The English name of the bill of lading BILL OF LADING is referred to as B / L, which generally refers to the original bill of lading. The bill of lading is marked with the word 'Original', with the carrier's official signature and seal and the date of issue. A sea bill of lading is a receipt of goods issued by the carrier or freight agent in accordance with the consignor ’s requirements, and is issued after the goods are returned to its care to prove that the goods listed on the bill of lading have been received; , Is a document of ownership of goods, on which the holder of the bill of lading can extract the goods; the bill of lading is also the main document for the consignor to settle the payment to the bank.
What is a bill of lading?
The English name of the bill of lading BILL OF LADING is referred to as B / L, which generally refers to the original bill of lading. The bill of lading is marked with the word 'Original', with the carrier's official signature and seal and the date of issue.
A sea bill of lading is a receipt of goods issued by the carrier or freight agent in accordance with the consignor ’s requirements, and is issued after the goods are returned to its care to prove that the goods listed on the bill of lading have been received; , Is a document of ownership of goods, on which the holder of the bill of lading can extract the goods; the bill of lading is also the main document for the consignor to settle the payment to the bank.
The original bill of lading must be signed by hand or signed by the carrier or its shipping agent in a statutory manner. In order to prevent loss or delay in the circulation process and prevent the bank or consignee from receiving the bill of lading in time, the original bill of lading is usually in triplicate, each of which has the same legal effect. The copies automatically expire.
Bill of lading classification, according to different classification standards, bill of lading can be divided into many types
COSCO Shipping Bill of Lading 1. According to whether the cargo is loaded on the ship, it can be divided into 'shipped bill of lading' and 'prepared bill of lading'.
Shipped bill of lading (Shipped B / L, or On Board B / L) refers to the bill of lading issued after the shipping company has loaded the goods on the designated ship;
Received for Shipment B / L (Received for Shipment B / L) is a bill of lading that the shipping company has received the specified goods and is waiting for the goods to be shipped.
2. According to the existence of bad endorsements in the bill of lading: 'clean bill of lading' and 'unclean bill of lading'.
A clean bill of lading (Clean B / L) is a bill of lading that does not endorse the goods damaged or poorly packaged on the bill of lading;
An unclean bill of lading (Unclean B / L or Foul B / L) refers to a bill of lading indicating that the surface condition of the goods is damaged or the packaging is poor. In international trade settlement, banks only accept 'clean bills of lading', that is, the carrier does not endorse the appearance of the goods on the bill of lading.
3. According to whether the bill of lading can be circulated, it is divided according to the written content in the 'consignee' column of the bill of lading: 'registered bill of lading' and 'direct bill of lading'.
A named bill of lading (Straight B / L) indicates the designated consignee on the bill of lading. This bill of lading is not transferable and can only be picked up by the consignee indicated on the bill of lading;
The order bill of lading (Order B / L) is divided into bearer instructions and bearer instructions:
The anonymous bill of lading only fills in 'To order' (by designation) and must be endorsed by the shipper before it can be transferred, also known as 'blank heading'.
Instruct the bill of lading to fill in 'To the order of ...' (by designation), the so-and-so is the specific instructor, and the bill of lading can be transferred after endorsement, usually a trustee bank;
There are two forms of endorsement: one is simply signed by the person who has the right to endorse it, and it is called blank endorsement; In international trade, the 'blank endorsement of bills of lading by instructions' is commonly used as 'blank heading, blank endorsement'.
4. According to the transportation mode: 'direct bill of lading', 'transit bill of lading' and 'intermodal bill of lading'.
Direct bill of lading (Direct B / L) refers to a bill of lading that arrives directly at a designated port without a ship change;
Transit bill of lading (Transhipment B / L) is a freight bill of lading transported by at least two ships during the freight process. That is, the ship at the port of shipment does not arrive at the designated port of delivery and unloads the cargo midway to hand over the bill of lading for another ship to continue transportation;
Through B / L is a two-way or more modes of transport for goods, issued by the first carrier, including the entire waybill that can be picked up at the destination port. The issuer of the intermodal bill of lading is only responsible for the first voyage.
Multimodal bill of lading (MultimodaL Transport B / L or Intermodal Transport B / L) refers to a batch of goods that need to go through more than two different modes of transportation, one of which is the sea transportation mode, a carrier is responsible for the entire transportation and is responsible for transporting the goods Ship from the receiving place to the destination to deliver the consignee, and collect the full bill of lading issued by the freight.
5. According to the complexity and simplicity of the bill of lading: 'full bill of lading' and 'abbreviated bill of lading'.
Long Form B / L, also known as Traditional Bill of Lading, is a bill of lading detailing the respective rights and obligations between the carrier and the shipper on the back of the bill of lading;
The short form bill of lading (Short Form B / L, or Simple B / L) only indicates the basic situation of the goods carried and the bill of lading of the shipper's name, address, consignee and other basic conditions.
6. According to the time of issuance of bill of lading: reverse bill of lading, bill of lading, and expired bill of lading.
The reverse bill of lading (Anti-dated B / L) is the bill of lading dated before the actual shipment date of the cargo after the shipment of the cargo is completed.
Post-date B / L refers to the bill of lading issued by the carrier or its agent at the request of the shipper after the shipment of the goods is completed.
Advanced B / L refers to the case where the goods have not been shipped or the shipment has not been completed, the settlement period (ie the validity period of the letter of credit) stipulated in the letter of credit is about to expire. The cleaned bill of lading issued by the agent or its agent in advance, that is, the cleaned bill of lading borrowed from the carrier in order for the shipper to settle the currency in time.
The role of bills of lading has the following three primary roles
Ocean Bill of Lading
1. The bill of lading is a product receipt confirming that the carrier has received the product and the product has been shipped. With regard to the shipper who delivers the product to the carrier, the bill of lading has the function of a product receipt.
Not only with respect to shipped products, the carrier is obliged to issue bills of lading, and according to the shipper ’s requirements, even if the product has not been shipped, as long as the product is under the carrier ’s control, the carrier has Obligation to ship the bill of lading.
Therefore, once the bill of lading is issued by the carrier, it indicates that the carrier has loaded the product on the ship or confirmed receipt. The bill of lading as a product receipt not only proves the variety, quantity, marking, and appearance of the product received, but also proves the time when the product is received, that is, the time when the product is shipped. Originally, when issuing a bill of lading, as long as it can prove that the product and product have been received, it is not necessarily required that the product has been shipped.
However, shipping the product means that the seller delivers the product to the buyer, so the shipping time also means the seller's delivery time. On-time delivery is a necessary prerequisite for the implementation of the contract. Therefore, it is very important to use the bill of lading to verify the shipment time of the product.
2. The bill of lading is the carrier's guarantee to deliver the product and the transferable property right certificate. With regard to the holder who has just obtained the bill of lading, the bill of lading has the effect of a property right certificate.
The legitimate holder of the bill of lading has the right to withdraw the product in exchange for the bill of lading at the port of destination, and the carrier only has to send out the bill of lading out of good intentions, even if the holder is not the real owner, the carrier is not liable. Moreover, unless specified in the bill of lading, the bill of lading can be transferred to another person without the carrier ’s approval. The transfer of the bill of lading means the transfer of property rights, and the continuous endorsement can be transferred continuously.
The legitimate transferee or bill of lading holder of the bill of lading is the legitimate holder of the product recorded on the bill of lading. The property rights represented by the bill of lading can be transferred with the transfer of the bill of lading, and the rights and obligations specified in the bill of lading are also transferred with the transfer of the bill of lading.
Even if the product is damaged or destroyed during transportation, because the risk of the product has been transferred from the seller to the buyer along with the transfer of the bill of lading, the buyer can only request compensation from the carrier.
3. The bill of lading is a document proving the establishment of a contract for the carriage of marine products. The items printed on the bill of lading stipulate the rights and obligations between the carrier and the shipper. The bill of lading is also a legally recognized basis for handling the transportation of related products, so it is often used by people I thought the bill of lading itself was a contract of carriage.
However, according to strict legal concepts, the bill of lading does not have the fundamental conditions that an economic contract should have: it is not a product of the same expression of the two sides, and the entry of the bill of lading that binds the two sides is drawn up separately by the carrier; it is implemented before, but issued on the Later, long before the issuance of the bill of lading, the carrier began to bear the shipper's tasks of consigning the product and shipping the product related to the product.
Therefore, instead of saying that the bill of lading itself is a contract of carriage, it is more reasonable to say that the bill of lading is only a proof of the contract of carriage. If, before the issuance of the bill of lading, a contract of carriage already exists between the two parties, no matter what the bill of lading entry stipulates, both parties shall agree to act in accordance with the originally signed contract; but if there is no agreement in advance, the shipper did not propose when the bill of lading was accepted In case of any objection, the bill of lading is regarded as the contract itself. Although the shipper did not sign the bill of lading because of the characteristics of maritime transportation, because the bill of lading is different from the ordinary contract, no matter whether the bill of lading holder can sign the bill of lading, the bill of lading entries are binding on them.
Special Note on Ocean Bill of Lading
A set of bills of lading may have more than one original, usually 1-3 originals. Any original can be used as a delivery certificate. Therefore, the buyer should ask the seller for a full set of original bills of lading.
After delivery, the consignor can deliver the bill of lading to the consignee through the bank (document L / C or collection settlement), either directly by post or by person to the consignee.
The consignee should pay attention to the notifying party on the bill of lading. After the goods listed in the bill of lading arrive at the port, the shipping party will notify the notifying party, and then the notifying party will notify the consignee to take the bill of lading to the port to pick up the goods. The delivery time of the delivery person depends on the settlement method you have agreed. If it is an irrevocable letter of credit, after the bill of lading and other negotiation documents are handed over to the bank, the bank can negotiate the payment to the shipper without error. If it is a forward letter of credit or other means of foreign exchange settlement, a detailed analysis is required.
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