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Traditional single modes of transport
From the traditional single mode of transport, transport of goods, resulting in each mode of transport has a corresponding transport document. This document applies only to the kinds of transport modes of transport. Documents are at the origin of the mode of transport determined by the actual provider of the transport issue. This mode of transportation for goods under their care out of the carrier for loss or liability for damage, and only apply to this mode of transportation is based on the International Convention or national law.
Each of these modes of transport transport documents, used for the carriage of the goods to provide the necessary information, as well as a receipt for the goodsare actually received and a contract of carriage and, in the transfer of the documents may be issued, as a real right certificate, with business and financial needs.
The multimodal transport operator
Transport development in the past 10 years has led to large growth in freight transport, it is often used to "group" form, from the origin to the final destination used more than one mode of transport.
This "multimodal transport (combind transport)" (in the United States, also known as "Int-ermodal transport" in other parts of the world are known as "Multimo-dal transport"), which means either issued a series of single mode of transport transport documents (from the point of view of international trade, is inefficient), or replaced by issuing a new, from "start to finish" the whole transport documents.
This new transport document "transport documents" (Combind transport do-cument referred to as CT document) need to be issued by such people that he can be the transport or at least part of the actual transport provider, or it can just be rendered by others all or part of the transport operators.
But, regardless of is as transport of actual provides people or as transport of hosted people, this species issued transport single card of (Combined transport Operaters referred to CTO-transport business people) on checked people of relationship is I (Principal) of relationship, as a I, he should transport of properly for is responsible for, as a I, he also should in renovation joint transport process in the, regardless of in any place occurred of out lost or damage bear responsibility.
Uniform rules for multimodal transport documents
In missing a items like existing the Convention applies Yu all single transport way as specifically applies Yu transport of new of international of situation Xia, to prevent different of transport single card of diversity development, caused business Shang of back, as a items main measures, International Chamber of Commerce drafted has a most at least of unified rules, to jurisdiction a items can accept of and easily identified of transport single card. Through the inclusion of the rule of commercial contracts, namely, the inclusion by the multimodal transport documents prove that multimodal transport contract, the rules will be given legal effect.
The scope of
Through the issuance of transport documents, and the International Chamber of Commerce rules apply, and through the issuance of this document, and multimodaltransport in the process of refurbishing transport to be complied, shoulder all theresponsibilities and obligations.
However, as the application of these rules is through commercial contracts.
1. Responsibility for loss or damage must be subject to:
(1) the appropriate single transport mode rule, when the loss or damage could be attributed to a particular stage of transport, (13), or:
(2) the International Chamber of Commerce rules, when the loss or damage is hidden, that cannot be attributed to a particular stage of transport (that is, rules 11 and 12).
2. Delays in delivery responsibility in respect of applicable delay transport phase of a single mode of transport rules (rule 14), and in all cases must be based on a single mode of transport rules on a delay in regulations. However, this rule does not exclude the combined transport operators voluntarily assume these provisions for greater responsibilities and obligations.
See
The rules are predictable, as it noted the need to deliver the goods at the destination before submitting a negotiable document, will be required for any voucher and the consignee of the goods set out in the licence not transferable certificate replaced the growth trend. Provision, transport documents can be issued in a negotiable way or manner is not transferable.
However, nothing in this rule and does not transport operators of commercial andfinancial status of the law. That any particular multimodal transport documents issued as a valuable document issue, according to the commercial will to address.
The amendment rules, as a tool for facilitating international trade and its amount,made an important contribution to facilitation of international trade procedures.
General provisions
Rule number one
1. This rule applies to and/or in goods transport entered into the Organization ofmultimodal transport documents under this rule defines every contract evidenced.However, even with the parties according to the provisions of the intermodal transport of goods contrary to the original intent of such carriage of goods is in accordance with a single mode of transport, the present rules shall apply.
2. This multimodal transport documents issued in this document have interests or future interests of all parties and provided for in this rule of rights, obligations andrights of reply.
3. In addition to increasing the responsibility of the multimodal transport operatorand the obligations of the multimodal transport contract or multimodal transportdocuments prove that such contracts on any of the terms, or any portion of any provision, directly or indirectly, a departure from these rules, these terms or any partthereof the extent inconsistent with this rule, ineffective. These terms or part thereof is invalid, should not affect as a multimodal transport contract or multimodal transport documents part of the validity of the other provisions.
Define
Rule two
In these rules:
1. Multimodal transport (Combined transport): refers to use at least two differentmodes of transport, goods from the country will be in charge of the place, and delivered to another specified destination transport.
2. The multimodal transport operator (CTO): is someone who is issuing the transport document (including any corporation, company, or legal entity). If under national law, a person is entitled to before issuing the transport document shall be subject to authorization or licensing, the multimodal transport operator only refers to such authorized or licensed persons.
3. Multimodal transport documents (CT document): the means of proving the goods transport and/or goods transport work contracts of a single certificate. Documents positive shall be marked with "negotiable multimodal transport documents, inaccordance with uniform rules for multimodal transport documents (InternationalChamber of Commerce publication No. 298) issue", or "not negotiable multimodal transport document, in accordance with uniform rules for multimodal transport documents (International Chamber of Commerce publication No. 298) issued".
4. Different modes of transportation: refers to the use of two or more modes of transport, such as shipping, inland waterways, air, rail or road transport of goods.
5. Delivery: refers to the goods delivered to the right to receipt or placed under his control.
6. FR: refers to the purity of gold 900 ‰ 65. 5 mg unit.
Negotiable documents
Rule number three
Multimodal transport documents issued in negotiable form,:
1. Should be made to "specify" or "bearer";
2. If it is "specified", through the transfer of endorsement, it should be;
3. : Come to "can be transferred without endorsement;
4. If more than one has issued a set of originals of the above, it should be noted acopies of the original;
5. If any copies are issued each copy shall be marked: "do not transfer copies of"were deleted;
6. Only goods to the multimodal transport operator or their representative and, when necessary, after endorsement of multimodal transport documents;
7. When issuing a set of more than one per cent of the original transport documents, if transport operators or their representatives has been one of the original White delivered the goods, multimodal should be relieved of its obligation to deliverthe goods.
Nontransferable document
Rule of four
When the through Bill of lading issued to not transfer form:
1. Shall indicate the registered consignee;
2. If transport operators to deliver the goods is not indicated on the transfer document to the consignee, or the consignee informed the transport workers battalions person authorized to receive the goods delivered by him, multimodal should berelieved of its obligation to deliver the goods.
Responsibility and obligation of the multimodal transport operator
Rule five
1. From the grasp of the goods until delivery of the goods upon, is responsible for engaging in and/or on behalf of his own organization through transit of goods, including everything that needs this kind of combined transportation services, andwithin the limits prescribed by these rules, assume responsibility for that multimodal transport and the service;
2. His agents or servants acts and omissions as if such acts or omissions were hisown, take responsibility, if these agents or servants are acting in their duties;
3. For whom he used to meet with transport documents as proof of the contract and any other person providing services acts and omissions, and acceptance of responsibility;
4. Or under the organization responsible for all of the work needed to ensure delivery of the goods;
5. For him to take charge of the goods occurred during the delivery of the goodsto the cargo loss or damage and take responsibility within the limits prescribed bythese rules, and is responsible for paying these rules for such loss or damage compensation.
6. Take in rules 14 within the scope of the provisions on liability for delayed delivery and is responsible for the delivery of compensation provided for in the rules.
The rights and obligations of the parties
Rule VI
Special needs information, subject to these rules, the parties should be consistent in the multimodal transport document stated that they think is needed for commercial projects.
Rule seven
In transport business people took over goods of Shi, shipping people should was considered has on he by provides of goods type, and logo, and number, and number, and weight and/or volume, project of correctness to transport business people made guarantee, and, shipping people should on transport business people due to these project not accurate or not full and caused or caused of all out lost, and damaged and costs be compensation. Transport operators have the right to such compensation, no way he should be restricted according to transport documents to any person other than the consignor responsibilities and obligations.
Rule eight
Shipper shall comply with national law or International Convention concerning thecarriage of dangerous goods by mandatory rules and should in any case, before the transportation operator in charge of the dangerous goods, the exact nature ofthe dangerous goods, written notice to the transportation operator, and its preventive measures as necessary. If shipping people failed to provides these information, transport business people also not understand goods of dangerous nature and necessary of prevention measures, is in any when, if they was considered endanger life and property, will can according to situation of need, will its in any place uninstall, and destroyed, or makes of harmless, and without compensation, and shipping people should for this species goods of was charge, and transport or due to with of service work and caused of all out lost, and damage, and delay delivery or costs, bear responsibility.
On intermodal transport operators aware of the danger caused by the carriage ofthe goods of the exact nature of the burden of proof should be borne by the person entitled to take delivery.
Rule IX
Multimodal transport documents at least put him in charge of and responsible forthe quantity of goods and/or weight and/or volume and/or signs are clearly marked.
Except this rules first paragraph another has provides outside, if transport business people has reasonable according to suspected, transport single card Shang by contains on goods of type, and logo, and pieces number, and number, and weight and/or volume, project, does not exact to representative actual charge of goods, or, if he not has check these project of reasonable means, transport business people will right to in transport single card Shang made retained comments, but should specified this retained by refers to of specific matters.
Multimodal transport documents should be the multimodal transport operator who has custody of the goods as described in documents preliminary evidence. When transport documents are issued in negotiable form, and transferred to third parties acting in good faith, the evidence to the contrary, it cannot be recognised.
Rule x
Except has according to rules 15 of provides as out lost processing of goods zhiwai, unless according to transport single card right to delivery of people, in goods make he charge of or when zhiqian (as this out lost or damage does not obviously, is in thereafter continuous 7th within), will description out lost or damage of general nature of out lost or damage notification, in delivered locations written sent transport business people or he of representative, this delivered will should as transport business people has according to transport documents by said delivered goods of preliminary evidence.
Liability for loss or damage
A. Applicable do not know loss or damage occurs when the transport phases of rules:
Rule XI
Under the provisions of rule five 5, multimodal transport operator dealing with compensation for loss of or damage to the goods, but they do not know the loss ordamage occurs when the transport phases:
1. The compensation amount should be calculated with reference the local value ofcargo delivery to the consignee, or according to the contract of carriage of goodsshould have been delivered at the local value.
2. The value of the goods should be based on the current prices of the commodity exchange if the absence of such a price, shall be determined in accordance withthe market price if no commodity exchange price, when there is no current market price, you should refer to the same type and the same quality of the normal value.
3. Compensation shall not exceed the loss or damage of goods gross weight of 30 francs per kilogram, unless agreed by the multimodal transport operator, the consignor of the goods declared a higher value and this value has been indicated inthe transport document, in this case, this higher value should be the compensationlimits.
However, in any case, multimodal transport operator the amount of compensationshould not be more than entitled to claim actual damages.
Rule 12
If you don't know the loss or damage incurred by the transport stage, caused the loss or damage is due to the following reasons if combined transport operators will not be required to compensation under the provisions of rule five 5:
1. The shipper or the consignee, other than the multimodal transport operator orperson acting on behalf of the shipper or the consignee, or by taking over the goods by the multimodal transport operator who acts or omissions;
2. Lack of or improper packing or marking;
3. Consignor or consignee or any person acting on behalf of the consignor or theconsignee of the goods handling, loading, stowage or unloading;
4. Latent defects of the goods;
5. Strikes, lockouts, work stoppages or restrictions, the consequence is transportation operator has taken reasonable care cannot be avoided;
6. Combined transport operators cannot be avoided by any causes or accidents, and the consequence is transportation operator has taken reasonable care cannotprevent;
7. Nuclear accident, if in accordance with applicable international or domestic lawgoverning nuclear energy liability, operation of a nuclear installation or a person acting on his behalf those responsible for the damage.
The loss or damage is due to one or more causes or accidents arising out of a, bythe multimodal transport operator personnel credit responsibility.
When the transportation operator according to the circumstances of the accidentconcluded that the loss or damage to items 2 to 4 above one or more reasons orwhen the cause of the accident, it shall be presumed for loss or damage was caused. However, claimants have the right to prove that it was indeed the loss or damage is not in whole or in part by one or more of the above reasons or accidents caused.
B. Applies know loss or damage occurs when the transport phases of rules:
Rule 13
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Copyright 2012-2018. ALL RIGHTS RESERVED (International Trade Law)
Telephone：0086-13315171023 QQ:1215545143
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Copyright 2012-2018. ALL RIGHTS RESERVED (International Trade Law)
Telephone：0086-13315171023 QQ:1215545143
Email：tradelawchina@hotmail.com Technical support：ZW0311