متن حقوقی ارسالی را ترجمه کن خط به خط کوتاه به شکلی که یک خط فارسی سمت راست در جدول و یک خط ترجمه در سمت چپ جدول تا انتهای متن2.3.2. Carriage by Air and Land
Carriage of goods by air may be arranged for a seller by a forwarding agent but it is also common for a seller to deal directly with an air carrier. The document issued as a receipt for goods consigned by air is the air way-bill or air consignment note. Unlike the bill of lading it is not a document of title.
Carriage by road or rail may be an incidental stage of a transit or it may be the primary mode. In an F.O.B. contract, for example, the seller might make a contract for the carriage of the goods by road or rail to the docks where he has to deliver the goods on board the ship. In this situation there is no international element in the road or rail carriage. Alternatively the seller may make a contract to have the goods carried for the entire journey by road or rail. International carriage of goods by road and rail is governed by the CMR Convention 1956 and the CIM Convention 1970. The documents issued as receipts for goods carried by road or rail are consignment notes. Like the air way-bill and unlike the bill of lading, they are not documents of title.
2.3.3. Combined Transport
This is also known as Through Carriage, Intermodal or Multimodal Transport. This arrangement is being increasingly used, particularly when cargoes are carried in containers. All carriage, by whatever mode or modes, involved in the transport of the goods from the seller to buyer is undertaken by a "combined transport operator" who arranges all the stages with the relevant carriers. The combined transport operator may be a carrier himself or may be a forwarding agent. The seller will make only one contract with the combined transport operator for the entire carriage. The document issued as a receipt will be a combined transport document which may or may not be a document of title. This mode of operation presents various legal problems.
2.4. The Insurance of Goods in Transit
Goods in transit, particularly by sea, are at risk. Under the contract of carriage the carrier may be liable to the owner of the goods in respect of loss or damage occurring to the goods while they are in his charge but not all loss or damage will be attributable to fault on the part of the carrier or his servants and, even if it is, the carrier may, under the terms of the contract of carriage, be exempt from liability or be liable only to a limited extent. Thus all goods sent overseas will almost certainly be insured. Whether this insurance is effected by the seller or by the buyer will depend on the contract of sale. Under an Ex-works contract, since the seller has only to deliver at his own place of business, there is no reason why he should insure thegoods since they will be at the buyer's risk throughout the entire transit. Conversely, in a Free Delivered contract it will usually be the seller who insures. In F.A.S. and F.O.B. contracts the goods will be at the risk of the buyer from the time that the goods are alongside and on board the ship respectively. It will therefore normally be the buyer who requires the goods to be insured for the sea transit. The parties may agree, however, that the seller shall actually arrange for this insurance as a service to the buyer for which he will charge the buyer. In a C.I.F. contract, on the other hand, it is the duty of the seller, as a normal part of the contract, to procure and pay for the insurance and the insurance policy is one of the documents which he must send to the buyer in order to fulfil his contractual obligations.
The form of insurance used when goods are to be carried by sea will be a policy of marine insurance. Such a policy usually covers not only the sea transit but any incidental surface transit from the seller's place of business to the port of loading and from the port of discharge to the buyer's place of business. Policies of insurance on goods to be carried by air are based largely on marine policies, though legally they are not such.
The policy of insurance on the goods will be assignable so that the seller may take out the policy in his own name and later assign it to the buyer, who will then be able to claim under the policy if the goods are lost or damaged after the property in the goods has passed to him. This assignment does not prevent the insurer from employing against the buyer any defence he would have had against the seller such as a right to avoid the contract because of misrepresentation. The insurance document usually employed in an overseas sale transaction will be the policy, but certificates of insurance, issued by the insurer, a broker or the seller himself, may also be employed. As a general rule, under a C.I.F. contract the policy itself must be tendered to the buyer.