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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).
These typically contain "conditions of contract of carriage" terms on the back of the form that cover limits to liability and other terms and conditions. [2] A waybill is similar to a courier's receipt, which contains the details of the consignor and the consignee and the point of origin and the destination. [3]
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 ...
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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 ...
A freight claim or cargo claim is a legal demand by a shipper or consignee against a carrier in respect of damage to a shipment, or loss thereof. [1] [2] [3]Typically, the claimant will seek damages (financial compensation for loss), but other remedies include "specific performance", where the cargo-owner seeks delivery of the goods as agreed.