Combined transport documents

Abstract

As previously mentioned the difference between a ‘through’ and a ‘combined transport’ bill of lading is generally speaking one of responsibility for the land portion of the contract of carriage. On a through bill of lading the ocean carrier accepts responsibility as an agent from the place of acceptance, if expressly stated on the face of the bill of lading to the point of loading and subsequently after discharge from the carrying vessel and the responsibility for the sea voyage is in accordance with the Hague-Visby Rules. However, the position under combined transport documents is different because the carrier accepts ‘through liability’ as a principal for the contracts that he makes with sub-contractors. Furthermore, the clauses are constructed differently from those on a conventional through bill of lading as some lines express their contracts so as to conform to English Case Law. An ambiguity in the wording of a contract in English Law would be construed against the party tendering the document. For example, on a printed bill of lading an ambiguity would be construed against the carrier who issued the bill. When drafting these documents, every care is taken to avoid the use of words which could have an uncertain construction. The rapid expansion of combined transport, also known as intermodal or multimodal transport, i.e., the through movement of goods from the place of acceptance to the final destination by the successive use of more than one mode of transport, resulted in BIMCO deciding in 1971 to issue the COMBICONBILL, Combined Transport Bill of Lading, as a means of facilitating documentary requirements in international commerce.