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The container transportation some legal problems
[Back]      Date:2012/4/25 21:19:47   

A bill of lading, container "don't know" clause of the effect problem

1, container "don't know terms" origin

Container FCL goods in transportation, the carrier received just good condition, seal appearance in the container, but to the conditions of the goods are not. The carrier to avoid the consignee's recovery, often in container bill of lading on the injectors "don't know terms" comments, "don't know" clause in the container on the bill of lading has been widely used. Container fittings information

Container bill of lading "don't know terms" refers to the carrier is container goods, received the goods to the situation to know anything, and the carrier in the destination port container appearance as long as guarantee good condition, seal in good condition, can properly fulfilled that the carrier transport of goods of obligation, the loss of the goods, shall not be liable for the damage. Container bill of lading on the injectors "don't know terms" meant is clear in container FCL transportation under the condition of the shipper and the carrier's liability between, the character of container loading goods is the actual state of a reserved. In the present test means, require the carrier to seal the container in the actual situation and the quantity of the exact measure is impossible, therefore, container bill of lading on the injectors "don't know" clause is objective existence.

2, container bill of lading "don't know clause" to form

Annotated histology sections of the bill of lading container "don't know terms" is usually the bill of lading positive notation and on the back of the "don't know terms" composition.

(1) the positive comments

In FCL check in, because of the goods concerned the description, mark, number, weight and other detailed bag is supplied by the shipper, the carrier of the goods are not involved in the packing, the goods to the actual situation of all don't know, the carrier is the good condition, seal appearance in the container just. In practice, the carrier has not possible to check each container loading the actual situation. Although the Hague rules "regulation, if the carrier or the bill of lading issued by the rest of the generation, or have reasonable suspicion that contained in the bill of lading according to the relevant goods of general nature, major marks, number, number of packages or bag weight or quantity etc, can't quite represents its actual take over goods, or in the issue" have been shipped "bill of lading, the above terms and does not accurately say they have shipped the goods, or no check these issues reasonable method, then the carrier or the others in the bill of lading must make reservations, explain these discrepancies, doubt or no reasonable check according to the means, etc. But in practice, if the bill of lading lack basic transport cargo's records, the negotiating bank will refuse to accept such a bill of lading, which affects the normal flow of bill of lading. Therefore, the carrier will have to provide the relevant goods of the shipper of recorded content in the bill of lading. However, the carrier to such records and will bring you an extremely negative consequences, so the carrier in the content of the shipper will provide truthfully recorded in the bill of lading, and meanwhile plus "don't know terms" comments, in order to achieve the maximum limit the grounds of purpose.

(2) bill of lading terms on the back

In practice, the carrier except in a container of bill of lading positive the notation, will be in the back of the bill of lading and some terms, which will include "don't know" items. Such as "goods by delivery is or its agent for packing and of this bill of lading positive, listed content (the sign of goods, bag number, number of packages, weight, etc), the company are not aware of." It is stipulated the carrier in some case can enjoy a disclaimer right, that is, if not by the carrier of packing container, then the carrier for the loss, damage or destroy the goods inside not assume responsibility, and that "something" is by the carrier in the bill of lading positive notation to reflect. The only positive terms in with the "FCL," "SLAC" after notation, can we make the carrier to the grounds of purpose.

3 and practice of container bill of lading "don't know" clause of the abuse

LCL cargo cases "don't know" clause of the abuse. According to the owner shipment of goods batch whether can be filled with a container to distinguish, the goods can be divided into the container FCL and LCL cargo. LCL cargo goods refers to the shipment of the goods batch less, cannot fill a container, should be made by container freight station (CFS) will belong to different owners but are of the same destination port of goods and put them in a container. In this case, the bill of lading of positive often have "SLAC", "STC" comments. In judicial practice, the "don't know clause" effect, first should be based on the container freight station is representative of the carrier or the owner loading to be considered. If the container freight station is entrusted by the owner, on behalf of the owner the packing, it shall be deemed as the owner himself the packing, the remarked "don't know terms" effective. If the container freight station is entrusted by the carrier, on behalf of the carrier the packing, the carrier at this time is still charging "don't know" clause, and the facts, show of abuse, shall be deemed "don't know" clause is invalid.

In practice, when the bill of lading holder of goodwill hold charging for CFS-CFS handover way of bill of lading, its not know container freight station is the owner or on behalf of the carrier, and in this case, should be presumed container freight station is affected by the carrier or his agent entrusted by the packing, the bill of lading holder and the carrier between, the "don't know" clause is invalid. The carrier to claim exemption, the burden of proof that the container freight station is really entrusted by the owner, or deal with the loss of the bill of lading holder shall bear the liability for compensation.

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