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A contract of carriage is a contract between a carrier of cargo or passengers and the consignor, consignee or passenger. [1] [2] Contracts of carriage define the rights, duties and liabilities of parties to the contract, addressing topics such as acts of God and including clauses such as force majeure (removing liability for extraordinary occurrences beyond control of the parties).
The consignoris the party to a contract that dispatches goods to another party on consignment. [1] In a contract of carriage, is the party sending a shipment to be delivered whether by land, sea or air. [2] Some carriers, such as national postal entities, use the term "sender" or "shipper" but in the event of a legal dispute the proper and ...
In a contract of carriage, the consignee is the entity who is financially responsible (the buyer) for the receipt of a shipment. [2] If a sender dispatches an item to a receiver via a delivery service, the sender is the consignor, the recipient is the consignee, and the deliverer is the carrier.
A shipowner may sue a time-charterer or voyage-charterer in the event of breach of contract. For instance, if the charterer exceeds laytime, demurrage will have to be paid; and if the charterer cannot comply with a Notice of Readiness (NOR), the shipowner may repudiate (cancel) the contract of carriage and claim damages for any loss. [22]
A contract carrier may be authorized to provide service over either fixed routes and schedules, i.e., as regular route carrier or on an ad hoc basis as an irregular route carrier. It should be mentioned that the carrier refers only to the person (legal or physical) that enters into a contract of carriage with the shipper. The carrier does not ...
Modern freight forwarders offer an end-to-end process i.e. shipping the goods from the place of origin to the final destination and may offer additional services such as warehouse planning, cargo insurance and customs brokerage. Together with tracking, freight forwarding agents often have real time information on the freight.
An unjustified deviation is by nature a serious breach of the contract of carriage, and the carrier will be prevented from relying upon any exclusion clause which limits his liability. Such clauses include the "liberty clauses" of Leduc v Ward , but in particular include the huge range of exemptions granted to carriers by Article IV of the ...
A contract of affreightment is a contract between a ship-owner and a charterer, in which the ship-owner agrees to carry goods for the charterer in the ship by water. [1] The contract may give the charterer the use of the whole or part of the ship's cargo-carrying space for the carriage of goods on a specified voyage or voyages or for a ...