Defendant consignee Tianjin Jun’an commissioned Outsider Jun’an Industry to import a batch of goods, Jun’an Industry and Seller Hongkong Jun’an concluded a thermal energy sales contract, the goods should be shipped by M.V. “Hebei No.1” owned by Plaintiff shipowner/Carrier Fengdu. Later, goods right of the goods was transferred to Defendant Actual Consignee Fuxing through a series of sale and purchase contracts, and Defendant port operator Zhenneng Port provided transshipment services for it. Because the original bill of lading did not arrive, HongKong Jun’an sent non-documentary release letter of guarantee to Plaintiff shipowner Fengdu, the second shipowner Guodian Shipping respectively, claiming that the goods involved in the port of Liuheng China should be delivered to Defendant Tianjin Jun’an or its representative, without having to provide the original bill of lading, and said that the liability of each person under the letter of guarantee was the common joint and several liability.

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Hebei President Shipping Company Limited v. Zhejiang Zheneng Port Operation and Management Co., Ltd. et al.

  • Martin Davies,
  • Jiang Lin

摘要

Defendant consignee Tianjin Jun’an commissioned Outsider Jun’an Industry to import a batch of goods, Jun’an Industry and Seller Hongkong Jun’an concluded a thermal energy sales contract, the goods should be shipped by M.V. “Hebei No.1” owned by Plaintiff shipowner/Carrier Fengdu. Later, goods right of the goods was transferred to Defendant Actual Consignee Fuxing through a series of sale and purchase contracts, and Defendant port operator Zhenneng Port provided transshipment services for it. Because the original bill of lading did not arrive, HongKong Jun’an sent non-documentary release letter of guarantee to Plaintiff shipowner Fengdu, the second shipowner Guodian Shipping respectively, claiming that the goods involved in the port of Liuheng China should be delivered to Defendant Tianjin Jun’an or its representative, without having to provide the original bill of lading, and said that the liability of each person under the letter of guarantee was the common joint and several liability.