Variations of conventional and combined transport bills of lading

Abstract

This is a bill of lading which is different from those mentioned previously; it is basically a receipt for cargo loaded on board the vessel and is still frequently signed by the Master or by the specific agreement of the Master or owners. The terms and conditions are in accordance with those incorporated in the charter-party (normally governed by the rules of Common Law) and only a few clauses are enumerated on the document which include the Both-to-blame Collision clause, the General Average and the New Jason clause, a War Risk clause, Demise clause and in the case of voyage charters, probably the Chamber of Shipping Voyage Charter Clause Paramount 1958 in respect of the Hague Rules. Whereas the Rules scheduled to the Carriage of Goods by Sea Act 1924 or 1971 do not apply to charter-parties, its provisions may be incorporated by a clause known as a Clause Paramount. This may give rise to difficulties where the charterer is also the shipper of his own goods and issues himself with a bill of lading. In such instances the Hague Rules would apply as a matter of contract under the charter-party but not under the bill of lading, unless and until the bill of lading was negotiated to a third party. However where a shipowner ‘charters-in’ tonnage to supplement his fleet, then he would issue his normal bills of lading for any cargo loaded without reference to the charter-party and a contract of carriage would then exist between the shipper and the charterer.