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Carriage of Goods by Sea Continued-Technical Writing-Lecture Slides, Slides of Technical Writing

Prof. Jenny Pinto delivered this lecture for Technical Writing course at Laxmibai National Institute of Physical Education. It includes: Carriage, Goods, Clauses, Charter, Party, Merchandise, Law, Payment, Freight, Cesser

Typology: Slides

2011/2012

Uploaded on 07/11/2012

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Carriage of Goods by Sea Cont…
Clauses of Charter Party:
1. Name of parties and ship.
2. Class of Charter Party- Deals with the terms for which the ship is
hired.
3. Class of Ship- Description of the particular class of ship.
4. Now at- the clause indicates where the ship is at the time, the
charter party is made. It also indicates when the ship will arrive at
the port of dispatch.
5. Sea Worthiness and Fitness- Express warranty of sea worthiness.
6. Port of Loading- This clause specifies the port of loading
7. Full and Compete Cargo- The charterer is liable to pay freight for
the full capacity of the ship whether it is fully used or not.
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Carriage of Goods by Sea Cont…

Clauses of Charter Party:

  1. Name of parties and ship.
  2. Class of Charter Party - Deals with the terms for which the ship is hired.
  3. Class of Ship- Description of the particular class of ship.
  4. Now at - the clause indicates where the ship is at the time, the charter party is made. It also indicates when the ship will arrive at the port of dispatch.
  5. Sea Worthiness and Fitness - Express warranty of sea worthiness.
  6. Port of Loading- This clause specifies the port of loading
  7. Full and Compete Cargo- The charterer is liable to pay freight for the full capacity of the ship whether it is fully used or not.

Clauses of Charter Party

  1. Lay Days and Demurrage- Lay days means the days allowed for loading and unloading the ship. In case the charterer does not compete loading and unloading within lay days. He is liable to pay damages.
  2. Law of Merchandise- The goods must be lawful both at the port of dispatch and port of discharge.
  3. Payment of Freight- This clause lays down how and to whom freight is to be paid.
  4. Ship-owners Lien- The ship owner has a lien on the goods he carries for the freight and demurrage due to him. He can refuse to deliver the cargo till the amount due is paid.

Implied Warranties- Carriage by Sea

1. The ship is fit to encounter the ordinary

risks of the sea during the voyage.

2. The ship shall be ready to commence the

voyage with diligence.

3. The ship shall not deviate from the agreed

route except for good cause such as safety of

ship and human life.

4. Illegal contraband and dangerous goods

are not to be included in the cargo.

Effects of Breach of Terms

1. A breach of terms discovered before the

commencement of the voyage, the aggrieved

party may cancel the contract and sue for

damages.

2. A breach of terms comes to the knowledge after

the voyage has begun, the aggrieved party can

claim damages.

3. In case of deviation of the ship from the agreed

route, the ship owner will not be covered by the

excepted peril clause.

Documentation in Carriage of Goods

by Sea Cont…

Contents of Bill of Lading

  1. Must be stamped and signed by the owner or his agent.
  2. Marks of identification of goods.
  3. Number of packages or quantity or weight in writing.
  4. A statement about the condition of goods.
  5. The name of the ship, port of shipment, port of delivery and the person to whom delivery is to made.
  6. Accepted Peril clause.
  7. Amount of freight.

Kinds of Bill of Lading

  1. Clean Bill of Lading - When the goods are in good

condition, the bill is said to be a clean bill of lading.

  1. Qualified Bill of Lading - When it is stated in the bill

of lading that goods are in bad condition, the bill of

lading is said to be qualified bill of lading.

  1. Through Bill of Lading - when the cargo stated in the

bill of lading is to be carried partly by sea and partly by

land, and the fight has been charged for both, the bill

of lading is called through bill of lading.

Duties of Carrier by Sea

  1. The carrier is bound to exercise due diligence before and at the beginning of the voyage in:

a. Making the ship seaworthy.

b. Properly man, equip and supply the ship.

c. Make the holds, refrigeration and cool chambers and all parts of the ship fit and safe for reception, carriage and preservation

  1. Must carefully load, handle, keep, care for and discharge the goods carried.
  2. After receiving the goods, the carrier must issue a bill of lading.

Liabilities of Carrier by Sea

1. A ship owner is liable for the loss arising from

his negligence.

2. A ship owner can not limit his liability arising

from his negligence.

3. The carrier shall not be liable unless the nature

and value of goods are declared by the shipper

before the shipment in the bill of lading.

4. The carrier shall not be liable for any damage

to the goods, if the nature and value of goods has

been misstated by the shipper in the billl of

lading.

Explanation of Important Terms

Right of Stoppage in Transit:

The shipping company is not required to to deliver the goods to the holder of the bill of lading, if the consignor while exercising his right of stoppage in transit, gives instructions not to deliver the goods.

Maritime Lien:

Maritime lien is a claim on ship, cargo and the freight in respect of services rendered to them. All persons who render some services to save the ship or cargo in time of danger, can recover their charges from the ship owner or cargo owner. The ship can not be allowed to leave harbor and the court may order for the sale of the ship or cargo in favor of the maritime lien.

Explanation of Important Terms

Cont …

Bottomry Bond

When a ship needs urgent repairs during voyage

and it become unavoidable for the captain to

borrow money for such repairs, the captain raises

money on the security of the ship and the cargo.

The contract of raising money in this manner is

called Bottomry Bonds.

Jettison

Jettisons to throw out. Goods may be jettisoned

during a voyage to save the ship from sinking.

Carriage of Goods by Air

Carriage by Air Act,1934. contains two schedules:

Schedule I contains Warsaw Convention Rules

Schedule II covers the Hague Protocol

High Contracting Party

Governments of those countries who have signed the Warsaw Convention Rules are high contracting parties.

International Carriage

It is the carriage in which the place of departure and the place of arrival are located within the territorial jurisdictions of two high contracting parties or within the jurisdiction of a single high contracting party if there is an agreed stop over within the territory of another state even if that other state is not a high contracting party.

Documentation-Carriage By Air

Passenger Ticket - A passenger ticket contains the

following :

1. The place and date of issue.

2. The place of departure and destination.

3. The agreed stopping places.

4. The names and addresses of the carrier or

carriers.

5. A statement that the carriage is subject to the

rules contained in this schedule.

Documentation-Carriage By Air

Air Way Bill ( Air consignment Note)

Following are the points of air way bill:

1. Every carrier of cargo has the right to get air

way bill.

2. The air way bill shall be made in three copies.

3. The first part shall be for the carrier, the

second part for the consignee and the third part

for the consignor.

4. The carrier has the right to get air way bills for

each package separately.

Documentation-Carriage By Air

Contents of Air Way Bill

  1. The place and date of its execution.
  2. The place of departure and destination.
  3. The agreed stopping places.
  4. The name and address of the consignor.
  5. The name and address of the first carrier.
  6. The name and address of the consignee.
  7. The nature of goods.
  8. The number of packages, method of packing and the particular numbers upon them.
  9. The weight, quantity and volume of goods.