First, the international maritime cargo transport contract

 

International carriage of goods by sea cargo transportation contracts mainly in total agreement or contract, the liner shipping contracts and voyage charter party into three categories:

 

(1) carriage of goods total agreement or contract, the agreement refers to the total tonnage of cargo carriers and shippers in a certain time of transport, used by ships, freight, shipping conditions, the port of departure and port of destination agreed or entered into total freight contract. In order to ensure the implementation of the total contract, usually when another partial shipment bill of lading issued, where both parties agree to be separately entered into a voyage charter contract. Such contracts apply to bulk cargo transport. Accordingly, under the contract to ensure that shippers need for accommodation and enjoy preferential tariffs.

 

(2) liner shipping contract, also known as general cargo transportation contract, often more than one carrier to accept the goods the shipper, the shipper will belong to different batches of goods loaded on the same ship, according to a predetermined timetable, to a certain route on the order of a predetermined port transport. Responsible for general cargo transport from one harbor to another harbor, and the shipper's agreement to pay the freight. Such contracts are mostly in the form of bills of lading and proof of performance, and therefore, general cargo transport has been called bill of lading shipping. Currently, as a special form of a single maritime transport groceries in the international maritime practice it has begun to be accepted.

 

(3) voyage charter, also known as the voyage charter contracts or voyage charter contracts, which are provided by the lessor to the lessee part of the ship or ship class ships, for the carriage of goods transported from one port to another port, the lessee to pay the agreed freight contract. Voyage charter contracts are mainly used tramp shipping, ship lessor and the lessee only for a particular use of a ship voyage agreement; only requires the lessee to the lessor goods to the port of destination, do not want to occupy and control of the ship.

 

Another charter contract is based on a certain period of use by the lessor leased to the lessee charter contract. If the lessee for the lease of shipping their goods, or lease only a voyage, or if the rented vessel operating carrier as the liner, is also a kind of contract of carriage.

 

Due to several reasons, we are not talking here of lease contracts: first, in addition to the above, time charter contracts are lease of property nature, not part of the contract of carriage; second, if the freight forwarder as a tenant to rent ship carrying goods, he becomes a carrier, rather than freight forwarders; third, the owner of the rental terms of cargo transport, need to have knowledge of navigation and cargo loading technology, the ship needs a personal management. Therefore, under normal circumstances, the owner reluctant to adopt the way of charter hire, freight forwarders involved in no more chance of rent.

 

2. Multimodal transport contract

 

"Maritime" called multimodal transport contract "means a multimodal transport operator in two or more different modes of transport, one of which is maritime transport, responsible for the goods received from receipt to delivery to the destination contractor and charge the full freight. "multimodal transport is developed on the basis of container transport on this mode of transportation and no new channels and tools, but the use of modern means of the organization, various single mode of transport organically combine to break the boundaries of each transport zone is the result of modern management in the transport sector utilization. Multimodal transport contract has the following characteristics:

 

(1) It must include two or more modes of transport, and which must have maritime transport. In our country due to the international maritime transport and coastal shipping, inland water transport are subject to different laws, so the international and domestic coastal maritime transport, inland water transport can be regarded as different modes of transport.

 

(2) Although the multimodal transport involving two or more different modes of transport, but only the shipper and the multimodal transport operator entered into a contract, only to strike a multimodal transport document from the multimodal transport operator of the only the multimodal transport operator is one rate to pay for shipping. This avoids a single mode of transport multi-trip transport procedures and more error-prone disadvantage for the owner to determine the transport costs and transit time of goods provided for convenience.

 

3. Waterway cargo transportation contract

 

Coastal and inland water transport of goods transport of goods referred to domestic waterway transport of goods. Waterway cargo transportation contract refers to the domestic coastal ports, the freight charged by the carrier between the coastal and inland ports and river ports, responsible for the shipper of goods shipped by sea from one contract to another Hong Kong Harbour. For decades, China has been the difference between the transport of goods by sea transport international and domestic coastal and inland cargo treatment, adopt different from the management system of international maritime transport, mainly in the domestic waterway cargo transport freight implement uniform pricing, cargo ships and scheduled deployment , the use of non-negotiable transport document prepared waybill, waybill onboard the line, non-transferable and can not be used as documentary credit documents, the carrier fully implement the responsibility system fault, the captain and crew on the bridge of the ship management of negligence goods caused by the loss of liability and so on. China's "Maritime" Article 2.2 states:. "Provisions of the provisions of Chapter IV of the contract of carriage of goods by sea, does not apply to the carriage of goods between the People's Republic of China coastal port contract of carriage applicable to" People's Republic of China on Economic Contracts . "" law of the Ministry of Communications in accordance with the law, approved by the State Council formulated and promulgated the "waterway cargo transportation contract implementation details," shall go into effect July 1, 1987; and from September 1, 1995 implementation of the "waterway goods Code "and" waterway cargo transportation rules. " China's "Maritime" Article further states: "People's Republic of China between the port towage and maritime transport by ship operators flying the flag of People's Republic of China, except as laws and administrative regulations provide otherwise.."

 

AWB domestic waterway cargo transportation is the most basic form of contract. "Waterway cargo transportation contract Rules" states: "The bulk materials transportation, carriage of goods by month signed a contract must be submitted to the other according to a predetermined plan monthly shipment of goods, the shipper and the carrier agreed, goods can be signed on a monthly basis. the contract of carriage or in the waybill as the contract of carriage. sporadic external cargo transport and planning bulk cargo transport to cargo waybill as the contract of carriage. "" If Cheng, checked the parties do not need to agree on special items, you can use the monthly shipment schedule instead of the contract of carriage . "" in the actual handling Cheng checked in, the shipper to the carrier by appropriation should be made goods consignment, as part of the contract of carriage. "Under this provision, in the form of sea cargo transportation: First monthly transportation contract ; the second is the waybill. The former applies to the planned transport of bulk materials, which applies to the transport of goods outside the sporadic and planned transport of goods. In the case of the carriage of goods by month signed a contract must also be a consignment note as part of the contract of carriage. In practice, there are quarterly, six months, one year of signing the contract of carriage, there are also forms voyage charter contract.

 

In waybill as a contract of carriage, the shipper simply fill out the consignment of the goods in accordance with the basic and supporting mutually agreed conditions of transport, the carrier waybill stamped with date stamp carrier transportation contract is formed. AWB is the first contract of carriage, on which to determine the obligations of both parties supporting the claim. Secondly, the waybill is the carrier received the goods receipt. Waybill number or weight of the goods documented prima facie evidence of the carrier received the goods, the goods to the port of discharge loss, shortage or damage, the carrier shall be liable, unless the carrier can prove that the loss of goods, shortage or damage due to the carrier can the grounds of relief caused. Again, waybill or carrier to deliver the goods in the main document. The carrier in the port of destination must check the identity of the consignee of the goods to the consignee according to the waybill.