school of international economics chapter 6: delivery of goods 商品的交付

School of International Economics

Chapter 6: Delivery of Chapter 6: Delivery of GoodsGoods

商品的交付商品的交付


Delivery of GoodsDelivery of Goods

Delivery of GoodsDelivery of Goods Refers to the act of the seller

transferring the title to the goods ( 货权 ) to the buyer in accordance with the stipulations in the contract.

① Symbolic delivery or Constructive delivery 象征性交货或推定交货

② Physical delivery or Actual delivery 实际交货




A. Methods of the delivery

B. Delivery conditions

C. Shipping documents



A.A. Methods of the delivery Methods of the delivery 运输方式运输方式I.I. Ocean transport Ocean transport 海洋运输海洋运输II.II. Railway transport Railway transport 铁路运输铁路运输III.III. Air transport Air transport 航空运输航空运输IV.IV. Container Transport Container Transport 集装箱运输集装箱运输V.V. Land Bridge Transport Land Bridge Transport 大陆桥运输大陆桥运输VI.VI. International Multimodal Transport International Multimodal Transport 国际国际

多式联运多式联运


A.A. Methods of the delivery Methods of the delivery 运输方运输方式式

I.I. Ocean Transport Ocean Transport 海洋运输海洋运输1. Shipping by chartering or tramp 租

船运输又称不定期船运输2. Liner transport 班轮运输


I.I. Ocean Transport Ocean Transport 海洋运输海洋运输

1. Shipping by Chartering or Tramp 租船运输又称不定期船运输

A tramp is a freight-carrying vessel which has no regular route ( 航程 ) or schedule of sailings ( 船期表 ).

① Voyage charter 定程租船② Time charter 定期租船③ Demise charter 光船租船


1. Shipping by Chartering or Tramp

租船运输又称不定期船运输

① Voyage Charter 定程租船 According to the route stipulated in the

charter party, the ship-owner is responsible for delivering the goods to the port of destination and for managing the ship as well as bearing all expenses.

① Single voyage charter 单航次租船② Return voyage charter 来回航次租船③ Successive voyage charter 连续航次租船




② Time Charter 定期租船 The charterer ( 租船者 ) charters the ship for

a period of time during which the ship is deployed ( 调度 ) and managed by the charterer.

Charterer’s expenses: loading, unloading, stowing, trimming, fuel expenses( 燃料费 ), port expenses usw.

Shipper-owner’s expenses: wages and board expenses ( 膳食费用 ) of the crew ( 全体船员 ), seaworthiness expenses （船舶）适航 and the vessel insurance premium




③ Demise Charter or Bareboat Charter 光船租船

Belongs to time charter The ship-owner only provides the

charterer with a bareboat, the charterer shall employ the crew by himself.



租船运输又称不定期船运输 Charter Party 租船契约或租船合同

A contract concluded between the ship-owner and the charterer when the latter charters the ship or booking shipping space from the former.

It stipulates the rights and obligations of the two parties, such as freight, time of chartering, loading and unloading expenses etc.

Standard form of charter party Uniform Time Charter (BALTIME) 标准定期租船合同 Uniform General Charter (GENCON) 标准杂货租船合同



租船运输又称不定期船运输 3 Methods of Stipulating the

Freight:

① Tonnage of the goods loaded 装船时的货物重量

② Tonnage of the goods unloaded 卸船时的货物重量

③ On all-round contract basis 以运费包干为条件 ( 整船包价 )



租船运输又称不定期船运输 3 Methods to Pay the Freight:

① Freight can be paid in advance --- Freight Prepaid 运费预付

② Freight can be paid after the goods have arrived at the port of destination --- Freight Collect 运费到付

③ Part of freight is paid in advance, the rest of which is paid after the goods have arrived at the port of destination



租船运输又称不定期船运输 4 Methods of Bearing Loading and

Unloading Expenses:

① The ship-owner bears gross terms 船方负担装卸货费用

② The ship-owner is free in (F.I.) 船方不负担装货费用

③ The ship-owner is free out (F.O.) 船方不负担卸货费用

④ The ship-owner is free in and out (F.I.O.) 船方不负担装卸货费用

(F.I.O.S.T.)



租船运输又称不定期船运输 Demurrage 滞期费

During the time limit of loading and unloading, in case the charterer does not finish the work of loading and unloading , in order to compensate the ship-owner for his losses, the charterer should pay certain amount of fine ( 罚款 ) for the exceeding time, this is so called demurrage.




Dispatch Money 速遣费 During the time limit of loading and

unloading, in case the charterer finishes the work of loading and unloading ahead of schedule, then the ship-owner shall pay certain amount of bonus ( 奖金 ) to the charterer, this is so called dispatch money.


I.I. Ocean Transport Ocean Transport 海洋运输海洋运输

2. Liner transport 班轮运输 A liner is a vessel with regular

sailings and arrivals on a stated schedule between specific ports.

The carrier is responsible for loading and unloading operations.


2. Liner transport 班轮运输

Standards for Calculating Freight:

① According to gross weight, i.e., weight ton ( 重量吨 , W/T), --- ”W”

② According to volume, i.e., measurement ton ( 尺码吨 , M/T), --- ”M”

③ According to gross weight or volume, i.e., choosing the higher rate of the two, --- “W/M”




④ According to value of the cargo, i.e., a certain percentage of FOB price, --- ”A.V.” (Ad Valorem) 从价运费

⑤ According to gross weight or volume or A.V. i.e., choosing the highest rate of the three, --- “W/M or A.V.”




⑥ According to gross weight or volume ， and then plus a certain percentage of A.V. --- “W/M plus A.V.”

⑦ According to the number of the cargo

⑧ According to the temporary agreement entered into between the ship-owner and the consignor ( 发货人 ) 临时议定价格



Freight Consists of 2 Parts:

① Basic Rate 基本运费率② Surcharges 附加费



② Main Surcharges 附加费 Heavy lift additional 超重附加费 Long length surcharge 超长附加费 Transshipment surcharge 转船附加费 Port congestion surcharge 港口拥挤附加费 Port surcharge 港口附加费 Bunker surcharge or bunker adjustment

factor (BAF) 燃油附加税



II.II. Railway transport Railway transport 铁路运输铁路运输 Four kinds:

① Railway transport at home

② Railway transport to H.K. and Macao

③ International railway transport between two countries

④ International railway through transport 国际铁路联运


International railway through transport国际铁路联运

Related International Related International Agreement:Agreement:

International Railway Cargo Through Transport Agreement 国际铁路货物联运协定，简称“国际货协”

International Convention Concerning the Carriage of Goods by Rail 国际铁路货物运输公约，简称“国际货约”


International railway through transport国际铁路联运

Railway Bill and its duplicate 运单正本和运单副本

The railway bill is the transportation contract and binding upon the consignee, the consignor and the railway department.

The railway bill together with the goods is transported.

The consignor may exchange settlement with the bank against the duplicate of railway bill.



III.III. Air Transport Air Transport 航空运输航空运输 Especially suitable for transporting

fresh, live, perishable, and seasonable goods.

The airway bill is a transport contract signed between the consignor and the carrier.

The consignee take delivery of the goods against the advice of arrival ( 到货通知 ) given by the carrier.



III.III. Air Transport Air Transport 航空运输航空运输 Main Kinds of Air Transport:

Scheduled Airline 班机运输 Chartered Carrier 包机运输

Standards for Calculating Freight: According to gross weight or volume,

i.e., choosing the higher rate of the two, 6000 cubic centimeter = 1 kilogram

According to value of the cargo According to the class rate of goods



IV.IV. Container Transport Container Transport 集装箱运输集装箱运输 Delivery Types of Container Transport:

① Port to Port 港到港② Door to Door 门到门

Container Yard (CY, 集装箱堆场 ) and Container Freight Station (CFS, 集装箱中转

站 ) Container transport falls into 2 kinds:

① Full Container Load (FCL) 整箱货② Less than Container Load (LCL) 拚箱货



V.V. Land Bridge Transport Land Bridge Transport 大陆桥运输大陆桥运输 Land bridge transport is a mode of

transport that connects the ocean transport on the two sides of the land by the railway which runs across the continent. 是指使用铁路或公路系统作为桥梁把大陆两端的海洋运输连接起来的连贯运输方式。

2 Main land bridges in the world:

① Siberian Land Bridge 西伯利亚大陆桥② American Land Bridge 美国大陆桥



VI.VI. International Multimodal International Multimodal Transport Transport 国际多式联运国际多式联运

International multimodal transport means the conveyance of cargo between two countries by at least two modes of transport from the place of dispatch to that of destination on the basis of a multimodal transport contract.

是指按照多式联运合同，以至少两种不同的运输方式，由多式联运经营人把货物从一国境内接运货物的地点运至另一国境内指定交付货物的地点。


VI.VI. International Multimodal International Multimodal Transport Transport 国际多式联运国际多式联运

Basic Conditions of Basic Conditions of International Multimodal International Multimodal TransportTransport

① Combined transport documents ( 联合运输单据 ) shall cover the whole journey

② Include two or more different modes of successive transportations ( 连贯运输 )

③ Shall be international transportation

④ MTO ( 多式联运经营人 ) shall be responsible for the whole journey

⑤ Use a single factor rate ( 全程单一运费费率 )



B.B. Delivery ConditionsDelivery Conditions 装运条件装运条件 (( 条条款款 ))

1. Time of delivery

2. Port of shipment and port of destination

3. Shipping advice


B.B. Delivery ConditionsDelivery Conditions 装运条装运条件件

1.1. Time of Delivery Time of Delivery 交货时间交货时间 Refers to the time limit during which

the seller deliver the goods to the buyer at the agreed place by the agreed methods

Difference between “Time of delivery” and “Time of shipment” ( 装运时间 )


1.1. Time of Delivery Time of Delivery 交货时交货时间间

Difference between “Time of delivery” ( 交货时间交货时间 ) ) and “Time of shipment” ( 装运时间 )

Under “F” and “C” group trade terms, Time of delivery = Time of shipment

Under “D” group trade terms, Time of delivery ≠ Time of shipment


1.1. Time of Delivery Time of Delivery 交货时交货时间间

Ways of Stipulating the Time of Delivery:

① Stipulate the definite time of delivery Example: Shipment on or before Sept. 15th, Shipment during May/June 1995

② Stipulate an unfixed time Example: Shipment within 30 days after receipt of

L/C

③ Stipulate the goods shall be shipped in the near future

Example: Immediate shipment, Prompt shipment


B.B. Delivery ConditionsDelivery Conditions 装运条装运条件件

2.2. Port of Shipment and Port of Port of Shipment and Port of Destination Destination 装运港和目的港装运港和目的港

The port of shipment or the place of departure is usu. chosen and determined by the seller.

The port of destination or the place of destination is usu. chosen and determined by the buyer.


2.2. Port of Shipment and Port Port of Shipment and Port of Destination of Destination 装运港和目的装运港和目的港港

When Stipulating Port of When Stipulating Port of ShipmentShipment

① Shall be close to the origin of the goods.

② The loading and unloading and specific transportation conditions etc.

③ Under FOB terms, the depth of the port of shipment shall be suitable to the ship chartered by the buyer.



When Stipulating Port of When Stipulating Port of Destination:Destination:

① Should not accept the port in the country with which our government does not permit to do business

② The stipulation shall be definite and specific.

③ If we have to choose a port which has no direct liner to stop by or the trips are few, we should stipulate “transshipment to be permitted” in the contract.



When Stipulating Port of When Stipulating Port of Destination:Destination:

④ Shall be the one at which the vessel may safely arrive and be always afloat.

⑤ Usu. do not accept an inland city as the port of destination.

⑥ The optional port ( 选择港 ) may be accepted upon request of the foreign party.


When Stipulating Port of When Stipulating Port of DestinationDestination

Attention under Attention under ““Optional Optional PortPort”” : :

① The port provided shall be in the same line and shall be the one that may be reached by ordinary liners.

② The number of optional ports shall not exceed 3.

③ When calculating the freight and surcharges, the highest rates for them shall be charged due to the option.


When Stipulating Port of When Stipulating Port of DestinationDestination

Attention under Attention under ““Optional Optional PortPort”” : :

④ The consignee shall inform the liner company or its agent at the final port of destination before the liner has arrived at the first port provided, otherwise the ship-owner has the right to discharge the goods at any port provided.



C.C. Shipping Documents Shipping Documents 货运单据货运单据 Indicate that the goods have been

loaded on board the vessel or have been delivered into the custody of the carrier.

1. Bill of Lading (B/L) 海运提单 2. Railway bills 铁路运单 3. Airway bills 航空运单 4. Multimodal transport documents, etc

多式联运单据


C.C. Shipping Documents Shipping Documents 货运货运单据单据

1.1. Bill of Lading (B/L) Bill of Lading (B/L) 海运提单海运提单 (( 提单提单 )) The document for sea transport, which is

a receipt from the shipping company, giving details of a particular shipment.

① Roles of B/L

② Kinds of B/L

③ Contents of B/L


1.1. Bill of Lading (B/L) Bill of Lading (B/L) 海运提海运提单单

①① Roles of B/LRoles of B/L

a) B/L is a receipt for the goods ( 货物收据 )

b) B/L is a document of title to the goods. ( 货物所有权的凭证 )

c) B/L is evidence of the contract of carriage ( 运输契约的证明 )



②② Kinds of B/L:Kinds of B/L: Shipped on Board B/L and Received for

Shipment B/L Clean B/L and Unclean B/L Straight B/L, Order B/L and Blank B/L Direct B/L, Transshipment B/L and Through B/L Long Form B/L and Short Form B/L Liner B/L and Charter Party B/L Other types of B/L


已装船提单备运提单清洁提单不清洁提单记名提单不记名提单指示提单直达提单转船提单联运提单全式提单简式提单租船提单班轮提单倒签提单舱面提单过期提单

海运提单种类海运提单种类


②② Kinds of B/LKinds of B/L Shipped on Board B/L and

Received for Shipment B/L “已装船提单“和 " 备运提单 " A shipped on Board B/L is evidence that

the goods have been loaded on board a certain steamer.

A received for shipment B/L is evidence given by the ship-owner that the goods have been received for shipment but have not yet been actually loaded on a particular ship.


②② Kinds of B/LKinds of B/L Clean B/L and Unclean B/L “清洁提

单”和“不清洁提单”。 A clean B/L shows that the goods have

been shipped on board a vessel in apparent good order and condition.--- ”shipped in apparent good order and condition”

Unclean B/L generally marked: “insufficiently packed” ( 包装不固 ) , “carton old and stained” ( 玷污的 ), “…packed in damaged condition”, etc.


②② Kinds of B/LKinds of B/L Straight B/L, Order B/L and Blank

B/L " 记名提单” ," 指示提单 " 和 “空白提单” A straight B/L is made out so that only

the named consignee at the destination is entitled to take delivery of the goods under the bill.

Straight B/L is not transferable.



B/L " 记名提单” ," 指示提单 " 和 “空白提单” An order B/L indicates that the bill is

made out to the order of any person named in such a bill.

是指收货人一栏只填写凭指示 (Order 或 To Order) 或凭某人指示 (Order of…) 字样的一种提单。

Order B/L can be transferred after endorsement. （背书）



B/L " 记名提单” ," 指示提单 " 和 “空白提单” A blank B/L is also called “open B/L” or “bearer B/L”

Refers to the bill in which the name of a definite consignee is not mentioned.

Blank B/L can be transferred without endorsement.


②② Kinds of B/LKinds of B/L Direct B/L, Transshipment B/L and

Through B/L “直运提单” ,“转船提单”和 “联运提单” A direct B/L is evidence that the goods

are shipped and carried by the steamer and transported from the port of loading direct to the port of destination without transshipment during the voyage.



Through B/L “直运提单” ,“转船提单”和 “联运提单” A transshipment B/L is a document

showing that when there is no direct service between two ports, the goods are transited by another steamer during the voyage.



Through B/L “直运提单” ,“转船提单”和 “联运提单” A through B/L is issued when the entire

voyage involves more than one carrier. The first carrier issues the bill and collects

the freight for the entire voyage, and arranges transshipment and forwarding of the goods at the intermediate port.


②② Kinds of B/LKinds of B/L Long Form B/L and Short Form B/L “全式提单”和 “略式或简式提单” A long form B/L: on the back of which

all the detailed terms and conditions about the rights and obligations of the carrier and consignor are listed as an integral part of the bill.

A short form B/L is a document which omits （省略） the terms and conditions on the back of the B/L.


②② Kinds of B/LKinds of B/L Other Types of B/L

Ante-dated B/L On Deck B/L Stale B/L


Other Types of B/LOther Types of B/L Ante-dated B/L “倒签提单”

In order to avoid non-acceptance for negotiation ( 议付 ) of the B/L by the bank, when the actual loading date is slightly later than the date of shipment stipulated in the L/C ( 信用证 ), the carrier sometimes, at the request of the shipper, will issue to the shipper an ante-dated B/L so as to meet the requirement of the L/C.


Other Types of B/LOther Types of B/L On Deck B/L “舱面提单”又称”甲板货提

单” Is issued when the goods are stowed on deck. The carrier shall not be responsible for the

damage to and losses of the deck goods. Usu. unaccepted by the bank. Special cargoes, “loading on deck to be

allowed” in the contract and the relative L/C Specific insurance should be taken out by the

shipper.


Other Types of B/LOther Types of B/L Stale B/L “过期提单”

Is a bill when it is presented to the consignee or bank later than a specified time after issuance.

«Uniform Customs and Practice for Documentary Credits» (” 跟单信用证统一惯例“ ) , the B/L shall be presented within a specified time after issuance---within 21 days after issuance of the B/L. ( 提单签发日期 21 天内 )



③③ Contents of B/L:Contents of B/L: «International Convention for the

Unification of Certain Rules of Law Relating to Bill of Lading» (Hague Rules) « 统一提单的若干法律规则的国际公约 », 简称 « 海牙规则 »

Particulars on the face of the B/L Clauses on the back of the B/L


Contents of B/LContents of B/L

Particulars on the face of the B/L Consignor 发货人 Consignee 收货人 Party to be notified 通知人 Name of the vessel

Voyage 航次 Port of shipment and Port of destination

etc.


Contents of B/LContents of B/L Clauses on the back of the B/L

Obligations and responsibility of the carrier

Exceptions 免责条款 Claim and action clauses

Duty and obligation of the consignor

Transportation clauses for special goods

Other clauses



2.2. Multimodal Transport Multimodal Transport Document (M.T.D.) Document (M.T.D.) 多式联运单据多式联运单据

A document which evidences the combined transport contract and indicates that the MTO shall take over the goods and shall be responsible for delivering the goods according to the clauses in the contract.



Difference between M.T.D. and Difference between M.T.D. and Through B/LThrough B/L

① Modes of transportation are different

② The issuers are different

③ Responsibilities of the issuers are different

④ A through B/L is a shipped, on board B/L, while an M.T.D. may be a shipped on board B/L, but in most cases, it is a received for shipment document.

school of international economics chapter 6: delivery of goods 商品的交付

Documents

tramp voyage charter

actual delivery slide

tramp charter party

bareboat charter

tramp demise charter

delivery conditions

symbolic delivery

time of chartering