Marks Clause

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📖 Detailed Explanation

The shipping marks clause is a specific provision in an international sales contract concerning shipping marks, usually appearing under the shipment or packing clause. Shipping marks consist of consignee code, reference number, destination, package number, etc., used to identify goods and prevent misdelivery. Usage scenarios include: L/C requirements on shipping marks, buyer-designated marks, different requirements for container and bulk cargo transportation, etc. Precautions: shipping marks must strictly conform to the L/C, bill of lading, packing list and other documents, otherwise it may constitute a discrepancy; if the buyer designates the marks, the seller should confirm within a reasonable time, and may decide on its own if instructions are not received in time; marks should be clear, durable and fade-resistant. Differences from other terms: the shipping marks clause focuses on cargo identification, while the packing clause focuses on packing materials and methods; unlike the transportation clause, shipping marks do not involve carrier liability, but only concern cargo identification and document consistency.

📝 Examples

1. The contract's shipping marks clause stipulates: 'Shipping marks shall be decided by the seller, but must indicate the contract number, port of destination and package number, and the contents of the marks must be consistent with the bill of lading and packing list.' (This indicates the seller has the right to decide the marks, but must ensure document consistency.) 2. The L/C requires: 'All outer packing must be marked: ABC/CHICAGO/C/NO.1-100. If the marks are not applied as required, the bank will refuse payment.' (This indicates the buyer designates the marks, and discrepancies may lead to refusal of payment.)

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