Trailer is a trailer with one or more axles, which is meant to be coupled to a tractor unit or to a dolly; it is transported to the port of loading by the Contracting Shipper’s tractor unit, then on a vessel to the port of destination by the Carrier, and from there by the Consignee’s tractor unit. In these Shipping Terms, the term “trailer” also means other equivalent wheeled largesized unit load. Show Container is a container as defined in the Container Safety Convention (CSC). In these Terms ‘a container’ also means a demountable body as defined in the EU standards, or other largesized unit load which can be handled similarly to a container, which is on a flat and which the Carrier has accepted to transport. Conventional means of cargo handling is a method of cargo handling in which the cargo is lifted over the vessel’s rail either by a crane on land or by a crane on board the vessel. Means of transport is a means of transport used is land transport such as a truck, train or other corresponding vehicle. Contracting Shipper is that party of the Contract of Carriage who has made a contract with the Carrier for the carriage of goods by sea. Usually the Contracting Shipper acts either as the actual shipper or the Consignee, or as their principal. In these Shipping Terms, the term ‘Contracting Shipper’ means the Contracting Shipper as defined in Chapter 13, Carriage of Goods, of the Finnish maritime Code, or, depending on the circumstances, the charterer in a voyage charter. Carrier is that party of the Contract of Carriage who has undertaken to perform a carriage on terms agreed with the Contracting Shipper. It covers also any person or company acting on his behalf. In these Shipping Terms, the term ‘Carrier’ means the Carrier as defined in Chapter 13, Carriage of Goods, of the Finnish Maritime Code, or, depending on the circumstances, the Carrier in a voyage charter. Roll-on/roll-off transport is any transportation done on a ro-ro-unit. Large-sized unit load is a large-sized, mechanically handled unit of transport which often consists of smaller units of transport. In the Gate Term and the C/Y Term, the large-sized unit load is a unit load similar to a container and which can be handled in the same manner. In the Trailer Term, the mentioned large-sized unit load is a large, wheeled unit load similar to a trailer. Stipulated time is the time within which the Contracting Shipper or the Carrier must deliver the goods to the other party. It can be an exact point of time, a date or a period of time e.g. a week. If it is not separately agreed, the Carrier defines or gives notice when or by which time the Contracting Shipper must deliver the goods to the Carrier in the port of loading, or the Consignee must take delivery of the goods in the port of discharge. In the port of loading, the aforementioned defining, giving notice or agreeing takes place between the Carrier and the Contracting Shipper or the Shipper. In the port of discharge, it takes place usually between the Carrier and the Consignee. Goods in these Shipping Terms means also an article of transport (a container, a flat etc.) which the Contracting Shipper has provided and on which the goods have been loaded. ‘Rent-free period’ is the time granted by port and/or port operator for preparing the handling of goods, containers or trailers before loading or after discharge. Warehouse is a shed, a storage yard or terminal or, in container transport, a container yard or a container freight station in a port. Consignee is the one, who, on grounds of the Contract of Carriage, the transport document or the law, has the right to take delivery of the goods from the Carrier in the port of destination. The obligations and liabilities of other parties but those mentioned in these Shipping Terms are determined on the basis of the applicable law. In all legal systems, the peculiar liabilities imposed on carriers extend only for the duration of the carriage, that is, from the time the goods are delivered to the carrier for shipment until the carrier has taken all reasonable steps to deliver them to the consignee. This means that the carrier is not under his liability as a carrier
for the whole time during which the goods may be in his possession. Indeed, goods may be delivered to a carrier for safekeeping before the carriage begins or after it terminates in accordance with the terms of a special contract that may qualify as bailment in common-law jurisdictions and as a deposit in civil-law countries. Further, goods may be in the possession of the carrier because the consignee has unjustifiedly refused to take delivery, in which case the carrier may occupy the position of
an involuntary bailee or depositary. Generally, a carrier who is in possession of the goods before the beginning or after the end of the carriage is a warehouseman, and he is liable accordingly. In common-law jurisdictions the liability of a warehouseman is that of an ordinary bailee. In most cases a bailee, namely, a person entrusted with the goods of another, is not liable for the loss of or damage to the goods in his
possession, unless the prejudice was caused by his intentional misconduct or negligence. In civil-law jurisdictions, if the parties agree that the carrier shall be in possession of the goods as a warehouseman before the beginning or after the end of the carriage, they form in effect a contract of deposit for reward, which is distinguishable from a contract of carriage. The
elements of the contract of deposit and the rights and liabilities of the parties are dealt with in civil codes; exoneration clauses are valid under the conditions of the general law, and the period of limitation of actions is longer than one year. The depositary for reward is generally liable for intentional misconduct and negligence. Damages for the breach or nonperformance of a contract of carriage ordinarily are determined by application of the general rules of the law of contracts. Exceptional provisions applicable in case of breach of a contract of carriage are rare; they are mostly encountered in international conventions. Bills of ladingMany shipments are made under bills of lading, issued by the carrier to the shipper upon delivery of the goods for shipment. The shipper is entitled to demand issuance of a bill of lading, unless his right is excluded by the contract of carriage. The bill of lading is, in the first place, an acknowledgment by a carrier that he has received the goods for shipment. Secondly, the bill of lading is either a contract of carriage or evidence of a contract of carriage. Thirdly, if the bill of lading is negotiable, as usually happens in carriage by sea, it controls possession of the goods and is one of the indispensable documents in financing the movement of commodities and merchandise throughout the world. The bill of lading usually states the quantity, weight, measurements, and other pertinent information concerning the goods shipped. It frequently contains the statement that the goods have been shipped in apparent good order and condition. In this case, the carrier is not allowed to contradict the statement as to defects that were reasonably ascertainable at the time of delivery against an endorsee of the bill who relied on the statement. The bill of lading may be signed by the master or by a broker as agent of the carrier. As a receipt, the bill of lading is prima facie evidence that the goods have been delivered to the carrier; the burden of proof of nondelivery thus rests on the carrier. In some jurisdictions the bill of lading is regarded as the contract of carriage itself. In other jurisdictions it is regarded merely as evidence of the contract of carriage; hence, oral testimony may be admissible to vary the terms of the contract evidenced by the bill of lading. When goods are shipped under a charter party or other document and a bill of lading is issued to cover the same goods, the bill of lading may ordinarily be regarded as a mere receipt. The terms of the contract are embodied in the charter party or other document, unless the parties intended to vary the terms of the agreement by the issuance of a bill of lading. A bill of lading that has been endorsed is ordinarily considered to contain the terms of the contract between the carrier and the endorsee. At common law, a bill of lading functions as a semi-negotiable instrument. Delivery of the bill of lading to a transferee for valuable consideration transfers the ownership of the goods to the transferee, but the transferee cannot acquire a better title than that of the transferor. Under statutes, however, and under international conventions, bills of lading are in all legal systems fully negotiable instruments, unless they show on their face that they are not negotiable. When a bill of lading is negotiable, it confers a privileged status on the good faith purchaser, known as the holder in due course. A carrier who has issued a nonnegotiable bill of lading normally discharges his duty by delivering the goods to the named consignee; the consignee need not produce the bill or even be in possession of it. But a carrier who has issued a negotiable bill of lading will be discharged only by delivery to the holder of the bill, because, in a way, the goods are locked up in the bill of lading. The carrier who delivers goods without the bill of lading remains liable in common-law jurisdictions to anyone who has purchased the bill for value and in good faith, before or after the improper delivery. In civil-law jurisdictions, in case of an improper delivery, the carrier may remain liable to the endorsee of the bill of lading, even if the endorsee is himself not the legal owner of the bill but merely a finder or a thief. What is a contract between the shipper and the carrier called?A contract of carriage is a negotiated contract between the carrier and shipper for the transportation of cargo.
What is a carrier contract?A carrier agreement is a documented promise between a shipper and a carrier that the shipper will use the carrier's services in exchange for a discount on those services. A shipper of any size will typically have an agreement with at least one carrier to reduce their shipping costs.
What is the relationship between a freight forwarder a shipper and a carrier?A freight forwarder is a company or person that organizes shipments to get goods from one point to another, oftentimes providing multimodal transportation options. It connects its clients (shippers) with a freight carrier.
Why is it called a bill of lading?Etymology. The word "lading" means "loading", both words being derived from the Old English word hladan. "Lading" specifically refers to the loading of cargo aboard a ship.
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What is a contract between the shipper and the carrier in which the carrier agrees to transport the goods to the shippers customer?
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