基础法律英语辅导热招
您的位置:外语教育网 > 法律英语 > 英文法规 > 正文

1990年国际海事委员会电子提单规则 CMI RULES FOR ELECTRONIC BILLS OF LADING, 1990

2006-05-17 22:54   我要纠错 | 打印 | 收藏 | | |

颁布日期:19900629  实施日期:19900629  颁布单位:巴黎

  1. Scope of Application

  These rules shall apply whenever the parties so agree.

  2. Definitions

  a. “Contract of Carriage” means any agreement to carry goods wholly orpartly by sea.

  b. “EDI” means Electronic Data Interchange, i. e. the interchange oftrade date effected by teletransmission.

  c. “UN/EDIFACT” means the United Nations Rules for Electronic DataInterchange for Administration, Commerce and Transport.

  d. “Transmission” means one or more messages electronically senttogether as one unit of dispatch which includes heading and terminatingdata.

  e. “Confirmation” means a Transmission which advises that the contentof a Transmission appears to be complete and correct, without prejudice toany subsequent consideration or action that the content may warrant.

  f. “Private Key” means any technically appropriate form, such as acombination of numbers and/or letters, which the parties may agree forsecuring the authenticity and integrity of a Transmission.

  g. “Holder” means the party who is entitled to the rights described inArticle 7(a) by virtue of its possession of a valid Private Key.

  h. “Electronic Monitoring System” means the device by which a computersystem can be examined for the transactions that it recorded, such as aTrade Data Log or an Audit Trail.

  i. “Electronic Storage” means any temporary, intermediate or permanentstorage of electronic data including the primary and the back-up storageof such data.

  3. Rules of Procedure

  a. When not in conflict with these Rules, the Uniform Rules of Conductfor Interchange of Trade Data by Teletransmission, 1987 (UNCID) shallgovern the conduct between the parties.

  b. The EDI under these Rules should conform with the relevantUN/EDIFACT standards. However, the parties may use any other method oftrade data interchange acceptable to all of the users.

  c. Unless otherwise agreed, the document format for the Contract ofCarriage shall conform to the UN Layout Key or compatible nationalstandard for Bills of Lading.

  d. Unless otherwise agreed, a recipient of a Transmission is notauthorised to act on a Transmission unless he has sent a Confirmation.

  e. In the event of a dispute arising between the parties as to thedata actually transmitted, an Electronic Monitoring System may be used toverify the data received. Data concerning other transactions not relatedto the data in dispute are to be considered as trade secrets and thus notavailable for examination. If such data are unavoidably revealed as partof the examination of the Electronic Monitoring System, they must betreated as confidential and not released to any outside party or used forany other purpose.

  f. Any transfer of rights to the goods shall be considered to beprivate information, and shall not be released to any outside party notconnected to the transport or clearance of the goods.

  4. Form and Content of the Receipt Message

  a. The carrier, upon receiving the goods from the shipper, shall givenotice of the receipt of the goods to the shipper by a message at theelectronic address specified by the shipper.

  b. This receipt message shall include:

  i. the name of the shipper;

  ii. the description of the goods, with any representations andreservations, in the same tenor as would be required if a paper Bill ofLading were issued;

  iii. the date and place of the receipt of the goods;

  iv. a reference to the carrier's terms and conditions of carriage;and

  v. the Private Key to be used in subsequent Transmissions.

  The shipper must confirm this receipt message to the carrier, uponwhich Confirmation the shipper shall be the Holder.

  c. Upon demand of the Holder, the receipt message shall be updatedwith the date and place of shipment as soon as the goods have been loadedon board.

  d. The information contained in (ii), (iii) and (iv) of paragraph (b)above, including the date and place of shipment if updated in accordancewith paragraph (c) of this Rule, shall have the same force and effect asif the receipt message were contained in a paper Bill of Lading.

  5. Terms and Conditions of the Contract of Carriage

  a. It is agreed and understood that whenever the carrier makes areference to its terms and conditions of carriage, these terms andconditions shall form part of the Contract of Carriage.

  b. Such terms and conditions must be readily available to the partiesto the Contract of Carriage.

  c. In the event of any conflict or inconsistency between such termsand conditions and these Rules, these Rules shall prevail.

  6. Applicable Law

  The Contract of Carriage shall be subject to any internationalconvention or national law which would have been compulsorily applicableif a paper Bill of Lading had been issued.

  7. Right of Control and Transfer

  a. The Holder is the only party who may, as against the carrier:

  (1) claim delivery of the goods;

  (2) nominate the consignee or substitute a nominated consignee forany other party, including itself;

  (3) transfer the Right of Control and Transfer to another party;

  (4) instruct the carrier on any other subject concerning thegoods, in accordance with the terms and conditions of the Contract ofCarriage, as if he were the holder of a paper Bill of Lading.

  b. A transfer of the Right of Control and Transfer shall be effected:(i) by notification of the current Holder to the carrier of its intentionto transfer its Right of Control and Transfer to a proposed new Holder,and (ii) Confirmation by the carrier of such notification message,whereupon (iii) the carrier shall transmit the information as referred toin Article 4 (except for the Private Key) to the proposed new Holder,whereafter (iv) the proposed new Holder shall advise the carrier of itsacceptance of the Right of Control and Transfer, whereupon (v) the carriershall cancel the current Private Key and issue a new Private Key to thenew Holder.

  c. If the proposed new Holder advises the carrier that it does notaccept the Right of Control and Transfer or fails to advise the carrier ofsuch acceptance within a reasonable time, the proposed transfer of theRight of Control and Transfer shall not take place. The carrier shallnotify the current Holder accordingly and the current Private Key shallretain its validity.

  d. The transfer of the Right of Control and Transfer in the mannerdescribed above shall have the same effect as the transfer of such rightsunder a paper Bill of Lading.

  8. The Private Key

  a. The Private Key is unique to each successive Holder. It is nottransferable by the Holder. The carrier and the Holder shall each maintainthe security of the Private Key.

  b. The carrier shall only be obliged to send a Confirmation of anelectronic message to the last Holder to whom it issued a Private Key,when such Holder secures the Transmission containing such electronicmessage by the use of the Private Key.

  c. The Private Key must be separate and distinct from any means usedto identify the Contract of Carriage, and any security password oridentification used to access the computer network.

  9. Delivery

  a. The carrier shall notify the Holder of the place and date ofintended delivery of the goods. Upon such notification the Holder has aduty to nominate a consignee and to give adequate delivery instructions tothe carrier with verification by the Private Key. In the absence of suchnomination, the Holder will be deemed to be the consignee.

  b. The carrier shall deliver the goods to the consignee uponproduction of proper identification in accordance with the deliveryinstructions specified in paragraph (a) above; such delivery shallautomatically cancel the Private Key.

  c. The carrier shall be under no liability for misdelivery if it canprove that it exercised reasonable care to ascertain that the party whoclaimed to be the consignee was in fact that party.

  10. Option to Receive a paper Document

  a. The Holder has the option at any time prior to delivery of thegoods to demand from the carrier a paper Bill of Lading. Such documentshall be made available at a location to be determined by the Holder,provided that no carrier shall be obliged to make such document availableat a place where it has no facilities and in such instance the carriershall only be obliged to make the document available at the facilitynearest to the location determined by the Holder. The carrier shall not beresponsible for delays in delivering the goods resulting from the Holderexercising the above option.

  b. The carrier has the option at any time prior to delivery of thegoods to issue to the Holder a paper Bill of Lading unless the exercise ofsuch option could result in undue delay or disrupts the delivery of thegoods.

  c. A Bill of Lading issued under Rules 10(a) or (b) shall include: (i)the information set out in the receipt message referred to in Rule 4(except for the Private Key); and (ii) a statement to the effect that theBill of Lading has been issued upon termination of the procedures for EDIunder the CMI Rules for Electronic Bills of Lading. The aforementionedBill of Lading shall be issued at the option of the Holder either to theorder of the Holder whose name for this purpose shall then be inserted inthe Bill of Lading or to bearer.

  d. The issuance of a paper Bill of Lading under Rule 10 (a) or (b)shall cancel the Private Key and terminate the procedures for EDI underthese Rules. Termination of these procedures by the Holder or the carrierwill not relieve any of the parties to the Contract of Carriage of theirrights, obligations or liabilities while performing under the presentRules nor of their rights, obligations or liabilities under the Contractof Carriage.

  e. The Holder may demand at any time the issuance of a print-out ofthe receipt message referred to in Rule 4 (except for the Private Key)marked as “non-negotiable copy”。 The issuance of such a print-out shallnot cancel the Private Key nor terminate the procedures for EDI.

  11. Electronic Data is Equivalent to Writing

  The carrier and the shipper and all subsequent parties utilizing theseprocedures agree that any national or local law, custom or practicerequiring the Contract of Carriage to be evidenced in writing and signed,is satisfied by the transmitted and confirmed electronic data residing oncomputer data storage media displayable in human language on a videoscreen or as printed out by a computer. In agreeing to adopt these Rules,the parties shall be taken to have agreed not to raise the defence thatthis contract is not in writing.

相关资讯:
网站导航:
 四六级 指南 动态 经验 试题 资料  托福 指南 动态 经验 留学 备考
 雅思 指南 动态 机经 经验 辅导  公共英语 指南 动态 备考 试题 辅导
 日语 就业 辅导 留学 考试 报考  法语 资料 文化 考试 留学 辅导
 韩语 入门 口语 阅读 留学 文化  西语 辅导 资料 考试 留学 风采
基础法律英语
350元/门
系统讲解知识,全面提升水平
课时数:18课时左右
学员 tueiwi:
自我感觉LEC考得不错,感谢外语教育网的法律英语课程老师。
学员 tyjf:
外语教育网的法律英语信息不错,希望有朝一日可以成为法律达人,顶起!
学员 Alice12345:
我报的是法律英语的辅导班。因为英语底子不太好,一直没有太大的进步。后来,我在外语教育网报名参加了网上培训。感觉老师很负责。课程内容也详细。在老师的帮助下,感觉我的法律英语的水平得到了长足的提高。很感谢法律英语的老师的教导。谢谢老师!
学员 lionm:
一直在学法律英语,但总是找不到门路。不但单词多,而且本来认识的单词意思又变了,头痛死了。听了李文沛老师的法律英语课程后,我觉得好多了。希望能网校的法律英语课程能继续开个中级班。
学员 xyz521:
我一直在找法律英语的课程都没找到,偶然的机会来到外语教育网,发现这里的法律英语的课程真的很不错、信息也很齐全,绝对支持哦!
学员 futami:
以前自己看书,感觉非常吃力,很多地方看不懂。抱着试试看的心理,我报名参加了外语教育网的基础法律英语辅导。沙老师和李老师讲得非常好,重点、难点,经过老师的系统讲解,我都基本掌握了。就连冥思苦想都不能解决的难题,也通过答疑板请教老师而得到了满意的答复。在此衷心感谢网校的老师。
学员 hnigni:
我是法律专业的本科生,因为工作的需要,必须得会法律英语,可之前在学校的时候没好好学过啊。正头疼,同事推荐了外语教育网,于是我就报了名,开始学习。在学习过程中,发现沙老师的课真的很不错,她不但英语口语发音标准,而且她授课的内容通俗易懂,很方便我们接受和学习。另外,外语教育网的教学模式很适合我这种已经参加了工作的人,可以让我兼顾工作和学习,也很不错。特此,到网上来赞一下沙老师!沙老师,谢谢您!也谢谢网校的良好服务!在外语教育网学习,真值!
版权声明
   1、凡本网注明 “来源:外语教育网”的所有作品,版权均属外语教育网所有,未经本网授权不得转载、链接、转贴或以其他方式使用;已经本网授权的,应在授权范围内使用,且必须注明“来源:外语教育网”。违反上述声明者,本网将追究其法律责任。
  2、本网部分资料为网上搜集转载,均尽力标明作者和出处。对于本网刊载作品涉及版权等问题的,请作者与本网站联系,本网站核实确认后会尽快予以处理。
  本网转载之作品,并不意味着认同该作品的观点或真实性。如其他媒体、网站或个人转载使用,请与著作权人联系,并自负法律责任。
  3、本网站欢迎积极投稿
  4、联系方式:
编辑信箱:for68@chinaacc.com
电话:010-82319999-2371