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1、Chapter 5: Intl Cargo TransportLearning Outcomes After reading this chapter, you should be able to1.Understand the importance of ocean transportation and how liner freight is obtained 2.Know other modes of transportation in terms of their features, suitability and freight calculation 3.Be aware of t
2、he importance of ocean bill of lading and its different types 4.Describe a range of other transportation documents 5.Stipulate delivery clause in a sales contractChapter 5: Intl Cargo Transport Transportation is one the most important factors in export process. Without transportation, goods are not
3、able to be carried from the exporting country to the importing country. With development of modern technology in transportation, speed and capacity for shipment has been largely improved and modes of transportation have been greatly varied, which, of course, contribute a lot to the expansion of intl
4、 trade. As most world trade is conveyed by sea transport, exporters and importers are more concerned with transport by sea than in other way. Chapter 5: Intl Cargo Transport Ocean Carriage, also called Ocean Transportation (Shipping), or Marine Transportation, is the most widely used mode of transpo
5、rtation in intl trade as well as the most efficient form in terms of energy. Ocean carriage still has the attraction of being a cheap mode of transport for delivering large quantities of goods over long distances. However, it is slow, vulnerable to bad weather and less punctual if compared with othe
6、r mode transports. Ocean transportation is well regulated by the Intl Maritime Organization (IMO-国际海事组织国际海事组织). 5.1 Modes of Transport The commonly used modes of transporting export goods are ocean transport, air transport, rail transport, road transport , intl multimodal transport. 5.1 Modes of Tra
7、nsport Ocean Carriage (Transport/Transportation) Ocean transport is mostly preferred in cargo transportation due to its low freight cost and large capacity. However, it is comparatively slow (as compared with air), vulnerable to bad weather and inefficient in punctuality. There are two main types of
8、 ocean transport: Liner transportation (班轮运输班轮运输)and charter transportation(包租船运输包租船运输), of which liner transportation is more commonly used in intl trade.5.1.1 Liner Transportation Liner transportation A liner (a regular shipping liner) is a vessel regular sailings and arrivals and sails on a fixed
9、 (regular) sailing route and calls at fixed base ports. It adopts a comparatively fixed timetable and charges at comparatively fixed freight rates. Types of Liners Liners can normally be classified into two types: Conference line Vessels and non-conference line Vessels. P94 and P955.1 Modes of Trans
10、port Charter Transportation Charter is another type of ocean transportation that is more suitable for carrying bulk cargo in large quantity. Different from a liner, a charter vessel does not follow a fixed route or timetable and its freight will be charged on the volume of cargo carried at a rate ag
11、reed in the charter party. In the event of the charter transportation, the ship-owner and the charterer shall sign a contract of carriage, known as charter party. It stipulates the rights and obligations of the two parties and includes such information as the name of the 5.1 Modes of Transport contr
12、act parties, the ship conditions, voyage, charter freight, division of loading and unloading cost, stipulation concerning lay days, demurrage and dispatch and freight payment. Charter vessels usually fall into three types: voyage charter(定程租船定程租船), time charter(定期租船定期租船) and bare boat charter(光船租赁光船
13、租赁). P96-975.1 Modes of Transport Freight Rates p97-98 In practice, most shipping companies calculate freight rates on a weight or volume basis. The shipping company quotes per freight ton W/M at ships option. 1. Weight 2. Measurement 3. Ad valorem p98 stowage factor = volume/gross weight 积载系数积载系数 =
14、 = 体积体积 / / 毛重毛重 If stowage factor is 1, that means the cargo is dead-weight cargo(轻货轻货), if it is 1, the cargo is measurement cargo(重货重货). Special surcharge(附加费附加费): Extra charges on Heavy lifts (heavy lift additional) 超重超重 Extra charges on over lengths 超长超长 Additional on optional discharging port变
15、更卸货港变更卸货港 Direct Additional/surcharge 直航直航 Transshiment Additional /surcharge 转船转船 Port additional 港口港口 Deviation surcharge绕航绕航 Port congestion surcharge 港口拥挤费港口拥挤费 Cleaning or fumigation charge 洗舱费洗舱费/熏蒸费熏蒸费 Ice surcharge 冰冻冰冻5.1 Modes of Transport Air Transport Air transportation is one of the lat
16、est developed forms of distribution. It provides quick and reliable service for the carriage of goods, thus minimizing the risk of damage, pilferage and storage of goods. However, the disadvantage of air transportation is also obvious: high operating cost, limited capacity and vulnerability to bad w
17、eather. These disadvantages make it only suitable for transporting small quantity of goods of high value and low weight ratio, or goods in urgent need. Types of air transport: P1005.1 Modes of Transport Rail Transport Rail transport is a major mode of transport in terms of capacity, only second to o
18、cean transport. Road Transport Inland Waterway Transport Container Transport Intl Multimodal Transport Time of Shipment and Time of Delivery For all shipment contracts, time of shipment is time of delivery. They can be used interchangeably in the contract. According to Incoterms 2010, contracts conc
19、luded on the basis of terms like FOB, CFR, CIF, FCA, CPT and CIP are shipment contracts. Under shipment contract, the seller fulfills his obligation of delivery when the goods are shipped on board the vessel or delivered to the carrier and the seller only bears all risks prior to shipment. The deliv
20、ery of goods under a shipment contract implies a symbolic delivery. Delivery is a symbolic one when the delivery of goods is symbolically made by means of 5.2 Clause of Shipment-Time of Shipment the transfer of documents instead of the actual transfer of goods. For all arrival contracts, time of shi
21、pment and time of delivery are two completely different concepts and time of delivery should be stipulated in contract. According to Incoterms 2010, arrival contracts differ from shipment contract is that seller should be responsible for all risks of bringing the goods to the named destination. Arri
22、val contracts usually suggest actual delivery. Actual delivery is made when the goods are actually delivered from the seller to the buyer. 5.2 Clause of Shipment-Time of Shipment Time of shipment is the deadline by which the seller makes shipment of the contracted goods, so it is a very important cl
23、ause in a contract. There are two ways of stipulating time of delivery in the contract: one is clearly specifying a period of time or a deadline, the other is setting a time period between the shipment and the deadline by which the relevant L/C must reach the seller. For example: Specifying a fixed
24、period of time or a deadline Shipment is to be made during Jan./Feb. 2015 Shipment not later than 31st July, 2015 5.2 Clause of Shipment-Time of Shipment Setting a time period upon receipt of payment Shipment is to be made within 30 days after receipt of the L/C. The relevant L/C must reach the sell
25、er not later than 30th June, 2012. When stipulating the time of shipment, try to avoid ambiguous phrases as “immediate shipment”, “prompt shipment”, as they may lead to future disputes. And stipulation like “shipment on May 15th” must be also avoided because it leaves little flexibility of time to t
26、he seller. 5.2 Clause of Shipment-Time of Shipment 5.2 Clause of Shipment-Port of Shipment and Port of Destination Port of shipment The port of shipment is always stipulated in an export contract. In the case of shipment contracts based on FOB, CFR, CIF or FCA, CPT, CIP, the delivery of the goods is
27、 always at the port of shipment when the goods are loaded on board the vessel or at the named place when the goods are delivered to the carrier nominated by the buyer. It is usual practice to designate only one port of shipment in one transaction. When large amounts of goods are involved and, in par
28、ticular, the goods are manufactured or stored at different place, two or more ports of shipment are also specified. Port of Destination The port of destination is usually determined by the buyer and confirmed by the seller. Normally, one specific port of destination is stipulated. However, sometimes
29、 the seller may accept two or more optional ports to meet the buyers special requirements. When a buyer can not, at the time of contracting, make the decision as to the port of destination, optional ports are set forth in the contract. In case the “optional port” is adopted, it is advisable for the
30、exporter to provide no more than 3 ports of destination for the importer to choose from. Otherwise, it would be difficult to book the shipping space.5.2 Clause of Shipment-Port of Shipment and Port of Destination5.2 Clause of Shipment - Partial Shipment Shipping Advice p104 Partial Shipment and Tran
31、sshipment Partial Shipment It means the commodities under a contract are to be shipped in more than one lot. In contract, it should be defined in the clause of shipment whether “partial shipment is (or is not) allowed”. Meanwhile, the time and quantity of each shipment should be specified. According
32、 to UCP600 article 31: A presentation consisting of more than one set of transport documents evidencing shipment commencing on the same means of conveyance and for the same journey, provided they indicate the same destination, will not be regarded as covering a partial shipment, even if they indicat
33、e different dates of shipment or different ports of loading, places of taking in charge or dispatch. If the presentation consists of more than one set of transport documents, the latest date of shipment as evidenced on any of the sets of transport documents will be regarded as the date of shipment.表
34、明使用同一运输工具并经由同次航程运输的数套运输单据在同一次表明使用同一运输工具并经由同次航程运输的数套运输单据在同一次提交时,只要显示相同目的地,将不视为部分发运,即使运输单据上提交时,只要显示相同目的地,将不视为部分发运,即使运输单据上标明的发运日期不标明的发运日期不同同或装卸港、接管地或发送地点不同。如果交单由或装卸港、接管地或发送地点不同。如果交单由数套运输单据构成,其中最晚的一个发运日将被视为发运日。数套运输单据构成,其中最晚的一个发运日将被视为发运日。5.2 Clause of Shipment - Partial Shipment A presentation consisting
35、 of one or more sets of transport documents evidencing shipment on more than one means of conveyance within the same mode of transport will be regarded as covering a partial shipment, even if the means of conveyance leave on the same day for the same destination. 含有一套或数套运输单据的交单,如果表明在同一种运输含有一套或数套运输单据
36、的交单,如果表明在同一种运输方式下经由数件运输工具运输,即使运输工具在同一天出方式下经由数件运输工具运输,即使运输工具在同一天出发运往同一目的地,仍将被视为部分发运。发运往同一目的地,仍将被视为部分发运。5.2 Clause of Shipment - Partial Shipment Article 32: If a drawing or shipment by installments within given periods is stipulated in the credit and any installment is not drawn or shipped within the
37、 period allowed for that installment, the credit ceases to be available for that and any subsequent installment. 如信用证规定在指定的时间段内分期支款或分期发运,如信用证规定在指定的时间段内分期支款或分期发运,任何一期未按信用证规定期限支取或发运时,信用证对任何一期未按信用证规定期限支取或发运时,信用证对该期及以后各期均告失效。该期及以后各期均告失效。5.2 Clause of Shipment - Partial Shipment Transshipment It means un
38、loading and reloading from one vessel to another during the course of ocean carriage from the port of discharge stipulated. The clause must also specify whether “Transshipment is (or is not) allowed”. According to UCP600 article 19 c:5.2 Clause of Shipment Transshipment Shipment i. A transport docum
39、ent may indicate that the goods will or may be transhiped provided that the entire carriage is covered by one and the same transport document. i. i.只要同一运输单据包括运输全程,则运输单据可以注明只要同一运输单据包括运输全程,则运输单据可以注明货物将被转运或可被转运。货物将被转运或可被转运。 ii. A transport document indicating that transhipment will or may take place is
40、 acceptable, even if the credit prohibits transhipment. ii. ii. 即使信用证禁止转运,银行也将接受注明转运将发生即使信用证禁止转运,银行也将接受注明转运将发生或可能发生的运输单据。或可能发生的运输单据。5.2 Clause of Shipment Transshipment Shipment Article 20 c ii. A bill of lading indicating that transhipment will or may take place is acceptable, even if the credit pr
41、ohibits transhipment, if the goods have been shipped in a container, trailer or LASH barge as evidenced by the bill of lading. 银行可以接受注明将要发生或可能发生转运的非转让海运银行可以接受注明将要发生或可能发生转运的非转让海运单。即使信用证禁止转运,只要非转让海运单上证实有关单。即使信用证禁止转运,只要非转让海运单上证实有关货物已由集装箱、拖车或子母船运输,银行仍可接受注明货物已由集装箱、拖车或子母船运输,银行仍可接受注明将要发生或可能发生转运的非转让海运单。将要发生
42、或可能发生转运的非转让海运单。5.2 Clause of Shipment Transshipment Shipment Lay time, Demurrage and Dispatch As far as voyage charter is concerned, the time needed for loading and unloading is directly related to the interest of the ship-owner. If loading or unloading is delayed, the ship-owner has to bear additio
43、nal costs resulted from the low turnover rate of the ship. If it is advanced, the ship-owner is benefited from less port charge and the high turnover rate of the ship. Therefore to safeguard his interest, the ship-owner will stipulate lay time and rate of loading and unloading together with the rewa
44、rd for dispatch and punishment for demurrage in the charter party. 5.2 Lay time, Demurrage and Dispatch Lay time (装卸时间装卸时间) Lay time is the time allowed for the completion of loading and unloading, and it is usually expressed by days or hours. There are three ways of stipulating laytime. Days or Run
45、ning Days(按连续按连续日日): A day here refers to a natural (or calendar day) day consisting of 24 consecutive hours. Since no matter whether it is suitable for loading or unloading (e.g. bad weather, other force majeure events) or it is weekends or any other holidays, a day is counted as a day for lay time
46、. The method is not favorable to the charterer in a charter party or the party responsible for loading or unloading in a sales contract. 5.2 Lay time, Demurrage and Dispatch Weather Working Days of 24 Hours (好天气好天气工作日工作日) When the actual hours suitable for loading and unloading (excluding bad weathe
47、r, Sundays, holidays) amount to some hours (16 or 24 hours, based on the customary working hours), the hours then is regarded as one weather working day. The method is more favorable to the ship-owner or the charter party in a sales contract since not only bad weather hour not suitable for loading o
48、r unloading can be counted as the time used, but also unworking hour can be deducted. 5.2 Lay time, Demurrage and Dispatch Weather Working Days of 24 Consecutive Hours (连续连续2424小时好天气工作日小时好天气工作日) A weather working day of 24 consecutive hours refers to 24 consecutive hours suitable for loading and unl
49、oading (excluding the bad weather time period) irrespective of customary working hours for loading and unloading of a specific port. This is more suitable for ports where 24 consecutive hours can be used for loading and unloading of goods. 5.2 Lay time, Demurrage and Dispatch5.2 Demurrage and Dispat
50、ch Demurrage(滞期费滞期费) Demurrage is the amount of money paid as a penalty at an agreed rage by the charterer to compensate the ship-owner for his losses in case the charterer fails to have loading and unloading completed within the lay time. Dispatch (速遣费速遣费) Dispatch is the amount of money paid as a
51、bonus by the ship-owner to the charterer if they get loading and unloading done ahead of schedule. Normally dispatch money is half the demurrage. 5.3 Major Shipping Documents Transportation documents refer to the contract of carriage made between the shipper and the carrier. By the evidence of a tra
52、nsportation document, a shipper undertakes the payment of freight and the carrier undertakes the liability to carry the cargo to the place of destination as stipulated in the contract. As bill of lading is the main transportation documents for ocean transportation, the focus of this section will be
53、devoted to the introduction of its functions, contents and types. 5.3 Major Shipping Documents-Bill of Lading Whats Ocean Bill of Lading? It is a document which is issued by an ocean carrier to a shipper with whom the carrier has entered into a contract for the carriage of goods. Function of Bill of
54、 Lading: First, it is a cargo receipt: second, it is evidence of a contract of carriage; and finally, it is a document of title to the goods. A Receipt of Cargo A bill of lading is a cargo receipt. It is a receipt issued by a carrier evidencing that a consignment of goods has been received at his di
55、sposal for shipment, or actually loaded on board the ship. Thus a bill of lading will show the quantity and condition of the cargo loaded. In intl trade practice, the info. about goods is normally provided by the shipper and confirmed by the carrier as the goods are transferred to him or loaded aboa
56、rd the ship. However, the carrier is responsible only for the apparent compliance rather than the contents packed inside, that is, a carrier simply makes sure that the labels comply with the goods listed and that the packages are in in good condition. 5.3 Major Shipping Documents-Bill of Lading An E
57、vidence of Contract of Carriage A bill of lading is an evidence of a contract of carriage. It states all the terms and conditions of the contract of carriage. Therefore, a bill of lading is the major evidence of duties and obligations of both parties. 5.3 Major Shipping Documents-Bill of Lading A Do
58、cument Title to the goods A bill of lading is a document of title to the goods, that is, the legal owner of a bill of lading holds legal possession of the goods described in it. The legal holder of the bill of lading is given the right to obtain delivery of the goods at the port of destination. For
59、this function, the goods still in transit can be transferred from one owner to another through the transfer of bill of lading, or to apply for a loan to the bank by negotiation. 5.3 Major Shipping Documents-Bill of Lading Types of Bills of Lading Bills of Lading can be classified into various forms
60、according to different standards: 1. Shipped B/L and Received for shipment B/L 已装船提单和备运提单已装船提单和备运提单 According to whether the goods have been loaded on board the carrying vessel, bills of lading can be classified into shipped (or on board) B/L and received for shipment B/L A shipped B/L refers to the
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