Carrier

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📖 Detailed Explanation

Carrier refers to the party that enters into a contract of carriage with the shipper, responsible for transporting the goods from the place of departure to the destination and delivering them to the consignee. This includes shipping companies, airlines, railway companies, road transport companies, and non-vessel operating common carriers (NVOCCs). In practice, the carrier appears in bills of lading, waybills, transport contracts, letters of credit, and insurance documents, and is the key entity for determining transport liability, cargo damage claims, and insurance subrogation. Points to note: First, the identity of the carrier must be determined based on the issuer of the bill of lading, the transport contract, and actual control, to avoid confusion with a freight forwarder—a forwarder usually acts only as an agent arranging transport, while the carrier bears transport liability. Second, the carrier's period of responsibility and liability limits differ under different modes of transport; for example, sea transport is governed by the Hague Rules or Hamburg Rules, and air transport by the Montreal Convention. Third, in letter of credit transactions, banks usually require transport documents issued by the carrier or its agent, and these must indicate that the goods have been shipped on board or dispatched. Compared with the shipper and consignee, the carrier occupies the intermediate transport link, and its scope of responsibility, exclusions, and compensation standards directly affect the allocation of trade risks. Therefore, foreign trade practitioners should clearly specify the carrier's identity and applicable rules in the contract.

📝 Examples

1. According to the bill of lading, the carrier is a certain ocean shipping company, and the shipper should exchange the original bill of lading with the carrier to take delivery of the goods. (Note: In bill of lading operations, clarifying the carrier's identity facilitates the consignee's delivery procedures.) 2. The letter of credit requires submission of a clean on-board bill of lading issued by the carrier, and the consignee must be designated by the issuing bank. (Note: In letter of credit settlement, banks have strict requirements on the issuer and content of transport documents, and the carrier's issuance of the bill of lading is key.)

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