What Is a Picture Clause?

The back clause refers to the legal basis established by each shipping company to determine the rights and obligations between the carrier, shipper and bill of lading assignee.

Back clause

1. Definition clause. The bills of lading of various shipping companies generally have defined clauses that define the meaning and scope of "Merchant" as a party to the contract of carriage. The "Cargo Party" is defined as "including the shipper and the consignee". , Consignee, bill of lading holder and owner of the goods ". ^[1]

8. Packing and mark clause. The shipper is required to properly pack the goods before departure. The cargo marks must be clearly identified, and the port of destination must be clearly marked on the appearance of the goods and must be kept clear at the time of delivery.

9. Freight and other charges. The clause generally stipulates that the shipper or consignee shall pay the freight according to the amount, currency name, calculation method, payment method and time recorded on the front of the bill of lading, and the goods shall be borne by the shipper from the time of shipment to the time of delivery. Other fees, as well as non-refundable fees after collection of freight.

10. Lien clause. This clause stipulates that the carrier has the right to seize or sell the goods to pay the arrears when the shipper and consignee have not paid the freight, demurrage, loss of freight and common average share. The carrier still has the right to recover the difference from the consignor.

11. Transshipment clause. The clause generally stipulates that if necessary, the carrier has the right to re-ship the ship or switch to another mode of transportation or indirectly to the destination, and the costs incurred by the carrier shall be borne by the carrier, but the risk shall be borne by the carrier. The carrier's liability is limited to the transport carried out by the ship itself. However, when the carrier acts in violation of the international conventions or domestic regulations concerning the bill of lading, it shall be deemed invalid.

12. Discharging and delivery clause. After the ship arrives at the port of discharge, the consignee should pick up the cargo in time, otherwise the carrier has the right to unload the cargo on shore or at another appropriate place, and all costs and risks should be borne by the cargo party.

13. On deck cargo clause. There are no provisions applicable to deck cargo in the Hague Rules. Therefore, this clause is specifically provided in the bill of lading, which stipulates that the carrier shall be exempt from liability for the loss and damage of deck cargo, but this provision does not relieve the carrier of its responsibility for proper care of deck cargo.

14. Dangerous, contraband cargo clause. This clause stipulates that when consigning dangerous goods, the shipper shall truthfully declare to the carrier, and in accordance with the requirements of the International Maritime Organization's International Maritime Dangerous Goods Regulations, mark the outer packaging of the goods, issue a commodity inspection certificate, and transportation instructions. If the shipper fails to fulfill the above obligations, the carrier has the right to turn it harmless, discard or unload the ship, or dispose of it in other ways when it is found to be in danger, and the shipper shall bear all the liabilities and costs arising from the disposal.

In addition to the contents of the front and back of the bill of lading described above, the carrier can also add some content to the bill of lading when necessary, that is, endorsement.