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We have recently received several queries on the scope and period of carrier’s liability to general cargo and steel cargoes where terms such as FIOS and ‘Liner’ terms are commonly used.

Loading :
Traditionally it was the duty of the shipper to bring the cargo alongside and lift the cargo to the ship’s rail and it was the duty of the shipowner to receive the cargo at ship’s rail and load the cargo. However in modern times there are many different practices where goods are delivered to the possession of the carrier at an earlier or later stage, and there are different contractual terms providing for the carrier’s obligations. It is not uncommon in many liner trades for goods to be delivered by the shipper to the carrier before the ship’s rail or even before the ship has arrived at the loading port. On the other hand there could be situations a shipper may be obligated to load and stow the goods into the ship. Every situation may be different.

See attached file: ALCO20130011 Carrier’s liability.pdf

 

承运人责任

近期,我司收到不少有关承运人责任范围和责任期间的询问,涉及杂货和钢材货物运输中通常使用的FIOS条款和”班轮” 条款。

装货:
航运传统上,托运人的责任是将货物运到船边,并吊起货物至船舷, 船东则在船舷接收并装载货物。但现如今实践中有许多不同的做法。货物可以在越过船舷之前或之后的某个时间点交由承运人控制,相应不同合同条款会规定承运人不同的责任。在许多班轮运输中,托运人在货到船舷之前,甚至在船舶到港之前就将货物交付给承运人的情况很常见。另外,也有由托运人负责装货和积载的情况。每次情况不尽相同。

详细信息请参阅附件。