Article 81 Unless notice of loss or damage is given in writing by the consignee to the carrier at the time of delivery of the goods by the carrier to the consignee， such delivery shall be deemed to be prima facie evidence of the delivery of the goods by the carrier as described in the transport documents and of the apparent good order and condition of such goods.
Where the loss of or damage to the goods is not apparent， the provisions of the preceding paragraph shall apply if the consignee has not given the notice in writing within seven consecutive days from the next day of the delivery of the goods， or， in the case of containerized goods， within 15 days from the next day of the delivery thereof.
The notice in writing regarding the loss or damage need not be given if the state of the goods has， at the time of delivery， been the subject of a joint survey or inspection by the carrier and the consignee.
Article 82 The carrier shall not be liable for compensation if no notice on the economic losses resulting from delay in delivery of the goods has been received from the consignee within 60 consecutive days from the next day on which the goods had been delivered by the carrier to the consignee.
Article 83 The consignee may， before taking delivery of the goods at the port of destination， and the carrier may， before delivering the goods at the port of destination， request the cargo inspection agency to have the goods inspected. The party requesting such inspection shall bear the cost thereof but is entitled to recover the same from the party causing the damage.
Article 84 The carrier and the consignee shall mutually provide reasonable facilities for the survey and inspection stipulated in Article 81 and 83 of this Code.
Article 85 Where the goods have been delivered by the actual carrier， the notice in writing given by the consignee to the actual carrier under Article 81 of this Code shall have the same effect as that given to the carrier， and that given to the carrier shall have the same effect as that given to the actual carrier.
Article 86 If the goods were not taken delivery of at the port of discharge or if the consignee has delayed or refused the taking delivery of the goods， the Master may discharge the goods into warehouses or other appropriate places， and any expenses or risks arising therefrom shall be borne by the consignee.
Article 87 If the freight， contribution in general average， demurrage to be paid to the carrier and other necessary charges paid by the carrier on behalf of the owner of the goods as well as other charges to be paid to the carrier have not been paid in full， nor has appropriate security been given， the carrier may have a lien， to a reasonable extent， on the goods.
Article 88 If the goods under lien in accordance with the provisions of Article 87 of this Code have not been taken delivery of within 60 days from the next day of the ship's arrival at the port of discharge， the carrier may apply to the court for an order on selling the goods by auction； where the goods are perishable or the expenses for keeping such goods would exceed their value， the carrier may apply for an earlier sale by auction.
The proceeds from the auction sale shall be used to pay off the expenses for the storage and auction sale of the goods， the freight and other related charges to be paid to the carrier. If the proceeds fall short of such expenses， the carrier is entitled to claim the difference from the shipper， where as any amount in surplus shall be refunded to the shipper. If there is no way to make the refund and such surplus amount has not been claimed at the end of one full year after the auction sale， it shall go to the State Treasury.
Section 6 Cancellation of Contract
Article 89 The shipper may request the cancellation of the contract of carriage of goods by sea before the ship sails from the port of loading. However， except as otherwise provided for in the contract， the shipper shall in this case pay half of the agreed amount of freight； if the goods have already been loaded on board， the shipper shall bear the expenses for the loading and discharge and other related charges.
Article 90 Either the carrier or the shipper may request the cancellation of the contract and neither shall be liable to the other if， due to force majeure or other causes not attributable to the fault of the carrier or the shipper， the contract could not be performed prior to the ship's sailing from its port of loading. If the freight has already been paid， it shall be refunded to the shipper， and， if the goods have already been loaded on board， the loading/discharge expenses shall be borne by the shipper. If a bill of lading has already been issued， it shall be returned by the shipper to the carrier.
Article 91 If， due to force majeure or any other causes not attributable to the fault of the carrier or the shipper， the ship could not discharge its goods at the port of destination as provided for in the contract of carriage， unless the contract provides otherwise， the Master shall be entitled to discharge the goods at a safe port or place near the port of destination and the contract of carriage shall be deemed to have been fulfilled.
In deciding the discharge of the goods， the Master shall inform the shipper or the consignee and shall take the interests of the shipper or the consignee into consideration.
Section 7 Special Provisions Regarding Voyage Charter Party
Article 92 A voyage charter party is a charter party under which the ship owner charters out and the charterer charters in the whole or part of the ship's space for the carriage by sea of the intended goods from one port to another and the charterer pays the agreed amount of freight.
Article 93 A voyage charter party shall mainly contain name of the ship owner， name of the charterer， name and nationality of the ship， its bale orgrain capacity， description of the goods to be loaded， port of loading， port of destination， lay days， time for loading and discharge， payment of freight， demurrage， dispatch and other relevant matters.
责任编辑：wangpeng6151
