International trade both sides connects regular meeting to use international trade term in the contract, differentiate to the carriage means of goods and risk, be in charge of dealing with Qing Dynasty of imports and exports to close formalities to reach by who order cabin to carry to carrier etc make an agreement. Although this is planted,the agreement between buyers and sellers reachs goods acting contract to do not have direct sanction to carrying, but generally speaking, the buyer of the buying and selling of international trade or bargainor will fulfil the obligation that its should use up in carriage process according to the agreement of commerce contract, their meaning in buying and selling and the contract that carry two mutual correlation expresses to reach law specific contact exists normally between the position.
In the cognizance of maritime freightage contract and case of freight representative contract, written entrusting the agreement, agreement that order cabin or bill of lading to wait is to examine the legal impact and right are compulsory basis between party. From analysis of litigant evidence angle, the content of fax or oral agreement decides very hard when producing controversy, judgment person the behavior of the exterior account that often needs integrated referenced bill of lading, party and the commerce term that its agree in commerce contract with carry relevant provision, concern with goods generation to carrying accordingly the true meaning between party expresses to reach right obligation to make reasonable judgement.
For example, buyers and sellers agrees in commerce contract: Clinch a deal with FOB price condition, the goods that the bargainor appoints to buyer takes the place of to the company contacts goods to hand over matters concerned and exchange bill of lading of armour ship company, accordingly collection payment for goods. The bargainor reachs goods exit Qing Dynasty to close a file to give then this money acting firm, obtain the bill of lading that armour ship company signs and issue. Acting seller of money acting firm dealt with goods to export Qing Dynasty to involve procedures, entrust second boat to the company transports goods and give with buyer name again buyer, pay freight by buyer. Later, the bargainor entrusts a bank with bill of lading of armour ship company to buyer collection, retreat sheet. Via checking, armour ship company without industrial and commercial registration book, already missed. The bargainor sues goods acting company because of dispute of freight representative contract then, reason is: Money acting firm accepts a bargainor to entrust order cabin to give carry goods, have the acting responsibility that chooses eligible carrier for client discretion. Money acting firm will not have the armour ship company of carrier aptitude to carry single cross to give a selling party, cause a bargainor to cannot chase after countervail to carrier, ought to assume the fault responsibility with undeserved representative. Goods is acting company criterion argue says its are to accept buyer fax to entrust, acting buyer receives bill of lading of company of ship of armour of goods, pass on, entrust second ship company to finish freightage actually to give buyer. In this case, do not have between bargainor and money acting firm written entrust an agreement, the buyer fax that the bargainor offers to money acting firm entrusts file authenticity to also do not grant to approbate; Focus of controversy of litigant both sides is bargainor and goods generation whether to exist between the company entrust the relation that order cabin.
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