GB/T 28834-2012International logistics legal liability insurance - Basic elements of international freight forwarding bill of lading legal liability insurance (English PDF)

Foreword

This standard was drafted in accordance with GB/T 1.1-2009 given rules. The standard proposed by the People's Republic of China Ministry of Commerce. This standard by the National Standardization Technical Committee of the International Freight Forwarders (SAC/TC489) centralized. This standard was drafted. Hangzhou double-Logistics Ltd., Fujian GR International Freight Forwarders Ltd., Xiamen Branch, Shanghai New King Cheng International Logistics Co., Ltd., Shenzhen joint aspect of international freight forwarding company, New Era Insurance Brokers Co., Ltd., Chinese people and property insurance Insurance Co., Ltd., China Ping An Property Insurance Co., Ltd., China Pacific Property Insurance Co., Ltd., Huatai Property Insurance Ltd., Chongqing AP International Logistics (Group) Co., Ltd., Chongqing International Freight Forwarders Association, Jincheng Logistics (Group) Co., Ltd., Steel International Freight Co. Ltd., China Sinotrans Group Co., Ltd., China Shipping (Group) Corporation, Inner Mongolia Ankuai Logistics Group. The main drafters of this standard. Yang, Lily Li, Lin Zhong, Wang Yuling, Wang Yong, Feng Jianping, Chen Zheng, Ren Zhongwei, King Hund, Zhang Haifeng, Chen Zhiyong.

With an increasingly competitive market, Responsibility Freight Forwarders service capabilities and can afford it does not match, in trade The focus of conflict of interests of the enterprise, often a variety of liability disputes, therefore, the rights and obligations of Freight Forwarders of how to properly identify, Responsibility to identify and safeguard the legitimate interests of shippers and freight forwarding logistics enterprises become an important task. In order to avoid this risk, the insured logistics liability insurance became widely Large logistics companies preferred risk transfer instruments. Freight Forwarders from other contracts entered into the contract of carriage, storage contracts and processing contracts, to choose the carrier booking, customs declaration, inspection, Issuing documents, warehousing, transportation and other practical aspects of any fault or negligence, it may lead to very serious consequences and enormous by Economic losses. International Logistics liability insurance against liability risks Freight Forwarders and design insurance policy, the purpose is to compensate for the freight forwarding Logistics companies engaged in all aspects of international freight risk of loss from receipt to delivery may arise. Since China International Freight Forwarders insurance liability insurance less, the lack of experience in underwriting insurance company, therefore, international logistics liability insurance Still at the exploratory stage. In order to meet the needs of modern logistics development, experiences of developed countries, combined with China's reality, the development of international logistics Liability insurance policy, to fill our international logistics enterprises liability insurance gaps. International Logistics International Freight Forwarders Liability Insurance bill of lading The basic elements of liability insurance

1 Scope

China's national standard for the basic elements of international freight forwarding bill of lading legal liability insurance. It specifies the elements that such a policy comprises - the insured, the scope of cover, the liabilities covered and excluded, the limits, the deductibles, the period and the claims arrangements - for the liability a freight forwarder incurs when it issues its own bill of lading. A forwarder that issues a house bill of lading has changed what it is. As an agent it arranges carriage and is liable for its own negligence; once it issues a transport document in its own name it has contracted as a carrier, and it is liable to the holder of that document for the goods as a carrier is - for loss, for damage, for delay, and for misdelivery - regardless of which actual carrier caused the loss. It has assumed a liability measured by the value of other people's cargo while owning no ship. That is the exposure this insurance covers, and the standard exists because the exposure and the capacity to meet it were not matching in practice. The introduction says as much: as competition increased, the responsibility a forwarder took on and its ability to bear it diverged, and the resulting disputes became a focus of conflict in the trade. A forwarder that cannot meet a claim leaves the cargo interest with a worthless remedy, and the whole house bill of lading system depends on that remedy being real. Fixing the basic elements of the policy nationally means a shipper can know what cover a forwarder's certificate actually represents, and an insurer, a broker and a forwarder can negotiate from a common description rather than from wordings that differ in ways nobody notices until a claim. Issued on 5 November 2012 and in force since 1 December 2012.

This standard specifies the international logistics liability insurance (international freight forwarding the bill of lading liability insurance) liability risk insurance, liability exemption, responsibility Any limits and deductibles, insurance period, insurance matters insured and the insured obligations, reparation and dispute handling. This standard applies to the status of independent operator more business and medium-sized enterprises in the domestic freight forwarding logistics international logistics States Liability Insurance International Freight Forwarders of lading liability insurance coverage.

2 Normative references

The following documents for the application of this document is essential. For dated references, only the dated version suitable for use herein Member. For undated references, the latest edition (including any amendments) applies to this document.

GB/T 28833 International Logistics liability insurance coverage, claims rules

GB/T 28835 International Logistics international freight forwarders liability insurance liability insurance basic elements Domestic waterway cargo transportation rules (People's Republic of China Ministry of Transportation, 2000 No. 9) Automobile cargo transportation rules (People's Republic of China Ministry of Transportation 1999 No. 5) Railway cargo transportation rules (MOR 2000, No. 90)

3 Terms and Definitions

Terms and definitions GB/T 28835 apply to this document defined.

4 Insurance Contracts

4.1 insurance contract by the insurance policy, the application form, insurance, endorsements and special conventions composition. Involving insurance contracts, shall be used Writing. Insurance See Appendix A.

4.2 insured and the insurer may agree on any other matters related to insurance.

4.3 An insurance contract shall include the following.

a) the insurer's name and place of business;

b) the insured, the insured person's name, place of business;

c) the subject matter insured;

d) Insurance and exclusions;

e) the period of insurance;

f) the amount of insurance;

g) insurance and payment methods;

h) insurance indemnity or payment approach;

i) breach of contract and dispute settlement; Year contract j), month and day.