海上货物运输合同英文.pptx

Section SixIntroduction to Contract of Carriage of Goods by Sea-John Wilson.Carriage of Goods by Sea(5 th.,edition)IntroductionContract of affreightment (in broad sense)a.charterparty/charter;or b.evidenced by bills of lading (in narrow sense)-COA 包运合同包运合同 “the long-term freighting contract”Preparation Qs for Part One and Part Four of carriage chaptertypical examples of two basic forms of carriage charter?distinctions between the above two types of charter？characteristics of the demise charterparty？rights,obligations and responsibilities of the time/voyage/bareboat charterer?the Charterparty(C/P)Between shipowner and charterer Free from any statutory interference(principle of freedom of contract)Standard formsAdditional clauses(rider clauses)shall prevail over standard clauses Review QsMeanings and forms of a contract of affreightment?Charateristics of charterparty law?Relationship between standard forms and additional clauses?Origins and advantages of standard forms?Why are many of the advantages of these standard forms lost?Category of Charterparties1.Voyage charter(voy.c/p)Kinds:single/return/consecutivenature:carriage charter,not lease contracta typical example:cif seller 2.Time charter(Time C/P)Nature:controversial-carriage(wilson)?lease?both?Example:often used by carriers who wish to augment their fleet for a particular period of time without the expense of buying or running the vessel “depending upon whether the vessel is chartered for one or more voyages or for a period of time.In both instances the shipowner retains control of equipping and managing the vessel and agrees to provide a carrying service.In the case of the voyage charter he undertakes to carry a cargo between specified points,whereas in a time charter he agrees to place the carrying capacity of his vessel at the disposal of the charterer for a specified period of time.”3.Bareboat charter(demise C/P,C/P by Demise)Nature:lease of a vesselExample:who wishes not only to supplement his fleet w/o the expense of buying the vessel but also to have full control of it Hire-purchase contract(by installment)“Whereas in an ordinary time charter the shipowner retains control over the operation of the vessel,under a demise charter the charterer displaces the owner and,for the period of the lease,takes possession and complete control of the ship the charterer mans and equips the vessel acts as owner for the duration of the charter and is responsible for all expenses incurred in the operation of the vessel”Thus,a liner Co.as a carrier may be a shipower,a time charterer,or a bareboat charterer,etc.4.COA(Contract of Affreightment)包运合同包运合同Means that:“the long-term freighting contract under which the shipowner undertakes to transport specified quantities of a bulk product,such as coal or grain,between designated ports in a given time,using vessels of his own choice”参参海商法海商法5.TCT(Time Charter on Trip Basis)“the trip charter which consists of a time charter of a vessel for a specific cargo voyage.Instead of the fixed freight payable per unit of cargo on the completion of a voyage charter,this device ensures that the shipowner is paid hire for the entire time spent on the voyage until the cargo has been discharged at its destination.”(daily charter)Reason:risk of delay-favorable to shipowner6Slot charter（箱位租船合同）（箱位租船合同）“Slot charters are a comparatively new but,nonetheless,important development in the dry cargo container trade.Dry cargo ships have been adapted for the carriage of container boxes in Twenty Foot or Equivalent Units(TEUs)in“slots”or“cells”.Instead of chartering the whole or part of a specific vessel,a container operator will instead book a set number of TEUs on sailings by ships of a particular operator.”-2000 LMCLQ 129 Like voyage c/p(space)Two basic forms of carriage charter:a.Voyage charter;b.Time charterHybrids:a.TCT(Time Charter on Trip Basis)b.consecutive voyage charter c.long-term freighting contract Qstypical examples of two basic forms of carriage charter?Characteristics of the demise charterparty？In what circumstances is the demise charter suitable for use?“Hire-purchase”contract?Hybrids of two basic charter forms?Similarities and differences between the consecutive voyage charter and the long-term freighting contract？Main distinctions between v c/p and t c/pdistinctions between the above two basic types of charter？Rights,obligations and responsibilities of the time/voyage/bareboat charterer?Whom will the risk of delay fall on(or Who shall bear the risk of delay)under time/voyage charter?Two basic modes of shipping:liner shipping&tramp shippingliner shipping,liner services,liner trade(班轮运输班轮运输/定期运输定期运输)tramp shipping,tramp services,tramp trade(不定期运输不定期运输/租船运输租船运输)Liner Shipping I.Concept means that a vessel is regularly engaged in the carriage between fixed ports in a fixed calling order on a certain route in accordance with an announced time schedule.-Convention on a Code of Conducts for Liner Conference,1974(Liner Code 1974)four fixed factors:-route,ports of call,calling order,scheduleII.Category 1.Strict schedule or noti).Strictly in compliance with service schedule(main form)ii).All fixed factors except flexible schedule(quasi liner)2.Containerization or noti).Traditional liner-general cargo(件杂货件杂货/零担货零担货)of various kinds&small allotmentsii).Container liner-containerized cargoComparison between Two Basic Modes of Shipping1Liner fixed Tramp NOT fixed,as cargo owners require2.Liner general cargo/containerized cargo Tramp bulk cargo(大宗散货大宗散货),single commodity3.Liner between carrier and merchants(shipper,consignor,consignee,bill of lading holder,cargo owner,cargo interests )Tramp between shipowner and charterer4.Liner-no need to conclude the contract in writing in advance;evidenced by bill of lading,which is issued after shipment Tramp to conclude a charterparty in advance 5.Liner carriers responsibility for loading,stowage(积载积载),tallying(理货理货),discharge,carriage,etc.without extra freight Tramp allocation of expenses of loading/discharging according to contractual provisions6.Liner no laytime/despatch/demurrage :“as fast as the ship can receive and deliver”Tramp laytime/despatch/demurrage(risk of delay)Comparison between Various Modes of Ship Operation I.Characteristics Liner Liner (BUS)(BUS)Voy.C/P Voy.C/P TAXI)(TAXI)Time C/P Time C/P (TAXI)(TAXI)Bareboat C/P Bareboat C/P(SELF (SELF DRIVE CAR)DRIVE CAR)Master Master appointed by appointed by shipownersshipownersMaster Master appointed by appointed by shipownersshipownersMaster Master appointed by appointed by shipownersshipownersMaster Master appointed by appointed by chartererscharterersOwners act Owners act as carriers*as carriers*Owners act Owners act as carriers*as carriers*Owners do not Owners do not act as carriers*act as carriers*Owners do not Owners do not act as carriers*act as carriers*Part spacePart spaceFull or part Full or part spacespaceEntire ships Entire ships capacitycapacityEntire ships Entire ships capacitycapacityFreight Freight depends depends upon amout/upon amout/quantity of quantity of cargocargoFreight Freight depends depends upon amout/upon amout/quantity of quantity of cargocargoCharter hire Charter hire depends upon depends upon amount of time/amount of time/duration of duration of chartercharterCharter hire Charter hire depends upon depends upon amount of time amount of time/duration of/duration of chartercharter II.Allocation of Ships Costs A.Fixed costs A.Fixed costs（固定成本）（固定成本）（固定成本）（固定成本）：1.Crew wages&provisions 1.Crew wages&provisions 伙食伙食伙食伙食 2.Maintenance&repairs 2.Maintenance&repairs 3.Stores,supplies and equipment3.Stores,supplies and equipment 4.Lubricating oil 4.Lubricating oil 润滑油润滑油润滑油润滑油 5.Fresh water 5.Fresh water 6.Insurance 7.Survey6.Insurance 7.Survey 8.Ordinary disbursements 8.Ordinary disbursements (Overhead charges)(Overhead charges)日常开支日常开支日常开支日常开支 9.Depreciation 9.Depreciation 折旧折旧折旧折旧 B.Running costsB.Running costs（营运成本）（营运成本）（营运成本）（营运成本）:10.Bunkers(fuel)costs10.Bunkers(fuel)costs 11.Port disbursements (port 11.Port disbursements (port charges)charges)港口使费港口使费港口使费港口使费 12.loading/discharge 12.loading/discharge(stevedoring charges)(stevedoring charges)13.Clearing of holds 13.Clearing of holds 洗舱费洗舱费洗舱费洗舱费 14.Dunnage 14.Dunnage 垫舱物料垫舱物料垫舱物料垫舱物料 15.Ballast 15.Ballast 压载物压载物压载物压载物 16.Brokerage&commissions16.Brokerage&commissions船舶代理费及经纪人佣金船舶代理费及经纪人佣金船舶代理费及经纪人佣金船舶代理费及经纪人佣金 Shipowners ShipownersMerchants/CharterersMerchants/CharterersLinerLiner A +B A +B /Voy.c/pVoy.c/p A +B A +B 12*,14*12*,14*Time c/pTime c/p A,A,5*5*B BBareboat c/pBareboat c/p 9,9,6*,7*6*,7*A A(-9)(-9)+B+B*Subject to contractual provisions.*Subject to contractual provisions.III.Risk of Delay-i.ecauses(delays and hindrances)beyond the control of the parties-e.g.bad weather,congestion in port,adverse tides,engine trouble on the voyage or strikes of stevedoresQ:Who bears the risk of delay under different types of c/ps?How can the risk of delay be shifted?Liner LinerVoy.c/pVoy.c/pTime c/pTime c/pBareboatBareboatc/pc/pWho Who bears?bears?S/O S/O S/O S/O Chr Chr Chr ChrContrac-Contrac-tual tual reliefrelief /Laytime/Laytime/DemurrageDemurrageOff-hire Off-hire clauseclause*/*for time lost due to circumstances which are*for time lost due to circumstances which areattributable to the s/o or the vessel,such asattributable to the s/o or the vessel,such as engine failure engine failure or crew deficienciesor crew deficiencies.So time c/p is far more attractive to s/o.So time c/p is far more attractive to s/o.Q:how about TCT?Q:how about TCT?