Bills of Lading

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Detailed examination of a Bill of Lading
(Assignment 2)

Student: Robert Armstrong
Student ID: 109706

Lecturer: Peter Cain
Subject: Maritime Law
Course: Bachelor of Business (Maritime & Logistics Management)

Due Date: 9th May 2011
Word Count: 3501

Abstract
The ACL bill of ladings many clauses provided a detailed explanation of the terms and conditions of Carriage. The bill when paired with the Hague-Visby rules defines the rights and limitations of the Carrier and the Merchant in terms of responsibility and liability for damage or loss or goods during the carriage. Clauses such as the liberty clause provide greater limit’s the Carrier’s liability than is describes in the H/V rules which therefore provides greater protection to the Carrier. The ACL bill defines the defences that both the Carrier and the Merchant have. In particular the Carrier has defences against non-payment from the Merchant as the Carrier has a lien on cargo and sub freights. The ACL bill aims to define who can be held liable for damage of loss to the goods at any given period of the voyage and whether the party is eligible for any limits to liability.

Table of Contents
Abstractii
Table of Contentsiii
Introduction1
Preliminary Clauses1
Clause 1: Definitions1
Clause 2: Carrier’s Tariff1
Clause 3: Carriers Responsibility-Paramount Clause1
Clause 4: Delay, Consequential Loss2
Limitations3
Clause 5: Certain Rights and Immunities for the Carrier and other persons3
Clause 6: Package/Unit Limitation and Declared Value3
Clause 7: Time Bar4
Clause 8: Merchants Responsibility4
Clause 9: Containers5
Clause 10: Temperature Controlled Cargo5
Clause 11: Matters Affecting Performance5
Clause 12: Method and Route of Transportation6
Clause 14: Charges6
Clause 15: Lien6
Clause 16: General Average7
Clause 17: Jurisdiction and Law7
Clause 18: Separability7
The Overall Meaning and Effect of the Bill7
Conclusion9
References10

Introduction
The Atlantic Container Line bill of lading contains many clauses which are detailed explanations of the terms and conditions of carriage. The bill operates under an international regime which determines the provisions of what rules apply to the bill. Throughout this assignment the bill is subject to the provisions of the 1968 Hague-Visby rules. The various clauses within the bill provide details on the Carriers and Merchants responsibilities and obligations towards the carriage. The bill also defines the rights and limitations of the Carrier and the Merchant in terms of responsibility and liability for damage or loss or goods during the carriage. Along with liabilities and responsibilities of the Carrier and the Merchant the ACL bill defines the defences that each party have, and in particular the defence against non-payment from the Merchant. This paper discusses the effects of the individual clauses within the bill as well as the effect of the bill as a complete document when the Hague-Visby rules are applied. Preliminary Clauses

Clause 1: Definitions
Clause 1 of the Atlantic Container Line AB standard Bill of Lading deals with the definitions of key terms used throughout the bill. The term “Carrier” refers to a range of individuals including the ACL, the vessel owner, and master, charterer, pre-carrier or on-carrier that is involved with the carriage of goods. “Merchant” refers to the shipper, the consignee, the receiver of goods, the bill of lading holder and anybody acting on behalf of these parties. The word “container” is referred to in a much more baud term than just containers it also includes trailers and pallets and any other means of consolidating goods during transport. Clause 2: Carrier’s Tariff

The provisions of the Carrier’s tariffs are incorporated unless there are differences between the Carrier’s tariff and the bill of lading. In this case the bill of lading...
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