage of Carriage where the loss or damage occurred can be proved: (i) The liability of the carrier shall be determined by the provisions contained in any international convention or national law of the country which provisions: (a) Cannot be departed from by private contract to the detriment of the Merchant, and (b) Would have applied if the Merchant had made a separate and direct contract with the carrier in respect of the particular stage of Carriage where the loss or damage occurred and had received as evidence thereof any particular document which must be issued in order to make such international convention or national law applicable; (ii) With respect to the transportation in the United States of America or in Canada to the Port of Loading or from the Port of Discharge, the responsibility of the carrier shall be to procure transportation by carriers (one or more) and such transportation shall be subject to the inland carriers’ contracts of carriage and tariffs and any law compulsorily applicable. The carrier guarantees the fulfilment of such inland carriers’obligations under their contracts and tariffs; (iii) Where neither (i) or (ii) above apply, any liability of the carrier shall be determined by 7(2)(A) above.

(3) GENERAL PROVISIONS

(A) Delay Consequential Loss

Save as otherwise provided herein, the carrier shall in no circumstances be liable for direct, indirect or consequential loss or damage caused by delay or any other cause whatsoever and howsoever caused. Without prejudice to the foregoing, if the carrier is found liable for delay, liability shall be limited to the freight applicable to the relevant stage of the transport.

(B) Package or Shipping Unit Limitation

The carrier’s liability for the loss of or damage to the Goods shall be limited to an amount equivalent to 666.67 Units of Account per package or other shipping unit, or 2 Units of Account per kilogramme of the gross weight of the Goods lost or damaged, whichever is the higher, except where the nature and value of the Goods had been declared by the shipper before shipment and inserted in the bill of lading, or where a higher amount that the amount of limitation of liability set out in this Article had been agreed upon between the carrier and the Shipper.

Where a container, pallet or similar article of transport is used to consolidate goods, the number of packages or other shipping units enumerated in the bill of lading as packed in such article of transport shall be deemed to be the number of packages or shipping units. If not so enumerated, the Goods in such article of transport shall be deemed to be one package or one shipping unit. Where the article of transport is not owned or furnished by the carrier, such article of transport shall be deemed to be one package or one shipping unit.

The carrier’s liability may be increased to a higher value by a declaration in writing of the value of the Goods by the shipper upon delivery to the carrier of the Goods for shipment, such higher value being inserted on the front of this Bill of Lading in the space provided and, if required by the carrier, extra freight paid. In such case, if the actual value of the Goods shall exceed such declared value, the value shall nevertheless be deemed to be the declared value and the carrier’s liability, if any, shall not exceed the declared value and any partial loss or damage shall be adjusted pro rata on the basis of such declared value.

(D) Definition of Package or Shipping Unit.

Where a Container is used to consolidate Goods and such Container is stuffed by the carrier, the number of packages or shipping units stated on the face of this Bill of Lading in the box provided shall be deemed the number of packages or shipping units for the purpose of any limit of liability per package or shipping unit provided in any international convention or national law relating to the carriage of Goods by sea. Except as aforesaid the Container shall be considered the package or shipping unit. The words “shipping unit” shall mean each physical unit or piece of Cargo not shipped in a package, including articles or things of any description whatsoever, except Goods shipped in bulk, and irrespective of the weight or measurement unit employed in calculating freight charges. As to Goods shipped in bulk, the limitation applicable thereto shall be the limitation provided in such convention or law which may be applicable, and in no event shall anything herein be construed to be a waiver of limitation as to Goods shipped in bulk.

(E) Rust, etc.

It is agreed that superficial rust, oxidation or any like condition due to moisture, is not a condition of damage but is inherent to the nature of the Goods and acknowledgement of receipt of the Goods in apparent good order and condition is not a representation that such conditions of rust, oxidation or the like did not exist on receipt.

(F) Notice of Loss or Damage.

The carrier shall be deemed prima facie to have delivered the Goods as described in this Bill of Lading unless notice of loss of, or damage to, the Goods, indicating the general nature of such lost or damage, shall have been given in writing to the carrier or to his representative at the place of delivery before or at the time of 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 is not apparent, within three consecutive days thereafter.

(G) Time-bar.

The carrier shall be discharged of all liability unless suit is brought in the proper forum and written notice thereof received by the carrier within nine months after delivery of the Goods or the date when the Goods should have been delivered. In the event that such time period shall be found contrary to any convention or law compulsorily applicable. the period prescribed by such convention or law shall then apply but in that circumstance only.

8.MERCHANTS RESPONSIBILITY

(1) The description and particulars of the Goods set out on the face hereof are furnished by the Merchant and the Merchant warrants to the carrier that the description and particulars including, but not limited to, of weight, content, measure, quantity, quality, condition, marks, numbers and value are correct.

(2) The Merchant shall comply with all applicable laws, regulations and requirements of customs, port and other authorities and shall bear and pay all duties, taxes, fines, imposts, expenses and losses incurred or suffered by reason thereof or by reason of any illegal, incorrect or insufficient marking, numbering or addressing of the Goods.

(3) The Merchant undertakes that the Goods are packed in a manner adequate to withstand the ordinary risks of Carriage having regard to their nature and in compliance with all laws, regulations and requirements which may be applicable.

(4) No Goods which are or may become dangerous, inflammable or damaging or which are or may become liable to damage any property or person whatsoever shall be tendered to the carrier for Carriage without the carrier’s express consent in writing and without the Container or other covering in which the Goods are to be transported and the Goods being distinctly marked on the outside so as to indicate the nature and character of any such articles and so as to comply with all applicable laws, regulations and requirements. If any such articles are delivered to the carrier with such written consent and marking or if in the opinion of the carrier the articles are or are liable to become of a dangerous, inflammable or damaging nature, the same may at any time be destroyed, disposed of, abandoned, or rendered harmless without compensation to the Merchant and without prejudice to the carrier’s right to Charges. (5) The Merchant shall be liable for the loss, damage, contamination, soiling, detention or demurrage before, during and after the Carriage of property (including, but not limited to, Containers) of the carrier or any person or vessel (other than the Merchant) referred to in 8(2) above caused by the Merchant or any person acting on his behalf or for which the Merchant is otherwise responsible.

(6) The Merchant shall defend, indemnify and hold harmless the carrier against any loss, damage, claim, liability or expense whatsoever arising from any breach of the provisions of this clause 10 or from any cause in connection with the Goods for which the carrier is not responsible.

9.CONTAINERS

(1) Goods may be stuffed by the carrier in or on Containers and Goods may be stuffed with other Goods.

(2) The terms of this Bill of Lading shall govern the responsibility of the carrier in connection with or arising out of the supply of a Container to the Merchant, whether supplied before or after the Goods are received by the carrier or delivered to the Merchant.

(3) If a container has been stuffed by or on behalf of the Merchant;

(A) the carrier shall not be liable for loss of or damage to the Goods

(i) caused by the manner in which the Container has been stuffed;

(ii) caused by the unsuitability of the Goods for Carriage in Containers;

(iii) caused by the unsuitability or defective condition of the Container provided that where the Container has been supplied by or on behalf of the carrier, this paragraph (iii) shall only apply if the unsuitability or defective condition arose (a) without any want of due diligence on the part of the carrier or (b) would have been apparent upon reasonable inspection by the Merchant at or prior to the time when the Container was stuffed; (iv) if the Container is not sealed at the commencement of the Carriage except where the carrier has agreed to seal the Container.

(B) the Merchant shall defend, indemnify and hold harmless the carrier against any loss, damage, claim, liability or expense whatsoever arising from one or more of the matters covered by (A) above.

(4) Where the carrier is instructed to provide a Container, in the absence of a written request to the contrary, the carrier is not under an obligation to provide a Container of any particular type or quality.

10. TEMPERATURE CONTROLLED CARGO

(1) The Merchant undertakes not to tender for transportation any Goods which require temperature control without previously giving written notice (and filling in the box on the front of this Bill of Lading if this Bill of Lading has been prepared by the Merchant or a person acting on his behalf) of their nature and particular temperature range to be maintained and in the case of a temperature controlled Container stuffed by or on behalf of the Merchant further undertakes that the Container has been properly precooled, that the Goods have been properly stuffed in the Container and that its thermostatic controls have been properly set by the Merchant before receipt of the Goods by the carrier. If the above requirements are not complied with the carrier shall not be liable for any loss of or damage to the Goods caused by Such non compliance.

(2) The carrier Shall not be liable for any loss of or damage to the Goods arising from defects, derangement, breakdown, stoppage of the temperature controlling machinery, plant, insulation or any apparatus of the Container, provided that the carrier shall before or at the beginning of the Carriage exercise due diligence to maintain the refrigerated Container in an efficient state.

11. INSPECTION OF GOODS

The carrier 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.

12. MATTERS AFFECTING PERFORMANCE

(1) If at any time the Carriage is or is likely to be affected by any hindrance, risk, delay, difficulty or disadvantage of any kind (including the condition of the Goods), whensoever and howsoever arising (whether or not the Carriage has commenced) the carrier may:

(A) without notice to the Merchant abandon the Carriage of the Goods and where reasonably 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 the responsibility of the carrier in respect of such Goods shall cease;

(B) without prejudice to the carrier’s right subsequently to abandon the Carriage under (A) above, continue the Carriage. In any even the carrier shall be entitled to full Charges on Goods received for Carriage and the Merchant shall pay any additional costs resulting from the above mentioned circumstances. (2) The liability of the carrier in respect of the Goods shall cease on the delivery or other disposition of the Goods in accordance with the orders or recommendations given by any government or authority or any person acting or purporting to act as or on behalf of such government or authority.

13. METHODS AND ROUTE OF TRANSPORTATION

(1) The carrier may at any time and without notice to the Merchant: use any means of transport or storage whatsoever; load or carry the Goods on any vessel whether named on the front hereof or not; transfer the Goods from one conveyance to another including transshipping or carrying the same on another vessel than that named on the front hereof or by any other means of transport whatsoever; at any place unpack and remove Goods which have been stuffed in or on a Container and forward the same in any manner whatsoever; proceed at any speed and by any route in his discretion (whether or not the nearest or most direct or customary or advertised route) and proceed to or stay at any place whatsoever once or more often and in any order; load or unload the Goods from any conveyance at any place (whether or not the place is a port named on the front hereof as the intended Port of Loading or intended Port of Discharge); comply with any orders or recommendations given by any government or authority or any person or body acting or purporting to act as or on behalf of such government or authority or having under the terms of the insurance on the conveyance employed by the carrier the right to give orders or directions; permit the vessel to proceed with or without pilots, to tow or be owed or to be dry-docked; permit the vessel to carry livestock, Goods of all kinds, dangerous or otherwise, contraband, explosives, munitions or warlike stores and sail armed or unarmed.

(2) The liberties set out in (1) above may be invoked by the carrier for any purposes whatsoever whether or not connected with the Carriage of the Goods. Anything done in accordance with (1) above or any delay arising therefrom shall be deemed to be within the contractual Carriage and shall not be a deviation of whatsoever nature or degree.

14. DECK CARGO (AND LIVESTOCK)

(1) Goods of any description whether containerised or not may be stowed on or under deck without notice to the Merchant and such stowage shall not be a deviation of whatsoever nature or degree. Subject to (2) below, such Goods whether carried on deck or under deck shall participate in General Average and such Goods (other than livestock) shall be deemed to be within the definition of Goods.

(2) Goods (not being Goods stuffed in or on Containers other than open flats or pallets) which are stated on the front of this Bill of Lading to be carried on deck and which are so carried and livestock, (whether or not carried on deck) are carried without responsibility on the part of the carrier for loss or damage of whatsoever nature arising during carriage by sea or inland waterway whether caused by unseaworthiness or negligence or any other cause whatsoever. The Merchant shall defend, indemnify and hold harmless the carrier against all and any extra cost incurred for any reason whatsoever in connection with carriage of such livestock.

15. DELIVERY OF GOODS

If delivery of the Goods or any part thereof is not taken by the Merchant at the time and place when and where the carrier is entitled to call upon the Merchant to take delivery thereof, the carrier shall be entitled without notice to remove from a Container the Goods or that part thereof if stuffed in or on a Container and to store the Goods or that part thereof ashore, afloat, in the open or under cover at the sole risk and expense of the Merchant, Such storage shall constitute due delivery hereunder, and thereup-on the liability of the carrier in respect of the Goods or that part thereof shall cease.

16. BOTH-TO-BLAME COLLISION

If the vessel on which the Goods are carried (the carrying vessel) comes into collision with any other vessel or object (the non-carrying vessel or object) as a result of the negligence of the non-carrying vessel or object or the owner of, charterer of or person responsible for the non-carrying vessel or object, the Merchant undertakes to defend, indemnify and hold harmless the carrier against all claims by or liability to (and any expense arising therefrom) any vessel or person in respect of any loss of, or damage to, or any claim whatsoever of the Merchant paid or payable to the Merchant by the non-carrying vessel or object or the owner of, charterer of or person responsible for the non-carrying vessel or object and set-off, recouped or recovered by such vessel, object or person(s) against the carrier, the carrying vessel or her owners or charterers.

17. GENERAL A VERAGE

(1) The carrier may declare General Average which shall be adjustable according to the York/Antwerp Rules of 1974 at any place at the option of the carrier and the Amended Jason Clause as approved by BIMCO is to be considered as incorporated herein and the Merchant shall provide such security as may be required by the carrier in this connection.

(2) Notwithstanding (1) above, the Merchant shall defend, indemnify and hold harmless the carrier in respect of any claim (and any expense arising there from) of a General Average nature which may be made on the carrier and shall provide such security as may be required by the carrier in this connection.

(3) The carrier shall be under no obligation to take any steps whatsoever to collect Security for General Average contributions due to the Merchant.

18. CHARGES

(1) Charges shall be deemed fully earned on receipt of the Goods by the carrier and shall be paid and non-returnable in any event.

(2) The Charges have been calculated on the basis of particulars furnished by or on behalf of the Merchant. The carrier shall be entitled to production of the commercial invoice for the Goods or true copy thereof and to inspect, reweigh, remeasure and revalue the Goods and if the particulars are found by the carrier to be incorrect the Merchant shall pay the carrier the correct Charges (credit being given for the Charges charged) and the costs incurred by the carrier in establishing the correct particulars.

(3) All Charges shall be paid without any set-off, counter-claim, deduction or stay of execution.

19. LIEN

The carrier shall have a lien on Goods and any documents relating thereto for all sums whatsoever due at any time to the carrier from the Merchant and for General Average contributions to whomsoever due and for the costs of recovering the same and the carrier shall have the right to sell the Goods and documents by public auction or private treaty, without notice to the Merchant and at the Merchant’s expense and without any liability towards the Merchant.

20. V ARIATION OF THE CONTRACT

No servant or agent of the carrier shall have power to waive or vary any of the terms hereof unless such waiver or variation is in writing and is specifically authorised or ratified in writing by a director or officer of the carrier who has the actual authority of the carrier to waive or vary.

21. PARTIAL INV ALIDITY

If any provision in this Bill of Lading is held to be invalid or unenforceable by any Court or regulatory or self regulatory agency or body, such invalidity or unenforceability shall attach only to such provision. The validity of the remaining provisions shall not be affected thereby and this Bill of Lading contract shall be carried out as if such invalid or unenforceable provision were not contained herein.

空运提单的背面条款及其依据

空运提单的背面条款及其依据提单的背面条款及其依据：在全式(LONGTERM)正本提单的背面，列有许多条款，其中主要有：定义条款(DEFINITIONCLAUSE)--主要对“承运人”，“托运人”等关系人加以限定。管辖权条款(JURISDICTIONCLAUSE)--指出当提单发生争执时，按照法律，某法院有审理和解决案件的权利。责任期限条款(DURATIONOFLIABILLITY)--一般海运提单规定承运人的责任期限从货物装上船舶起至卸离船舶为止。集装箱提单则从承运人接受货物至交付指定收货人为止。包装和标志(PACKAGESANDMARKS)--要求托运人对货物提供妥善包装和正确清晰的标志。如因标志不清或包装不良所产生的一切费用由货方负责。运费和其他费用(FREIGHTANDOTHERCHARGES)--运费规定为预付的，应在装船时一并支付，到付的应在交货时一并支付。当船舶和货物遭受任何灭失或损失时，运费仍应照付，否则，承运人可对货物及单证行使留置权。自由转船条款(TRANSHIPMENTCLAUSE)--承运人虽签发了直达提单，但由于客观需要仍可自由转船，并不须经托运人的同意。转船费由承运人负担，但风险由托运人承担，而承运人的责任也仅限于其本身经营的船舶所完成的那段运输。错误申报(INACCURACYINPARTICULARSFURNISHEDBYSHIPPER)--承运人有权在装运港和目的港查核托运任申报的货物数量，重量，尺码与内容，如发现与实际不符，承运人可收取运费罚款。承运人责任限额(LIMITOFLIABILITY)--规定承运人对货物灭失或损坏所造

海运单和提单的区别

海运单与提单的区别海运单(SeaWaybill)，又称海上运送单或海上货运单，它是"承运人向托运人或其代理人表明货物已收妥待装的单据，是一种不可转让的单据，即不须以在目的港揭示该单据作为收货条件，不须持单据寄到，船主或其代理人可凭收货人收到的货到通知或其身份证明而向其交货"(引自1978年9月联合国欧洲经济委员会《Recommendation》) 海运单与提单的区别和联系 1、提单是货物收据、运输合同、也是物权凭证，海运单只具有货物收据和运输同这两种性质，它不是物权凭证。 2、提单可以是指示抬头形式，通地背书流通转让：海运单是一种非流能性单据，海支单上标明了确定的收货人，不能转让流通。 3、海运单和提单都可以作成"已装船(Shippedonboard)形式，也可以是"收妥备运"(Receivedforshipment)形式。海运单的正面积各栏目格式和缮制方法与海运单提单基本相同，只是海运单收货人栏不能做成指示性抬头应缮制确定的具体收货人。 4、提单的合法持有人和承运人凭提单提货和交货，海运单上的收货人并不出示海运单，仅凭提货通知或其身份证明提货，承运人凭收货人出示适当身份证明交付货物。 5、提单有全式和简式提单之分，而海运单是简式单证，背面不列详细货运条款但载有一条可援用海运提单背面内容的条款。 6、海运单和记名提单(StraightB/L)，虽然都具名收货人，不作背书转让，但它们有着本质的不同，记名提单属于提单的一种，是物权凭证，持记名提单，收货人可以在提货却不能凭海运单提货。使用海运单的好处海运单仅涉及托运人、承运人、收货人三方，程序简单，操作方便，有利于货物的转移。首先，海运单是一种安全凭证，它不具有转让流通性，可避免单据遗失和伪造提单所产生的后果。其次，提货便捷、及时、节省费用，收货人提货无须出示海运单，这既解决了近途海运货到而提单未到的常见问题，又避免了延期提货所产生的滞期费、仓储费等。再次，海运单不是物权凭证，扩大海运单的使用，可以为今后推行EDI电子提单提供实践的依据和可能。海运单的使用 1、跨国公司的总分公司或相关的子公司间的业务往来。 2、在赊销或双方买方付款作为转移货物所有以的前提条件，提单已失去其使用意义。 3、往来已久，充分信任，关系密切的伙伴贸易间的业务/ 4、无资金风险的家用的私人物品，商业价值的样品。 5、在短途海运的情况下，往往是货物先到而提单未到，宜采用海运单。海运单的不足及解决办法海运单在实践中也存在着一些问题，为此，国际海事委员会制订并通过了《海运单统一规则》。

海运提单条款翻译

Received in apparent good order and condition unless otherwise indicated herein, the goods, or the container(s) o package(s) said to contain the goods described herein for transportation from the place of receipt or the port of loading to the place of delivery or the port of discharge to be carried subject to the terms and conditions hereof. One of the original bill of lading duly endorsed must be surrendered in exchange for the goods or delivery order. In accepting this bill of lading, the merchant agrees to be bound by all the stipulations, exceptions, terms and conditions on the face and back hereof. Whether written, typed, stamped or printed as fully as if signed by the merchant any local custom or privilege to the contrary notwithstanding. In witness whereof the number of original bills of lading stated below have been signed, one of which being accomplished the other(s) to be void. See terms on reverse 承运人已收到符合提单规定的表面状况良好的货物（除本提单另有说明），此货物为承运人接收运输货物一栏所示的全部货物或据称内装相应货物的集装箱或其它货物包装，将从货物接收地或装船港运往卸货港或货物交付地并受本提单的所有条款之约束。货方必须向承运人提交一份经适当背书的正本提单，以换取货物或提货单。货方接受本提单，即意味着明确接受并同意（如同已签署）本提单正面与背面的所有条款与条件，不论是手写、打印、签章或是印刷的，即使有与此相反的当地习惯和特权也不例外。兹证明承运人或其代理人已按本提单底部所示的提单份数签发提单，等其中一份正本完成提货任务后，其它各份提单即行失效。提单条款续背页 Received in apparent good order and condition except as otherwise noted the total number of containers of packages or units enumerated below (*) for transportation from the place of receipt to the place of delivery subject to the terms hereof. One of the original bill of lading must be surrendered duly endorsed in exchange for the goods or delivery order. On presentation of this document (duly endorsed) to the carrier by or on behalf of the holder, the rights and liabilities arising in accordance with the terms hereof shall (without prejudice to any rule of common law of statute rendering them binding on the merchant) become binding in all respects between the carrier and the holder as though the contract evidenced hereby had been made between them. In witness whereof the number of original bills of lading stated below have been signed one of which being accomplished the others to be void. See terms on reverse 兹收到外表状况和条件良好（除本提单另有说明）的下述总数集装箱或其他包装或单位的货物，依据本提单所列条款和条件，从收货地运往交货地。货方必须向承运人提交一份经适当背书的正本提单，以换取货物或提货单。提单持有人或其代表向承运人提交经背书的提单时，依照本提单条款的条件而产生的权利和义务，在不损害普通法或成文法中约束货方的任何规定的条件下，将使本提单持有人和承运人之间的各方面受其约束，如同提单持有人和承运人之间已签订了本提单所证明之契约。兹证明承运人或其代理人已按本提单底部所示的提单份数签发提单，等其中一份正本完成提货任务后，其它各份提单即行失效。提单条款续背页 1 / 1

中远COSCO集装箱提单背面条款(中英文)

中远COSCO集装箱提单背面条款(中文) 中远集团提单背面条款 1. DEFINITIONS 定义 “承运人”（CARRIER）是指“中远集运”，即中远集装箱运输有限公司。 “货方”（MERCHANT）包括发货人、托运人、收货人、受货人、货主、本提单的合法持有人或被背书人，或与货物或本提单具有现时或未来利益关系的任何人，或被授权代表前述任何一方行事的任何人。 “船舶”按有关上下文情况，包括本提单第6栏所列船舶或其替代船舶，以及承运人或代表承运人于全部运程中的海运阶段所使用的任何支线船或驳船。 “分立契约人”（SUB-CONTRACTOR）包括（除承运人以外的）船舶所有人及经营人，装卸工人，码头、仓库、集装箱储运站经营人及拼箱经营人，公路及铁路运输经营人，及承运人雇佣的用以进行运输的任何独立订约人，以及其小分立契约人（SUB-SUB-CONTRACTOR）。分立契约人一词应包括直接及间接分立契约人及其各自的受雇人、代理人或分立契约人。 “货物”（GOODS）是指自货方收到的全部货物或其任何部分，并包括非由承运人或其代表提供的任何集装箱。“件”是指由货方或其代表装载并铅封的每一集装箱，而不是在集装箱中所装的货物件数，如果此项件数未在本提单正面列明，或者是用“据称内装”或类似词句列明。 “装运单位”（SHIPPING UNIT）是指未以包件运输的任何一个具体单位的货物，包括机械、车辆及船只，但散装货物除外。 “集装箱”（CONTAINER）包括任何集装箱，如开顶集装箱、拖车、可运油罐、框架箱、平板箱、货盘，以及为运输货物而使用的任何其他设备或设施。本条作为定义条款，用以说明、规定本提单条款中经常出现的一些名词，以便明确在为提单所证明或构成的运输合同中所代表的概念、避免理解上的差异。有关承运人的定义与提单正面的抬头和承运人签单部位的落款相对应，符合《跟单信用证统一惯例500》对提单签发的要求。本提单所构成或证明运输合同中的承运人仅指中远集运、而非任何其他相关的契约承运人、实际承运人，这样避免了当存在几个运输合同时发生混淆。另外还应指出的是承运人被定义为‘中远集运’（COSCO CONTAINER LINES.），虽然中远集装箱运输有限公司的英文正式名称为COSCO CONTAINER LINES COMPANY LIMITED, 但是我们这里仅使用其商业名称(TRADE NAME)。关于货方的定义将发货人、托运人、收货人、受货人、货主、本提单的合法持有人或受背书人，或与货物或本提单具有现时或未来利益关系的任何人，或被授权代表前述任何一方行事的任何人纳入运输合同中与承运人相对应的货方，符合提单流转的需要，保护了船货双方共同的权益，便于双方根据运输合同解决纠纷。关于‘件’的定义是与提单正面的‘不知条款’相对应的，同时也是为适应海商法有关承运人单件责任限制规定的需要。即除非提单上已显示了货物件数或者表明了?据称内装?等类似词句，否则由货方装箱的一个集装箱将作为一件计算，这是因为承运人在接受整箱货时是无法核实货物件数，同时整箱货的运费比拼箱货按件数、重量、体积等单位计收的运费低廉。 *本条款中各项定义也适用于条款注释中出现的相关名词。 2. CARRIER\'S TARIFF 承运人的运价本承运人所使用的运价本中的条款以及有关费收的其他要求等项，已被载入本提单。请特别注意运价本中所载各项条款，包括但不限于免费堆存期、集装箱及车辆滞留期等。使用的运价本的有关条款，可向承运人或其代理人索取。如本提单与所用运价本之间有不一致之处，应以本提单为准。本条是用以说明承运人运价本的作用。提单正面、背面条款内容虽然十分丰富，但毕竟是固定的格式，不可能经常更改；而且运输合同项下各项费用的收取，结算的依据往往要与具体港口的特殊要求相对应，或者随着市场的变化而变化，所以承运人用运价本的形式对此作出规定。根据本条款将运价本中的条款并入提单并约束运输合同的各方。 3. SUB-CONTRACTING, INDEMNITY AND CERTAIN DEFENSES, EXEMPTIONS AND LIMITATIONS分立契约、赔偿以及抗辩、免除事项及责任限制 (1)承运人有权在任何时间以任何条件将运输的全部或其任何部分同任何分立契约人订立分立契约，并（或）以任何其他船舶或运输工具代替本船。货方保证，不向承运人以外的由其履行或承办运输的任何人（包括但不限于承运人的受雇人、代理人或分立契约人）就货物或货物运输一事而提起向其或其所拥有或经营的任何船舶加诸或意欲加诸任何责任的索赔或任何法律诉讼，不论此项责任是否由于此种人的疏忽而引起。如果，即使如此，此项索赔或法律诉讼仍被提起，则货方保证就由此引起的后果包括法律费用，全部赔偿承运人。在不防碍上述规定的情况下，上述第(1)款所述每一个人或船舶，包括但不限于承运人的受雇人、代理人或分立契约人，都应享有本提单所载适用于承运人的在涉及合同或侵权事件中的每一免除事项、抗辩及责任限制，犹如此种条款已为其利益而明文规定，而且在订立本提单时，就上述免除事项、抗辩及责任限制而言，承运人不仅代表其本身，而且也是作为上述的人或船舶的代理人或受托人. 本条就是通常所说的‘喜马拉雅条款’，是提单必须包括的标准条款，其效力也已为海商法、海牙-维斯比规则确认。本条款主要说明承运人的雇佣人在代表承运人履行承运人的部分或全部义务时同样受提单条款的约束和保护。由于索赔方与承运人的雇佣人或代理人没有合同关系，所以索赔方往往会绕过运输合同直接向第三人提起侵权之

CONGENBILL'94 背面条款中文译意

CONGENBILL\'94 背面条款中文译意提单与租约并用范本名称："康金提单"1994年版由波罗的海国际航运公会选定运输条件（1）所有背面所示日期的租约的条款和条件，自由和免责，包括法律适用和仲裁条款并入本提单。（2）首要条款（a）起运国订立的1924年布鲁塞尔关于统一提单若干法律规定的国际公约所包含的海牙规则知用于本提单。在起运国没有这种法规时，目的地国的相应法规应当适用，但对于没有此种法规强制适用的运输应当适用前述公约的条款。（b）海牙-维斯比规则适用的运输对于海牙-维斯比规则，即，1968年2月23日签署的议定书修正的1924年布鲁塞尔国际公约，强制适用的运输，相应法规的条款适用本提单。（c）承运人对于装船前和卸船后或货物处于另一承运人掌管时发生的损坏或灭失不负责任，承运人对于甲板货或活动物的损失不负责任。（3）共同海损共同海损应当按照1994年约克安特卫普规则或其后的修正规则在伦敦宣布、理算和解决，除非在租约中约定了另外一地点。货方的共同海损分摊应当支付给承运人，即使这种损失是船长、引航员或船员的过错、过失或错误造成的。租船人，托运人和收货人明确否定比利时商事法第二章第148条规定。（4）新杰逊条款如果在航次开始之前或之后，由于无论是疏忽与否任何原因引起意外事故、危险、损坏或灾难，而根据法令、合同或其他规定，承运人对此类事件或此类事件的后果都不负责，则货物托运人、收货人或货物所有人应在共同海损中与承运人一起分担可能构成或可能发生的具有共同海损性质的牺牲、损失或费用，并应支付有关货物方面所发生的救助费用和特殊费用。如果救助船舶为承运人所有或由其经营，则其救助费应犹如该救助船系第三者所有一样金额支付。承运人或其代理人认为足以支付货物方面的预计分摊款额及其救助费用和特殊费用的保证金，如有需要，应由货方、托运人、收货人或货物所有人在提货之前付给承运人。（5）双方有责碰撞条款如果船舶由于他船疏忽以及本船船长、船员、引航员或承运人的受雇人在驾驶或管理船舶中的行为、疏忽或不履行职责而与他船碰撞，则本船的货物所有人应就他船亦即非本船货物所有人所载货物的船舶或该船舶所有人所受一切损失或所负一切赔偿责任，给予本船承运人赔偿。但此种赔偿应以上述损害或责任是指已由或应由他船亦即非本船货物所有人所载货物的船舶或该船舶所有人付予上述货物所有人所受货物灭失或损害或其提出的任何要求的数额为限，并由他船亦即非本船货物所有人所载货物的船舶作为其向载货船舶或承运人提出索赔的一部分，将其充抵，补偿或收回。上述规定在非属碰撞船舶或物体的，或在碰撞船舶之外的任何船舶的所有人，经营人或主管人，在碰撞、触碰、搁浅或其他事故中犯有过失时，亦应适用。 Conditions of Carriage

第八章海运提单教案汇总

第八章海运提单 [学习目的]了解海运提单的基本含义及其在外贸业务中的作用，掌握海运提单的缮制技巧，理解海运提单的基本内容。 [计划学时]三讲6学时 [重点与难点] 重点：海运提单的基本内容难点：海运提单的缮制技巧。 [教学方法]案例导课，分析引出内容，强调海运提单的外贸单证业务中的重要性，课堂精讲。布置作业两次，并批改。 [教学手段与教具]教学大纲、教案、教材和其他相关教材，单据模板。 [教学过程设计] 第一讲（2个课时）第一节海运委托书第二节海运提单理论概述第二讲（2个课时）第三节海运提单的主要内容及条款解析第四节海运提单的缮制第三讲（2个课时）

第五节实训指导布置作业：本章节的作业形式：纸制作业第一节海运委托书一、海运委托书的含义何谓海运委托书海运委托书又叫托运单（Booking Note），是托运人根据贸易合同和信用证条款内容填制的，向承运人或其代理办理货物托运的单证，也是船公司缮制提单的主要依据。提问：1、哪一方缮制海运委托书？ 2、海运委托书能证明什么？二、海运委托书缮制样本 1、海运委托书的内容参照书中海运委托书样本，解释海运委托书个项目内容。2、海运委托书缮制解释海运委托书个项目内容缮制依据。三、租船订舱业务流程结合书中租船订舱业务流程图，说明租船订舱业务过程。

第二节海运提单理论概述一海运提单的含义海运提单（MARINE BILL OF LADING或OCEAN BILL OF LADING），简称“提单”（B/L），是由承运人或其授权的代理人签发给托运人，表明已将特定的货物装上船并经海洋运至目的地的收据和物权凭证。二、海运提单的作用 1、货物收据海运提单是承运人或其代理人签发的货物收据（Receipt for the Goods），确认承运人已经按海运提单所列内容收到货物。提单一经承运人签发，即表明承运人已将货物装上船舶或已确认接管。 2、物权凭证海运提单的合法持有人凭海运提单可在目的港向轮船公司提取货物，也可以在载货船舶到达目的港之前，通过转让海运提单而转移货物所有权或凭以向银行办理抵押货款。 3、运输契约的证明海运提单是托运人和承运人之间的运输契约的证明（Evidence of Contract of Carrier），是承运人与托运人处理双方在运输中的权利和义务问题的主要依据。

提单条款协议(协议范本)

( 协议范本 ) 甲方：乙方：日期：年月日精品合同 / Word文档 / 文字可改提单条款协议(协议范本) The clear rights and obligations of both parties facilitate the cooperation of both parties, provide a basis for resolving disputes in the future, and prevent possible risks.

提单条款协议(协议范本) 提单条款（正面）上列外表状况良好的货物（另有说明者除外）已装在上列船上并应在上列卸货港或该船所能安全到达并保持浮泊的附近地点卸货。重量、尽码、标志、号数、品质、内容和价值是托运人所提供的，承运人在装船时并未核对。托运人、收货人和本提单的持有人兹明白表示接受并同意本提单和它背面所载的一切印刷、书写或打印的规定、免责事项条件。为证明以上各节，承运人或其代理人已签署本提单一式______________份，其中一份经完成提货手续后，其余各份失效。请托运人特别注意本提单内与该货保险效力有关的免责事项和条件。提单条款（背面）

1．定义 “货方”包括托运人、受货人、发货人、收货人、提单持有人和货物所有人。 2．管辖权凡根据本提单或与其有关的一切争议均应按照中国法律在中华人民共和国的法院解决或在中华人民共和国仲裁。 3．承运人责任有关承运人的义务、赔偿责任、权利及豁免应适用海牙规则，即1924年8月25日在布鲁塞尔签订的关于统一提单若干规定的国际公约。4．责任期间承运人的责任期间应从货物装上船舶之时起到卸离船舶之时为止。承运人对于货物在装船之前及卸离船舶之后，发生的灭失或损坏不负赔偿责任。 5．包装和标志在装船之前，托运人应对货物加以妥善包装、货物标志必须正确、清晰，并须以不小于五厘米长的字体将目的港清晰地标明在货物的

外代无抬头海运提单和背面条款

The follow are the conditions and exceptions hereinbefore referred to: 1.D EFINTION. “Merchant” i ncludes the Shipper, the Receiver, the Consignor, the consignee, the Holder of the Bill of Lading and the Owner of the Goods. 2.J URISDICTION. All disputes arising under and in connection with this Bill of Lading shall be settled in the flag – state of the ship, or otherwise in the place mutually agreed between the Carrier and the Merchant. 3.P ARAMOUNT CLAUSE. This Bill of Lading shall be subject to the Hague Rules contained in the International Convention for the Unification of Certain Rules of law Relating to Bills of Lading, dated at Brussels the 25th August 1924, or the corresponding legislation of the flag state of the ship. If the stipulation of this Bill of Lading are wholly or partly contrary there to, this Bill of Lading shall be read as if such stipulation or part thereof, as the case may be, were deleted. 4.P ERIOD OF RESPONSIBILITY. The responsibility of the Carrier shall commence from the time when the goods are loaded on board the vessel and shall cease when they are discharged from the vessel. The Carrier shall not be liable for loss of or damage to the goods before loading and after discharging from the vessel, howsoever such loss or damage arises. 5.P ACKING AND MARKS. The Merchant shall have the goods properly packed and accurately and clearly marked before shipment. The port of destination of the goods should be marked in letters not less than 5 cm high, in such a way as will remain legible until their delivery, All fines and expenses arising from insufficiency or inadequacy of packing or marks shall be borne by the Merchant. 6.F EIGHT AND OTHER CHARGES. (1) Advance freight together with other charges is due on shipment. If not prepaid. Though stipulated, the freight and other charges shall be paid by the Mer- chant plus 5% interest per annum running from the date of notification for their payment, If the cargo shipped are perishables, low cost goods, live animals, deck cargo or goods for which there is no Carrier’s agent at the port of destination, the freight for such cargo and all related charges shall be paid at the time of shipment. Freight payable at destination together with other char ges is due on vessel’s arrival. Advance freight and/or freight payable at destination shall be paid to the Carrier in full, and non-returnable and non-deductable irrespective of whatever loss or damage may happen to vessel and cargo or either of them. (2) All dues, taxes and charges or any other expenses in connection with the goods shall be paid by the Merchant. 7.INCORRECT STATEMENT. The Carrier is entitled, at port of shipment and /or port of destination, to verify the quantity, weight, measurement and/or contents of such goods as declared by the Merchant. If the weight, measurement and/or contents of such goods as stated in the Bill of Lading turned out to be inconsistent with that of the goods actually loaded, and the freight paid falls short of the amount which would have been due if such declaration had been correctly given the Carrier is entitled to collect from the Merchant as liquidated damages to the Carrier double the amount of difference between the freight for the goods actually shipped and that misstated. The Merchant shall be liable for loss of and damage to the vessel and/or goods arising or resulting from inaccuracies in stating the description, quantity, weight, measurement or contents of the goods and shall indemnify the Carrier for the costs and expenses in connection with weighing, measuring and checking such goods. 8.LOADING, DISCHARGING AND DELIVERY. The goods shall be supplied and taken delivery of by the Owner of the goods as fast as the vessel can take and discharge them, without interruption, by day and if required by Carrier also by night, Sundays and holidays included, notwithstanding any custom of the port to the contrary and the Owner of the goods shall be liable for all losses or damages including demurrage incurred in default thereof. Discharge may commence without previous notice, If the goods are not taken delivery of by the Receiver from alongside the vessel without delay, 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 Merchant, and theCarrier’s responsibility of delivery of cargo shall be deemed to have been fulfilled. Weighing on board is only allowed by special permission of the Carrier, including detention and extra costs of discharging, shall be for account of the Receivers or Consignees, notwithstanding any custom of the port to the contrary. If the goods are unclaimed during a reasonable time, or wherever 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 Merchant. 9.LIGHTERAGE.,Any lighterage in or off ports of loading or ports of discharge shall be for the ccount of the Merchant. 10..LIEN. The Carrier shall have a lien on the goods and any document relating thereto for freight, dead freight, demurrage and any other amount payable by the Merchant, and for General Average contributions for whomsoever due and for the cost of recovering the same, and for this purpose shall have the right to sell or otherwise dispose of the goods. If on sale of the goods, the proceeds fail to cover the amount due and the cost and expenses incurred , the Carrier shall be entitled to recover the deficit from the Merchant. 11.NOTICE OF LOSS OR DAMAGE, THIME BAR. Unless notice of loss or damage and the general nature of such loss or damage be given in writing to the Carrier or his agent at the port of discharge before or at the time of the removal of the goods into the custody of the person entitled to delivery thereof under the contact of carriage, such removal shall be prima facie evidence of the delivery by the Carrier of the goods as described in the Bill of Lading. If the loss or damage is not apparent, the notice must be given within three days of the delivery.The notice in writing need not be given if the state of the goods has at the time of their receipt been the subject of joint survey or inspection.In any event the carrier and the vessel shall be discharged from all liability in respect of loss or damage unless suit is brought within one year after delivery of the goods or the date when the goods should have been delivered. In the case of any actual or apprehended loss or damage the Carrier and the Receiver shall give all reasonable facilities to each other for inspecting and tallying the goods. 12.LIMITATION OF LIABILITY. All claims for which the Carrier may be liable shall be calculated on the basis of the Merchant’s net invoice cost, p lus freight and insurrance premuim, if paid. In no event shall the Carrier be liable for any loss of possible profit or any consequential loss. The Carrier for any loss of or damage to the goods shall be limited to an amount not exceeding ￡100 per package or freight unit unless the value of the goods higher than the amount is declared in writing by the Shipper before receipt of the goods by the Carrier and inserted in this Bill of Lading and extra freight paid as required. If the actual value of the goods per package of per freight unit exceeds such value, the declared value shall nevertheless be deemed to be the declared value and the Carrier’s liability if any, shall not be the declared value and any partial loss or damage shall be adjusted pro rata on the basis of such declared value. 13.FORWARDING, SUBSTITUTE OF VESSEL, THROUGH CARGO AND RANSHIPMENT. If necessary, the Carrier shall be at liberty to 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 tranship, lighter, land and store the goods on shore or afloat and reship and forward same at the Carrier’s expenses but at Merchant’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. 14.DANGEROUS GOODS, CONTRABAND. (1) The Merchant undertakes not to tender for transportation any goods which are of a 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 place or waters during the carriage, the Carrier shall be entitled to have such goods rendered innocuous, thrown overboard or discharged or other wise disposed of at the Carrier’s discretion without compensation and the Merchant 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 rising 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 other wise disposed of at the Carrier’s discretion without compensation except to General Average, if any. 15.DECK CARGO, LIVE ANIMALS AND PLANTS. Cargo on deck, plants and live animals are receive d, handled, carried, kept and discharged at Merchant’s risk and the Carrier shall not be liable for loss thereof or damage thereto. 16.CARGO IN CONTAINERS. (1)Goods may be stowed by the Carrier or his agents or servants in containers and containers whether stowed aforesaid or received fully stowed may be carried on or under deck without notice. The Carrier’s liability for such carriage shall likewise be governed by the terms and conditions of this Bill of Lading irrespective of Clause 15 hereof notwithstanding the fact that the goods are being carried on deck and the goods shall contribute to General Average and shall receive compensation in General Average. (2) If a container has not been filled, packed, stuffed or loaded by the Carrier, the carrier shall not be liable for loss of or damage to the contents and the Merchant shall indemnify the Carrier against any injury, loss, damage, liability or expense incurred by the Carrier if such injury, loss, damage, liability or expense has been caused by: 1) the manner in which the container has been filled, packed, stuffed or loaded; or 2) the unsuitability of the contents for carriage in containers; or 3) the unsuitability or defective condition of the container which would have been apparent upon reasonable inspection by the Merchant at or prior to the time the container was filled, packed, stuffed or loaded. If a container which has not been filled, packed, stuffed or loaded by the Carrier is delivered by the Carrier with the seal intact, such delivery shall be deemed as full and complete performance of the Carrier’s obligation hereunder and the Carrier shall not be liab le for any loss of or damage to the contents of the container, The Shipper shall inspect containers before stuffing them and the use of the containers shall be prima facie evidence of their being sound and suitable for use. 17.REFRIGERATED GOODS. 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 Merchant. Receivers have to take delivery of refrigerated cargo as soon as the vessel is ready to deliver, otherwise the Carrier shall land the goods at the wharf at the Merchant’s risk and expense. 18.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. 19.IRON AND STEEL. Every piece of Iron and Steel is to be distinctly and permanently marked with oil paint and every bundle securely fastened, distinctly and permanently marked with oil paint and metal tagged, by the Merchant, so that each piece or bundle can be distinguished at port of discharge. If the Merchant fails to meet the aforesaid requirements, the Carrier, shall neither be responsible for correct delivery nor liable for expenses arising therefrom. 20.BULK CARGO, GOODS TO MORE THAN ONE CONSIGNEE. (1) 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 (2)Where bulk Cargo or goods without marks or cargo with the same marks are shipped to more than one Consignee, the Consignees or owners of the goods shall jointly 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. 21.HEAVY LIFTS AND AWKWARD CARGO. Any one piece or package of cargo weighs 2000 kilos or upwards and any awkward cargo with a length of 9 meters or upwards must be clearly and boldly marked with the weight and/or dimensions and/or length by the Shipper and shall be loaded and discharged by shore crane or otherwise at the ship’s option and at the risk and expense of the Merchant. If any damage, loss or liability to the ship, lighter, wharf, quay, cranes, hoisting tackle, or whatsoever or to whomsoever occurs owing to the lack of statement or mis – statement of weight, measurement or length, the Merchant shall be responsible for such damage, loss or liability. 22.FUMIGATION. In the event of fumigation of goods on board for whatever reason, the Carrier shall not be liable for damage to goods wi thout actual proof of the Carrier’s negligence which shall not be presumed against him, and all expenses incurred are for Merchant’s account. 23.OPTION. The port of discharge for optional goods must be declared to the vessel’s agents at the first of the optional ports named in the option not later than 48 hours before the vessel’s arrival there. In the absence of such declaration the Carrier may elect 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 the total quantity of goods under this Bill of Lading. 24.GENERAL AVERAGE AND NEW JASON CLAUSE. (1)General average shall be adjusted. Stated and settled according to the York – Antwerp Rulos, 1974, at any port or place at the carrier’s option. In the event of accident, danger, damage or disaster before or after the commencement which, or for the consequence of which the Carrier is not responsible, by statute contract or otherwise, the goods, Shippers, Consignees or Owners of the goods 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 goods, If a salving ship is owned or operated by the Carrier, salvage shall be paid for as fully as if the said salving ship or ships belonged to strangers. Such deposit as the Carrier of his agents may deem sufficint to cover the estimated contribution of the goods, and any salvage and special charges thereon shall, if required, be made by the goods, Shippers, Consignees or Owners of the goods to the Carrier before delivery. 25.BOTH TO BLAME COLLISION CLAUSE. If the vessel comes into collision with another vessel as a result of the negligence of the other vessel and any act, neglect or default of the master, mariner, pilot or of the servants of the Carrier in the navigation or in the management of the vessel, the owners of the goods carried hereunder will indernmify the Carrier against all loss or liability to the other or non-carrying vessel or her Owners in so far as such loss or liability represents loss of or damage to or any claim whatsoever of the Owners of said goods paid or payable by the other or non-carrying vessel or her Owners to the Owners of said goods and setoff, recouped or recovered by the other or non-carrying vessel or her Owners as part of their claim against the carrying ship or Carrier. The forgoing provisions shall also apply where the Owners, operators or those in charge of any vessel or vessels 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. 26. 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/or 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 oforasaid circumstances shall be borne by the Merchant.