英文版1932年华沙--牛津规则
来源:学生作业帮助网 编辑:六六作业网 时间:2024/12/24 12:55:00
英文版1932年华沙--牛津规则
英文版1932年华沙--牛津规则
英文版1932年华沙--牛津规则
The first rule of general principles known as the "Warsaw-Oxford rules," as used in these rules in the contract. a desire to make sure the parties on the contract I F C contract. I F C in the contract, any of the rules may change, modify or add other provisions, But the change, modify or add explicit agreement can be established by the parties to the contract. If the above explicit agreement, all related to the sale of all or part of the carriage of goods by sea. Where expressly adopted the "Warsaw-Oxford rules", The rights and obligations of parties to the contract shall invoke the provisions of this rule. If these rules conflict with the contract, the contract shall prevail. Where the contract does not specify the matters should be handled in accordance with the regulations. The rules of the "specific trade practices" refers to specific industries has been formed in a universal habit so accustomed to it that the parties to a contract to have known that the existence of a contract signed in the light of this habit. The second shipment of the responsibility of the seller (i) Except as provided in the section under section 7 (III). (iv) the requirement that the seller of goods to be available in the contract. In accordance with the customary way to the port and shipped to the port where cargo is loaded on board. (II) If the contract provides for the sale of goods at sea highway. or in accordance with section 7 (II) and (iv) provides that the carrier has been handed over to the custody of or for the sake of fulfilling the contract, the seller had the right to buy Sea highway goods according to contract specifications. only this cargo transferred to the seller under a contract for the sale. This allocation is no need to submit documents for the buyer before, it means that the goods are transferred to the document submitted under contract for the sale. The third of the time and date of shipment (i) of the total quantity of goods sold in accordance with the provisions of a contract for the sale or shipment deadline. or transferred to the custody of the carrier. Where the contract does not specify the time or duration, in a reasonable time frame should be shipped or handed over to the custody of the carrier. (II) the effective provision of the contract as a bill of lading or other documents to prove that they set out to a carrier for the shipment date or that date is the date of actual custody of the shipment or prima facie evidence of actual delivery. Thus, the buyer does not lose the right to prove. Fourth of exceptions due to force majeure, any special reason for the accident, or because no matter what the obstacles or wherever, or as a result, the outcome of which could not be foreseen at the time the seller or avoided. seller shipment delays or failure to set all or part of the goods sold in whole or in part, or delays or failure to set the goods sold. to the custody of the carrier, the seller would give irresponsible. If the above reasons, accident or barriers to prevent, hinder or delay all or part of a set of production of goods for sale, manufacture, to the seller or shipment, or lease all or part of the vessel, the seller should inform the buyer. This circular has been issued to the carrier's custody or shipment time period should be extended to the above reasons, Accident or barriers are lifted. But all those reasons, accidents or obstacles, If renewal of a contract for the sale of the shipment over to the custody of the carrier or the date or deadline of 14 days (if the contract does not specify the date of this shipment, or to a carrier or custodian deadline according to the third of the expected deadline for a reasonable period of time), the seller still perform all or part of the contract. parties from the sale of any of choice. In this regard, either party may within seven days in the 14 days after the decision and notify the other side. This notice is issued, either party would have no choice but to the other because of this claim. The second risk shall, in accordance with Article 5 of the risk from the time cargo is loaded on board to transfer to the buyer; If the seller in accordance with Article 7.2 (iii), (iv) provides that the right to custody in lieu of goods to the carrier for shipment. from the actual time to the carrier, the risk is transferred to the buyer. Ownership in accordance with paragraph 6 of Article 20 (II) of the Rules, the evidence of ownership of goods, The invoices submitted to the seller to the buyer is the master of the moment. Article 7 of the responsibility of the seller to the bill of lading (i) the seller has the responsibility to pay for their fees properly contract. The contract from the nature of the cargo industry are using scheduled flights or specific terms, it should be reasonable. Subject to the usual exceptions contained therein, the contract stipulated in the sales contract must specify the destination of delivery. In addition to the following otherwise provided herein, the contract must be "shipped" bill of lading as evidence. This bill of lading should be consistent with good business, the shipping company or its official agent issued In accordance with the provisions of the contract or the issuance of a charter, giving the date and specifying its name. (II) If the sale of specific industries or practice permit, in accordance with the following provisions and restrictions, contract can be "shipment" bill of lading or similar documents (as the case may be) as proof. This document should be consistent with good business or a bill of lading, shipping companies or agents to issue its formal, In accordance with the provisions of the contract, or charter issue. Under such circumstances, the "shipment" bill of lading or similar documents. on various aspects, the bill of lading should be considered valid, the seller can provide each other. Moreover, if such a document has been properly annotated Ship and the date of shipment. it should be considered in all its aspects amount to a "shipped" bill of lading. (Iii) if the seller to provide a "shipment" bill of lading, in accordance with Article 2, paragraph (iii) of the Rules, The seller must contract to the goods available, and effectively handed over to the port where the carrier's custody. so as soon as possible shipped to the buyer. (Iv) if the seller or specific trade practices in accordance with the terms of sale of the right to provide "intermodal" bill of lading. This involves part of the bill of lading and land and sea, the issue of "transportation" bill of lading for the land transport sector is shipped. In addition to the seller in accordance with section 2 (II) of the Rules, the goods must be available in the contract. and effectively to the carrier's custody order as soon as possible shipped to the buyer. Unless the seller or specific trade practices in accordance with the terms of sale of the right to the use of river transport. Otherwise, not by river transport of goods. If only contract for the sale of sea, the seller has no right to provide some land and the sea "intermodal" bill of lading. (V) if the goods "intermodal" transport bill of lading. Since the provisions of this document must be transferred to the buyer at risk (of the fifth) all leg. The complete and continuous protection to the buyer. Transport of goods to the buyer the right to participate in the requirements of each carrier or any legal remedy. (Vi) If the provisions of a contract for the sale of specific routes were submitted to the contract as a bill of lading or other documents to prove that It must provide for the transport of goods by road transport, if no contract for the sale of line is the route taken by the transport sector-specific practices. (Vii) as proof of the contract, effective delivery of the bill of lading or other documents should also address the contract, which provides for limited sales of goods. (Viii) the seller the right to use a bill of lading or cargo clearance to replace the single bill of lading, unless such a provision in a contract for the sale. Article 8 of the specific vessel-type vessels (i) sale of vessels required by the particular shipment. The seller should be general or lease all or part of the vessel, and assume the shipment of goods, unless the buyer agrees, Sellers are not allowed to randomly switch to other vessels replaced. The buyer should not unreasonably refuse to give consent. (II) If the sale of rule by armed steamship shipment (unspecified Ship), the seller under the same conditions in the other. Engine armed steamship available or shipping to the buyer. (Iii) If the sale of vessels does not provide the type of shipment, or the use of contract "vessels" such general terms, Subject to specific industry practices, usually in the seller the right to use this route similar shipment to shipment cargo vessels. 9 freight arrive at the final destination of the goods to pay the buyer's place of discharge, The buyer may be liable to pay any unpaid freight carrier. If the seller will not provide invoices for the corresponding effect of this unpaid freight charges, the buyer has the right to deduct from the inside, with the purchase price. If documentation is inevitable after the arrival of the goods which the seller must pay for the freight carrier might unpaid. then, the seller to the buyer can recover the money. Subject to the provisions of Article 10 of the unpaid freight charges, irrespective of the circumstances, not require the buyer to pay more than the amount of money in the contract. 10 of the import tariffs and taxes on goods spending. or goods in transit or after arrival at the port of the costs, In addition to such expenditure should be included in the freight, the seller to reject responsibility. If the document is inevitable due to the arrival of the goods can be provided that the seller must pay such tariffs expenses and / or any other expenses not included in the freight, then, the seller to the buyer can recover the money.