中华人民共和国海商法（五）

会计考友 · 发表于 2012-8-16 08:34:12

　　Section 5 Delivery of Goods
　　Article 81 Unless notice of loss or damage is given in writing by the consignee to the carrier at the time of delivery of the goods by the carrier to the consignee， such delivery shall be deemed to be prima facie evidence of the delivery of the goods by the carrier as described in the transport documents and of the apparent good order and condition of such goods.
　　Where the loss of or damage to the goods is not apparent， the provisions of the preceding paragraph shall apply if the consignee has not given the notice in writing within seven consecutive days from the next day of the delivery of the goods， or， in the case of containerized goods， within 15 days from the next day of the delivery thereof.
　　The notice in writing regarding the loss or damage need not be given if the state of the goods has， at the time of delivery， been the subject of a joint survey or inspection by the carrier and the consignee.
　　Article 82 The carrier shall not be liable for compensation if no notice on the economic losses resulting from delay in delivery of the goods has been received from the consignee within 60 consecutive days from the next day on which the goods had been delivered by the carrier to the consignee.
　　Article 83 The consignee may， before taking delivery of the goods at the port of destination， and the carrier may， before delivering the goods at the port of destination， request the cargo inspection agency to have the goods inspected. The party requesting such inspection shall bear the cost thereof but is entitled to recover the same from the party causing the damage.
　　Article 84 The carrier and the consignee shall mutually provide reasonable facilities for the survey and inspection stipulated in Article 81 and 83 of this Code.
　　Article 85 Where the goods have been delivered by the actual carrier， the notice in writing given by the consignee to the actual carrier under Article 81 of this Code shall have the same effect as that given to the carrier， and that given to the carrier shall have the same effect as that given to the actual carrier.
　　Article 86 If the goods were not taken delivery of at the port of discharge or if the consignee has delayed or refused the taking delivery of the goods， the Master may discharge the goods into warehouses or other appropriate places， and any expenses or risks arising therefrom shall be borne by the consignee.
　　Article 87 If the freight， contribution in general average， demurrage to be paid to the carrier and other necessary charges paid by the carrier on behalf of the owner of the goods as well as other charges to be paid to the carrier have not been paid in full， nor has appropriate security been given， the carrier may have a lien， to a reasonable extent， on the goods.
　　Article 88 If the goods under lien in accordance with the provisions of Article 87 of this Code have not been taken delivery of within 60 days from the next day of the ship's arrival at the port of discharge， the carrier may apply to the court for an order on selling the goods by auction； where the goods are perishable or the expenses for keeping such goods would exceed their value， the carrier may apply for an earlier sale by auction.
　　The proceeds from the auction sale shall be used to pay off the expenses for the storage and auction sale of the goods， the freight and other related charges to be paid to the carrier. If the proceeds fall short of such expenses， the carrier is entitled to claim the difference from the shipper， where as any amount in surplus shall be refunded to the shipper. If there is no way to make the refund and such surplus amount has not been claimed at the end of one full year after the auction sale， it shall go to the State Treasury.
　　Section 6 Cancellation of Contract
　　Article 89 The shipper may request the cancellation of the contract of carriage of goods by sea before the ship sails from the port of loading. However， except as otherwise provided for in the contract， the shipper shall in this case pay half of the agreed amount of freight； if the goods have already been loaded on board， the shipper shall bear the expenses for the loading and discharge and other related charges.

会计考友 · 发表于 2012-8-16 08:34:13

　　Article 90 Either the carrier or the shipper may request the cancellation of the contract and neither shall be liable to the other if， due to force majeure or other causes not attributable to the fault of the carrier or the shipper， the contract could not be performed prior to the ship's sailing from its port of loading. If the freight has already been paid， it shall be refunded to the shipper， and， if the goods have already been loaded on board， the loading/discharge expenses shall be borne by the shipper. If a bill of lading has already been issued， it shall be returned by the shipper to the carrier.
　　Article 91 If， due to force majeure or any other causes not attributable to the fault of the carrier or the shipper， the ship could not discharge its goods at the port of destination as provided for in the contract of carriage， unless the contract provides otherwise， the Master shall be entitled to discharge the goods at a safe port or place near the port of destination and the contract of carriage shall be deemed to have been fulfilled.
　　In deciding the discharge of the goods， the Master shall inform the shipper or the consignee and shall take the interests of the shipper or the consignee into consideration.
　　Section 7 Special Provisions Regarding Voyage Charter Party
　　Article 92 A voyage charter party is a charter party under which the ship owner charters out and the charterer charters in the whole or part of the ship's space for the carriage by sea of the intended goods from one port to another and the charterer pays the agreed amount of freight.
　　Article 93 A voyage charter party shall mainly contain name of the ship owner， name of the charterer， name and nationality of the ship， its bale orgrain capacity， description of the goods to be loaded， port of loading， port of destination， lay days， time for loading and discharge， payment of freight， demurrage， dispatch and other relevant matters.</p>
　　Article 94 The provisions in Article 47 and Article 49 of this Code shall apply to the ship owner under voyage charter party.
　　The other provisions in this Chapter regarding the rights and obligations of the parties to the contract shall apply to the ship owner and the charterer under voyage charter only in the absence of relevant provisions or in the absence of provisions differing therefrom in the voyage charter.
　　Article 95 Where the holder of the bill of lading is not the charterer in the case of a bill of lading issued under a voyage charter， the rights and obligations of the carrier and the holder of the bill of lading shall be governed by the clauses of the bill of lading. However， if the clauses of the voyage charter party are incorporated into the bill of lading， the relevant clauses of the voyage charter party shall apply.
　　Article 96 The ship owner shall provide the intended ship. The intended ship may be substituted with the consent of the charterer. However， if the ship substituted does not meet the requirements of the charter party， the charterer may reject the ship or cancel the charter. Should any damage or loss occur to the charterer as a result of the ship owner's failure in providing the intended ship due to his fault， the ship owner shall be liable for compensation.
　　Article 97 If the ship owner has failed to provide the ship within the lay days fixed in the charter， the charterer is entitled to cancel the charter party. However， if the ship owner had notified the charterer of the delay of the ship and the expected date of its arrival at the port of loading， the charterer shall notify the ship owner whether to cancel the charter within 48 hours of the receipt of the ship owner's notification.
　　Where the charterer has suffered losses as a result of the delay in providing the ship due to the fault of the ship owner， the ship owner shall be liable for compensation.
　　Article 98 Under a voyage charter， the time for loading and discharge and the way of calculation thereof， as well as the rate of demurrage that would incur after the expiration of the lay time and the rate of dispatch money to be paid as a result of the completion of loading or discharge ahead of schedule， shall be fixed by the ship owner and the charterer upon mutual agreement.

会计考友 · 发表于 2012-8-16 08:34:14

　　Article 99 The charterer may sublet the ship he chartered， but the rights and obligations under the head charter shall not be affected.
　　Article 100 The charterer shall provide the intended goods， but he may replace the goods with the consent of the ship owner. However， if the goods replaced is detrimental to the interests of the ship owner， the ship owner shall be entitled to reject such goods and cancel the charter.
　　Where the shipowner has suffered losses as a result of the failure of the charterer in providing the intended goods， the charterer shall be liable for compensation.
　　Article 101 The shipowner shall discharge the goods at the port of discharge specified in the charter party. Where the charter party contains a clause allowing the choice of the port of discharge by the charterer， the Master may choose one from among the agreed picked ports to discharge the goods， in case the charterer did not， as agreed in the charter， instruct in time as to the port chosen for discharging the goods. Where the charterer did not instruct in time as to the chosen port of discharge， as agreed in the charter， and the shipowner suffered losses thereby， the charterer shall be liable for compensation； where the charterer has suffered losses as a result of the shipowner's arbitrary choice of a port to discharge the goods， in disregard of the provisions in the relevant charter， the shipowner shall be liable for compensation.
　　Section 8 Special Provisions Regarding Multi modal Transport Contract
　　Article 102 A multi modal transport contract as referred to in this Code means a contract under which the multi modal transport operator undertakes to transport the goods， against the payment of freight for the entire transport， from the place where the goods were received in his charge to the destination and to deliver them to the consignee by two or more different modes of transport， one of which being sea carriage.
　　The multi modal transport operator as referred to in the preceding paragraph means the person who has entered into a multi modal transport contract with the shipper either by himself or by another person acting on his behalf.
　　Article 103 The responsibility of the multi modal transport operator with respect to the goods under multi modal transport contract covers the period from the time he takes the goods in his charge to the time of their delivery.
　　Article 104 The multi modal transport operator shall be responsible for the performance of the multi modal transport contract or the procurement of the performance therefor， and shall be responsible for the entire transport.
　　The multi modal transport operator may enter into separate contracts with the carriers of the different modes defining their responsibilities with regard to the different sections of the transport under the multi modal transport contracts. However， such separate contracts shall not affect the responsibility of the multi modal transport operator with respect to the entire transport.
　　Article 105 If loss of or damage to the goods has occurred in a certain section of the transport， the provisions of the relevant laws and regulations governing that specific section of the multi modal transport shall be applicable to matters concerning the liability of the multi modal transport operator and the limitation thereof.
　　Article 106 If the section of transport in which the loss of or damage to the goods occurred could not be ascertained， the multi modal transport operator shall be liable for compensation in accordance with the stipulations regarding the carrier's liability and the limitation thereof as set out in this Chapter.</p>

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[FECT高级考试] 中华人民共和国海商法（五）

中华人民共和国海商法（五）

中华人民共和国海商法（五）