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The first problem is that some large international shipping companies are all developing in the direction of large-scale logistics systems, and it is inevitable that they will set up their own cargo agencies in major ports. As a result, it is likely that they are one entity from freight forwarder to carrier to foreign agent, which is normal and the trend of the development of the logistics industry. So it is an indisputable fact that they appear in front of customers as a unity.
For another example, UPS, DHL, FEDEX are also good examples, they have their own complete goods circulation system, and they are all completed without even having to go out. This integration of the industrial chain gives them a wider range of advantages.
The second problem, theoretically speaking, is not without such a possibility, but there is a basic credibility problem in this, unless it is done and you will not do it, and you are likely to recover the goods through legal channels, it is not worth the loss, and it is definitely a small probability event. If you choose a larger freight forwarder, people may not be able to look at your goods, and they will not move these thoughts at all. Therefore, as long as it is a serious freight forwarder, there is no need to worry about this.
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The first problem is that large shipping companies have logistics companies under them, although they belong to the same company, but they are an independent department.
The second question, now the freight forwarding industry is fiercely competitive, there is no need to ruin your reputation for a ticket of goods, as long as you find a real and credible, regular freight forwarder, you don't have to worry.
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I'll talk about it too. The upstairs is concise and clear, the shipping company that the owner said has the ability to declare customs is only a certain of their company, such as the "logistics department" or "shipping agency department", but they only belong to the independent department of the shipping company, in fact, the nature is similar to the general freight forwarder, but the relative credibility is higher. But in terms of service, it mainly depends on the company as a whole or how the people who operate the list and the people in each link of sales reply and deal with it.
If you hire a freight forwarder**, the terms under the FOB import letter of credit signed by the bill of lading must be given to the freight forwarder before, what if the freight forwarder swallows the goods? Is it possible that this is also the case? Can I understand this passage as a designated freight forwarder?
First of all, the first clause is the result of your negotiation with foreign guests, and the freight forwarder is only responsible for transportation matters, but if such a thing happens, then how do you negotiate with your guests. First of all, you are in accordance with the consignee's requirements (letter of credit or other) to the freight forwarder or other things, that can only say that you have trusted this person, if there is a problem, you must first ask yourself instead of the freight forwarder, how do you talk to foreign guests. What I'm saying may be confusing, but it should be easier to understand.
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Summary. The so-called international freight forwarding refers to the industry that accepts the entrustment of the consignee and consignor of import and export goods, handles international cargo transportation and related business for the consignor in the name of the consignor or in its own name and receives service remuneration.
The difference between international freight**, cargo owner, and carrier.
The so-called international freight forwarding refers to the industry that accepts the entrustment of the consignee and consignor of the import and export goods and leaks, and handles the international cargo transportation and related business for the entrusted Naiwang trustee in the name of the consignor or in its own name.
The carrier mainly refers to the shipping company or airline, and the spine is the main body that implements the transportation. Although some carriers also directly deal with cargo owners, in most cases, they no longer deal directly with cargo owners. It is the party that actually transports the goods, and is responsible for the loss, shortage, pollution, and damage of the goods during the transportation of the goods.
What we call international freight** is the party that actually negotiates with the carrier from the shipper's standpoint. So there is a fundamental difference between the two.
There are 3 sides to my question.
There are also differences in the way in which the two types of income are earned. For example, NVOCCs, according to the Maritime Regulations, can only collect freight from shippers according to the freight rates reported to the Ministry of Communications, earn freight differences, and cannot receive commissions from actual carriers. In accordance with the provisions of the "Detailed Rules for the Implementation of the Regulations on the Administration of International Cargo Transportation", the freight carrier can not only charge the cargo owner the first fee, but also take the commission from the carrier at the same time.
In addition, the business of the two is also different. As a party to the carrier, it is in its own name with the cargo owner and the actual carrier respectively to enter into a contract of carriage, usually the bulk equipment provided by multiple cargo owners is assembled in a container, and the actual carrier negotiates the space, although at this time the NVOCC will also provide packaging, warehousing, vehicle transportation, barge, insurance and other services, but these services are not the main business but auxiliary. As a pure freight forwarder, its main business is cargo collection, booking, consignment, warehouse type ro-ro storage, packaging, cargo supervision, unloading, container loading and unpacking, distribution, transit and related short-distance transportation services, customs declaration, inspection, inspection, insurance, preparation and issuance of relevant documents, delivery of freight, settlement and delivery of miscellaneous expenses.
The relationship between the international freight carrier and the cargo owner is called the entrustment relationship.
The owner's explanation is the easiest.
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The consignor sells things to the consignee, and the consignee as the consignor entrusts the freight to transport the goods, and the freight consignor entrusts the goods from one place to another through the designated transportation route, and the freight is the transportation company (sea, land, air) to receive and transport the goods, and the goods, so as to play an important role in the connection between the consignor and the merchant.
The direct transporter of the goods is the carrier, and the owner of the goods finally directly hands over the goods to the carrier, and completes the delivery task. To put it simply, the owner of the goods is a seller who lacks patience; The consignee is a buyer; The freight ** person is to help the buyer and seller to charter the ship, customs clearance, and pick up the goods; A carrier is a company that helps transport in the middle.
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1. Cargo owner: refers to the owner of the goods or the royal right.
2. Carrier:
Carrier means a person who enters into a contract of carriage of goods by sea with the shipper in his own name or in his own name.
3. Shipper:
A social organization that entrusts a carrier to deliver goods (baggage or parcels) and pay for freight.
or individuals. The party to the contract of carriage of goods and the consignment formalities in the form of a waybill shall be legally liable for the contents of the contract of carriage or waybill concluded and confirmed by it and the carrier.
Their rights and interests are protected by law.
When going through the consignment procedures, the cargo waybill shall be filled in and submitted in accordance with the provisions of the relevant conditions of carriage. For the goods that are subject to embargo, restriction and need to go through customs, quarantine, health, tax and other formalities, supporting documents shall be attached and submitted to the carrier at the same time as the waybill.
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First of all, from the perspective of the relationship between the two and the shipper and the consignee, the NVOCC and the shipper are in a fiduciary relationship, and the consignee is the relationship between the issuer and the holder of the bill of lading.
That is to say, when the shipper makes a booking, the NVOCC negotiates the space with the shipping company as the shipper according to its own tariff and arranges the transportation of the goods. The international freight forwarder we are familiar with is the relationship between the entrusted party and the consignor, and there is no relationship with the consignee.
The second is that the legal status of the two is also different.
According to the definition of a carrier in the Maritime Law, "the carrier refers to a person who enters into a contract of carriage of goods by sea with the shipper in his own name or by entrusting another person to do so", and the Maritime Law emphasizes the significance of the carrier as a party to the contract. Therefore, NVOCCs have the legal status of contractual carriers. The international freight forwarder is the entrusting party, helping the shipper to arrange the transportation of goods and providing the best service to the shipper.
In addition, the conditions and approval procedures for the establishment of the two are different.
According to the provisions of the "Regulations", the registration system is implemented for NVOCCs, rather than the approval system, and only a deposit of 800,000 yuan is required, and only 200,000 yuan of deposit is required for each branch established.
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Non-vessel Operating Common Carrier (NVOCC) is a carrier that operates container freight pick-up, packing, unpacking and inland transportation in container transportation, and operates transit station or inland station business, but does not operate ships. In fact, it is an intermediary carrier with a dual identity. To the real cargo owner, he can only be the carrier, but to the ship, he is the shipper.
Freight forwarder due agent is an agency that handles cargo transportation business according to the requirements of the client regardless of the mode of transportation by sea, land, air and rail. Some of them are carriers who collect goods from cargo owners, some who handle consignment from carriers, and some who are concurrently engaged in both aspects of business. They are transport intermediaries and act as a bridge between carriers and shippers.
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"Free carrier" means that the seller completes the delivery as long as the goods are handed over to the carrier designated by the buyer at the designated place and the export customs clearance formalities are completed. It should be noted that the choice of place of delivery has an impact on the obligation to load and discharge goods at that place. The Seller shall be responsible for loading the Goods if the Seller delivers the goods at its location, and the Seller shall not be responsible for unloading the Goods if the Seller delivers at any other place.
The term can be used for a variety of modes of transportation, including multimodal transportation. "Carrier" means any person who, in a contract of carriage, undertakes to perform carriage by rail, road, air, sea, inland waterway or a combination thereof, or by another person. If the buyer takes delivery of the goods by a person other than the carrier appointed by the buyer, the seller shall be deemed to have performed when the goods are handed over to that person.
1. Carrier's liability insurance.
On July 1, 2004, the "Road Transport Regulations of the People's Republic of China" was adopted. Article 36 stipulates that "passenger transport operators and operators of dangerous goods shall separately insure the carrier's liability insurance for passengers or dangerous goods of trousers and trousers".
For the first time, carrier liability insurance has become compulsory insurance for passenger transport enterprises. Carrier liability insurance is a special type of insurance developed by insurance companies for enterprises engaged in road passenger transport services to share the risk of compensation for passenger accidents. It covers the economic liability of the insured for personal injury or property damage suffered by the passenger on the way to the passenger vehicle provided by the insured, and the insured shall bear the liability for financial compensation in accordance with the law.
The policyholder and the insured of the carrier liability insurance are the carriers approved by the road transport administration to legally engage in road passenger services, including transportation companies, taxi companies, etc.
2. The period of responsibility of the carrier.
The period of responsibility of the carrier refers to the period during which the carrier is responsible for the goods. During this period, the carrier shall be liable for any loss or damage to the goods, or delay in delivery of the goods due to reasons for which the carrier cannot be exempted. If the loss of or damage to the goods occurred during the period of the carrier's responsibility and the carrier cannot be exempted from liability, the carrier shall be liable for the loss or damage even if the loss or damage to the goods occurred after the expiration of the carrier's period of responsibility.
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The carrier loses the goods from the time of carriage (from the time of receipt of the goods at the station where the goods are stored before carriage) to the time when the goods are delivered to the consignee or handed over to other authorities and enterprises in accordance with regulations. Liability for damages. However, due to one of the following reasons, the husband is excluded, except for damage
1 Force Majeure.
2. Fragmentation caused by the nature of the goods themselves. Rust. Reduce. deterioration or spontaneous combustion, etc.
3. The reasonable wear and tear of the goods, and the shortcomings of the packaging of the goods, which cannot be found from the outside during transportation or are not marked on the goods in accordance with national regulations.
5. The reinforcing materials of the cargo loaded by the shipper do not meet the conditions stipulated by the carrier, or violate the loading regulations, and cannot be found at the time of handover.
6. The escort did not take measures to ensure the safety of the goods
7 Other Responsibilities of the Shipper or Consignee.
Due to the responsibility of the shipper, the consignee or the fault of the escort, the iron old road transport vehicle collapses. The shipper or consignee shall be liable for any damage caused by equipment or a third party's cargo.
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The carrier of the contract of carriage of goods has the obligation to transport the goods to the agreed place and adopt effective packaging methods to ensure that the goods cannot be lost or damaged and to be notified in a timely manner upon arrival. According to Article 832 of the Civil Code, the carrier shall be liable for compensation for the damage or loss of the goods during transportation. However, if the carrier proves that the damage or loss of the goods is caused by force majeure, the natural properties of the goods themselves or reasonable wear and tear, and the fault of the shipper or consignee, the carrier shall not be liable for compensation.
Article 830 stipulates that if the carrier knows the consignee after the cargo arrives, it shall notify the consignee in a timely manner, and the consignee shall take delivery of the goods in a timely manner. If the consignee fails to take delivery of the goods within the time limit, it shall pay the carrier storage fees and other expenses.
Article 832 of the Civil Code provides that the carrier shall be liable for compensation for the damage or loss of the goods during transportation. However, if the carrier proves that the damage or loss of the goods is caused by force majeure, the natural nature of the goods themselves or reasonable wear and tear, or the fault of the shipper or consignee, the carrier shall not be liable for compensation. Article 830 After the cargo arrives, if the carrier knows the person who has received the goods, it shall notify the consignee in a timely manner, and the consignee shall take delivery of the goods in a timely manner.
If the consignee fails to take delivery of the goods within the time limit, it shall pay the carrier storage fees and other expenses.
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