BILL OF LADING


DEFINITIONS


Bill of Lading

The Bill of Lading is a written statement from the master whereby he acknowledges to have received the goods on board of his ship and undertakes to carry them to the place of destination and to deliver them in the same good order and condition as he received them on production of the original Bill of Lading.

The Bill of Lading has a threefold function:

  1. It is a receipt for the goods.
  2. It is a contract of carriage.
  3. It is a document of title.

Carriage

"Carriage" means the whole of the operations and services undertaken by the Carrier in respect of the goods.

Carriage of Goods

"Carriage of goods" covers the period from the time when the goods are loaded on to the time when they are discharged from the ship (HVR, Article I, par. e).

Carrier


The "Carrier" is the party on whose behalf the bill of lading has been signed.

It includes the owner or the charterer who enters into a contract of carriage with a shipper (HVR, Article I, par. a).

Combined transport

"Combined transport" or "Multimodal transport" (also through transport) arises if the place of receipt and/or the place of delivery are indicated on the face of the bill of lading in the relevant spaces.

Container

Includes any container, trailer, transportable tank, flat or pallet, or any similar article used to consolidate goods.

Contract of Carriage

The term "Contract of Carriage" applies only to contracts of carriage covered by a bill of lading or any similar document or title, in so far as such document relates to the carriage of goods by sea, including any bill of lading or any similar document as aforesaid issued under or pursuant to a charter party from the moment at which such bill of lading or similar document of title regulates the relations between a carrier and a holder of the same (HVR, Article I, par. b).

Goods

Goods includes goods, wares, merchandises, and articles of every kind whatsoever, except live animals and cargo which by the contract of carriage is stated as being carried on deck and is so carried (HVR, Article I, par. c).

Holder

The "Holder" means any person for the time being in possession of the Bill of Lading to whom the property in the goods has passed on or by reason of the consignment of the goods or the endorsement of the bill of lading or otherwise.

Merchant

Wherever the term "merchant" is used, in the bill of lading, it shall be deemed to include the shipper, the receiver, the consignee, the holder of the bill of lading  and the owner of the good.

Port to Port Shipment

Port to Port Shipment arises if the carriage called for by the bill of lading is not combined transport or multimodal transport or through transport.

Ship

The term "Ship" means any vessel used for the carriage of goods by sea (HVR, Article I, par. d).

NOTE

Some definitions are found on the back on the bill of lading, others are given in the Hague Rules.







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