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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 premise of the Hague–Visby Rules (and of the earlier English common law from which the Rules are drawn) was that a carrier typically has far greater bargaining power than the shipper, and that to protect the interests of the shipper/cargo-owner, the law should impose some minimum affreightment obligations upon the
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 .
When the agent acts in such conditions, the agent shall be liable for the haul and all the damage suffered by the consignee due to irregularity, incorrectness or incompleteness of insertions on the air waybill (when the shipper includes freight on the purchased item, in any other Incoterms sale, the shipper is the sole responsible, since there ...
However, virtually all certificate of origin forms adopt a similar template, with fields to be filled in covering the country of origin, shipper's name and address, consignee's name and address, transport detail, product description and quantity, and the issuing body's stamp and signature if authorized certification is required.
The typical obligations of a carrier by sea to a shipper of cargo are: to provide a seaworthy ship; to issue a bill of lading; to "properly and carefully load, handle, stow, carry, keep, care for, and discharge the goods carried". [2] to proceed with "reasonable despatch" [3] to follow the agreed route (and not to deviate from it). [4] [5]
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 technical term "consignor" will generally be used.
Whereas a charterparty is the contract between a shipowner and a charterer, a contract of carriage lies between the shipper and the carrier. A carrier will issue a shipper with a bill of lading, a receipt for cargo shipped which also serves as evidence of the contract of carriage. (In a demise charter, the charterer is the carrier; in a time or ...