part the bill of lading【DOC精选】.docVIP

Part 4 The Bill of Lading CARRIAGE OF STEEL CARGOES SECTION 1 – The Legal Position SECTION 2 – Cargo Condition Clauses SECTION 1 - THE LEGAL POSITION??????????????????????????????????????????????????????????????????????Back to top A clean Bill of Lading.As a general rule, the carrier must, on demand of the shipper, issue a Bill of Lading showing the apparent order and condition of the cargo at the time of loading. A clean Bill of Lading is one which describes the cargo as being in apparent good order and condition, without containing adverse remarks. A clean Bill of Lading is effectively a representation that, at the time of shipment, the cargo was in good order and condition as far as would be apparent from the type of inspection which a reasonable carrier could be expected to make. This representation will usually prevent the carrier from arguing that any damage to the cargo occurred before the cargo was received into his custody. For example, if a carrier issues a clean Bill of Lading for steel coils which were rust stained before shipment, the carrier can usually be held liable to the receiver for that rust staining. The carrier cannot argue that the coils were already rust stained when loaded onto his vessel, because he is bound by the clean Bill of Lading he issued. The statements in the Bill of Lading as to the apparent order and condition must be accurate: the carrier is not protected if he or the Master use reasonable care but still issue an inaccurate Bill. Consequently, if in doubt the Master should seek guidance from the Club Correspondent or a Surveyor appointed to assist. Any remarks on the Bill of Lading usually reflect remarks in the Mate s Receipts, so the remarks in the Mate s Receipts must also be accurate. Letters of IndemnityIn the real world, the shippers often need a clean Bill of Lading for their sales contracts or letters of credit and they may attempt to persuade the vessels Charterers or Owners to issue a clean Bill, even though