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How to remedy the lost bill of lading?

by:VIPUTRANS     2021-03-12
The shipping documents are lost in express delivery, which often results in the consignee’s failure to pick up the goods with the original bill of lading at the port of destination. In practice, the consignee usually picks up the goods with a copy of the bill of lading; or the carrier signs a set of new bills of lading for the supplier to pick up the goods and Use of foreign exchange settlement, or the exporter’s authorized carrier telex; but in the above three cases, the carrier usually requires the cargo party to provide reliable guarantee; at present, the shipping company often requires the exporter and its bank to provide a joint guarantee. The guarantee period is one The year ranges from three years to six years. A guarantee issued by a bank generally requires exporters to pay a deposit. If the amount is huge, the huge amount of money will be held for three to six years, which will put great pressure on the exporter; if the bill of lading is obtained in good faith by a third party, the exporter will face both money and money. Empty ending. The bill of lading may be lost in the delivery process in several situations:   (1) Lost under the control of the exporter;   (2) After the exporter sends the documents to the issuing bank, they are lost at the issuing bank;   (3) The issuing bank delivers the documents Lost after being handed over to the courier company;   (4) Lost after being delivered by the courier company to the negotiating bank;   (5) Lost after being delivered to the consignee by the negotiating bank. In the two cases (1) and (5), the exporter and importer shall be responsible respectively; in the two cases (2) and (4), the issuing bank or negotiating bank shall be responsible; The problem is that loss often occurs in the (3) situation. According to the current effective postal regulations, the postal department only bears very limited liability.   Interpreted according to the 2000 International Trade Term Interpretation General Rules. Under the conditions of CIF, CFR and FOB, the seller must provide the buyer with the transport documents without delay at his own expense. Based on this inference, the risk of loss of documents should generally be borne by the seller.  In order to ensure its own rights and interests, the carrier requires the consignee to guarantee the delivery of the goods without the original bill of lading; and requires the bank to provide a guarantee. If considering the stagnation of funds, the following measures can be taken to solve the problem:    (1) Inform relevant shipping companies and their agents in time. In this case, the shipping company and its agents are obliged to handle the goods carefully. They can no longer release the goods only on the basis of the holder of the bill of lading holding the original bill of lading. Instead, the consignor should be required to provide sufficient evidence to prove that it was in good faith to obtain the bill of lading. of. For example, is the endorsement continuous? Meet the requirements? Has reasonable consideration been paid? The carrier can also deposit the goods under the bill of lading through legal procedures, and release the responsibility for the goods.   (2) Apply to the court for public notice in time. One can ensure that the rights and interests under the bill of lading are not infringed; the other can solve the problem of long-term stagnation of margin. Because once the court decides to accept the public notice, the transfer of the right to the bill during that period is invalid. The legal cost of the public notice procedure is lower, and the attorney fee is also lower. Foreign countries should also have such a procedure. After the expiration of the notice period (usually 60 days), the court can apply for an ex-rights judgment. (3) Generally speaking, the loss of documents should not affect the port pressure, because the consignee is obliged to receive the goods and cannot refuse to discharge the goods accordingly; the carrier also cannot refuse to discharge the goods on the grounds that the consignee does not have the original bill of lading, despite its rights Refuse to release the goods.   (4) What kind of responsibility the postal express company should bear? The current laws and regulations give it almost exemption treatment; whether the loss can be passed on by insuring the postal express risk insurance, the current insurance company seems to have not carried out this insurance.   (5) As long as the bank guarantees is issued with a specific and comprehensive wording, there is generally no risk. Involving large guarantees, it is best to ask a legal adviser to check them out, because in practice there are indeed many precedents of invalid bank guarantees.
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