Basic Knowledge Of Ocean Bill Of Lading
1. The connotation of the bill of lading
The bill of lading must be issued by the carrier or captain or their agent, and the identity of the issuer should be clearly indicated.
The bill of lading is a document that proves the establishment of a maritime transportation contract and that the carrier has taken over the goods or has loaded the goods on board, and guarantees the delivery of the goods to the destination.
The bill of lading is also a kind of goods title certificate, according to which the carrier delivers the goods. The holder of the bill of lading can pick up the goods on this basis, or on the basis of this to the bank, can also transfer the cargo before the cargo ship arrives at the port of destination for delivery.
The contents of the bill of lading consist of two parts: the positive fact record and the terms on the back of the bill of lading. The main contents of the bill of lading formulated by each shipping company are roughly the same.
2. The back clause of the bill of lading and its basis
The terms printed on the back of the bill of lading stipulate the rights, obligations and exemptions of liability between the carrier and the cargo party, and are the main legal basis for the parties to deal with disputes.
On the back of the LONG TERM original bill of lading, there are many clauses, mainly including:
(1) DEFINITION CLAUSE-Mainly restrict the "carrier", "shipper" and other related parties. The former includes the shipowner who has a contract of carriage with the shipper, and the latter includes the consignee, consignee, bill of lading holder and cargo owner.
(2) Jurisdiction Clause (JURISDICTION CLAUSE)-point out that when there is a dispute on the bill of lading, according to the law, a certain court has the right to hear and resolve the case.
(3) DURATION OF LIABILLITY-a clause stipulating the period during which the carrier shall be liable for the loss or damage of the goods. The general ocean bill of lading stipulates that the carrier’s liability period starts when the goods are loaded on the ship to when they are discharged from the ship. The container bill of lading is from the carrier's acceptance of the goods to the delivery to the designated consignee.
(4) PACKAGES AND MARKS-require the shipper to provide the goods with proper packaging and correct and clear marks. All expenses incurred due to unclear marks or poor packaging shall be borne by the cargo owner.
(5) Freight and other charges (FREIGHT AND OTHER CHARGES)-The freight is stipulated to be prepaid, and should be paid at the time of shipment, and those paid on arrival should be paid at the time of delivery. When the ship and cargo suffer any loss or loss, the freight shall still be paid, otherwise, the carrier can exercise a lien on the cargo and documents.
(6) TRANSHIPMENT CLAUSE-Although the carrier has issued a direct bill of lading, it can still be transshipped freely due to objective needs without the shipper’s consent. Transshipment fees are borne by the carrier, but the risk is borne by the shipper, and the carrier’s liability is limited to the section of transportation completed by its own ship.
(7) Inaccurate declaration (INACCURACY IN PARTICULARS FURNISHED BY SHIPPER)--The carrier has the right to check the quantity, weight, size and content of the cargo declared by the consignment at the port of shipment and the port of destination. If it is found to be inconsistent with the actual situation, the carrier may charge the freight Punish
(8) LIMIT OF LIABILITY-stipulates the carrier's compensation limit for losses caused by loss or damage to the goods, that is, the compensation for each piece or unit of calculation does not exceed a certain amount.
(9) General Average (GENERAL AVERAGE-G.A.)-stipulates what rules should be used to adjust if general average occurs. Internationally, the 1974 Vietnam-Antwerp rules are generally adopted for adjustment. In my country, some bills of lading are routinely adjusted in accordance with the 1975 Beijing adjustment rules.
(10) American Clause (AMERICAN CLAUSE)-stipulates that the transportation of goods to and from U.S. ports can only be applied to the United States 1936 (CARRIAGE OF GOOD BY SEA ACT. 1936) freight according to the rate registered by the Federal Maritime Commission (FMC). If the bill of lading clause conflicts with the above-mentioned rules, the US law shall prevail. This clause is also called "local clause" (LOCAL CLAUSE).
(11) Deck cargo, live animals and plants (ON DECK CARGO, LIVE ANIMALS AND PLANTS)-the acceptance, handling, transportation, custody and unloading regulations of these three kinds of goods are carried out at the risk of the shipper and the shipper. People are not responsible for its loss or damage.
3. Fill in the front of the ocean bill of lading and matters needing attention
(1) According to Article 73 of the Maritime Law of the People’s Republic of China promulgated and implemented on July 1, 1993, the following items should be recorded on the front of the bill of lading:
1. The name, mark, number of packages or pieces, weight or volume of the goods, and the description of the nature of the danger when transporting dangerous goods.
2. The name of the carrier and the main business office.
3. Ship name.
4. The name of the shipper
5. The name of the consignee.
6. The port of loading and the date when the goods are accepted at the port of loading.
7. The port of discharge.
8. The multimodal transport bill of lading adds the place of receiving goods and the place of document goods.
9. The date, place and number of copies of the bill of lading.
10. Payment of freight.
11. The carrier or its representative.
Article 73 of my country's Maritime Law also stipulates that "the lack of one or more of the provisions of this paragraph in the bill of lading does not affect the nature of the bill of lading." The matters recorded on the front of the bill of lading have preliminary evidence in law.
(two) matters needing attention
(1) Shipper (SHIPPER), generally the beneficiary in the letter of credit. If the issuer requires a third party bill of lading (THIRDPARTY B/L) for trade needs, it can also do so.
(2) For the consignee (CONSIGNEE), if a named bill of lading is required, you can fill in the specific consignee company or the name of the consignee; if it is an instruction bill of lading, fill in "instruction" (ORDER) or "instruction" ( TO ORDER); If you need to specify the instructor on the bill of lading, you can make "TOsgroupsOF SHIPPER", "TOsgroupsOF CONSIGNEE" or "Bank Instruction" according to different requirements ( TOsgroupsOF XX BANK).
(3) NOTIFY PARTY, this is the recipient of the arrival notice sent by the shipping company when the goods arrive at the port of destination, sometimes the importer. For the bill of lading under the letter of credit, if the letter of credit has the right to specify the bill of lading to be notified, it must be filled out in strict accordance with the requirements of the letter of credit. If it is a registered bill of lading or a bill of lading instructed by the consignee, and the consignee has a detailed address, this column can be omitted. If it is a blank instruction bill of lading or shipper instruction bill of lading, the name and detailed address of the notified party must be filled in this column, otherwise the ship will not be able to contact the consignee, and the consignee will not be able to declare and pick up the goods in time, or even exceed customs regulations The reporting time was confiscated.
(4) The bill of lading number (B/L NO) is usually listed in the upper right corner of the bill of lading to facilitate work contact and verification. When the shipper sends a shipping notice (SHIPMENT ADVICE) to the consignee, the ship's name and bill of lading number should also be listed.
(5) NAME OF VESSEL, the name of the ship on which the cargo is loaded and the number of voyages should be filled in.
(6) PORT OF LOADING, the specific name of the actual port of loading should be filled in.
(7) PORT OF DISCHARGE, fill in the name of the port where the goods are actually discharged. In the case of transshipment, the port of unloading on the first voyage bill of lading should be filled in with the port of transhipment, and the consignee should fill in the second voyage shipping company; the loading port of the second haul bill of lading should be filled in the above transshipment port, and the port of discharge should be filled in as the final destination port. If the voyage company issues a THROUGH B/L, the final port of destination can be filled at the port of unloading. The first and second voyage ship names are listed on the bill of lading. For transshipment via a port, the words "VIA X X" must be displayed. When using container transportation, the "COMBINED TRANSPORT B/L" (COMBINED TRANSPORT B/L) is currently used. In addition to the port of loading and the port of discharge, the bill of lading also specifies the "place of receipt" (PLACE OF RECEIPT). "Place of Delivery" (PLACE OF DELIVERY) and "PRE-CARRIAGE BY" (PRE-CARRIAGE BY), "Ocean Vessel Name and Voyage" (OCEAN VESSEL, VOY NO). Fill in the port of discharge, but also pay attention to the issue of the port of the same name.
(8) The name of the goods (DISCRIPTION OF GOODS), the name of the goods under the letter of credit must be consistent with that specified in the letter of credit.
(9) NUMBER AND KIND OF PACKAGES (NUMBER AND KIND OF PACKAGES) should be filled in according to the actual packaging of the box.
(10) SHIPPING MARKS. If there are provisions in the letter of credit, it must be filled out according to the regulations, otherwise it can be filled out according to the mark on the invoice.
(11) Gross weight, size (GROSS WEIGHT, MEASUREMENT), unless otherwise specified in the credit, the gross weight of the goods is generally listed in kilograms, and the volume of the goods is listed in cubic meters.
(12) Freight and charges (FREIGHT AND CHARGES), generally prepaid (FREIGHT PREPAID) or paid (FREIGHT COLLECT). Such as CIF or CFR export, generally fill in the freight prepaid words, do not miss it, otherwise the consignee will not be able to pick up the goods due to freight issues. Although the situation can be checked, the delay in delivery time will also cause losses. If it is a FOB export, the freight can be marked "Freight Collect" unless the consignee entrusts the consignor to advance the freight.
(13) Issuance, date and number of bills of lading: The bill of lading must be issued by the carrier or captain or their agent, and the identity of the issuer should be clearly indicated. The general expression methods are: CARRIER, CAPTAIN, or "AS AGENT FOR THE CARRIER: XXX", etc. The number of bills of lading is generally issued in accordance with the requirements of the letter of credit. For example, "FULL SET OF" is generally understood as three originals and several copies. After one of the originals has completed the delivery task, the remaining copies will become invalid. The bill of lading is also a necessary document for the settlement of foreign exchange, especially when the documentary credit is used for the settlement of foreign exchange, the bank requires that the documents provided must be consistent, so the date on the bill of lading must be consistent with the final shipment date required by the credit or contract. Prior to the loading period. If the seller estimates that the goods cannot be loaded on the ship before the loading date of the letter of credit, the buyer should be notified as soon as possible to request modification of the letter of credit, and should not use "backdated bill of lading", "advanced bill of lading" and other fraudulent activities to obtain payment.
4. Types of bills of lading
1. Direct bill of lading DIRECT B/L refers to the bill of lading issued by the same ship after the goods are loaded from the port of loading to the port of destination from the port of departure to the port of destination, and directly sailed to the port of unloading without changing the ship.
2. Through bill of lading or transshipment bill of lading THROUGH B/L means that the goods are transported by sea/sea, sea/land or land/sea combined transportation. The carrier issued at the port of loading can be transshipped and transported to the port of destination. The bill of lading for the entire transportation.
3. Multimodal transport bill of lading MT B/L refers to a bill of lading that is applicable to the entire transportation and is signed for the combined transportation of goods by sea, inland water, railway, road, and air.
4. Liner bill of lading LINER B/L liner is a ship that continuously engages in cargo between specified ports on a certain route in accordance with the published timetable. The liner can be divided into two types: regular and irregular schedules.
5. SHIPPED OR BOARD B/L refers to the bill of lading issued by the carrier to the shipper on which the goods have been shipped. ...