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The standard form of contract is a bill of lading which, in international shipping law, is simply a contract for the carriage of goods entered into between the shipper and the carrier that is not a charter party. [3] It is always a term of that contract that the carrier must deliver the goods to a specific receiver.
A contract of carriage is a contract between a carrier of cargo or passengers and the consignor, consignee or passenger. [1] Contracts of carriage typically 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). [2]
Consignee, importer, or buyer (who may or may not be the same) named in the bill of lading as the party responsible for receiving a shipment. [18] A plastic pallet Shipper A consignor, exporter, or seller (who may or may not be the same) named in the bill of lading as the party responsible for initiating a shipment. [19] Terminal
A consignment agreement is an agreement between a consignee and consignor for the storage, transfer, sale or resale and use of the commodity. The consignee may take goods from the consignment stock for use or resale subject to payment to the consignor agreeably to the terms bargained in the consignment agreement. The unsold goods will normally ...
A waybill is a document issued by a carrier giving details and instructions relating to the shipment of a consignment of cargo. [1] Typically it will show the names of the consignor and consignee, the point of origin of the consignment, its destination, and route. Most freight forwarders and trucking companies use an in-house waybill called a ...
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]
The relation between the two parties is that of consignor and consignee, not that of buyer and seller. The consignor is entitled to receive all the expenses in connection with consignment. The consignee is not responsible for damage of goods during transport or any other procedure.
The shipper provides a Shipper's Letter of Instructions that authorizes the forwarding agent to sign certain documents (e.g. the AWB) on behalf of the shipper. The air waybill must indicate that the goods have been accepted for carriage, and it must be signed or authenticated by the carrier or the named agent for or on behalf of the carrier.