颁布日期：19900629 　实施日期：19900629 　颁布单位：巴黎

　　1. Scope of Application

　　（i） These Rules shall be called the “CMI Uniform Rules for SeaWaybills”。

　　（ii） They shall apply when adopted by a contract of carriage which isnot covered by a Bill of Lading or similar document of title， whether thecontract be in writing or not.

　　2. Definitions

　　（i） In these Rules：

　　“Contract of carriage” shall mean any contract of carriage subject tothese Rules which is to be performed wholly or partly by sea.

　　“Goods” shall mean any goods carried or received for carriage under acontract of carriage.

　　“Carrier” and “Shipper” shall mean the parties named in oridentifiable as such from the contract of carriage.

　　“Consignee¹” shall mean the party named in or identifiable as such fromthe contract of carriage， or any person substituted as consignee inaccordance with Rule 6（i）。

　　“Right of Control” shall mean the rights and obligations referred toin Rule 6.

　　（ii） Reference in these Rules to the carrier， the shipper or theconsignee shall include their authorized² representatives.

　　3. Agency

　　（i） The shipper on entering into the contract of carriage does so notonly on his own behalf but also as agent for and on behalf of theconsignee， and warrants to the carrier that he has authority so to do.

　　（ii） This Rule shall apply if， and only if， it be necessary by the lawapplicable to the contract of carriage so as to enable the consignee tosue and be sued thereon. The consignee shall be under no greater liabilitythan he would have been had the contract of carriage been covered by aBill of Lading or similar document of title.

　　4. Rights and responsibility

　　（i） The contract of carriage shall be subject to any InternationalConvention or National Law which is， or if the contract of carriage hadbeen covered by a Bill of Lading or similar document of title would havebeen， compulsorily³ applicable thereto. Such convention or law shall applynotwithstanding anything inconsistent therewith in the contract ofcarriage.

　　（ii） Subject always to subrule （i）， the contract of carriage isgoverned by：

　　（a） these Rules；

　　（b） unless otherwise agreed by the parties， the carriers' standardterms and conditions for the trade， if any， including any terms andconditions relating to the non-sea part of the carriage；

　　（c） any other terms and conditions agreed by the parties.

　　（iii） In the event of any inconsistency between the terms andconditions mentioned under subrule （ii） （b） or （c） and these Rules， theseRules shall prevail.

　　5. Description of the Goods

　　（i） The shipper warrants the accuracy of the particulars furnished byhim relating to the goods， and shall indemnify the carrier against anyloss， damage or expense resulting from any inaccuracy.

　　（ii） In the absence of reservation by the carrier， any statement in asea waybill or similar document as to the quantity or condition of thegoods shall

　　（a） as between the carrier and the shipper be prima facie evidenceof receipt of the goods as so stated；

　　（b） as between the carrier and the consignee be conclusiveevidence of receipt of the goods as so stated， and prove to the contraryshall not be permitted， provided always that the consignee has acted ingood faith.

　　6. Right of Control

　　（i） Unless the shipper has exercised his option under subrule （ii）below， he shall be the only party entitled to give the carrierinstructions in relation to the contract of carriage. Unless prohibited bythe applicable law， he shall be entitled to change the name of theconsignee at any time up to the consignee claiming delivery of the goodsafter their arrival at destination， provided he gives the carrierreasonable notice in writing， or by some other means acceptable to thecarrier， and undertakes to indemnify the carrier against any additionalexpense caused thereby⁴.

　　（ii） The shipper shall have the option， to be exercised not later thanthe receipt of the goods by the carrier， to transfer the right of controlto the consignee. The exercise of this option must be noted⁵ on the seawaybill or similar document， if any. Where the option has been exercisedthe consignee shall have such rights as are referred to in subrule （i）above and the shipper shall cease to have such rights.

　　7. Delivery

　　（i） The carrier shall deliver the goods to the consignee uponproduction of proper identification.

　　（ii） The carrier shall be under no liability for wrong delivery if hecan prove that he has exercised reasonable care to ascertain⁶ that theparty claiming to be the consignee is in fact that party.

　　8. Validity

　　In the event of anything contained in these Rules or any suchprovisions as are incorporated into the contract of carriage by virtue⁷ ofRule 4， being inconsistent with the provisions of any InternationalConvention or National Law compulsorily applicable to the contract ofcarriage， such Rules and provisions shall to that extent but no furtherbe null and void.