Hong Kong LINKVEST Co., Ltd. signed a voyage time charter contract with ALMAVITA SHIPPING CO. to charter the latter's "M/V ALMAVITA". Transporting a batch of steel products from Ilychevsky, Ukraine to Shantou Port, China. The additional clause of the charterparty stipulates: "If requested by the charterer or his agent, the master shall authorize the charterer and/or his agent to issue on behalf of the master any bill of lading presented in accordance with the mate's receipt without any reference to this charter party." effect. The lessee shall compensate the lessor for any losses caused by the inconsistency between the bill of lading and the mate's receipt." On November 14, F. H. Bertling Gesellschaft m.b.h. acted as the lessee's agent. The captain of the ship "Mavita" issued two sets of loaded clean bills of lading in Vienna. The bill of lading records that the number of Ukrainian coils loaded on the "Oma Vita" is 19,484 rolls, with a gross weight of 10,039.432 metric tons. The quantity of goods recorded in the bill of lading is consistent with the first mate's receipt, and the weight is recorded in accordance with the requirements of the letter of credit, which is 9.388 tons less than the first mate's receipt. The "Oma Vita" ship was unloading at Shantou Port. After inspection by the Guangdong Import and Export Commodity Inspection Bureau of the People's Republic of China, it was found to be short of 240 rolls and 142.412 tons.

The consignee of the goods, Shantou Chaoxing Trading Company, filed a lawsuit with the Guangzhou Maritime Court, requesting that Omavita Shipping Company be ordered to pay for the loss of the short cargo, inspection fees, insurance premiums for the short cargo and breach of contract. The fine, etc. is 38,024 US dollars and 150,838.43 yuan. Omavita Shipping Company argued that it did not issue or authorize F. H. Bertling Gesellschaft m.b.h., which claimed to represent the master, to issue the bill of lading. The bill of lading does not have any legal binding force on Omavita Shipping Company, and it requested the court to reject the lawsuit of Shantou Chaoxing Trading Company.

The Guangzhou Maritime Court held that: According to the voyage time charter contract signed between the lessee Hong Kong LINKVEST Co., Ltd. and Omavita Shipping Company, the lessee and/or his agent have the right to represent the master, in accordance with the The first mate issues the bill of lading with receipt. Accordingly, the owner has granted the captain's right to issue bills of lading to the charterer. The bill of lading issued by the charterer (or through its agent) in the name of the captain is the bill of lading issued by the captain according to the charter party. According to the provisions of Article 72 of the Maritime and Commercial Law of the People's Republic of China, if the bill of lading is issued by the captain of the cargo-carrying ship, it is deemed to be issued on behalf of the carrier. It can be seen that Omavita Shipping Company, as the lessor, is the carrier of the bill of lading involved and should be bound by the bill of lading. Omavita Shipping Company has granted the captain the right to issue bills of lading to the charterer through the contract, and there is no need to ratify the bill of lading issued by the charterer (through its agent). Omaweta Shipping Company's claim that the bill of lading is not legally binding on it cannot be established.

Based on this, the Guangzhou Maritime Court ruled: Omavita Shipping Company compensated Shantou Chaoxing Trading Company for the actual value of the goods short of 38,065.73 US dollars and interest; rejected Shantou Chaoxing Trading Company’s claim Liquidated Penalties and Inspection Fee Requests.