Section 4 Transport Documents7 ]3 L }, m' _$ k4 u
Article 71 A bill of lading is a document which serves as an evidence of the contract of carriage of goods by sea and the taking over or loading of the goods by the carrier, and based on which the carrier undertakes to deliver the goods against surrendering the same. A provision in the document stating that the goods are to be delivered to the order of anamed person, or to order, or to bearer, constitutes such an undertaking.
: Q0 M, N- l. }$ | a3 Y7 N Article 72 When the goods have been taken over by the carrier or have been loaded on board, the carrier shall, on demand of the shipper, issue to the shipper a bill of lading.
, _6 E' B; J4 F) ]& j8 @( G The bill of lading may be signed by a person authorized by the carrier. A bill of lading signed by the Master of the ship carrying the goods is deemed to have been signed on behalf of the carrier.
' y5 Q; ~1 H7 h& w- d& |7 \0 L9 V Article 73 A bill of lading shall contain the following particulars:
1 N/ n! v8 E& X5 q ^; n# N (1) Description of the goods, mark, number of packages or pieces, weight or quantity, and a statement, if applicable, as to the dangerous nature of the goods;
+ r7 c: }# A& P; L. X9 a- p1 H% Q1 M (2) Name and principal place of business of the carrier;
- {- G5 c8 u K3 A8 I7 t2 C- Q (3) Name of the ship;
" k5 U# m8 x3 t: W6 _1 f (4) Name of the shipper;$ k" g' E8 ?6 ~7 U: B5 m
(5) Name of the consignee;
6 ^2 X4 L9 x N/ m7 S8 d) i9 v' c; f (6) Port of loading and the date on which the goods were taken over by the carrier at the port of loading;* n6 A K1 c. E8 _: I
(7) Port of discharge;; a3 {5 f7 E1 j6 n
(8) Place where the goods were taken over and the place where the goods are to be delivered in case of a multi modal transport bill of lading;
( A* G, w1 N- C' L0 u, }- p8 z (9) Date and place of issue of the bill of lading and the number of originals issued;5 z& I2 c( W6 L3 ~! ^" `# C* w6 C3 ]" k
(10) Payment of freight;
, m& \& a! p) }# z1 H) n (11) Signature of the carrier or of a person acting on his behalf.* z7 x1 w9 ~6 b2 Q
In a bill of lading, the lack of one or more particulars referred to in the preceding paragraph does not affect the function of the bill of lading as such, provided that it nevertheless meets the requirements set forth in Article 71 of this Code., \; h% x$ d* A. A) F
Article 74 If the carrier has issued, on demand of the shipper, a Received for shipment bill of lading or other similar documents before the goods are loaded on board, the shipper may surrender the same to the carrier as against a shipped bill of lading when the goods have been loaded on board. The carrier may also note on the received-for-shipment bill of lading or other similar documents with the name of the carrying ship and the date of loading, and, when so noted, the received for shipment bill of lading or other similar documents shall be deemed to constitute a shipped bill of lading.
0 Q* N) y% b1 \ P9 ]/ V4 W. [ Article 75 If the bill of lading contains particulars concerning the description, mark, number of packages or pieces, weight or quantity of the goods with respect to which the carrier or the other person issuing the bill of lading on his behalf has the knowledge or reasonable grounds to suspect that such particulars do not accurately represent the goods actually received, or, where a shipped bill of lading is issued, loaded, or if he has had no reasonable means of checking, the carrier or such other person may make a note in the bill of lading specifying those inaccuracies, the grounds for suspicion or the lack of reasonable means of checking.
2 b' v# }+ f2 o. k7 K8 }2 \( T, V D Article 76 If the carrier or the other person issuing the bill of lading on his behalf made no note in the bill of lading regarding the apparent order and condition of the goods, the goods shall be deemed to be in apparent good order and condition.# f$ `7 S; U: n1 k& n: N8 j
Article 77 Except for the note made in accordance with the provisions of Article 75 of this Code, the bill of lading issued by the carrier or the other person acting on his behalf is prima facie evidence of the taking over or loading by the carrier of the goods as described therein. Proof to the contrary by the carrier shall not be admissible if the bill of lading has been transferred to a third party, including a consignee, who has acted in good faith in reliance on the description of the goods contained therein. |