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1、第十五章第三节阅读练习256题1: failing to identify pre-shipment damage and neglecting to make appropriate notations on bills of lading will deprive the carrier of his rights,limitations and immunities under the contract of carriage and may prejudice club coverassertions are sometimes made by cargo interests that
2、 rust on a particular shipment is normal and will not affect its market valuesuch comments should be disregardedin all cases where a steel cargo is found to be rusty,it is imperative that remarks are made on the bills of lading,irrespective of the apparent severity of the rustthe bills of lading sho
3、uld also be claused to reflect any physical pre-shipment damage to the steel and/or wrappers ( bends , tears , crimps , dents , deformation , crushing) selecting the most appropriate clauses to describe pre-shipment damage is not always easy,and the attending surveyor should be consulted for advice
4、where possible,the clausing should list the identification marks of the damaged goods failing which the number of coils or packages should be quantifiedpercentage estimates regarding the number of damaged pieces should not be givenif it is not possible to identify the damaged goods specifically,the
5、words“some”or“several”may be acceptableany differences found between the ship and shore tally or ship and bill of lading figures must be noted on the bill of lading in the usual manner1. the clausing on b/l is to reflect and make notation of _ the cargoes and/or their wrappersaall damages incurred d
6、uring the carriage by sea toball possible damages to and/or losses ofcphysical pre-shipment damages todpre-shipment damages to2. the pre-shipment rusts for which there are assertions made by cargo interests that they are normal and would not affect the cargos market value shall _abe claused on the b
7、ill of ladingbnot be claused on the bill of ladingcbe disregardeddnot be disregarded3. the proper topic of this paragraph is _athe principles for clausing on bills of ladingblosses of and damages to steel cargoesclegal actions to be taken when losses of and damages tocargoes incurreddthe functions o
8、f clauses made on bills of lading4. this paragraph is most likely compiled to protect the interests of_athe carriersbthe shipperscthe merchantsdthe cargo owners2: mv magellan was inbound from rotterdam to berth 207 at southampton container terminalat 0530 the pilot boarded the shipat the nab tower p
9、ilot stationthe pilots and the masters passageplans were exchanged and the ships pilot card was given to thepilotthe passage continued along the east solent,during which time there were various vhf radio conversations between vessels and southampton vts,about restricted visibilitythe vts officer gav
10、e the pilot a countdown from 5 to 2 cables to the gurnard buoythis was given so that the pilot could judge the timing of the wheel-over manoeuvre for the 141 turn into the narrow thorn channelthe wheel-over occurred at about 0652 and the ship began to turnat this time,the w bramble and ne gurnard bu
11、oys,which are at the entrance to thorn channel,could not be seen because of restricted visibilityvarious helm and engine movements were made during the turnhowever,when w bramble and ne gurnard buoys appeared,the pilot realized that the ship was in the wrong position for the heading she was ondespit
12、e further helm and engine orders,the vessel grounded soon after,at 0700it was not until about 0710 that the escort harbor launch informed vts of the groundingwith the assistance of two tugs,the ship was refloated near the time of high water,and she safely berthed at 12325. mv magellan applied wheel
13、at _ to turn into the narrowthorn channela0530b0652c0700d07106. the important navigational mark or marks at the entrance to thethorn channel is(are)_asouthampton container terminalbthe east solentcthe nab towerdthe wbramble and ne gurnard buoys7. the suggestion of a countdown from 5 to 2 cables to t
14、he gurnardbuoy is _afor the pilot to judge easily when the wheel should be used to makethe turn into the narrow thorn channelbto remind the pilot that the depth around there is not sufficient formvmagellancto inform the pilot that the visibility around the buoy is reducedfurtherdto request the pilot
15、 that further consideration should be given to the8. wheel-over manoeuvre for the 141 turn it can be concluded that the cause of the grounding was that _athe bramble and ne gurnard buoys were disappearedbthe vhf radio conversations between vessels and southamptonvts,about restricted visibility,were
16、insufficient and impropercthorn channel was too narrowdthere was an error of judgment by the pilot during the execution of the turn into thorn channel3. the endorsement of a nonnegotiable bill does not make the bill negotiable or give the transferee any additional righta person to whom a nonnegotiab
17、le bill has been transferred by delivery and agreement to transfer title to the bill or to the goods which it represents acquires the title to the goods as against the transferorthe transferee may also notify the carrier of the transfer to him,and the carrier is then obligated directly to the transf
18、eree for any obligations the carrier owed to the transferor immediately before the notificationmore specifically,the carrier is liable to the owner of goods transported under a nonnegotiable bill,subject to the right of stoppage in transitbesides having to be the owner of the goods covered by the no
19、nnegotiable bill,the claimant in such a case must have actually relied in good faith on statements made by the carrier on the billthe carrier is liable for having stated on the bill that he received goods when in fact he had not,and for having delivered the goods in a quantity,kind,weight or conditi
20、on other than as stated on the bill in general,the carrier must deliver the goods on demand of the consignee named in a nonnegotiable bill of ladinghowever,on the endorsement of a nonnegotiable bill,the goods may be delivered to a party entitled to their possessionthe carrier is liable toward the pe
21、rson having title to,or a right to possession of,the goods for delivering them to a party not entitled to their possession9. the endorsement of a nonnegotiable bill transfers _athe title to the goods from the transferor to the transfereebthe title to the goods from the transferee to the transferorci
22、n no way the title to the goods from the transferor to thetransfereedthe goods to the party entitled to their possession10. the transferee of a nonnegotiable bill acquires the title to the goods _aby taking delivery of the bill and entering into an agreement to transfer title to the bill or to the g
23、oodsbby having the carrier actually delivered the goods to himcby having the transferor endorsed the nonnegotiable billdin no way11. in the event of a nonnegotiable bill has been actually transferred,if the carrier stated on the bill that he received goods when in fact he had not,_ is liableahebthe
24、transferorcthe transfereedthe person having title to,or a right to possession of,the goods12. if the goods were thus transferred,and the carrier delivered thegoods in a quantity,kind,weight or condition other than as statedon the bill,_ahe is liablebhe is not liablecit can not be determined whether
25、he is liable or notdwhether he is liable or not is to be determined by the law of theships flag4 162007 0900 ltmaster sidusdear captainquotesailing instructions for yr vesselthis is rsplatou,oslosubj:fixture of yr vslyou are kindly requested to proceed to sannicolas(position s 15 14,wo 75 14)to load
26、 blast furnace pellets for kaohsiung,taiwan(position n 2237,e 12015 ) stowage factor 0.461 cubic meters per metric tonne according to time charterer shougang hierro peru salaycan:16 oct/26 octquantity:full cargo terms:according to time charter nype:fio agent load port:consorcio empresarial agnav sat
27、elephone(0051)330-6605 fax:(0051)330-2664agent disch port : to be communicated to ushortlyreports:eta must be sent“minihierro”lima and tosan nicolas 5 days in advance,and confirmed 48hrs and 24 hrs before arrivalspecial attention:when contact made with theradio station oas at san juan,a pre-stowageh
28、atch list with sequence of loading to be sent toload port not less than 48 hrs in advancetheradio station will also communicate berthinginstructionson arrival supplier requires yourpre-stowage plan prior to loading,total cargo,estimated hatch tonnage,loading sequence,fuelwater and stores on board,dr
29、aught,stabilityand trim on finishing loading. deballasting:allowed at berth provided cleansubject to approval by port authoritysurveys : holds to be inspected beforeloading cargo officer to accompanyinspector on and off hire surveys requiredaccording to charter partyfurther instructions to followsho
30、rtlybest regards rotasj/knmend quote13. the nominated agent for the vessel at the loading port is _aminihierrobconsorcio empresarial agnav sacsan nicolasdsan juan14. the berthing instructions will be obtained from _athe agent at the loading portbdischarge port authoritycfurther instructions to follo
31、w shortlydthe radio station oas at san juan15. on and off hire surveys should be carried out _ain accordance with the charter-partybas per further instructionscby the cargo officer on boardd48 hours prior to arrival at the loading port16. according to this fixture,_athe vessel is not liable for the
32、expenses of loading and dischargingbthe cargo will be discharged at san nicolascthe freight of this voyage is likely to be charged as permeasurement tonnage of the cargodthe canceling date of this fixture is 16 oct5 a passenger ship safety certificate shall be issued for a period notexceeding 12 mon
33、thsa cargo ship safety construction certificate,cargo ship safety equipment certificate and cargo ship safetyradio certificate shall be issued for a period specified by theadministration which shall not exceed five yearsan exemption certificate shall not be valid for longer than the periodof the cer
34、tificate to which it refers(i )when the renewal survey iscompleted within three months before the expiry date of the existingcertificate,the new certificate shall be valid from the date ofcompletion of the renewal survey to:(1 )for a passenger ship,a datenot exceeding 12 months from the date of expi
35、ry of the existingcertificate;(2 )for a cargo ship,a date not exceeding five years fromthe date of expiry of the existing certificate;(ii)when the renewalsurvey is completed after the expiry date of the existing certificate,the new certificate shall be valid from the date of completion of therenewal
36、 survey to:(1 )for a passenger ship,a date not exceeding 12months from the date of expiry of the existing certificate;(2)for acargo ship,a date not exceeding five years from the date of expiry ofthe existing certificate;(iii)when the renewal survey is completedmore than three months before the expir
37、y date of the existingcertificate,the new certificate shall be valid from the date ofcompletion of the renewal survey to:(1 )for a passenger ship,a datenot exceeding 12 months from the date of completion of the renewalsurvey;(2 )for a cargo ship,a date not exceeding five years from thedate of comple
38、tion of the renewal survey17. the valid period of an exemption certificate for cargo ship safety equipment certificate shall be _alonger than five yearsbshorter than five yearsclonger than 12 monthsdshorter than 12 months18. when the renewal survey is completed within one month before theexpiry date
39、 of the existing cargo ship safety constructioncertificate,the new certificate shall be valid _afrom the date of completion of the renewal survey to a date notexceeding 12 months from the date of expiry of the existingcertificatebfrom the date of completion of the renewal survey to a date notexceedi
40、ng five years from the date of expiry of the existing certificatecfrom the date of expiry of the existing certificate to a date notexceeding12 months from the datedfrom the date of expiry of the existing certificate to a date notexceeding five years from the date19. when the renewal survey is comple
41、ted on a date which is 99 days before the expiry date of the existing cargo ship safety radiocertificate,the new certificate shall be valid _afrom the date of completion of the renewal survey to a date notexceeding 12 months from the date of expiry of the existingcertificatebfrom the date of complet
42、ion of the renewal survey to a date notexceeding five years from the date of expiry of the existing certificatecfrom the date of expiry of the existing certificate to a date notexceeding12 months from the datedfrom the date of completion of the renewal survey to a date notexceeding five years from t
43、hat date20. it can be concluded that the actual period of validity of a newpassenger ship safety certificate is less than 12 months if therenewal survey is completed _a4 months before its expiry dateb3 months before its expiry datec2 months before its expiry datedafter its expiry date6: an aircraft
44、lift on board rfa argus was loaded beyond its safe working load of 18.4 tonnesthere were no injuries to any personnel,or material damage to the ship or its equipment during a planned stay in port,500 compressed co2 cylinders were required to be landedthese were normally stowed on a lower deck and ne
45、eded to be transferred to the weather deck before being taken ashorebefore the vessels arrival in port,the planned operation was discussed between various officers and senior ratings,one of whomwas to supervise final discharge of the cylinders from the shiponce in port,a senior rating gave instructi
46、ons to three juniors to transfer a number of cylinders to the weather deckhe then left them alone to load the cylinders onto the platform of an aircraft liftthe cylinders weighed 19.95 tonnes,which was greater than they had been instructed to loadin addition to this excess weight they added a fork l
47、ift truck weighing 5.5 tonnesthe lift was then raisedwhen it reached the weather deck,the lift was unable to stow at the correct levelwhen investigated it was discovered that the load of both co2 bottles and the fork lift truck was greater than its safe working load(swl)and this had prevented the lo
48、cking cleats at the flight deck(weather deck)engagingthe lift was taken out of service for testing and inspection21. the safe working load of the aircraft lift is _ tonnesa18.4b19.95c5.5d50022. the aircraft lift was overloaded by a weight which is _ more than its swl.a1.55b3.95c5.5d7.0523. it was th
49、e _ that had prevented the locking cleats at the flight deck(weather deck)engagingafork liftbco2 bottlescoverloaded weightdthe three juniors24. it is implied in the passage that _athe lift should be raised slowly to avoid the accidentbthe aircraft lift on board rfa argus should be driven by superpow
50、ercthe senior rating should give instructions in more detail to the three juniors to transfer a number of cylinders to the weather deckdif the unloading operation was supervised by an officer who has sufficient experience of the loads,lifting equipment and the overall operation,the accident would ha
51、d been avoided7 coastal conditionsthe area described in the volume presents the mariner with a generally adverse combination of navigational factors which are outline belowlocal topographythe dover strait is shallow and only is 18 miles wide at its narrowest pointpassage through the strait is furthe
52、r constricted by a series of narrow banks,running ne-swthe seabed is also littered with wrecksnatural conditionsthere are strong tidal streams in the straitsea level may differ from that predicted and in particular may be lower than expected due to negative tidal surgesthe area is also subject to ga
53、les and poor visibility risk of collisionthere is a high risk of collision caused by the density of vessel traffic on passage through the strait,including deep-draught vessels,and crossing traffic,including ferries and high speed craftmine danger area. there are two areas off the n coast of france,w
54、hich remain dangerous because of mines lied in the war of 1939-1945due to the lapse of time the risk to surface navigation is now considered to be no more dangerous than that the ordinary risks of navigation but a very real risk still exists with regard to anchoring,fishing or any form submarine or
55、seabed activity25. the crossing traffic in the dover strait is probably running _ane-swbse-nwcn-sde-w26. according to the passage,the risk of collision in the dover strait is caused by _agales and poor visibilityba series of narrow bankscthe density of vessel traffic on passage through the strait an
56、dcrossing trafficda generally adverse combination of navigational factors27. it is inferred that _aalthough the tidal streams in dover strait is strong,there were few ships sunk in itbmost of the wrecks in dover strait were deep-draught vessels,ferries and high speed craftcthe wrecks are not dangers
57、 to surface navigationdthere were many ships sunk in dover strait28. it is implied in the passage that _amine is not a danger to surface navigation in dover straitbthe width of dover strait is not so narrowcthe natural conditions in dover strait are too serousdcollision with deep-draught vessels or ferries
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