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Chapter 8
International Cargo Transportation
In this chapter, you will learn the following key points:
Modes and features of international cargo transportation
Delivery clause in the sales contract
Types of international cargo transportation documents
8.1 Modes of International Cargo Transportation
Ocean transportation
Air transportation
Rail transportation
Road transportation
Multimodal transportation
Ocean transportation
(1) Liner transportation
fixed sailing routes,
fixed base ports,
fixed sailing schedules,
comparatively fixed freight rates
Ocean transportation
(1) Liner transportation
Conference shipping = the scheduled sailing service by conference carriers or members of a freight conference.
Non-conference shipping = outside shipping, is provided by independent carriers or vessel operators who are not members of a freight conference.
Liner freight
Liner freight = basic freight + additionals or surcharges
Basic freight: W, M, W/M, A.V., W/M or A.V., unit/head, minimum rate and open rate.
Ocean transportation
(2) Charter transportation
voyage charter = a ship hired based on a particular voyage
time charter = a ship hired based on a certain period of time
bare boat charter=only the hire of the vessel itself
Liner Terms/Gross Terms or In and Out (I & O): The ship-owner bears loading and unloading cost;
Free In (FI): The ship-owner is only responsible for unloading cost;
Free Out (FO): The ship-owner is only responsible for loading cost;
Free In and Out (FIO): The ship-owner does not bear loading and unloading cost. Sometimes, this FIO may also include FIOST (Free in and out, stowed and trimmed). The ship-owner does not even bear the expenses of stowing and trimming.
Air transportation
Advantages: quick and reliable
Disadvantages: high operating cost, limited capacity and vulnerability to bad weather
Air transportation
Scheduled Airlines
Chartered Carriers
Consolidated Consignment
Air Express
Rail transportation
Deliver goods with relatively large capacity in high speed. Though confined to railroads which makes it less flexible, it is punctual and economical; and for it is less vulnerable to the weather, it is relatively safe.
Road transportation
Road transportation could usually compensate for rail transportation in its flexibility. It enjoys very high distributive ability. However, it could only carry relatively limited capacity of goods and is prone to bad weather, pilferage or damage in transit.
Multimodal transportation
What is special with this means of transportation is that only one multi-modal transportation operator is responsible for the cargo delivery, and therefore for the whole journey of transportation, only one carriage contract and one freight rate are required. With such characteristics, multi-modal cargo transportation enjoys high operating efficiency with low cost and ensures timely delivery.
8.2 Shipment Clauses in the Contract
Time of shipment
Port of shipment and port of destination
Partial shipment and transshipment
E.g. To be shipped from Guangzhou to Singapore by the end of July, 2016 subject to the relevant L/C, reaching the seller before 15 of May and partial shipment prohibited and transshipment permitted.
Lay days, demurrage and dispatch
Lay days, or lay time, refer to the period of time—usually counted as per days or hours—allowed without extra charge for the loading and unloading of cargo.
Demurrage refers to the penalty paid to the ship-owner provided the charterer failed to complete the loading or unloading within the lay days. This amount of money would be paid at an agreed rate by the charterer to compensate the ship-owner’s losses.
Provided the charterer could load and unload the goods ahead of schedule, they would usually receive a bonus from the ship-owner, which is called the dispatch.
8.3 International Cargo Transportation Documents
Bill of lading (B/L)
Sea, air and rail waybill
Road consignment note
Multi-modal transportation document
Bill of lading (B/L)
Attached herein
Contents of bill of lading (B/L)
Bill of lading (B/L) is a document issued by an ocean carrier to a shipper after they’ve entered into a carriage contract.
It is a negotiable instrument which can be used for the transfer of goods ownership and serves three main objectives: (1) a receipt for the goods shipped;(2) an evidence of the contract of carriage;(3) document of title (i.e. ownership).
Main types of bill of lading
Shipped/Received (for Shipment) B/L;
Clean/Unclean B/L;
Straight/Order/Blank B/L.
Case 1
A trading company intended to export 500 tons of peanuts to George Company abroad. The letter of credit stipulated that, "Shipment should be effected from China port to London in 5 months respectively: 80 tons in March, 120 in April, 140 in May, 110 in June, and 50 in July. Partial shipment is not allowed every month." The trading company arranged the shipment of 80 tons of peanuts in Qingdao Port on March 15th accordingly and 120 tons on April 20th as well, both of which were followed by smooth payments. Yet, due to insufficient supply, the trading company only loaded 70.5 tons on May 20th in Qingdao Port by "Hulin" Wheel, the shipping company. And with knowledge that a company in Yantai had a batch of goods with the same specifications, so the trading company required the vessel to sail to Yantai Port to load its shortcomings.
The carrier, considering the current loading situation, agreed to install 64.1 tons in Yantai Port. The trading company then submitted two sets of documents to the negotiating bank: A B/L issued on May 20th in Qingdao, with a volume of 70.5 tons, and the other one on May 28th in Yantai, with 64.1 tons.
The negotiating bank claimed that the documents had two discrepancies: (1) Partial shipment in Qingdao and Yantai respectively; (2) shortage in weight ton. Q: Do the discrepancies exist
Analysis of case 1
The discrepancies do no exist. Reasons are as follows:
1) According to definition of partial shipment in UCP 600, if a batch of goods have been shipped separately at different ports, but in the same journey, this could not be taken as partial shipment.
2) According to UCP 600, the seller or the buyer can be allowed to load the goods more or less within a certain range.
案例１
　　某国际贸易公司对国外乔治公司出口500吨花生。买方申请开来的信用证规定：“分5个月装运；3月份80吨；4月份120吨；5月140吨；6月份110吨；7月份50吨。每月不许分批装运。装运从中国港口至伦敦。”
国际贸易公司接到信用证后，根据信用证规定于3月15日在青岛港装运了80吨；于4月20日在青岛港装运了120吨，均顺利收回了货款。
国际贸易公司后因货源不足于5月20日在青岛港只装了70.5吨。经联系得知烟台某公司有一部分同样规格的货物，所以国际贸易公司要求“HULIN”轮再驶往烟台港继续装其不足之数。船方考虑目前船舱空载，所以同意在烟台港又装了64.1吨。国际贸易公司向银行提交了两套单据：一套是在青岛于5月20日签发的提单，其货量为70.5吨；另一套是在烟台于5月28日签发的提单，货量为64.1吨。
银行认为单据有两处不符点：（1）在青岛和烟台分批装运货物；（2）短量。
问题：不符点是否成立？
　　分析：不成立。理由：1)“UCP500”规定的“不视为分批装运的情况”；2)“UCP500”规定的数量容差。
Case 2
Our export company exported 250 tons of red beans to Japan on CFR price. The contract stipulated that the unloading port should be a Japanese port. When arranging the delivery, there happened that a ship was sailing to Osaka and our company intended to use it. Then we called to the buyer and told them we preferred unloading the goods at Kobe, Osaka, the Japanese counterpart insisted on a north-eastern small port. Dispute arose and the Japanese side canceled the contract, with the falling down of the price of the goods in the market as partial reasons.
Q: What is your opinion
Analysis of case 2
Our behavior is inappropriate. We should make sure a specific destination port but not a vague one in the contact before shipment. Also, the port of discharge specified in the contract should be the Japanese ports, not just a Japanese port. And in general practice, the importer should notify the exporter before shipment, otherwise the exporter may make their own decisions and discharge the goods at any Japanese port. So our calling to the Japanese counterpart is inappropriate. Of course, it is not appropriate for the Japanese buyer to cancel the contract either. The reason for breaking the contract is the falling price which is a normal commercial risk, and cannot be used as a reason for withdrawing the contract.
案例２
　　我某出口公司按CFR条件向日本出口红豆250吨，合同规定卸货港为日本口岸，发货物时，正好有一船驶往大阪，我公司打算租用该船，但在装运前，我方主动去电询问哪个口岸卸货时值货价下跌，日方故意让我方在日本东北部的一个小港卸货，我方坚持要在神户、大阪。双方争执不下，日方就此撤消合同。问题： 试问我方做法是否合适？日本商人是否违约？
　　分析：不合适。选择港的使用；合同中规定的卸货港为日本口岸，按照惯例，进口商在装运前应通知出口商，否则出口商可自行决定，可在日本的任何一个港口卸货；我方去电询问纯属多此一举，这种做法不妥当；日方撤消合同没有正常理由，违约的原因是价格下跌，属正常商业风险，不能作为撤约的理由。
Case 3
A Chinese export company had signed a contract with British Company B for agricultural products, with a total of 3500 long tons, valued at 82,750 pounds. The shipment period is from December of the year to January of the next year. However, due to the failure of the original loading ship, another vessel was used instead, which resulted in the completion of the shipment by February 11st. At our request, the shipping agency changed the date of B/L to January 31st. Upon the arrival at London, the buyer doubted the date of shipment and requested our company to provide a shipment certificate of January. We insisted that the B/L was normal and no proof required. As a result, the buyer designated a lawyer on board the vessel to consult the master's ship log to prove that the date of the B/L was forged. And immediately, based on the evidence taken by the lawyer, the buyer sued the local law court and the ship was detained by a notification by the court. After four months of negotiation, the Chinese side finally agreed to make a compensation of 20,900; while the buyer was willing to withdraw the appeal and close the case.
Analysis of case 3
Anti-dated B/L is an illegal document. Once detected, the consequences are serious. However, in international trade, this practice is still quite common, especially when the real date of shipment is close to that stipulated. Under such situations, there are still many exporters who would try this method. When a relatively long time anti-dated, it is easy to arouse the buyers' suspicion, and it can eventually be detected by consulting the captain's log or liner timetable.
案例３
　　我国某出口公司与伦敦B公司出售农产品合同，共计3500吨，价值8．275万英镑。装运期为当年12月至次年1月。但由于原定的装货船舶出故障，只能改装另一艘外轮，至使货物到2月11日才装船完毕。在我公司的请求下，外轮代理公司将提单的日期改为1月31日，贷物到达伦敦后，买方对装货日期提出异议，要求我公司提供1月份装船证明。我公司坚持提单是正常的，无需提供证明。结果买方聘请律师上货船查阅船长的船行日志，证明提单日期是伪造的，立即凭律师拍摄的证据，向当地法法院控告并由法院发出通知扣留该船，经过4个月的协商，最后，我方赔款2．09万英镑；买方方肯撤回上诉而结案。
　　分析：倒签提单是一种违法行为，一旦被识破，产生的后果是严重的。但是在国际贸易中，倒倒签提单的情况还是相当普遍。尤其是当延期时间不多的情况下，还是有许多出口商会铤而走险。当倒签的日子较长的情况出现，就容容易引起买方怀疑，最终可以通过查阅船长的航行日志或者班轮时刻表等途径加以识破。
Thank you !

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