Group-V: Application of Carriage of Goods by Sea Act

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GROUP-V

Application
of
Carriage of Goods by Sea Act
GROUP-V
Supervise by
Dr. H. M. Mosarof Hossain
Group Member:
a) Nusrat Jabin Lopa 18035
b) Lameya Samin 18028
c) Miah Mohammed Fahad 18022
d) Md. Imran Kais 18056
e) S. M. Hasan Shahrier 18049
Intoduction
Objective
a) Understand the basic of carriage of goods by
sea act, 1925.
b) Comparison between the act and real life
analysis.
Act

The act consists of the following Articles. 


 Article-1: Definitions

 Article-2: Risks

 Article-3: Responsibilities and Liabilities

 Article-4: Rights and Immunities


 Article-5: Surrender of Rights and Immunities and
Increase of Responsibilities and Liabilities

 Article-6: Special Conditions

 Article-7: Limitations on the Application of the Rules

 Article-8: Limitation of Liability

 Article-9: Application
Application of Rules

 The rules must be followed for carriage of


goods from any port in Bangladesh to any
other port whether in or outside Bangladesh.
 Absolute warranty of seaworthiness not to be
implied in contracts to which Rules apply.
 Statement as to application of Rules to be
included in bills of lading.
Shipment Procedure
Owner of the goods

NAVANA CNG LIMITED

Shipping agent or charter party

PORTITAL SRL

Owner of the Ships

ORIENTAL SHIPPING LLC


Owner of the Goods
Who owns the Goods, and contact with the
charter party for shipment of goods.

Owner of the Ships


Who owns the ships and charter party
cantact with Ship owners to hire a principal
part or the whole ship.
Clauses of a charter party

 Names of the parties of the ship, nationality


and originator of the ship.
 The class of charter party.

 Details of loading and unloading.

 Lawful merchandise.

 Departure and destination.


 Detail of the goods.

 Liabilities of the regarding payment of the freight.

 Duties of the Master or the Captain.

 The ‘expected perils’.

 Cancellation and penalty to the parties.


Documents Required for
Shipping of Goods
 Bill of Lading.
 Detailed packing list.
 Commercial Invoice.
 Certification of the origin of ship.
 Certification of the origin of goods.
 Shipment Advice.
 Pre-shipment Inspection.
Bill of Lading

 It is a document issued by the ship owner or


by the master or captain of the ship.
 It is used when the goods shipped form only
a part of the cargo of a ‘general ship’.
 A Bill of lading must be stamped and signed
by the ship owner or his agent.
 Types of Bill of Lading:
Clean Bill of Lading, Qualified Bill of Lading,
Through Bill of Lading.
Characteristics of a B/L

 prima facie evidence of the receipt.

 evidence of the contract of affreightment.

 Document of title.

 Semi-negotiable instrument.
Contents of a Bill of Lading

1. Notify party.
2. Consignee.
3. F/Agent name and
reference.
4. Shipper’s reference.
5. Place of receipt.
6. Port of loading.
7. Vessel name.

Ref: ORIENTAL SHIPPING LLC


8. Port of discharge.
9. No. of bills of lading.
10.Marks & numbers.
11.No. of packages or
shipping units.
12.Description of goods
& packages.
13.Gross weight.
Detailed Packing List

The packing list contains


details of all items to be
Shipped including the
specifications, number
of parts, etc.

Ref: SAFE srl


Commercial Invoice

 Notify party, Here,


Navana CNG Ltd.
 Description of goods.
 Costs, i.e., Total value
of the goods shipped in
USD.
 Invoice number.
 Client code.

Ref: SAFE srl


 Payment terms.
 Prohibition to use
vessel/liner of a certain
country, for example,
for Bangladesh and
some other Muslim
countries, shipment/
transshipment by
Israeli flag vessel/liner
is prohibited.
 Shipping mark.
Certification of the Origin of Ship

 This is a certification of the country of origin


of the ship.

Certification of the Origin of Goods

 This is a certification of the country of origin


of the goods
Shipment Advice

 Name of the insurance  Total value.


company.  Dispatch from.
 Details of insurance  Delivery ports.
covered by opener.  Terms of dispatch.
 Date of dispatch.
 Ship name.
 Quantity of goods.
 B/L number

Ref: SAFE srl


Right of Stoppage in Transit

 The Indian Bills of Lading Act, 1856 does not


affect the provisions given by the ‘Sale of Goods
Act’.
Duties of a Carrier by Sea

 Preparing the ship for  Substitution of Vessel,


carriage. Transshipment and
 Loading and handling. Forwarding.

 Issuing Bill of Lading.  Loading, Discharging

 The Scope of Voyage. and Delivery.


 Options.
Ref: ORIENTAL SHIPPING LLC
Liabilities of a Carrier by Sea

 A ship owner is liable  No liability in case of


only for his own misstatement by the
negligence . shipper .
 A ship owner cannot  In case of inflammable,
limit or lessen his explosive or dangerous
liability . goods.
 Compensation should  Reasonable time
be stated clearly. period for sue.

Ref: ORIENTAL SHIPPING LLC


Ship owner’s Lien
 A possessory lien for ship owner to retain
possession of the cargo until payment.

Maritime Lien

• A claim on a ship by Sea men, The holder of


a ‘bottomry bond’, Salvors, persons having
damages caused by collision due to
negligence.
Conclusion

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