Chapter 6: Delivery of Goods

Name: Chapter 6: Delivery of Goods
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Description: Chapter 6: Delivery of Goods

Chapter 6: Delivery of Goods
商品的交付 School of International Economics

School of International Economics
Delivery of Goods Delivery of Goods Refers to the act of the seller transferring the title to the goods (货权) to the buyer in accordance with the stipulations in the contract. Symbolic delivery or Constructive delivery 象征性交货或推定交货 Physical delivery or Actual delivery 实际交货 School of International Economics

Delivery of Goods Delivery of Goods A. Methods of the delivery B. Delivery conditions C. Shipping documents School of International Economics

Delivery of Goods A. Methods of the delivery 运输方式 Ocean transport 海洋运输 Railway transport 铁路运输 Air transport 航空运输 Container Transport 集装箱运输 Land Bridge Transport 大陆桥运输 International Multimodal Transport 国际多式联运 School of International Economics

A. Methods of the delivery 运输方式
Ocean Transport 海洋运输 Shipping by chartering or tramp 租船运输又称不定期船运输 Liner transport 班轮运输 School of International Economics

Ocean Transport 海洋运输 Shipping by Chartering or Tramp 租船运输又称不定期船运输 A tramp is a freight-carrying vessel which has no regular route (航程) or schedule of sailings (船期表). Voyage charter 定程租船 Time charter 定期租船 Demise charter 光船租船 School of International Economics

Shipping by Chartering or Tramp 租船运输又称不定期船运输
Voyage Charter 定程租船 According to the route stipulated in the charter party, the ship-owner is responsible for delivering the goods to the port of destination and for managing the ship as well as bearing all expenses. Single voyage charter 单航次租船 Return voyage charter 来回航次租船 Successive voyage charter 连续航次租船 School of International Economics

Time Charter 定期租船 The charterer (租船者) charters the ship for a period of time during which the ship is deployed (调度) and managed by the charterer. Charterer’s expenses: loading, unloading, stowing, trimming, fuel expenses(燃料费), port expenses usw. Shipper-owner’s expenses: wages and board expenses (膳食费用) of the crew (全体船员), seaworthiness expenses（船舶）适航 and the vessel insurance premium School of International Economics

Demise Charter or Bareboat Charter 光船租船 Belongs to time charter The ship-owner only provides the charterer with a bareboat, the charterer shall employ the crew by himself. School of International Economics

Charter Party 租船契约或租船合同 A contract concluded between the ship-owner and the charterer when the latter charters the ship or booking shipping space from the former. It stipulates the rights and obligations of the two parties, such as freight, time of chartering, loading and unloading expenses etc. Standard form of charter party Uniform Time Charter (BALTIME) 标准定期租船合同 Uniform General Charter (GENCON) 标准杂货租船合同 School of International Economics

3 Methods of Stipulating the Freight: Tonnage of the goods loaded 装船时的货物重量 Tonnage of the goods unloaded 卸船时的货物重量 On all-round contract basis 以运费包干为条件 (整船包价) School of International Economics

3 Methods to Pay the Freight: Freight can be paid in advance --- Freight Prepaid 运费预付 Freight can be paid after the goods have arrived at the port of destination --- Freight Collect 运费到付 Part of freight is paid in advance, the rest of which is paid after the goods have arrived at the port of destination School of International Economics

4 Methods of Bearing Loading and Unloading Expenses: The ship-owner bears gross terms 船方负担装卸货费用 The ship-owner is free in (F.I.) 船方不负担装货费用 The ship-owner is free out (F.O.) 船方不负担卸货费用 The ship-owner is free in and out (F.I.O.) 船方不负担装卸货费用 (F.I.O.S.T.) School of International Economics

Demurrage 滞期费 During the time limit of loading and unloading, in case the charterer does not finish the work of loading and unloading , in order to compensate the ship-owner for his losses, the charterer should pay certain amount of fine (罚款) for the exceeding time, this is so called demurrage. School of International Economics

Dispatch Money 速遣费 During the time limit of loading and unloading, in case the charterer finishes the work of loading and unloading ahead of schedule, then the ship-owner shall pay certain amount of bonus (奖金) to the charterer, this is so called dispatch money. School of International Economics

Ocean Transport 海洋运输 Liner transport 班轮运输 A liner is a vessel with regular sailings and arrivals on a stated schedule between specific ports. The carrier is responsible for loading and unloading operations. School of International Economics

Liner transport 班轮运输 Standards for Calculating Freight: According to gross weight, i.e., weight ton (重量吨, W/T), --- ”W” According to volume, i.e., measurement ton (尺码吨, M/T), --- ”M” According to gross weight or volume, i.e., choosing the higher rate of the two, --- “W/M” School of International Economics

Liner transport 班轮运输 Standards for Calculating Freight: According to value of the cargo, i.e., a certain percentage of FOB price, --- ”A.V.” (Ad Valorem) 从价运费 According to gross weight or volume or A.V. i.e., choosing the highest rate of the three, --- “W/M or A.V.” School of International Economics

Liner transport 班轮运输 Standards for Calculating Freight: According to gross weight or volume，and then plus a certain percentage of A.V. --- “W/M plus A.V.” According to the number of the cargo According to the temporary agreement entered into between the ship-owner and the consignor (发货人) 临时议定价格 School of International Economics

Liner transport 班轮运输 Freight Consists of 2 Parts: Basic Rate 基本运费率 Surcharges 附加费 School of International Economics

Liner transport 班轮运输 Main Surcharges 附加费 Heavy lift additional 超重附加费 Long length surcharge 超长附加费 Transshipment surcharge 转船附加费 Port congestion surcharge 港口拥挤附加费 Port surcharge 港口附加费 Bunker surcharge or bunker adjustment factor (BAF) 燃油附加税 School of International Economics

Railway transport 铁路运输 Four kinds: Railway transport at home Railway transport to H.K. and Macao International railway transport between two countries International railway through transport国际铁路联运 School of International Economics

International railway through transport 国际铁路联运
Related International Agreement: International Railway Cargo Through Transport Agreement 国际铁路货物联运协定，简称“国际货协” International Convention Concerning the Carriage of Goods by Rail 国际铁路货物运输公约，简称“国际货约” School of International Economics

International railway through transport 国际铁路联运
Railway Bill and its duplicate 运单正本和运单副本 The railway bill is the transportation contract and binding upon the consignee, the consignor and the railway department. The railway bill together with the goods is transported. The consignor may exchange settlement with the bank against the duplicate of railway bill. School of International Economics

Air Transport 航空运输 Especially suitable for transporting fresh, live, perishable, and seasonable goods. The airway bill is a transport contract signed between the consignor and the carrier. The consignee take delivery of the goods against the advice of arrival (到货通知) given by the carrier. School of International Economics

Air Transport 航空运输 Main Kinds of Air Transport: Scheduled Airline 班机运输 Chartered Carrier 包机运输 Standards for Calculating Freight: According to gross weight or volume, i.e., choosing the higher rate of the two, 6000 cubic centimeter = 1 kilogram According to value of the cargo According to the class rate of goods School of International Economics

Container Transport 集装箱运输 Delivery Types of Container Transport: Port to Port 港到港 Door to Door 门到门 Container Yard (CY,集装箱堆场) and Container Freight Station (CFS,集装箱中转站) Container transport falls into 2 kinds: Full Container Load (FCL) 整箱货 Less than Container Load (LCL) 拚箱货 School of International Economics

Land Bridge Transport 大陆桥运输 Land bridge transport is a mode of transport that connects the ocean transport on the two sides of the land by the railway which runs across the continent. 是指使用铁路或公路系统作为桥梁把大陆两端的海洋运输连接起来的连贯运输方式。 2 Main land bridges in the world: Siberian Land Bridge 西伯利亚大陆桥 American Land Bridge 美国大陆桥 School of International Economics

International Multimodal Transport 国际多式联运 International multimodal transport means the conveyance of cargo between two countries by at least two modes of transport from the place of dispatch to that of destination on the basis of a multimodal transport contract. 是指按照多式联运合同，以至少两种不同的运输方式，由多式联运经营人把货物从一国境内接运货物的地点运至另一国境内指定交付货物的地点。 School of International Economics

International Multimodal Transport 国际多式联运
Basic Conditions of International Multimodal Transport Combined transport documents (联合运输单据) shall cover the whole journey Include two or more different modes of successive transportations (连贯运输) Shall be international transportation MTO (多式联运经营人) shall be responsible for the whole journey Use a single factor rate (全程单一运费费率) School of International Economics

Delivery of Goods Delivery Conditions 装运条件(条款) Time of delivery Port of shipment and port of destination Shipping advice School of International Economics

Delivery Conditions 装运条件
Time of Delivery 交货时间 Refers to the time limit during which the seller deliver the goods to the buyer at the agreed place by the agreed methods Difference between “Time of delivery” and “Time of shipment” (装运时间) School of International Economics

Time of Delivery 交货时间 Difference between “Time of delivery” (交货时间) and “Time of shipment” (装运时间) Under “F” and “C” group trade terms, Time of delivery = Time of shipment Under “D” group trade terms, Time of delivery ≠ Time of shipment School of International Economics

Time of Delivery 交货时间 Ways of Stipulating the Time of Delivery: Stipulate the definite time of delivery Example: Shipment on or before Sept. 15th, Shipment during May/June 1995 Stipulate an unfixed time Example: Shipment within 30 days after receipt of L/C Stipulate the goods shall be shipped in the near future Example: Immediate shipment, Prompt shipment School of International Economics

Delivery Conditions 装运条件
Port of Shipment and Port of Destination 装运港和目的港 The port of shipment or the place of departure is usu. chosen and determined by the seller. The port of destination or the place of destination is usu. chosen and determined by the buyer. School of International Economics

Port of Shipment and Port of Destination 装运港和目的港
When Stipulating Port of Shipment Shall be close to the origin of the goods. The loading and unloading and specific transportation conditions etc. Under FOB terms, the depth of the port of shipment shall be suitable to the ship chartered by the buyer. School of International Economics

When Stipulating Port of Destination: Should not accept the port in the country with which our government does not permit to do business The stipulation shall be definite and specific. If we have to choose a port which has no direct liner to stop by or the trips are few, we should stipulate “transshipment to be permitted” in the contract. School of International Economics

When Stipulating Port of Destination: Shall be the one at which the vessel may safely arrive and be always afloat. Usu. do not accept an inland city as the port of destination. The optional port (选择港) may be accepted upon request of the foreign party. School of International Economics

When Stipulating Port of Destination
Attention under “Optional Port” : The port provided shall be in the same line and shall be the one that may be reached by ordinary liners. The number of optional ports shall not exceed 3. When calculating the freight and surcharges, the highest rates for them shall be charged due to the option. School of International Economics

When Stipulating Port of Destination
Attention under “Optional Port” : The consignee shall inform the liner company or its agent at the final port of destination before the liner has arrived at the first port provided, otherwise the ship-owner has the right to discharge the goods at any port provided. School of International Economics

Delivery of Goods Shipping Documents 货运单据 Indicate that the goods have been loaded on board the vessel or have been delivered into the custody of the carrier. Bill of Lading (B/L) 海运提单 Railway bills 铁路运单 Airway bills 航空运单 Multimodal transport documents, etc 多式联运单据 School of International Economics

Shipping Documents 货运单据
Bill of Lading (B/L) 海运提单(提单) The document for sea transport, which is a receipt from the shipping company, giving details of a particular shipment. Roles of B/L Kinds of B/L Contents of B/L School of International Economics

Bill of Lading (B/L) 海运提单
Roles of B/L B/L is a receipt for the goods (货物收据) B/L is a document of title to the goods. (货物所有权的凭证) B/L is evidence of the contract of carriage (运输契约的证明) School of International Economics

Kinds of B/L: Shipped on Board B/L and Received for Shipment B/L Clean B/L and Unclean B/L Straight B/L, Order B/L and Blank B/L Direct B/L, Transshipment B/L and Through B/L Long Form B/L and Short Form B/L Liner B/L and Charter Party B/L Other types of B/L School of International Economics

海运提单种类已装船提单备运提单清洁提单不清洁提单记名提单不记名提单指示提单直达提单转船提单联运提单全式提单简式提单租船提单班轮提单倒签提单舱面提单过期提单 School of International Economics

Kinds of B/L Shipped on Board B/L and Received for Shipment B/L “已装船提单“和 "备运提单" A shipped on Board B/L is evidence that the goods have been loaded on board a certain steamer. A received for shipment B/L is evidence given by the ship-owner that the goods have been received for shipment but have not yet been actually loaded on a particular ship. School of International Economics

Kinds of B/L Clean B/L and Unclean B/L “清洁提单”和“不清洁提单”。 A clean B/L shows that the goods have been shipped on board a vessel in apparent good order and condition.--- ”shipped in apparent good order and condition” Unclean B/L generally marked: “insufficiently packed” (包装不固) , “carton old and stained” (玷污的), “…packed in damaged condition”, etc. School of International Economics

Kinds of B/L Straight B/L, Order B/L and Blank B/L "记名提单”,"指示提单"和 “空白提单” A straight B/L is made out so that only the named consignee at the destination is entitled to take delivery of the goods under the bill. Straight B/L is not transferable. School of International Economics

Kinds of B/L Straight B/L, Order B/L and Blank B/L "记名提单”,"指示提单"和 “空白提单” An order B/L indicates that the bill is made out to the order of any person named in such a bill. 是指收货人一栏只填写凭指示 (Order 或 To Order) 或凭某人指示 (Order of…)字样的一种提单。 Order B/L can be transferred after endorsement.（背书） School of International Economics

Kinds of B/L Straight B/L, Order B/L and Blank B/L "记名提单”,"指示提单"和 “空白提单” A blank B/L is also called “open B/L” or “bearer B/L” Refers to the bill in which the name of a definite consignee is not mentioned. Blank B/L can be transferred without endorsement. School of International Economics

Kinds of B/L Direct B/L, Transshipment B/L and Through B/L “直运提单”,“转船提单”和 “联运提单” A direct B/L is evidence that the goods are shipped and carried by the steamer and transported from the port of loading direct to the port of destination without transshipment during the voyage. School of International Economics

Kinds of B/L Direct B/L, Transshipment B/L and Through B/L “直运提单”,“转船提单”和 “联运提单” A transshipment B/L is a document showing that when there is no direct service between two ports, the goods are transited by another steamer during the voyage. School of International Economics

Kinds of B/L Direct B/L, Transshipment B/L and Through B/L “直运提单”,“转船提单”和 “联运提单” A through B/L is issued when the entire voyage involves more than one carrier. The first carrier issues the bill and collects the freight for the entire voyage, and arranges transshipment and forwarding of the goods at the intermediate port. School of International Economics

Kinds of B/L Long Form B/L and Short Form B/L “全式提单”和 “略式或简式提单” A long form B/L: on the back of which all the detailed terms and conditions about the rights and obligations of the carrier and consignor are listed as an integral part of the bill. A short form B/L is a document which omits（省略）the terms and conditions on the back of the B/L. School of International Economics

Kinds of B/L Other Types of B/L Ante-dated B/L On Deck B/L Stale B/L School of International Economics

Other Types of B/L Ante-dated B/L “倒签提单” In order to avoid non-acceptance for negotiation (议付) of the B/L by the bank, when the actual loading date is slightly later than the date of shipment stipulated in the L/C (信用证), the carrier sometimes, at the request of the shipper, will issue to the shipper an ante-dated B/L so as to meet the requirement of the L/C. School of International Economics

Other Types of B/L On Deck B/L “舱面提单”又称”甲板货提单” Is issued when the goods are stowed on deck. The carrier shall not be responsible for the damage to and losses of the deck goods. Usu. unaccepted by the bank. Special cargoes, “loading on deck to be allowed” in the contract and the relative L/C Specific insurance should be taken out by the shipper. School of International Economics

Other Types of B/L Stale B/L “过期提单” Is a bill when it is presented to the consignee or bank later than a specified time after issuance. «Uniform Customs and Practice for Documentary Credits» (”跟单信用证统一惯例“) , the B/L shall be presented within a specified time after issuance---within 21 days after issuance of the B/L. (提单签发日期21天内) School of International Economics

Contents of B/L: «International Convention for the Unification of Certain Rules of Law Relating to Bill of Lading» (Hague Rules) «统一提单的若干法律规则的国际公约», 简称«海牙规则» Particulars on the face of the B/L Clauses on the back of the B/L School of International Economics

Contents of B/L Particulars on the face of the B/L Consignor 发货人 Consignee 收货人 Party to be notified 通知人 Name of the vessel Voyage 航次 Port of shipment and Port of destination etc. School of International Economics

Contents of B/L Clauses on the back of the B/L Obligations and responsibility of the carrier Exceptions 免责条款 Claim and action clauses Duty and obligation of the consignor Transportation clauses for special goods Other clauses School of International Economics

Multimodal Transport Document (M.T.D.) 多式联运单据 A document which evidences the combined transport contract and indicates that the MTO shall take over the goods and shall be responsible for delivering the goods according to the clauses in the contract. School of International Economics

Difference between M.T.D. and Through B/L Modes of transportation are different The issuers are different Responsibilities of the issuers are different A through B/L is a shipped, on board B/L, while an M.T.D. may be a shipped on board B/L, but in most cases, it is a received for shipment document. School of International Economics

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