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Contracts of carriage.

1) B/L is the main document in sea carriage. From the juridical point of view B/L has 3 functions: 1) a formal receipt by the Owner acknowledging that goods of the stated quantity and condition are shipped to a stated destination in a certain ship: 2) a memorandum of the contract of carriage repeating in detail the terms of contract which was in fact concluded prior to the signing of the B/L; 3) a document of title to the goods (It means – who owns the B/L owns the goods).

The B/L shall specify:

  • the name of the ship;

  • the name of the carrier;

  • the port of loading;

  • the name of the shipper;

  • the port of destination;

  • the name of the Consignee;

  • the designation ( description ) of the goods; their marking; the number of pieces; their weight or volume;

  • the amount of freight and other payments due to the Carrier;

  • the time and place of issue of the B/L;

  • the number of original Bs/L drawn up;

  • the signature of the Master and Agent;

There are many kinds of Bs/L, such as order B/L, straight B/L, B/L to bearer and Recta B/L.

If there is the clause in B/L “shipped in apparent good order and condition”, so it is called shipped on board B/L

Now days intermodal transportations widely spread and that’s why the Operators were to issue the Combined transport B/L. As a form of a Contract of Sea Carriage the liner B/L is used in the liner shipping. The Carrier can issue some original Bs/L according to Shipper’s will.

Clean B/L is a B/L, which doesn’t contain any clauses regarding violation of marking or damage to cargo.

  1. Charter-party is a document, which contains the terms of Sea Carriage and freighting of the vessel. Ch/p is signed between the owner or his Agent and the Charterer.

There are 3 types of Charter: voyage charter, time-charter and demise-charter or bareboat-charter.

The main part of charterers has a printed standard uniform where the space is remained for placing the following data: the freight; laytime; demurrage; ship’s gear; speed. There may be Addendums and Riders to the Charters.

The standard uniform is used for the carriage of the specific types of cargo, such as: grain, ore, timber, coal, oil, etc.

The standard uniforms can be agreed, adopted, recommended by BIMCO.

Chartering of vessel can be performed: “in full and complete cargo” and “in space charter”.

  1. Contract of affreightment. The Owner can make an agreement with the Charterer for carriage of big lots of cargo within the range in definite period. In accordance with the circumstances it is called sometimes “quantity contract” or “transport contract”.

Some voyages can be effected under this Contract. The Owner can use some vessels to perform his duties. The owner can take on board the supplementary cargo (deck cargo) or to load the cargo in the inverted voyage.

Dispatch/demurrage is counted on the term of reversible. Parties agree on a time of ceassation of the contract.

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