What Is a Contract Carrier?

Article 42 of the Maritime Law of the People's Republic of China stipulates that the "carrier" means the person who, or entrusts others, to enter into a contract for the carriage of goods by sea with the shipper in his own name.

"Carrier" means I or entrust others with

The loss or damage to the goods during the period of responsibility is due to one of the following reasons, and the carrier is not liable for compensation:

(1) Negligence of the master, crew, pilot or other employed person of the carrier in navigating or managing the ship

(2) Fire, except for those caused by the carrier's own fault

(3) Natural disasters, dangers or accidents at sea or other navigable waters

(D). War or armed conflict

(5) Acts of the government or the competent authority, quarantine restrictions or judicial detention

(6) Strikes, suspensions or restricted labor

(7) Rescue or attempt to save lives or property at sea

(8) Acts of shippers, cargo owners or their agents

(9). Natural characteristics or inherent defects of the goods

(10). Poor packaging of the goods or lack of or unclear marks

(11). Potential defects of the ship have not been found after careful handling

(12). Other reasons not caused by the fault of the carrier or his servants or agents ^[1]

(1) According to the time limit, quantity, start and end points stipulated in the contract, reasonably dispatch vehicles to complete transportation tasks.

(2) When in charge of loading and unloading, the operating regulations and loading standards should be strictly observed to ensure the quality of loading and unloading.

(3) Responsible transportation. For vehicles arranged for loading, the cargo boxes must be completely cleaned, and the goods must be tied tightly and tightly covered. Regular inspections should be carried out during transportation to find abnormal conditions, and timely measures should be taken to ensure the quality of transportation.

Therefore, the responsibility for damage to the goods due to the placement of the machine lies with the carrier (driver).

Only when loading live animals, fresh plants that need to be watered, cargo that is heated by fire, locomotives and rail cranes, liquefied gas tankers,

1) The carrier may refuse transportation if the shipper packs the goods in violation of the agreed packing method;

2) Where the carrier pays freight, storage fees and other transportation costs to the shipper or consignee, it shall have a lien on the corresponding transportation goods, unless the parties agree otherwise;

3) If the carrier is unknown to the consignee or the consignee refuses to accept the goods, the carrier shall promptly notify the shipper and request it to give instructions for the disposal of the goods within a reasonable period.

If the shipper cannot be notified, or if the shipper fails to give instructions within a reasonable period or the instructions cannot be implemented in practice, the carrier may deposit the goods. If the goods are not suitable for deposit, the carrier may auction or sell the goods according to law, and after deducting the freight, storage fees and other transportation expenses, withdraw the remaining price.