The seller is responsible for loss or damage until goods have been placed in or on the conveyance at loading point and a clean bill of lading or other transportation receipt has been furnished by the carrier.
Cost and Freight (C&F)-The seller quotes a price including the cost of transportation to the designated point, provides a clean bill of lading and assumes responsibility for any expense, loss or damage until the goods are in the custody of the ocean carrier.
Essentially, the order bill demonstrates that the seller performed its obligation to deliver to the buyer by virtue of the goods crossing over the rail of the vessel at the port of shipment, and this was evidenced by the carrier issuing a clean bill of lading
Yet, the fact that a clean bill of lading
was issued and the goods arrived damaged is sufficient reason to shift the burden to the shipowner who then must prove that the damages occurred due to circumstances beyond his control.
The order bill demonstrates that the seller performed his/her obligation to deliver to the buyer by virtue of the goods crossing over the rail of the vessel at the port of shipment and so evidenced through the issuance of a clean bill of lading
by the carrier.