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Showing posts with the label onlineclassroom ports .

Partial Shipments and Drawings

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  -----   Partial drawings and/o shipments are allowed , unless the credit stipulated otherwise . -----  Shipments by sea , or by more then one mode of transport but including carriage by sea , made on the same vessel and for the same voyage , will not be regarded as partial shipments , even if the transport documents indicating loading on board bear different dates of issuance and/or  indicate different ports of loading on board . -----   Shipment made by post will not be regarded as partial shipment if the post receipts or certificates of posting appear to have been stamped or otherwise authenticated in the place from which the credit stipulates the goods are to be dispatched , and on the same date . -----   Shipments made by modes of transport other than those referred to in the above paragraph of this article will not be regarded as partial shipments , provided the transport documents are issued by one and the same carrier or his agent and indicate the same date of issua

Contractual Stipulation

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  -----  Any stipulation in a contract of carriage by sea , in a bill or lading , or in any other document evidencing the contract of carriage by sea is null and void to the extent that it derogates , directly or indirectly , from the provisions of this convention . The nullity of such a stipulation does not affect the  validity of other provisions of the contract of document of which it forms a part . A clause assigning benefit of insurance of goods in favor of the carrier , or any similar clause , is null and void . -----  Notwithstanding the provisions of  this , a carrier may increase his responsibilities and obligations under this Law . -----  Where a bill of lading or any other documents evidencing the contract of carriage by sea is issued , it must contain a statement that the carriage is subject to the provisions of this .which nullify any stipulation derogating therefrom the detriment of the shipper of the consignee . -----  Where the claimant in respect of the go

FEDAI Rules and U. N. Convention

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  Limitation of Action:-    Under the CTD rules of India , the CTO shall be discharged of all liabilities unless claim is lodged within nine months after ; 1)  -----  The delivery of Goods . 2)  -----  The date when the goods should have been delivered  . 3)  -----  The date when in accordance with conditions of contract failure or deliver the goods would in the absence of evidence to the contrary give the party entitled to receive delivery , the right to treat the goods as lost . As against these provisions Article 25 of the U.N . Convention lays down the time limit of two years of institute the judicial or arbitral proceedings   against the MTO with a provision that a notice of claim is to be lodged in writing within six months of delivery of goods or stipulated period of such delivery . The limitation period commences on the date of delivery of goods or the expiry of the last day on which the goods should have been delivered . Thus in cases of delay as well as loss

Effect of Issuance of Multimodal Transport Document

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The Issuance of  the Multimodal Transport Document confers and imposes on all parties having or acquiring hereafter an interest in the right/obligations and defences set out in the conditions mentioned in the document . By the issuance of the Multimodal Transport Document the Multimodal Transport Operator ; a)    -----Undertakes to perform and/or his own name to procure performance of the Multimodal Transport including all services which are necessary to such transport from the time of taking goods in charge to the time of delivery . b)    -----Accept responsibility for the act of omission of his agents or servants , when such agents or servants are acting within their scope of their employment , as if such act and omission were own . c)   -----Accept responsibility for the act and omission of any other person whose service he uses for the performance of contract evidenced by the Multimodal Transport Document . d)   -----Undertakes to perform or to procure performance

Problems in Developing Countries

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  There are however several problems which developing countries may face in promoting indigenous multimodal transport organizations . 1)   Multimodal transport operations are linked , in the majority of cases with the use of modern transport technologies like containerization ,These technologies are on the whole capital intensive and would require large investment in ship , vehicles , transport equipments , container depots , ports and other inland  transport infrastructure like roads and railways . 2)   At the same time these technologies are labour saving and would give rise to undesirable redundancy of port labour in developing countries where the cargo handling operations are labour intensive . 3)   Indigenous MTOs may face competition from foreign and develop MTOs already operating inb the same routes . 4)   Apart from large investment , international multimodal transport operations will call  for organizing ability as well as marketing and planning expertise of a hig