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1、Unit 9 Marine Bills of Lading教学目的和要求：1. 了解bill of lading的定义2. 了解bill of lading的主要功能3. 了解bill of lading的种类4. 了解bill of lading的制作5. 掌握重点单词教学重点：1. Bill of lading的定义2. Bill of lading的主要功能3. Bill of lading的种类教学过程：一、 复习提问1. 租用不定期货船有哪三种主要的租约？2. 三种主要租约的特点分别有哪些？3. 三种主要租约分别适用哪些合同格式？二、 重点单词Consignment 交货，发货Dam
2、age 损坏Arrival Notice 到货通知三、 General Concept of Marine Bills of LadingA bill of lading is a type of document that is used to acknowledge the receipt of a shipment of goods. Marine bills of lading are used primarily in international sales of goods where the carriage of goods is by sea. They define the
3、 terms and conditions of carriage for transport of cargo by sea.Broadly, a bill of lading has been defined as a receipt for goods shipped on board a ship, signed by the person (or his agent) contracting a carry them, and stating the terms on which the goods were delivered to and received by the ship
4、. It is not the actual contract, but forms excellent evidence of the terms of the contract.提单，是指用以证明海上货物运输合同和货物已经由承运人接收或者装船，以及承运人保证据以交付货物的单证。提单中载明的向记名人交付货物，或者按照指示人的指示交付货物，或者向提单持有人交付货物的条款，构成承运人据以交付货物的保证。A bill of lading (sometimes referred to as a BOL,or B/L) is a document issued by a carrier to a sh
5、ipper, acknowledging that specified goods have been received on board as cargo for conveyance to a named place for delivery to the consignee who is usually identified. A through bill of lading involves the use of at least two different modes of transport from road, rail, air, and sea. The term deriv
6、es from the noun bill, a schedule of costs for services supplied or to be supplied, and from the verb to lade which means to load a cargo onto a ship or other form of transport.It is quite evident that a bill of lading can be used as a traded object. The standard short form bill of lading is evidenc
7、e of the contract of carriage of goods and it serves a number of purposes: It is evident that a valid contract of carriage, or a chartering contract, exists, and it may incorporate the full terms of the contract between the consignor and the carrier by reference (i.e. the short form simply refers to
8、 the main contract as an existing document, whereas the long form of a bill of lading (connaissement intgral) issued by the carrier sets out all the terms of the contract of carriage); It is a receipt signed by the carrier confirming whether goods matching the contract description have been received
9、 in good condition (a bill will be described as clean if the goods have been received on board in apparent good condition and stowed ready for transport); and It is also a document of transfer, being freely transferable but not a negotiable instrument in the legal sense, i.e. it governs all the lega
10、l aspects of physical carriage, and, like a cheque or other negotiable instrument, it may be endorsed affecting ownership of the goods actually being carried. This matches everyday experience in that the contract a person might make with a commercial carrier like FedEx for mostly airway parcels, is
11、separate from any contract for the sale of the goods to be carried, however it binds the carrier to its terms, irrespectively of who the actual holder of the B/L, and owner of the goods, may be at a specific moment.四、 Functions of Marine Bills of Lading(1) A bill of lading is a receipt issued by a c
12、arrier that an identifiable consignment of goods has been received by him for shipment, or actually loaded on board his ship.(2) A bill of lading is a document of title to goods.(3) The terms of the bill of lading provide evidence of a contract of carriage between a carrier and a shipper.五、 Types of
13、 Marine Bills of Lading(1) Order bills of lading 指示提单Order bills are issued by carriers to the order of a shipper or consignee. This means that the carrier, shipowner, charterer or master will deliver the goods at the port of destination not solely to the named consignee, but to any person designate
14、d by him. An order bill of lading is a negotiable document. Order bills made out to consignee “or order” can be transferred by endorsement.(2) Straight bill of lading 记名提单Straight bills are those made out to named consignees without the addition of the words “or order”. They are not negotiable and c
15、annot be transferred to third parties. Delivery of goods, therefore, can only be taken by the named consignee.(3) Shipped bill of lading 已装船提单Shipped bills state definitely that goods have been loaded(4) Received for shipment bills of lading 收货待运提单Received for shipment bills state that goods have be
16、en received for shipment, and do not indicate the actual date of loading(5) Direct bills of lading 直达提单Direct bills of lading are those covering shipments between direct ports of loading or discharge直达提单是指货物从装货港受载后，中途不经换船，直接运至目的港卸船交付货物的提单。(6) Through bills of lading 联运提单Through bills of lading cover shipme
