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1990年国际海事委员会电子提单规则 CMI RULES FOR ELECTRONIC BI

分类: 法律英语 
8. The Private Key

a. The Private Key is unique to each successive Holder. It is nottransferable by the Holder. The carrier and the Holder shall each maintainthe security of the Private Key.

b. The carrier shall only be obliged to send a Confirmation of anelectronic message to the last Holder to whom it issued a Private Key,when such Holder secures the Transmission containing such electronicmessage by the use of the Private Key.

c. The Private Key must be separate and distinct from any means usedto identify the Contract of Carriage, and any security password oridentification used to access the computer network.

9. Delivery

a. The carrier shall notify the Holder of the place and date ofintended delivery of the goods. Upon such notification the Holder has aduty to nominate a consignee and to give adequate delivery instructions tothe carrier with verification by the Private Key. In the absence of suchnomination, the Holder will be deemed to be the consignee.

b. The carrier shall deliver the goods to the consignee uponproduction of proper identification in accordance with the deliveryinstructions specified in paragraph (a) above; such delivery shallautomatically cancel the Private Key.

c. The carrier shall be under no liability for misdelivery if it canprove that it exercised reasonable care to ascertain that the party whoclaimed to be the consignee was in fact that party.

10. Option to Receive a paper Document

a. The Holder has the option at any time prior to delivery of thegoods to demand from the carrier a paper Bill of Lading. Such documentshall be made available at a location to be determined by the Holder,provided that no carrier shall be obliged to make such document availableat a place where it has no facilities and in such instance the carriershall only be obliged to make the document available at the facilitynearest to the location determined by the Holder. The carrier shall not beresponsible for delays in delivering the goods resulting from the Holderexercising the above option.

b. The carrier has the option at any time prior to delivery of thegoods to issue to the Holder a paper Bill of Lading unless the exercise ofsuch option could result in undue delay or disrupts the delivery of thegoods.

c. A Bill of Lading issued under Rules 10(a) or (b) shall include: (i)the information set out in the receipt message referred to in Rule 4(except for the Private Key); and (ii) a statement to the effect that theBill of Lading has been issued upon termination of the procedures for EDIunder the CMI Rules for Electronic Bills of Lading. The aforementionedBill of Lading shall be issued at the option of the Holder either to theorder of the Holder whose name for this purpose shall then be inserted inthe Bill of Lading or to bearer.

d. The issuance of a paper Bill of Lading under Rule 10 (a) or (b)shall cancel the Private Key and terminate the procedures for EDI underthese Rules. Termination of these procedures by the Holder or the carrierwill not relieve any of the parties to the Contract of Carriage of theirrights, obligations or liabilities while performing under the presentRules nor of their rights, obligations or liabilities under the Contractof Carriage.

e. The Holder may demand at any time the issuance of a print-out ofthe receipt message referred to in Rule 4 (except for the Private Key)marked as “non-negotiable copy”。 The issuance of such a print-out shallnot cancel the Private Key nor terminate the procedures for EDI.

11. Electronic Data is Equivalent to Writing

The carrier and the shipper and all subsequent parties utilizing theseprocedures agree that any national or local law, custom or practicerequiring the Contract of Carriage to be evidenced in writing and signed,is satisfied by the transmitted and confirmed electronic data residing oncomputer data storage media displayable in human language on a videoscreen or as printed out by a computer. In agreeing to adopt these Rules,the parties shall be taken to have agreed not to raise the defence thatthis contract is not in writing

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