海运提单的正确填写方法

托运人收到收货单后，凭该单据向轮船公司或其代理交付运费并换取正式提单。按照我国目前的习惯做法，提单通常由外贸企业自己或委托外运公司代为缮制，然后在货物装船后，送交船公司或其代理。船公司或其代理在审核提单所载内容与大副收据内容一致后，正式签发提单，并加注“已装船”字样和加盖装船日期印章。

各船公司一般都使用自己签发的提单，各公司提单的内容、格式虽稍有差异，但基本一致。读者可参考本书式样7-6：海运提单。海运提单正面内容的填写要确保正确无误，不能随便涂改，有些国家的海关甚至明文规定提单不得修改。

提单的格式与内容与托运单相似，很多内容的填写可以参考托运单。本节简单介绍提单的内容与填写。

提单的内容包括正文及背面条款两部分。

1．提单正面内容及填写

提单正面内容一般包括：

（1）托运人（SHIPPER）。一般为信用证中的受益人。如果开证人为了贸易上的需要，要求做第三者提单（THIRD PARTY B/L），也可照办。

（2）收货人（CONSIGNEE）。如要求记名提单，则可填上具体的收货公司或收货人名称；如属指示提单，则填为“指示”（ORDER）或“凭指示”（TO ORDER）；如需在提单上列明指示人，则可根据不同要求，做成“凭托运人指示”（TO ORDER OF SHIPPER），“凭收货人指示”（TO ORDER OF CONSIGNEE）或“凭银行指示”（TO ORDER OF XX BANK）。

（3）被通知人（NOTIFY PARTY）。这是船公司在货物到达目的港时发送到货通知的收件人，有时即为进口人。在信用证项下的提单，如信用证上对提单被通知人有具体规定时，则必须严格按信用证要求填写。如果是记名提单或收货人指示提单，且收货人又有详细地址的，则此栏可以不填。如果是空白指示提单或托运人指示提单则此栏必须填列被通知人名称及详细地址，否则船方就无法与收货人联系，收货人也不能及时报关提货，甚至会因超过海关规定申报时间被没收。

（4）提单号码（B/L NO.）。一般列在提单右上角，以便于工作联系和查核。发货人向收货人发送装船通知（SHIPMENT ADVICE）时，也要列明船名和提单号码。

（5）船名（NAME OF VESSEL）。应填列货物所装的船名及航次。

（6）装货港（PORT OF LOADING）。应填列实际装船港口的具体名称。

（7）卸货港（PORT OF DISCHARGE）。填列货物实际卸下的港口名称。如属转船，第一程提单上的卸货港填转船港，收货人填二程船公司；第二程提单装货港填上述转船港，卸货港填最后目的港。如由第一程船公司出联运提单（THROUGH B/L），则卸货港即可填最后目的港，提单上列明第一和第二程船名。如经某港转运，则要显示“VIA X X”字样。在运用集装箱运输方式时，目前使用“联合运输提单”（COMBINED TRANSPORT B/L），提单上除列明装货港、卸货港外，还要列明“收货地”（PLACE OF RECEIPT），“交货地”（PLACE OF DELIVERY）以及“第一程运输工具”（PRECARRIAGE BY），“海运船名和航次”（OCEAN VESSEL，VOY NO）。填写卸货港，还要注意同名港口问题，如属选择港提单，就要在这栏中注明。

（8）货名（DISCRIPTION OF GOODS）。在信用证项下货名必须与信用证上规定的一致。

（9）件数和包装种类（NUMBER AND KIND OF PACKAGES）。要按箱子实际包装情况填列。

（10）唛头（SHIPPING MARKS）。信用证有规定的，必须按规定填列，否则可按发票上的唛头填列。

（11）毛重，尺码（GROSS WEIGHT，MEASUREMENT）。除信用证另有规定者外，一般以公斤为单位列出货物的毛重，以立方米列出货物体积。

（12）运费和费用（FREIGHT AND CHARGES）。一般为预付（FREIGHT PREPAID）或到付（FREIGHT COLLECT）。如CIF或CFR出口，一般均应填上运费预付字样。如系FOB出口，则运费可制作“运费到付”字样，除非收货人委托发货人垫付运费。

（13）提单的签发、日期和份数。提单必须由承运人或船长或他们的代理签发，并应明确表明签发人身份。一般表示方法有：“CARRIER”，“CAPTAIN”，或“AS AGENT FOR THE CARRIER：XXX”等。提单份数一般按信用证要求出具，如“FULL SET OF”一般理解成三份正本若干份副本。由于提单是结汇的必需单据，特别是在跟单信用证结汇时，银行要求所提供的单证必须一致，因此提单上所签的日期必须与信用证或合同上所要求的最后装船期一致或先于装船期。如果卖方估计货物无法在信用证装期前装上船，应尽早通知买方，要求修改信用证，而不应利用“倒签提单”，“预借提单”等欺诈行为取得货款。

2．提单背面条款

在全式（LONG TERM）正本提单的背面，列有许多条款，其中主要有：

（1）定义条款（DEFINITION CLAUSE）：主要对“承运人”，“托运人”等关系人加以限定。

（2）管辖权条款（JURISDICTION CLAUSE）指出当提单发生争执时，按照法律，某法院有审理和解决案件的权利。

（3）责任期限条款（DURATION OF LIABILLITY）：一般海运提单规定承运人的责任期限从货物装上船舶起至卸离船舶为止。集装箱提单则从承运人接受货物至交付指定收货人为止。

（4）包装和标志（PACKAGES AND MARKS）：要求托运人对货物提供妥善包装和正确清晰的标志。如因标志不清或包装不良所产生的一切费用由货方负责。

（5）运费和其他费用（FREIGHT AND OTHER CHARGES）：运费规定为预付的，应在装船时一并支付，到付的应在交货时一并支付。当船舶和货物遭受任何灭失或损失时，运费仍应照付，否则，承运人可对货物及单证行使留置权。

（6）自由转船条款（TRANSHIPMENT CLAUSE）：这是指承运人虽签发了直达提单，但由于客观需要仍可自由转船，并不须经托运人的同意。转船费由承运人负担，但风险由托运人承担，而承运人的责任也仅限于其本身经营的船舶所完成的那段运输。

（7）错误申报（INACCURACY IN PARTICULARS FURNISHED BY SHIPPER）：承运人有权在装运港和目的港查核托运人申报的货物数量、重量、尺码与内容，如发现与实际不符，承运人可收取运费罚款。

（8）承运人责任限额（LIMIT OF LIABILITY）：规定承运人对货物灭失或损坏所造成的损失所负的赔偿限额，即每一件或每计算单位货物赔偿金额最多不超过若干金额。

（9）共同海损（GENERAL AVERAGE-G.A.）：规定若发生共同海损，按照什么规则理算。国际上一般采用1974年越克-安特卫普规则理算。在我国，一些提单常规定按照1975年北京理算规则理算。

（10）美国条款（AMERICAN CLAUSE）：规定来往美国港口的货物运输只能适用美国1936年海上货运法（CARRIAGE OF GOOD BY SEA ACT 1936），运费按联邦海事委员会（FMC）登记的费率本执行，如提单条款与上述法则有抵触时，则以美国法为准。此条款也称“地区条款”（LOCAL CLAUSE）。

（11）舱面货，活动物和植物（ON DECK CARGO，LIVE ANIMALS AND PLANTS）：是对舱面货，活动物和植物这三种货物的接受，搬运，运输，保管和卸货的规定。

式样7-1　海运出口托运单

NAME OF BENEFICIARY AND SIGNATURE

式样7-2　装货单

目的港

For__________________________

兹将下列完好状况之货物装船后希签署收货单

Receive on board the undermentioned goods apparent in good order and condition and sign the accompanying receipt for the same

共 计 件 数（大 写）

Total Number of Package in Writing

___________________________________________________________________

日期　　　　　　　　　　时间(www.xing528.com)

Date________________________________Time__________________________

装入何舱

Stowed____________________________________________________________________

实收

Received___________________________________________________________________

理货员签名 经 办 员

Tallied by____________________________________________Approved by__________________________________

式样7-3　收货单

式样7-4-1　装船通知

式样7-4-2：装船通知

式样7-5：集装箱货物托运单

式样7-6 海运提单

续表

海运提单（背面）

1．DEFINIYION Wherever the term “Shipper” occurs hereinafter. It shall also be deemed to include Receiver, Consignee. Holder of this Bill of Lading and Owner of the goods.

2．JURISDICTION All disputes arising under and in connection with this Bill of Lading shall be determined by the court in the People’s Republic of China.

3．DEMISE CLAUSE If the ship is not owned by or chartered by demise to the corporation by whom this Bill of Lading is issued （as may be the case notwithstanding anything that appears to the contrary） this Bill of Lading shall take effect only as a contract with the Owner or demise charterer as the case may be as principal made through the agency of the said corporation who act as agents only and shall be under no personal liability whatsoever in respect thereof

4．HAGUE RULES This Bill of Lading shall have effect in respect of Carrier’s liabilitiities, responsibilities, rights and immunities subject to the Hague Rules contained in the International Convention for the Unification of Certain Rules Relating to Bills of Lading 1924.

5．PACKING AND MARKS The Shipper shall have the goods properly packed accurately and clearly marked before shipment. The port of destination of the goods should be marked in letters of 5 cm high, in such a way as will remain legible until their delivery.

6．OPTIONAL STOWAGE （1）The goods may be stowed by the Carrier in containers or similar articles of transport used to consolidate goods （2）Goods stowed in containers other than flats, pallets, trailers, transportable tanks or similar articles of transport whether by the Carrier or the Shipper, may be carried on or under deck without notice to the Shipper. Such goods whether carried on or under deck shall participate in general average.

7．DECK CARGO. PLANTS AND LIVE ANIMALS Cargo on deck, plants and live animal are received, handled, carried, kept and discharged at Shipper’s or Receiver’s risk and the Carrier shall not be liable for loss thereof or damage thereto.

8．FREIGHT （1）Freight and charges shall be deemed earned on receipt of the goods by the Carrier and shall be paid by the Shipper and non-returnable and non-deductible in any event. Freight payable at destination together with other charges is due on arrival of the goods at the place of destination and shall be paid before delivery of the goods. （2）For the purpose of verifying the freight basis, the Carrier reserves the right to have the goods and the contents of containers, trailers or similar articles of transport inspected in order to ascertain the weight,measurement, value or nature of the goods. In case the particulars of the goods furnished by the Shipper are incorrect, the Shipper shall be liable and bound to pay to the Carrier a sum either five times the difference between the correct freight and the freight charged or to double the correct less the freight charged, whichever sum is the smaller, as liquidated damages to the Carrier.

9．LIEN The Carrier shall have a lien on the goods and any documents relating thereto for all sums payable to the Carrier under this Bill of Lading and for general average contributions to whomsoever due and for the cost of recovering the same, and for that purpose shall have the right to sell the goods by public auction or private treaty without notice to the Shipper. If on sale of the goods, the proceeds fail to cover the amount due and the cost incurred, the Carrier shall be entitled to recover the deficit from the Shipper.

10．TIME BAR， NOTICE OF LOSS In any event the Carrier shall be discharged from all liabilities under this Bill of Lading unless suit is brought within one year after the delivery of the goods or the date when the goods should have been delivered. Unless notice of loss of or damage to the goods and the general nature of it be given in writing to the Carrier at the place of delivery before or at the time of the removal of the goods into the custody of the person entitled to delivery thereof under this Bill of Lading, or, if the loss or damage such removal shall be prima facie evidence of the delivery by the Carrier of the goods as described in this Bill of Lading. In the case of any actual or apprehended loss or damage the Carrier and the Shipper shall give all reasonable facilities to each other for inspecting and tallying the goods.

11．THE AMOUNT OF COMPENSATION （1）When the Carrier is liable for compensation in respect of loss of or damage to the goods,such compensation shall be calculated by reference to the invoice value of the goods plus freight and insurance premium of paid. （2）Notwithstanding clause 4 of this Bill of Lading the limitation of liability under the Hague Rules shall be deemed to be￥700 per package or unit. （3）Higher compensation may be claimed only when, with the consent of the Carrier, the value for the goods declared by the Shipper which exceeds the limits laid down in this clause has been stated in this Bill of Lading and extra freight has been paid as required. In that case the amount of the declared value shall be substituted for that limit. Any partial loss or damage shall be adjusted pro rata on the basis of such declared value.

12．LOADING， DISCHARGING AND DELIVERY The goods shall be supplied and taken delivery of by the owner of the goods as fast as the ship can take and discharge them,without interruption, by day and night. Sundays and Holidays included, notwithstanding any custom of the port to the contrary and the owner of the goods shall be liable for all losses or damages incurred in default thereof. Discharge may commence without previous notice. If the goods are not taken delivery of by the Receiver in due time from alongside the vessel, or if the Receiver refuses to take delivery of the goods, or in case there are unclaimed goods, the Carrier shall be at liberty to land such goods on shore or any other proper places at the sole risk and expense of the Shipper or Receiver, and the Carrier’s responsibility of delivery of goods shall be deemed to have been fulfilled. If the goods are unclaimed during a reasonable time, or wherever the goods will become deteriorated, decayed or worthless, the Carrier may, at his discretion and subject to his lien and without any responsibility attaching to him, sell, abandon or otherwise dispose of such goods solely at the risk and expense of the Shipper.

13．LIGHTERAGE Any lighterage in or off ports of loading or ports of discharge shall be for the account of the Shipper or Receiver.

14．FORWARDING，SUBSTITUTE OF VESSEL，THROUGH CARGO AND TRANSHIPMENT If necessary, the Carrier may carry the goods to their port of destination by other persons or by rail or other means of transport proceeding either directly or indirectly to such port, and to carry the goods or part of them beyond their port of destination, and to transship and forward same at Carrier’s expense but at Shipper’s or Receiver’s risk. The responsibility of the Carrier shall be limited to the part of the transport performed by him on the vessel under his management.

15．DANGEROUS GOODS， CONTRABAND （1）The Shipper undertakes not to tender for transportation any goods which are of a dangerous, inflammable, radio-active,and/or any harmful mature without previously giving written notice of their nature to the Carrier and marking the goods and the container or other covering on the outside as required by any laws or regulations which may be applicable during the carriage. （2）Whenever the goods are discovered to have been shipped without complying with the subclause（1）above or the goods are found to be contraband or prohibited by any laws or regulations of the port of loading,discharge or call or any place or waters during the carriage, the Carrier shall be entitled to have such goods rendered innocuous, thrown overboard or discharged or otherwise disposed of at the Carrier’s discretion without compensation and the Shipper shall be liable for and indemnify the Carrier against any kind of loss, damage or liability including loss of freight, and any expenses directly or indirectly arising out of or resulting from such shipment. （3）If any goods shipped complying with the subclause （1）above become a danger to the ship or cargo, they may in like manner be rendered innocuous,thrown overboard or discharged or otherwise disposed of at the Carrier’s discretion without compensation except to general average, of any.

16．REFRIGERATED CARGO （1）The Shipper undertakes not to tender for transportation any goods which require refrigeration without previously giving written notice of their nature and particular temperature range to be maintained. If the above requirements are not complied with, the Carrier shall not be liable for any loss of or damage to the goods howsoever arising （2）Before loading goods in any insulated space, the Carrier shall, in addition to the Class Certificate, obtain the certificate of the Classification Society’s Surveyor or other competent person, stating that such insulated space or other competent person fit and safe for the carriage and preservation of refrigerated goods. The aforesaid certificate shall be conclusive evidence against the Shipper, Receiver and/or any Holder of Bill of Lading. （3）Receivers have to take delivery of refrigerated goods as soon as the ship is ready to deliver, otherwise the Carrier shall land the goods at the wharf at Receiver’s or Shipper’s risk and expense.

17．TIMBER Any statement in this Bill of Lading to the effect that timber has been shipped “in apparent good order and condition” does not involve any admission by the Carrier as to the absence of stains, shakes, splits, holes or broken pieces, for which the Carrier accepts no responsibility.

18．BULK CARGO As the Carrier has no reasonable means of checking the weight of bulk cargo, any reference to such weight in this Bill of Lading shall be deemed to be for reference only, but shall constitute in no way evidence against the Carrier.

19．COTTON Description of the apparent condition of cotton or cotton products does not relate to the insufficiency of or torn condition of the covering, nor to any damage resulting therefrom, and Carrier shall not be responsible for damage of such nature.

20．OPTIONAL CARGE The port of discharge for optional cargo must be declared to the vessel’s agents at the first of the optional ports not late than 48 hours before the vessel’s arrival there. In the absence of such declaration the Carrier may elect to discharge at the contract of carriage shall then be considered as having been fulfilled, Any option must be for the total quantity of goods under this Bill of Lading.

21．GOODS TO MORE THAN ONE CONSIGNEE Where bulk goods or goods without marks or goods with the same marks are shipped to more than one Consignee, the Consignees or Owners of the goods shall jointly and severally bear any expense or loss in dividing the goods or parcels into pro rata quantities and any deficiency shall fall upon them in such proportion as the Carriers, his servants or agents shall decide.

22．HEAVY LIFTS AND OVER LENGTH CARGO Any one piece or package of cargo which exceeding 2000 kilos or 9 meters must be declared by the Shipper in writing before receipt by the Carrier and/or length Clearly and durably on the outside of the piece or package in letters and figures not less than 2 inches high by the Shipper. In case of the Shipper’s failure in his obligations aforesaid, the Shipper shall be liable for loss of or damage to any property or for personal injury arising as a result of the Shipper’s said failure and shall indemnify the Carrier against any kind of loss or liability suffered or incurred by the Carrier as a result of such failure.

23．SHIPPER-PACKED CONTAINERS.ETC. （1）If a container has not been filled,packed or stowed by the Carrier, the Carrier shall not be liable for any loss of or damage to its contents and the Shipper shall cover any loss or expense incurred by the Carrier, of such loss,damage or expense has been cause by negligent filling, packing or stowing of the container; or the contents being unsuitable for carriage in container; or the unsuitability or defective condition of the container unless the container has been supplied by the Carrier and the unsuitability or defective condition would not have been apparent upon reasonable inspection at or prior to the time when the container was filled, packed or stowed. （2）The provisions of the sub-clause （1）above also apply with respect to trailers, transportable tanks, flats and pallets which have not been filled, packed or stowed by the Carrier.

24．WAR， QUARANTINE， ICE， STRIKES， CONGESTION， ETC. Should it appear that war, blockade, pirate, epidemics, quarantine, ice, strikes, congestion and other causes beyond the Carrier’s control would prevent the vessel from safely reaching the port of destination and discharging the goods thereat, the Carrier is entitled to discharge the goods at the port and the contract of carriage shall be deemed to have been fulfilled. Any extra expenses incurred under the aforesaid circumstances shall be borne by the Shipper or Receiver.

25．GENERAL AVERAGE General average shall be adjusted in Beijing in accordance with the Beijing Adjustment Rules 1975.

26．BOTH TO BLAME COLLISION If the carrying ship comes into collision with another ship as a result of the negligence of the other ship and any act, neglect or default in the navigation or the management of the carrying ship, the Shipper undertakes to pay the Carrier, or, where the Carrier is not the Owner and in possession of the carrying ship, to pay to the Carrier as trustee for the Owner and/or demise charterer of the carrying ship, a sum sufficient to indemnify the Carrier and/or the Owner and/or demise charterer of the carrying ship against all loss or liability to the other or non-carrying ship or her Owners insofar as such loss or liability represents loss of or damage to his goods or any claim whatsoever of the Shipper, paid or payable by the other or non-carrying ship or her Owners to the Shipper and set-off, recouped or recovered by the other or non-carrying ship or her Owners as part of their claim against the carrying ship or her Owner or demise charterer or the Carrier. The foregoing provisions shall also apply where the Owners, operations, or those in charge of any ship or ships or objects, other than, or in addition to, the colliding ships or objects, are at fault in respect to a collision, contact, stranding or other accident.

27．U.S.A. CLAUSE Notwithstanding any other term hereof the Carriage of Goods by Sea Act 1936 of the United States of America shall have been affect subject to in respect to carriage of goods to and from the United States of America. If any provision of this Bill of Lading be invalid under the Carriage of Goods by Sea Act 1936, such provision shall, to the extent of such invalidity, but no further, be null and void.