资源简介

(共43张PPT)
CHAPTER 13 INTERNATIONAL CARGO TRANSPORTATION
Modes of Transport
Major Shipping Documents
Shipment Clause
§1 Modes of Transport
Ocean transport?
3/4 of the trade among nations is transported by water.
Features of ocean transport:
Relatively economical mode of transport for bulky and heavy goods.
A safe mode of transport with respect to occurrence of accidents.
The cost of maintaining and constructing routes is very low as most of them are naturally made.
Slow, vulnerable to bad weather and less punctual if compared with road or air transport.?
Liner transport
The transport of cargoes from one seaport to another along regular maritime routes according to a schedule.
Liner rates usually include the stevedoring charges for loading and unloading.?
Freight is charged according to the tariff (运费表) — a schedule of shipping rates charged, together with governing rules and regulations. Two parts: basic freight rates and surcharges. ?
① Standards of collecting basic freight rates
?
Weight: For items marked with “W” in the tariff, per metric ton on weight. This method is called weight ton (运费吨).
Measurement: For items marked with “M” in the tariff, per cubic meter on measurement. This method is usually called measurement ton (尺码吨).
Weight or measurement: For items marked with “W/M” in the tariff, the freight is to be calculated on either weight or measurement, whichever is greater. ?
Ad Val.: For items marked with “Ad Val., the freight is to be calculated on the price or value of the cargo.
W/M or Ad val.: For items marked “W/M or Ad val.” in the tariff, the highest rate is adopted.?
② Surcharges: bunker adjustment factor (燃油附加费), port surcharges, transshipment surcharges, heavy lift and long length additional.
Company A exports 100 cases of Good X to London. The volume and gross weight per case are 40cm×30cm×20cm and 30kg respectively. Good X is classified as Class 10 and the freight for Class 10 is calculated on W/M. The tariff (China—London) shows that the basic freight rate for Class 10 is US$222, with 10% port surcharges. How much is the total freight
(i) Total weight: 0.03M/T×100 = 3 M/T
(ii) Total volume: 0.4×0.3×0.2×100 = 2.4 M3
(iii) As the total weight is greater than the total volume, thus weight
is the basis for collecting freight.
(iv) Total freight = total weight × (basic freight rate + surcharge)
= 3 × (222 + 222 ×10%)
= US$732.6?
(2) Charter transport?
Charter transport is a tramp service.
A cargo ship not operating on regular routes and schedules, and picking up cargo only when it is chartered (hired) from the ship owner.
While liner transport is for general cargoes, charter shipping is usually for bulk cargoes (大宗货物) like oil, coal, ore, and grain.
Charter shipping has the lowest freight rate per unit of weight or measure.
Two types: voyage charter and time charter.?
① Voyage charter
Voyage charter means transport vessel or vehicle charter
for one or a specified number of trips (voyages).
The vessel remains under the control of the ship owner
who is responsible for equipping and manning (操纵) the
vessel.
The crew (全体船员) and master are employees of the ship
owner, and he is responsible for their wages.
The freight rate may be charged by quantity of the goods carried,
or a fixed rate regardless of the quantity.
The charterparty (租船合同) will identify the
vessel, the cargo it is to carry, the voyage (s) for
which the ship is made available, and certain
terms in respect of the various responsibilities
of the ship owner and the charterer (租船人).
It also includes the ports, freight rate and
time involved in the voyage (s).
Liner terms (gross terms or berth terms): The ship owner is responsible for costs of loading and unloading as in the case of liner transportation.
FI (Free In): "free”: not including. The charterer is responsible for the cost of loading.
FO (Free Out): The charterer is responsible for the cost of unloading.
FIO (Free In and Out): The charterer is responsible for cost of loading and unloading.
Lay days : Also called lay time, the number of days allowed by the ship owner to load or unload cargo without incurring demurrage or late charges. Lay days may be expressed as:
(1) Running days: consecutive days including weekends and holidays;
(2) Working days: consecutive days excluding weekends and holidays;
(3) Weather working days: working days on which weather permits continuous work. the most commonly used expression.
Lay days begin to run when the vessel is berthed (停泊) or when its arrival is recorded as arrived ship.
Dispatch money (速遣费) : When so agreed in the charterparty, this is paid by the shipowner to the charterer as a result of the vessel completing loading or discharging before the stipulated time.
Demurrage (滞期费): Demurrage is a penalty to be paid by the charter to the ship owner for exceeding lay days in loading or unloading.
(2) Time charter
The ship owner agrees to charter a vessel to the charterer for a specified period of time.
As in a voyage charter, the ship owner retains control of the ship and the employee on board the ship.
The charterer is responsible for its employment, the number of voyage it takes, and the destination of the voyages.
The terms of time charterparty concentrate on employment of vessel, speed of vessel, maintenance of vessel, hire period, return of vessel, payment of hire, etc.
Time charter generally does not include loading and unloading costs in the charter rate.
2. Rail transport?
A major mode of transport in terms of capacity, only second to ocean transportation.
It is capable of achieving relatively high speed and is very economical especially if it provides the complete trainload for a shipper on a regular basis.
It is less prone to interruption by bad weather. But it is confined (受限制的) to railroads and therefore less flexible. Rail transport is popular in multimodal transport and transshipment. It is widely used in landbridge transport.
3. Air transport
Ideal mode of carriage for valuable goods, delicate goods, physically perishable goods such as food and plants, urgent products such as medicine and very small shipments which are less costly by air than by water, etc.
(1) Benefits of air transport
faster delivery, better security,
less packing, lower insurance.
(3) Types of air transport services
Scheduled airline: operates over a fixed airline and between fixed airports.
Chartered carriers: the hire of an aircraft by a shipper or several shippers to deliver cargoes.
?
Consolidation: the air freight forwarder assembles a number of individual shipments into one consignment and dispatches them on one air waybill. the freight rate is lower.
Air express service: for shipping small packages of goods such as medicines in urgent need, samples and shipping documents by air.
4. Intermodal transport (multimodal transport)
The transportation of freight in an intermodal container or vehicle, using multiple modes of transportation, without any handling of the freight itself when changing modes.
(1) The virtue of containerization?
Simplifies and speeds up the cargo-handling process.
Offers protection from the elements, reduces the chances of damage, and virtually eliminates the pilferage.
Approximately 90% of non-bulk cargo worldwide moves by containers .
(2) Modes of container service?
FCL: full container load, the whole container load (整箱货)
LCL: less than container load，a partial container load (拼箱货)
CFS: container freight station, where cargoes are delivered for
containerization
CY: container yard， where FCL is delivered.
CY/CY container service: door-to-door
CY/CFS container service: door-to-port
CFS/CY container service: port-to-door
CFS/CFS container service: port-to-port
(3) Measurement of container
Five common lengths, 20-ft, 40-ft, 45-ft, 48-ft, and 53-ft.
Container capacity is measured in twenty-foot equivalent units (TEU, or sometimes teu).
An equivalent unit is a measure of containerized cargo capacity equal to one standard 20ft (length) × 8ft (width) × 8'6'ft (height) container, approximately 38.5 m3.
Many containers today are of the 40-ft (12.2m) variety and are known as 40-foot containers.
§2 Major Shipping Documents
Bill of lading (B/L)
A transportation document
issued by an ocean carrier
to a shipper with whom the
carrier has entered into a
contract for the carriage of
goods.
?
Three functions performed by the B/L
Receipt for goods
Evidence of the
contract of carriage
Document of
title to the goods
The B/L describes the goods put on
board a vessel, states the quantity, and
their condition. The carrier will check to
see that the goods loaded comply with
the goods listed.
The B/L becomes conclusive evidence
of the terms of the contract of carriage
once it is negotiated to a good faith
third party.
The named consignee or the lawful
holder of a B/L has a claim to title by
surrendering the bill. The carrier is
obliged to deliver the cargo only against
an original B/L.
(2) Types of bill of lading?
① Shipped (on board) B/L & received for shipment B/L
Shipped B/L: issued by after the goods are actually shipped on board the designated vessel. Both the name of the vessel and the date of issue of the B/L are indicated on the shipped B/L. It provides better guarantee for the consignee to receive the cargo at the destination. Most B/L forms are preprinted as “Shipped Bill”.
Received for shipment B/L arises where the word “shipped” does not appear on the bill of lading. It merely acknowledges that the goods have been received by the carrier for shipment. Therefore, the goods could be in the dock or warehouse.
② Clean B/L & unclean B/L (foul B/L or claused B/L)
Clean B/L: A B/L that is free from any adverse remarks, made by the carrier about the condition, packing, or quantity of the goods being shipped.
"apparent good order and condition", "clean on board" or the like are indicated on the B/L.
It provides proof that up until the time goods were transferred to the carrier, no damage has occurred.
Unclean B/L: A B/L with adverse remarks or notations (called 'clauses') by the carrier that the goods received for shipping (or their packing) look wet, damaged, or otherwise in doubtful condition, or not of correct quantity.
Importers and their banks normally do not accept foul B/L for payment under a L/C.
③ Straight B/L, blank B/L and order B/L
Straight B/L has designated consignee.
Only the consignee is entitled to take delivery of the cargo.
Not transferable, not commonly used and normally applies to high
value shipments or goods for special purposes.
Blank B/L: Open B/L or Bearer B/L, no definite consignee.
In the field of consignee, “To bearer”. Anyone who holds
the bill is entitled to the goods the bill represents.
No endorsement is needed for the transfer of the blank bill.
Due to the exceedingly high risk involved, this bill is rarely used.
Order B/L:
“To order”, “To order of the shipper”, or “To order of the consignee” is marked. Goods are consigned to the order of a named person.
It may be used to transfer title to goods being shipped to another party, at any time during the transit process simply by conveying the order bill to another party through endorsement.
“To order" means to order of shipper.
Endorsement
Blank endorsement
(carries only the signature of the endorser
and does not specify the endorsee )
Special endorsement
(names the endorsee and requires
its endorsement for further negotiation)
④ Direct B/L, transshipment B/L and through B/L
Direct B/L: indicates the goods are shipped from the port of loading direct to the port of destination without involving transshipment.
Transshipment B/L: indicates the goods need to be transshipped at an intermediate port as there is no direct service between the shipment port and the destination port.
Through B/L: issued for containerized door-to-door shipments that have to use different ships and/or different means of transportation from origin to destination.
Unlike in case of a multimodal B/L, the principal carrier or the freight-forwarder (who issued the through B/L) is liable under a contract of carriage only for its own phase of the journey, and acts as an agent for the carriers executing the other phases.
⑤ Liner B/L, charterparty B/L and container B/L
Liner B/L: issued by a liner company.
Charterparty B/L: issued by the carrier (or its agent) based on the charterparty.
This B/L is subject to the clauses of charterparty.
That's why when a charterparty B/L is accepted by the bank or the buyer, the copy charterparty is required.
Container B/L: issued when the goods are conveyed by container.
⑥ Long form B/L and short form B/L
Long form B/L: with the terms and conditions of carriage which are printed on the back of the monly used in international shipping.
Short form B/L (or blank back B/L) : The terms and conditions of carriage on the back of the B/L are omitted.
Unless otherwise stipulated in the letter of credit (L/C), a short
form bill of lading is acceptable.
The short form B/L saves the cost of printing and if the terms and
conditions of carriage change, there is no need to reprint the B/L
form.
⑦ Miscellaneous B/L
On deck B/L: B/L containing the notation that the goods have been loaded on the deck of the vessel, for goods that can not fit into the ship's hold.
Stale B/L: B/L presented after the stipulated expiry date of presentation or after the goods are due at the port of destination.
The late arrival of this important document may have undesirable consequences and therefore should be avoided.
Sometimes especially in the case of short sea voyages, it is necessary to add a clause of “Stale B/L is acceptable”.?
Ante-dated B/L
B/L which is dated before the date on which it is issued.
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.
Due to the risk of the goods being rejected by the buyer arising from the issuance of such a bill, it is advisable to avoid this malpractice even when it seems necessary in certain circumstances.
Advanced B/L
B/L issued in advance when the expiry date of the L/C is due but the shipment has not yet been effected.
The issuance of this B/L is also a malpractice and should be avoided.?
Several types may be combined into one like “Clean on board, to order, blank endorsed B/L”.
Bs/L are made out in sets, consisting of a number of originals (usually three) and copies and marked “original” and “copy” respectively.
Only the originals signed by the carrier enable the consignee to take delivery of the goods. ?
(3) Three rules governing bill of lading
① The Hague Rules (The Brussels Convention)
Drawn up by the International Law Association in 1921 in the
Hague (the Netherland).
The International Convention for the Unification of Certain Rules of Law Relating to B/L.
Generally well received and have been adopted by 58 maritime nations.
Prior to these rules, shipowners often thwarted cargo damage claims by inserting limits in B/L.
The Hague Rules represented the effort made by the international community to achieve uniformity in ocean B/L.
Major weaknesses:
The scope is limited to the outward shipment, i.e. shipment from a port of the contracting states to a foreign port;
No liability for delay in delivery of the goods；
The Rules are not compatible (相容的) with container transport;
The deck cargo is entirely excluded;
The maximum limit of carrier’s liability is limited to 100 pound sterling per package or unit, or the equivalent of that sum in other currency, unless the shipper has made a declaration of value;
The carrier’s liability only covers “tackle to tackle”;
Navigational fault is excepted.
(2) The Hague-Visby Rules 1968
Amendments to the Brussels Convention:
I. Its territorial application is extended;
II. The Rules increase the maximum amount for limitation of
liability of a carrier and introduce a new weight-based
criterion;
III. The Rules are compatible with container transport.
③ The Hamburg Rules
The UN Convention on the Carriage of Goods by Sea in Hamburg
in 1978. It came into force on 1st November 1992.
Major amendments:
Scope of application. Both inward shipments and outward shipments;
Period of responsibility. The period during which the carrier is in charge of the goods at the port of loading, during the carriage and at the port of dicharge;
Libility limits. The carrier is liable for loss resulting from loss or damage to the cargo as well as delay in delivery;
Liability amount. Far above the previous two rules.
20 nations have approved
?
2. Other shipping documents
Sea waybill
A non-negotiable document, evidence of the contract of carriage, receipt
of the goods by the carrier.
About 90% of all containerized cargoes shipped over the Atlantic Ocean
are carried under sea waybills. Natural choice.
for shippers or consignees who do not plan to sell the goods en route;
for trading between established consignors and consignees who have been trading for many years, and
for open account sales.
Not suitable for transactions of goods that are negotiated repeatedly during
transit.
Cannot act as security for letter of credit transactions.
(2) Air waybill (used for carriage of goods by air)
A receipt of the goods for dispatch and evidence of the contract of
carriage between the carrier and the consignor, not a negotiable
title to goods.
Three originals:
Normally original 1, in green, for the issuing carrier, is to be retained
By the carrier for accounting purposes and to serve as documentary
evidence.
Original 2, in pink, for the consignee, is to accompany the
consignment to its final destination and is to be presented to the
consignee to enable him to collect the goods.
Original 3, in blue, for the shipper, is returned to him as a receipt and
evidence of his affreightment contract (包租合同) with the airline.
(3) Multimodal transport document
Evidences the contract of carriage of goods by at least two modes of transport, issued by a multimodal transport operator (MTO) under a multimodal transport contract.
Essential difference between MTD and through B/L:
MTD: The MTO takes responsibility as principal for the entire carriage.
Through B/L: The principal carrier concludes several separate contracts of carriage for subsequent segments of the transport as agent for the shipper or as agent for the on-carriers. It does not normally accept responsibility for segments undertaken by the other carriers involved.
§3 Shipment Clause?
Time of shipment
In FOB, CFR, CIF, FCA, CPT, CIP contract,
time of shipment = time of delivery
(1) Time of shipment definitely stated.
Example: Shipment during December 1997.
(2) Shipment within ×× days after receipt of
L/C.
2. Port of shipment and destination
Usually one port of shipment and one port of destination.
Sometimes, two or more than two.
If the port (s) can’t be defined clearly when the contract is concluded, may adopt optional ports. Two ways:
(1) Choose from two or more than two ports, e.g.
London/Hamburg/Rotterdam;
(2) EMPs, AMPs. Specify:
Which ports are EMPs or AMPs.
Any additional freight incurred will be on the buyer’s account;
The buyer should notify the seller of the final port when the L/C is opened.
3. Partial shipment and transshipment?
Partial shipment
If the contract does not stipulate that partial shipment is
allowed, then it is not allowed.
But UCP 600 provides that partial drawings and/or shipments
are allowed.
Better to make it clear.
① Simply state that partial shipments are allowed;
② State the specific time of delivery and quantity of each lot.
“Shipment from March to June in four equal monthly lots”.
UCP600 Art. 31：
Transportation documents which appear on their face to indicate that shipment has been made on the same means of conveyance and for the same journey, provided they indicate the same destination, will not be regarded as covering partial shipments, even the transport documents indicate different dates of shipment and/or different ports of loading.?
Xiamen, PRC
(2008/02/04)
Fuzhou, PRC
(2008/02/06)
Seattle, USA
Not partial shipments

②
③
(2) Transshipment?
According to the UCP600, transshipment means a transfer and reloading during the course of carriage from one conveyance or vessel to another conveyance or vessel, within the same mode of transport or from one mode of transport to another mode of transportation. Unless transshipment is prohibited by the terms of the credit, it is allowed.
However, in the absence of terms as to whether transshipment is allowed or not in the contract, transshipment is to be construed as not allowed.

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