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【裁判要旨】本案中货物的卖方虽记载在提单托运人一栏,但从查明的事实看,与承运人形成海上货物运输合同关系的托运人应该是货物的买方,买方既是托运人又是收货人、承运人依据与买方订立的海上货物运输公司的约定,将案涉货物安全、及时运抵目的港后,由于交货人与收货人之间的国际贸易合同纠纷.收货人拒绝提货。此种情形下,交货人不应承担由于收货人拒绝提货而产生的包括运费在内的相关费用,承运人应当依据海上货物运输合同的约定向收货人收取运费、
The purpose of the referee Although the seller of goods in the case recorded in the bill of lading the shipper column, but from the facts found, with the carrier the contract of carriage of goods by sea shipper should be the buyer of the goods, the buyer is both the shipper and The consignee and the carrier, in accordance with the agreement with the maritime freight transportation company entered into by the buyer, shall file the case in time for the safety and timely arrival of the goods in the port of destination due to the international trade contract dispute between the consignee and the consignee. Refuse to pick up. Under such circumstances, the delivery person shall not bear the costs incurred due to the consignee’s refusal to pick up the goods, including the freight costs. The carrier shall, according to the contract of carriage of goods by sea, collect the freight from the consignee,