Судоводы - 9 семестр / Видищева Т.В., Монастырская О.И. - English in Maritime Business and Law (2014)

Exercise 6.1. Read the sample of a deadfreight letter. Fill in the gaps using the following

Dear Sirs,

(1)_________________________ that the vessel under my command

(2)______________ light o f deadweight to the amount o f 510 metric tons o f Methanol.

According to the vessel’s ullages taken upon (3)_____________________________ at the COMCO-Installation at Swansea the cargo totaled 7,990 metric tons o f Methanol. However, you(4)__________________ a quantity o f 8,500 metric tons in the Bill o f Lading, which means that there is a difference o f 510 metric tons.

We will therefore sign a (5)_______________ Bill o f Lading.

I herewith submit (6)________________________ , reserving owners’ right

(7)_________________ deadfreight as they may consider necessaiy as per covering Charter Party.

Please (8)_____________________ receipt o f this letter.

Yours faithfully,

S.Brown, Master o f M.T. Corrona

(Ullage - незаполненная часть объема(цистерны), пустоты)

Exercise 6.2.FUI in a deadfreight claim (page 115)

Exercise 7. Decide if the statements below refer to (a) owner; (b) charterer according to

Time charter

1.Provide and pay for all provisions and wages, for insurance o f the vessel

2.Take all reasonable steps to maintain the vessel in efficient state in hull and machinery__________

3.Provide and pay for all fuel and lubricants and transport, water, pilotage, port charges___________

4.Provide and pay for all deck and engine room stores_______________

5.Provide and pay for loading and unloading o f cargoes and cleaning o f cargo tanks___________

6.Provide and pay for custom duties, permits, import duties, clearance expenses______________

Exercise 8. Translatefrom Russian into English

1. По условиям тайм-чартера судовладелец оплачивает все постоянные расходы (заработная плата и питание экипажа, содержание судна в надлежащем техническом состоянии и т.д.), а фрахтователь - все переменные расходы (стоимость топлива, портовые сборы и расходы, стоимость погрузки и выгрузки).

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Unit 18

THE CONTRACT BETWEEN SHIPOWNER AND CARGO

OWNER

Vocabulary

•Common carrier - общественный перевозчик; перевозчик на общих для всех основаниях

•Private carrier - частный перевозчик; судно, закрепленное на перевозках грузов частной компании

• Inherent vice - свойственный, присущий (дефект), порог

•Jettison - выбрасывание предметов (грузов) за борт для спасения судна

•Maritime “adventure ” - морское предприятие

•Bailee - депозитарий - лицо, которому переданы товары на ответственное хранение; хранитель

•Consolidation o f cargo shipments - укрупнение (объединение) мелких партий грузов.

Exercise 1. Read the text and answer the questions

The Carrier

- is a party who agrees to carry, on a business basis goods or persons from one place to another. Most shipowners have the legal status of carrier.

The law recognizes 2 kinds of carrier: the common carrier and the private carrier.

Common carriers

-advertise themselves as being ready to cany goods or passengers, within their usual trading area, for anyone wanting to employ their services.

-are subject to the common law obligations

-are strictly liable for any loss or damage to the goods they carry, so that effectively they are the insurer of the goods whilst in their care.

Private carriers

make a special contract with their customers excluding or restricting their strict liability, i.e. contracting out of the common law obligations by stating their special terms o f carriage. Although the law allows any carrier to do this the Unfair Contract Terms Act 1977 applies to the terms incorporated into his contract and provides that any exclusion from liability must be reasonable.

The terms under which a private carrier contracts out o f his common law obligations must be clearly stated if they are to protect him in law. (Most carriers print their terms on their Bs/L or other contract o f carriage documents).

If a court holds that his contract terms were unreasonable or unfair, a private carrier may find himself reverting to the position of a common carrier.

As a private carrier, a carrier becomes a bailee of the goods carried; as such he is only liable for damage or the consequences o f delay occurring through his negligence.

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Most shipowners make themselves private carriers.

Common law obligations of carriers

All carriers of goods or passengers by sea (both common and private) are subject to ihe three c o m m o n la w o b lig a t io n s , which arc that:

1.The carrier must provide a vessel which is seaworthy for the purpose of the contract at the time it is made.

2.The carrier must not deviate from the contract, geographically or otherwise, without justification.

3.The carrier must ensure his vessel will be ready to load the cargo and proceed on the voyage with reasonable dispatch (without undue delay). These obligations are implied conditions and need not, therefore, be expressed in the contract. Even so, they are often expressed in the printed conditions o f carriage on Bs/L

1.Act of God, i.e. some unforeseen and unpreventable natural event, e.g. lightning or earthquake;

2.Act of Queen's enemies, i.e. a state or people with whom the carrier is at war

during the carriage of the goods (but excluding robbers, rioters and pirates);

3.Inherent vice in the goods, i.e. a natural tendency of a commodity to deteriorate without human negligence, e.g. fruit and fish deteriorating, liquids fermenting, loss of weight due to evaporation, etc. A carrier will not be liable for ordinary wear and tear in transit, ordinary loss or deterioration in quality or quantity such as evaporation, but he will be liable if he aggravates any loss or damage due to inherent vice through a breach of contract, e.g. by not protecting steel plates from the weather. Difficulty is often experienced in deciding whether deterioration in perishable goods is due to inherent vice or to bad ventilation or stowage (for which the ship would be liable);

4.Negligence of the consignor, e.g. insufficient or defective packing of goods inside

CNTRs or cases;

5. Fraud of the owner or consignor of the goods, e.g. where the shipper makes an untrue statement to the carrier as to their nature or value, or their threat to safety as well (for sea carrier only);

6. Jettison o r their proper General Average sacrifice, e.g. when cargo is intentionally and properly destroyed or damaged during the voyage in order to preserve the ship and other cargo from a danger threatening the entire “adventure

A sea carrier will not, however, be protected by the common law exceptions when the true cause of the loss or damage to the goods was:

- his negligence, e.g. is not taking reasonable steps to protect cargo from loss or damage;

- his vessel was unscaworthy at the start of the voyage; or

- the loss or damage occurred while the vessel was unjustifiably deviating from the contract.

NVOC s and NVOCC s

A non - vessel owning carrier or non-vessel operating carrier (NVOC) operates a shipping service (usually in the liner /general cargo trades) without owning or operating his

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own vessel, instead buying a volume of cargo space on vessels owned or operated by one or more shipowners with whom he contracts as a “shipper”, and then selling that space to individual merchants.

The NVOC issued his own B/L to each shipper with whom he contracts.

In relation to the merchant, the NVOC is the contractual carrier. In relation to the owner / operator of the carrying ship, the NVOC is a shipper, and will be issued with a B/L like any ordinaiy shipper.

Essentially, an NVOC is a freight forwarder in all but name. (Many freight forwarders and cargo consolidators advertise as NVOC or NVOCC s).

The expression “NVOCC” means non-vessel operating common carrier. It has legal definition only in the USA, where a party, contracting as an NVOCC carries the usual heavy legal burden of any common carrier.

1. How do you understand the term “Carrier ” and what obligations has he got?

2.What obligations do common carriers usuallyfulfill?

3.What are the obligations o fprivate carriers?

4.What common law obligations are all carriers o fgoods subject to?

5.What are common law exceptionsfrom liability?

6.What way does a non-vessel owning carrier operate?

Exercise 2. Match terms with their definitions

Exercise 3. Scan the text and list the verbs that take the nouns in the right column as objects__________________________________ _____________________________________

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Exercise 4. Here is a list o f some o f the major participants in the shipping procedure: Shipowner, Shipper, Consignee, Port Authority, Stevedores, Customs House, and Forwarding Agents. M atch the definition and the term

1.Company engaged in loading/discharging and stowage o f cargo on board ship

2.Company that operates, manages or owns vessels and undertakes the carriage o f goods by sea

3.A shipping agent or merchant that provides the goods and books shipping space with the owner

4.A firm or persons authorized to receive the cargo and to whom it is consigned

5.A governmental or administrative body governing the safety and arrangement of port operations

6.Persons or company engaged in taking care of cargo or personal effects from one place to another by sea, land or air; also dealing with customs formalities on behalf of the ship

7.The place where imports are entered, clearance papers are obtained, and other official ship’s business is transacted

Exercise 5. Scan the text on the beginning o f shipping procedure. Fill in the gaps using thefollowing terms. Translate into your native language

(W harfinger - начальник причала; представитель судовладельца на причале)

estimated the date when she will be ready to start loading for the next voyage.

First, application is made to the (3)___________ _________________ __ for a berth giving the date she will proceed alongside and later, when it is known, the actual time,

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UNIT 19

BILL OF LADING

Parti

Vocabulary

•Negotiable - оборотный

•Shipping note - ордер на погрузку

•To tally - подсчитывать

•Tallyman - тальман

•In triplicate - в 3 экземплярах

•‘Apparent good order and condition надлежащее по внешнему виду состояние

•Blank bill o f lading - незаполненный коносамент

•Endorsement - индоссамент, передаточная надпись на обороте документа

•Contractor - подрядчик

•“Accomplished” - выполнено

•Void - недействительный

•Delivery order - деливери-ордер, сдаточный ордер

•То tender - предлагать

•Tenor - текст документа; срок действия

Exercise 1. Read the text and answer the questions

the goods it describes.

-may, depending on how it is made out, be negotiable, i.e. transferable to a third party so as to effect transfer of title to the goods it describes, (see annex 14-15)

As the bill o f lading passes through the hands of the banks it represents security for any money they may have advanced on the goods and can be held by them until the buyer has satisfied his obligations to the issuing bank.

For a better understanding of the main functions of a B/L it is useful to know th e b a s ic d o c u m e n ta r y p r o c e d u r e s u s e d in s h ip p in g o p e r a tio n s .

Dry cargo tramp shipping procedure

1.Exporter /shipper makes a goods sales contract with an overseas buyer/ consignee.

2.Carrying ship is voyage chartered, proceeds to loading port, arrives on berth.

3.Shipping note containing details of goods (as stated by shipper) is presented to Chief Mate or Master. It contains the name of the shipper, the name of the ship, the port of destination, the description of the cargo (including size, weight and quantity of packages) and other relevant details identifying the shipment. The shipper prepares the shipping note which is checked and signed when the goods are received for shipment by the freight forwarder, port authority or shipping agent of the vessel. The receipted copy is exchanged

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taken cargo weight or quantity by some means.

5. Chief mate compares ship’s tally or in-taken cargo tonnages with details oi shipping note and issues a mate’s receipt from ship’s triplicate book. When a mate's receip is issued it's prima facie evidence of receipt of the goods in the order and condition market on the mate's receipt. Mate s receipt contains accurate and truthful details of quantity ant condition of goods, i.e. their ‘apparent good order and condition’ with references to an; shortage, damage, etc. One or more copies are given to shipper’s representative; ship retain: one copy in book. (In practice the port agent may issue mate’s receipts for the carrier). I defines the conditions on which the charterer, shipper or his agent are empowered ant authorised to issue bills of lading.(see annex 16)

6. Shipper obtains a full set of blank bills of lading (e.g. “Congebill” forms, see anno 14-15) from carrier, prints or types in details o f shipped goods exactly as stated on mate’s receipt. Set most often comprises 3 originals, but sometimes fewer and very occasionall) more, with several copies (marked “Copy non-negotiable”) for various parties and purposes (often including one marked “Captain’s Copy”).

7.Shipper tenders all original bills for signing by or on behalf o f the carrier, i.e. b> carrier’s head office, port agent or ship’s master.

8.Person authorized to sign carefully, checks details inserted by shipper to see that they correspond to those in ship’s copy of mate’s receipt, stamps (writes any required endorsements,) then signs all original bills in set.

9.Full set of signed original bills is issued to shipper together with copies as required. (Mate’s receipt, as issued by ship, may be demanded by carrier before issue of bills of lading). Master retains one copy of B/L on board as “Captain’s Copy”).

10.Ship sails from loading port.

11.Shipper sends full set of B/L to consignee (usually in exchange for payment for goods, but as agreed in sales contract). At least one bill should be posted in a later post than others in case all are lost/ stolen.

12.Ship arrives at discharge port.

13.Consignee, or receiver acting as consignee’s agent (e.g. haulage contractor) proves his identity to port agent and presents one original B/L, duly endorsed to him. Freight, demurrage or other charges owed to carrier are paid to agent.

14.Agent stamps presented B/L “Accomplished”; all other original Bs/L in set are now legally void. Agent issues delivery order to consignee or receiver to enable collection of goods from quay, warehouse, tank, ship, etc.

15.Delivery order is presented to warehouseman, ship, etc. Goods are released into possession of consignee or receiver and become legally delivered.

The above is a simplification of the procedure in modem shipping operations. The documentary credit system is often used to facilitate early payment o f the seller by the buyer, and this complicates the journey of the Bs/L, since the original bills must be transferred to specified banks as security for their credit advances, made out in such a way that each bank involved has a good legal title in the goods represented by the B/L.

1.What kind o f document is a bill o f lading? What are itsfunctions?

2.What does this document signify?

3. In what case may a bill o f lading be negotiable?

4.What are the basic documents used in shipping operations? Name them.

5.What are the parties in the shipping procedure?

6.What set o f documents must be obtained by the shipper?

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7.What is the fu n ctio n o f an agent in the procedure?

8. Who issues the delivery note a n d why?

Exercise 2. Match the parts o f the bill o f lading with the descriptions below

1.The date of the contract between the exporter and the shipping company

2.The name of the importer

3.Details of the goods

4.The name of a ship

5.Money paid to the shipping company before the journey

6.The place where the goods are unloaded

7.The name of the shipping company

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