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Introduction to the international contract of carriage of goods by sea

by:CNS     2020-05-22
The international contract of carriage of goods by sea are mainly the agreement or contract of carriage of goods by sea, liner shipping contract and three types of voyage charter: ( 1) The agreement or contract of carriage of goods by sea, is refers to the carrier and the shipper is in a certain time gross tonnage of the goods transportation, the use of the ship, freight, shipping terms, port of shipment and the port of destination and other agreement or freight total contract. In order to guarantee the implementation of the contract, usually issued by the bill of lading, the other at the partial shipment if both parties agree, can also voyage charter contract separately. This contract is suitable in transport of goods. Accordingly, under the contract can guarantee the shipper's need for space, and enjoy preferential freight rate. ( 2) Liner shipping contract, also called a contract of carriage of cargo, tend to be the carrier to accept more of the shipper of goods, will load more goods belonging to different shippers in the same ship, in accordance with the provisions of schedule, on some routes, transport in specified port order. Responsible for the breakbulk from one port to another port, and protocol of the shipper to pay the freight. Most of the contract is performed in the form of bill of lading and certificate, therefore, break-bulk transportation and called the bill of lading. At present, the sea waybill as a special form of cargo transportation, in the international shipping practice has begun to accept by people. ( 3) Voyage charter, also called voyage charter contract or lease contract process, namely by the lessor to the lessee to provide ship or part of the ship's space for the shipment of goods of the agreement, from one port to another port, the contract shall be prescribed by the lessee pays the freight. Voyage charter party is mainly used for the tramp, ship only the lessee and the lessor signed an agreement to use for a particular voyage ships; The lessee only require the lessor to ship the goods to the port of destination, do not want to possess and control of the ship. Another charter is in a certain period by the lessor to the lessee to use the time charter party. If the lessee to lease ship their cargo, or lease is only one voyage, or if the liner ship as carrier chartered management, is also a kind of contract of carriage of goods. Due to several reasons, we don't discuss here one rent contract: first, in addition to the above situation, time charter party belongs to the property rental properties, and do not belong to the contract of carriage of goods; Second, if the freight forwarder as a tenant to rent ships carrying goods, he became the carrier, and is no longer a cargo agent; Third, if the shipper to transport goods in order to rent, need knowledge navigation and cargo distribution technology, require a personnel management of the ship. So in general, the owner would not charter, time charter way freight agent relating to the time charter few opportunities.
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