Taiping Property Insurance Co., Ltd. Shanghai Branch v. Sinotrans Eastern Co., Ltd.
摘要
The contract of carriage between Outsider shipper and Defendant carrier stipulated that the carrier was responsible for the shipping and loading and unloading of bulk carriers from the domestic port of Qingdao to the port of Shanghai to the port of Massawa. The shipper insured Plaintiff insurer for the carriage of the goods involved. The goods was loaded. All the goods had slight rust and scratches on the surface. The shipper did not raise any objection to the fact that the risk of carrying the goods on deck was borne by the shipper and not the responsibility of the ship or the shipowner as indicated in the receipt. The shipper issued a form of security requiring the issuance of a clean bill of lading, guaranteeing compensation and liability for all loss, damage and any other liability arising out of the issuance of such clean bill of lading. When the ship collided with other ships in transit, it was found that the goods involved was damaged after the ship arrived at the port of discharge. The insurer entrusted the assessment company to conduct the survey, and the survey personnel issued a loss inspection report to recognize that the rust damage of the goods was caused by seawater.