Bill of lading
Bill of lading

خانه Bill of lading

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Bill of lading

Bill of lading

“Bill of lading” is securities issued by the transportation company and the specifications of the goods and the name and address of the recipient and sender of the goods and the amount of fare and the details of the number and weight of the goods are stated in it. Issuance of bill of lading is the reason for the existence of a contract of carriage between the sender and the carrier.

The bill of lading proves that the sender has delivered the goods to the carrier. In this case, the bill of lading is the receipt of the goods. After the issuance of the bill of lading, if the carrier has a claim contrary to its contents, it will not be accepted because the issuance of the bill of lading is evidence of the delivery of the goods by the sender with the same quality stated in the bill of lading.

The bill of lading is the reason for ownership.

The syndicated bill of lading is negotiable and can be endorsed and is usually issued to a Kurdish remittance, but can also be issued as a carrier. The bill of lading must be unconditional unless otherwise agreed between the parties.

The date of issue of the bill of lading is very important. A bill of lading that is submitted to the bank after twenty-one days from the date of its issuance is not accepted by the bank.

1. Shipped Bill of Lading (“B / L” Shipping Bill of Lading)

Indicates that the goods have been delivered by the carrier and loaded on the ship. Such a bill of lading has the words “Shipped” or “On Board”.

Receipt for Shipment B / L

Indicates that the goods were received by the carrier for shipment but were not loaded. In practice, banks refuse to accept such a bill of lading unless its validity is accepted in the contract between the buyer and the seller.

In terms of number of vehicles

Direct Bill of Lading

It is used to transport goods from one port to another without changing the ship and sending the goods directly to the recipient.

Combined Bill of Lading

In the case of transporting goods with more than one type of means of transport and under combined or multimodal transport is used. Issuer of this type of bill of lading, ie multimodal transport operator; Responsible for transportation from the time of receipt of the goods until its delivery.

Hint:

Influenced by the combined transportation method, groups called Non Vessel Operating Carrier (NVOC) or Non Vessel Operating Common Carrier (NVOCC) have entered the transportation business. These carriers issue a bill of lading for the carriage of goods by ship or vehicle, which they neither own nor manage, and are mainly engaged in the carriage of goods by container. Because the expansion of the use of containers for the transportation of goods has led to the expansion and facilitation of composite transportation. In container shipping, which today includes most of the activities related to liner shipping, the shipping company is responsible for both ship management and cargo management. That is, it owns both the ship and the containers. With the advent of NVOCCs, the practice has shifted to shipping only for ship management and container and cargo management for NVOCCs.

. Global bill of lading (Through Bill of Lading)

It is like a compound bill of lading, but this type of bill of lading is issued when a link in the transport chain is necessarily maritime.

In terms of the condition of the goods being transported

Clean Bill of Lading

If the bill of lading does not mention the defective goods or its packaging and there is no note attached to it, it is called a clean or undamaged or unconditional bill of lading. Of course, the bill of lading must meet these conditions. Otherwise it loses its value and credibility. Such a bill of lading states: Received in Apparent Good Order and Condition

Claused Bill of Lading

It explicitly states the defect of the product or its packaging. In letters of credit transactions, banks refuse to accept “Claused” invoices.

In terms of type of transportation services

Bill of Lading under Regular Shipping Services (Liner Bill of Lading)

This type of bill of lading is issued for the cargo of ships that have a specific departure schedule and travel certain routes. (Same liner lines)

Bill of Lading under Trump Shipping Services (Charter Party Bill of Lading)

Exported for goods transported by chartered ship. Cargo transportation under this type of bill of lading is subject to the charter (rental) contract. For example, a person rents a ship for a long time, and the person who rents the ship receives the goods to be transported from one, two or more owners. In this case, the first landlord issues a bill of lading to each owner of the goods, rather than setting up a tent party with them. These bill of lading are issued under the charter party. These types of bills of lading are not accepted by banks unless otherwise stipulated.

Other types of bill of lading:

Transshipment Bill of Lading

This type of bill of lading is only for transporting goods by sea and the goods are transferred from one ship to another, in which the origin and destination of the cargo as well as the point of transfer of goods from the first ship to the second ship, etc. are specified.

. Fiata Combined Cargo Bill (FBL)

The International Union of Freight Forwarders has set it up for use by combined transport operators. Fiata bill of lading can also be issued as a sea bill of lading. The Fiata bill of lading contains the logo of the Fiata Organization and the International Chamber of Commerce.

Fiata: International Federation of Forwarder Associations.

Bill of Lading Function (B / L):

Definition:

A bill of lading is a document signed by the carrier or his representative stating that the goods, the type, quantity and conditions of which are specified, have been received for carriage or have been loaded on a ship bound for a specific destination. The bill of lading is the receipt of the goods and indicates the terms and conditions under which the goods are transported.

The bill of lading has several applications as a key document in shipping and transportation. Including:

1) Indicates the contract of carriage (Evidence of contract of carriage)

2) The receipt of goods

3) Document of title to the goods

1- The bill of lading indicates that the goods or cargo have been delivered to the carrier for shipment to the specified destination, and it mentions the criteria according to which the shipment is done in detail or by referring to its reference.

2- Indicates that the carrier has received the cargo

(Carrier must “Deliver what he received as he received it” unless relieved by the excepted perils)

3- Commodity ownership document: It is a document according to which the holder is allowed to receive the cargo from the carrier after the ship reaches its destination. The bill of lading also allows the holder to claim damages under the terms of the contract of carriage in the event of loss or damage to the goods. By law, the ownership of the bill of lading is equal to the ownership of the goods. That is, the owner is known as the owner of the goods.

If the bill of lading is of the “Negotiable” type, that is, it can be traded and transferred, and whoever has it is known as the owner of the goods. If it is “Non-negotiable”, it means it is non-negotiable and transferable to another, and it is usually endorsed and has only one owner whose name is mentioned.

Several Original Bills of Lading:

The usual method is that the bill of lading is issued in three original copies and in the port of destination, it is enough for the recipient of the goods to provide one copy that belongs to him. If the cargo is transferred to a port other than the destination specified in the bill of lading, all three original copies of the bill of lading must be provided.

Bill of lading has not arrived:

Sometimes it happens that the bill of lading does not reach the port of evacuation on time. This is a common problem on short routes, especially on tankers, as petroleum products may be sold several times while on board. In this case, the carrier should never deliver the cargo without presenting the bill of lading.

International conventions on bill of lading:

The Maritime Law Committee of the International Law Association convened in The Hague in September 1921 to adopt bill of lading laws that would unify the rights and obligations of shipowners and owners of goods internationally. The laws agreed upon, after revision, at a diplomatic conference in Brussels on August 25, 1924, entitled “The International Convention on the Integration of Specific Rules on the Bill of Lading”

(The International Convention for the Unification of certain Rules of Law relating to Bills of Lading-Hague Rules-)

Were introduced. This convention was amended on 23 February 1968 in Brussels by the VISBY Protocol, later renamed the Hague-Visby Rules.

Hague’s laws have succeeded in achieving two goals:

Standardize the most important clauses of the bill of lading and correct the imbalance in the division of duties and responsibilities between the shipowner and the owner of the goods regarding the damage to the goods during transport.

Instead of the numerous provisions and clauses that made the shipowner irresponsible for almost any conceivable damage to the goods during transport, the Hague Convention created a division of responsibilities between the ship and the goods. The Hague-Visby Convention changed these conditions slightly in favor of the owner of the goods. But Hague-Visby rules were still in favor of the shipowner, and this imbalance was more pronounced in developing countries.

Following preliminary steps, the UNCTAD Shipping Committee and the United Nations Commission on International Trade Law (UNCITRAL) held a diplomatic conference in Hamburg in 1978 to draft a new convention. The new United Nations Convention on the Carriage of Goods by Sea (Hamburg Rules) entered into force on November 1, 1992, when 20 countries had ratified the Convention. .

There are currently four possible scenarios for bill of lading laws:

Hague Rules
Hague-Visby Rules
Hamburg Rules
None of this!

After all, the only thing that did not happen is the unified rules! In addition, in recent years some countries have adopted new laws that are a combination of Hague-Wisby and Hamburg, leading to a multiplicity of duties and responsibilities. The laws of the People’s Republic of China, Northern European countries (Sweden, Norway, Denmark and Finland), Australia and New Zealand are examples of this combination. The United States has also created its own Carriage of Goods by Sea Act (COGSA), arguably the most extreme law in international transportation law.

Author: persian / Date: 2017-10-26
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