国际贸易法英文版双语教学课件Chapte12

1、International Multimodal TransportInternational Multimodal TransI. Freight Forwarder-Agent or Principal The freight forwarder .sometimes called also road transport operator .air cargo agent and multimodal transport operator ,assumes a number of different roles . 1.Ideally , the transport document is

2、sued by the forwarder should expressly indicate capacity :that is ,whether he is acting as agent for the consignor or as principal . The question is resolved by looking to other factors such as:( a)The type of transport document .( b)The charges .( c)The language used by the consignor and the forwar

3、der .( d)The extent and frequency of communication between the consignor and the forwarder .2.I. Freight Forwarder-Agent orI. Freight Forwarder-Agent or Principal ( e)Past course of dealings between the forwarder and the consignor . ( e)Past course of dealings between the forwarder and the consignor

4、 . 2.In the event of the forwarder acting as agent ,the consignor is in a direct contractual relationship with the carrier performing the different segments of the multimodal transport operation .The issue of whom to sue in the event of loss or damage is dependent on the kind of transport document i

5、ssued by the contracting carrier : ( a)The contracting carrier may issue a FIATA Bill or a multimodal transport document that incorporates the UNCTAD ICC Rules 1992 .( b)The contracting carrier may issue a through bill of lading .3.I. Freight Forwarder-Agent orI. Freight Forwarder-Agent or Principal

6、 As an agent ,the forwarder will be expected to act in accordance within the express or implied authority given to him .He must also exercise reasonable skill and care in the performance of his duties .1.Where the forwarder has acted negligently ,the principal will be able to sue him for damages .In

7、 the event of fraud ,the principal can sue him for fraud and conspiracy or sue to recover the profit made by him . 2.A .Responsibilities and Liabilities of an Agent I. Freight Forwarder-Agent orI. Freight Forwarder-Agent or Principal As an agent ,the forwarder is not liable ( personally)to the carri

8、er for freight charges ,customs duties ,etc .unless there is an established custom .The agent has the right to be indemnified for the expenses heincurs in carrying out his principals instructions . The agreed remuneration must be paid by the principal to the agent .Where he is not paid ,the agent ca

9、n sue the principal for the sum due .1.B .Agents Rights I. Freight Forwarder-Agent orI. Freight Forwarder-Agent or Principal As an agent ,the forwarder is not liable ( personally)to the carrier for freight charges ,customs duties ,etc .unless there is an established custom .The agent has the right t

10、o be indemnified for the expenses heincurs in carrying out his principals instructions . The agreed remuneration must be paid by the principal to the agent .Where he is not paid ,the agent can sue the principal for the sum due .1.B .Agents Rights I. Freight Forwarder-Agent orII. Unification Efforts

11、by the IndustryApplicability of the ConditionsThe Conditions for use by members ,need to be incorporated into the contract . Express incorporation is the ideal method .However ,they may be incorporated impliedly or otherwise .1.A .BIFA Standard Trading Conditions Responsibilities and Liabilities of

12、the ForwarderThe forwarder in his capacity of principal is responsible for the goods from the time of taking charge of them to the time of delivery .In other words ,he remains responsible for the goods while they are in his2.II. Unification Efforts by thII. Unification Efforts by the Industrycontrol

13、 .The forwarder is required to perform his duties with a reasonable degree of care ,diligence .skill and judgment .In other words .he should not be negligent in performing his duties in relation to the goods from the point of receipt to the point of delivery .2.A .BIFA Standard Trading Conditions Fo

14、rwarders RightsThe contract will normally specify the charges to be paid by the consignor to the for warder .The Conditions require the customer to pay all sums as and when they are due in cash or as otherwise3.II. Unification Efforts by thII. Unification Efforts by the Industryagreed .Where this is

15、 not paid ,the Conditions create a general lien on goods and documents in his possession .In other words ,the forwarder can hold on to the goods and documents till the sums due are paid by the customer or owner .The forwarder has the right to sell the goods on 28 days notice in writing . Right of sa

16、le is also imparted under the Conditions in a number of situations ,that is : ( a)where the cargo has perished or is in danger of perishing and likely to cause damage to third parties or contravene regulations ;and ( b)where goods are not collected or the person supposed to take delivery is not trac

17、eable . 3.A .BIFA Standard Trading Conditions II. Unification Efforts by thII. Unification Efforts by the IndustryResponsibilities and Liabilities of the ConsignorThe consignor is responsible for providing accurate and adequate descriptions of the goods and must pack the goods adequately ,mark and l

18、abel them properly .4.A .BIFA Standard Trading Conditions II. Unification Efforts by thII. Unification Efforts by the IndustryWhere the Conditions apply ,the cargo owner must institute proceedings within nine months of the event giving rise to a cause of action .The argo owner is also required to ma

19、ke his claim in writing to the forwarder within 14 days of the date on which the cargo owner became aware of the event giving rise to the claim .unless he can show that it was not possible for him to do so within the time limit . 1.B .Time Limit ,Jurisdiction and Applicable Law II. Unification Effor

20、ts by thIII. FIATA Negotiable Multimodal Bill of Lading The provisions of the FIATA Bill apply when parties agree to contract on these terms .The terms assume that the freight forwarder ( defined as multimodal transport operator who issues the bill .is named on the face of the document and assumes l

21、iability for the multimodal transport contract as a carrier )is the principal .They govern carriage of all types of cargo ,including live animals .They apply equally where one mode of transport is used to carry the cargo . 1.A .Applicability of FIATA Bill Terms III. FIATA Negotiable MultimoIII. FIAT

22、A Negotiable Multimodal Bill of Lading The freight forwarder is responsible for the cargo from the moment he takes the goods in his charge to the time of delivery .He does .however .have the right to choose the method of transportation ,the route and the procedure of handling and storage of the good

23、s .1.B .Responsibilities ,Liabilities and Rights of the Freight Forwarder However ,where there is carriage by sea or inland waters ,the forwarder is allowed two more defences :( a)act , neglect ,or default of the master ,mariner ,pilot or the servants of the carrier in the navigation or in2.III. FIA

24、TA Negotiable MultimoIII. FIATA Negotiable Multimodal Bill of Lading the management of the ship ;( b)fire ,unless caused by the actual fault or privity of the carrier ,however ,always provided that whenever loss or damage has resulted from unseaworthiness of the ship ,the freight forwarder can prove

25、 that due diligence has been exercised to make the ship seaworthy at the commencement of the voyage.2.B .Responsibilities ,Liabilities and Rights of the Freight Forwarder The consignor is responsible for the accurate description , marks , quantity weight , etc ,of the goods and the consignor remains

26、 liable to the freight forwarder for any loss of damage he may have suffered even though the document is transferred to the consignee .1.C .Consignors Responsibilities III. FIATA Negotiable MultimoIII. FIATA Negotiable Multimodal Bill of Lading An action would be time barred if it is not brought wit

27、hin nine months after the delivery of the goods or the date when the goods should have been delivered or the date when the goods could be treated as lost . 2.C .Consignors Responsibilities The Multimodal Convention is designed to introduce a uniform liability scheme .The liability of the multimodal

28、transport operator is therefore not dependant on establishing during which mode of transport the loss or1.D .The United Nations Convention on International Multimodal Transport 1980 III. FIATA Negotiable MultimoIII. FIATA Negotiable Multimodal Bill of Lading damage occurred .It adopts a simple schem

29、e :The multimodal transport operator is responsible for loss ,damage or delay in delivery while the goods are in his control-that is ,from the time he takes them in his charge to the time of delivery .The basis of the multimodal transport operators liability is one of presumed faults or neglect .1.D .The United Nations Convention on International Multimodal Transport 1980 The above simplicity in respect of liability does not mean that the Multimodal Convention is the perfect solution to a complex situation .It has its fair