Bill of Lading

The bill of lading refers to the document issued by the carrier to prove the maritime transport contract and the carrier's taking over or loading of the goods, and the carrier's guarantee to deliver the goods.

(1) Legal characteristics

①The bill of lading is proof of the contract for carriage of goods by sea (proof of the contract of carriage rather than the contract of carriage itself);

②The bill of lading is The receipt issued by the carrier for receiving the goods (cargo receipt);

③The bill of lading is a document representing the ownership of the goods (property certificate).

Note: The bill of lading is only preliminary evidence when it is in the hands of the shipper. If the goods are inconsistent with the records on the bill of lading, the carrier can raise objections to the shipper. However, when the shipper transfers the endorsement of the bill of lading to a third party, the bill of lading becomes conclusive evidence for the transferee of the bill of lading.

　(2) Content

The bill of lading is divided into two sides: the front and the back. The front of the bill of lading contains the matters recorded in the bill of lading, and the back of the bill of lading contains the substantive provisions regarding the rights and obligations of both parties.

The matters recorded on the front of the bill of lading generally include the following: ① the name and main business office of the carrier; ② the name of the shipper; ③ the name of the consignee; ④ the notifying party; ⑤ the name of the ship; ⑥ Loading port and unloading port; ⑦ Product name, mark, number of packages or pieces, weight or volume of the goods; ⑧ Date, place and number of copies of the bill of lading; ⑨ Payment of freight; ⑩ Signature of the carrier or its representative.

The main contents of the clauses on the back of the bill of lading: ① Jurisdiction and applicable law clause; ② Carrier liability clause; ③ Carrier's exemption clause; ④ Carrier's liability period clause; ⑤ Liability limit clause; ⑥ Special goods Terms; ⑦ Lien Clause; ⑧*** Same Average and New Jason Clause; ⑨ Both Parties are Responsible for Collision Clause. The bill of lading also contains clauses regarding war, quarantine, freezing, strikes, congestion, transshipment, etc.