Details ConlineBill 2000

8/10/2019 Details ConlineBill 2000

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Explanatory Notes CONLINEBILL 2000

CONLINEBILL Liner Bill of Lading revised

BIMCO has recently completed the revision of one of its most widely used forms, the

CONLINEBILL Liner Bill of Lading, which was last amended in 1!"# CONLINEBILL is

e$tensively used throughout the maritime industry either as a %port&to&port' (ill of lading or as a

through transport document#

)he primary aim of the revision has (een to (ring the provisions of CONLINEBILL up to date to

reflect modern commercial practice# *owever, the introduction of revised terms and conditions

has (een carefully (alanced against the need to maintain the appeal of CONLINEBILL to users

in many diverse sectors of the industry#

+lthough it is over two decades since CONLINEBILL was last revised, it is ust three years since

BIMCO completed wor- on a non&negotia(le version of CONLINEBILL & the Liner .eaway Bill

LINE/+0BILL#

In many respects, LINE/+0BILL served as a model on which the revised CONLINEBILL was

formed# Much of the structure and layout of the terms and conditions is (orrowed from

LINE/+0BILL and the two forms now share a num(er of common clauses# )he revised Liner

Bill of Lading has (een code named CONLINEBILL 222#

CONLINEBILL 222 was approved (y BIMCO3s 4ocumentary Committee at its meeting in

Copenhagen on 1! Novem(er 222#

The face of the document

+t first glance, the face of the revised Liner Bill of Lading is stri-ingly different in appearance to

its predecessor# + modern, easy to read (o$&layout format has (een introduced, consistent with

the overall document design used (y BIMCO for the maority of its other standard forms# )he

%.hipped on (oard' (o$ and the signature (o$ now lie on the left&hand side of the form#

+n important amendment to the form is that a new (o$ has (een incorporated where the carrier

ac-nowledges receipt of the total num(er of containers, pac-ages or units received# )his should

ma-e it clear that in the event of containerised cargo (eing shipped, the carrier onlyac-nowledges receipt of the actual num(er of containers received and not the actual contents#

On the right&hand side of the form a (o$ stating the date the goods are shipped on (oard

appears ne$t to the %5lace and date of issue' (o$# )he purpose of the %4ate shipped on (oard'

(o$ is to accommodate situations where the issuing of the (ill of lading ta-es place at a date

later than the date of completion of loading the cargo# 5reviously, the date of shipment on (oard

had to (e inserted manually when different from the date of issuing the (ill of lading#


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+dditionally, in order to avoid compromising the pac-age limitation provisions of the 6. CO7.+

when trading to the 6nited .tates, a (o$ named %.hipper3s declared value' has (een

incorporated# 8see also %+dditional Clause' (elow9#

)he signature (o$ has undergone a significant amendment to ensure that the re:uirements of

+rticle ; of the ICC 6niform Customs and 5ractice for 4ocumentary Credits 86C5


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New su(&clause ;8(9 deals with the carrier3s lia(ility for delay situations and conse:uential loss

or damage other than loss of or damage to the cargo#

@inally, in order to consolidate all provisions concerning the carrier3s lia(ility, an %aggregate

lia(ility' provision has (een added as a new su(&clause ;8c9 to avoid that the accumulated

damages for which the carrier can (e held lia(le under Clause ;, or the +dditional Clause, if

applica(le, and any other clauses, could eventually e$ceed the limit of lia(ility envisaged under

either Clause ; or the +dditional Clause, if applica(le#

Clause ( " La& and )urisdiction

)he wording has (een amended slightly for the sa-e of clarity#

Clause * " The cope of Carriage

)he words %voyage' and %service' in the old clause have (een replaced (y %carriage' for

simplicity and consistency with other clauses# .imilarly, it should (e noted that all references to

%goods' previously found in CONLINEBILL have (een changed to %cargo', for the sa-e of

consistency throughout the Contract#

Clause + " u%stitution of ,essel

)he old su(stitution provision was connected with the transhipment and forwarding provisions#

.u(stitution is now dealt with separately in Clause >#

Clause - " Transhipment

)he carrier3s right to tranship, land, store, reship and forward the cargo is dealt with in this

Clause# )he provision also gives the carrier the right to lighter the vessel & which had formerly

(een dealt with under a specific %Lighterage' clause#

Clause . " Lia%ility for 're" and On"Carriage

6nderlining the fact that if the carrier underta-es pre& or on&carriage, he does so as the

Merchant3s agent only, Clause " emphasises the importance of correctly filling in the %5re&?On&

carriage' (o$es on 5age 1#

Clause / " Loading and #ischarging

)he old heading of this clause included %4elivery'# *owever, as the carrier is re:uired only to

discharge the cargo and not actually physically deliver it, %delivery' has (een removed from the

heading and from su(&clause 8a9#

.u(&clause 8e9 emphasises the Merchant3s o(ligations in respect of delivery (y stipulating that

should the Merchant fail to ta-e delivery of the cargo, the carrier shall (e deemed to have

fulfilled the contract simply (y discharging the cargo# @urthermore, the clause stipulates that if

the cargo is not applied for within a reasona(le time the carrier may sell it privately or (y

auction#


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Minor amendments have (een made to the Clause for the sa-e of clarity#

Note= )he old Clause 12 8Options9 has (een deleted as the (ill of lading contains no provision

for the parties to agree on alternative discharge ports# Conse:uently, this would (e a matter to

(e addressed (y the parties under a separate agreement#

Clause !0 " reight1 Charges1 Costs1 Expenses1 #uties1 Taxes and ines

)he term %prepaya(le freight' as applied in the old CONLINEBILL was found to (e unclear and

the clause has therefore (een amended to read %freight, whether paid or not'# @urthermore, to

reflect common commercial practice, a fourteen days grace period has (een added (efore the

interest rate applies#

Clause !! " Lien

)his Clause is self&e$planatory and is unchanged from the earlier edition#

Clause !2 " eneral 3verage and alvage

+s will (e seen, general average shall (e adusted, stated and settled in London according to

the current version of the 0or-&+ntwerp Aules 1 at the time of the incident leading to the

general average#

Clause !$ " Both"to"Blame Collision Clause

)his Clause is self&e$planatory and is unchanged from the earlier edition#

Clause !( " overnment directions1 4ar1 Epidemics1 Ice1 tri5es1 etc6

)his Clause is self&e$planatory#

Clause !* " #efences and Limits of Lia%ility for the Carrier1 ervants and 3gents

)he old clause has (een maintained with the addition of new su(&clause 1


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Clause !. " 7eturn of Containers

6nder this new provision the Merchant is lia(le to the carrier for any loss of, damage to, or

delay, including demurrage, to containers and other porta(le stowage units while in his custody#

3dditional Clause

)he old +dditional Clause + 84emurrage9 has (een deleted since the demurrage concept does

not apply to the liner trade# )he 6. )rade 5eriod of Aesponsi(ility still applies to those involved

in 6. trades and has (een maintained#

)o protect a carrier, who is involved in 6#.# trades, against the ris- of assuming greater

responsi(ility without (eing a(le to ta-e advantage of the freight earning provision in Clause 12,

wording has (een incorporated at the end of the +dditional Clause to the effect that freight shall

(e paya(le on the cargo coming into the carrier3s custody# )here(y, a carrier assuming

responsi(ility for the cargo (efore its actual loading or after its discharge would (ecome entitled

to the agreed freight in case damage occurred (efore loading or after discharge (ut while cargo

was under his responsi(ility#

Liner Boo5ing Note " CONLINEBOO8IN

+s the terms and conditions found on the (ac- of the Liner Boo-ing Note are identical to those

of CONLINEBILL, a revised version of the Boo-ing Note has (een drafted reflecting the

changes to the standard terms and conditions# )he revised (oo-ing note is code named

CONLINEBOOIN7 222#

Blan5 Bac5 orms

)he Blan- Bac- versions of the Liner Bill of Lading and the Liner Boo-ing Note have also (een

amended to reflect the revised (o$&layout of CONLINEBILL 222 and CONLINEBOOIN7

222#

4ithdra&al Notice

@inally, it should (e noted that the 1!" editions of CONLINEBILL and CONLINEBOOIN7 are

now officially withdrawn# )he withdrawal notice also applies to the @rench, 7erman and .panish

versions of CONLINEBILL# BIMCO has no plans to produce foreign language versions of any of

its forms in the future#

Copyright

Copyright in CONLINEBILL 222 Liner Bill of Lading and the CONLINEBOOIN7 222 Liner

Boo-ing Note is held (y BIMCO#

(Printed in BIMCO Bulletin No. 2, 2001)


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22?E$planatoryDNotesDCONLINEBILLD222#asp$
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