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Ocean Bill of lading category
PAN-GLOBAL LOGISTICS LIMITED   2012-05-22 19:49:46 Author:SystemMaster Source: Font size:[Large][Middle][Small]

According to the different classification criteria, Ocean Bill of lading can be divided into many categories:
  (A) broken down by Bill of lading to the consignee on the rise
  1. Straight Bill of lading (Straight B/L)
  
  A Division also known as the consignee on the rise of Bill of lading Bill of lading, refers to the consignee in the bar on the Bill of lading Bill of lading details consignee name. By the Bill of lading Bill of lading the goods can only be recorded by extracting specific consignee, in the port of discharge or the carrier can only be specified on the Bill of lading the goods to the consignee. If people other than the goods to the carrier Bill of lading specify, even if that person has a bill of lading, the carrier should be responsible for. Representatives of such bills of lading to lose the flow of goods can be transferred, but at the same time you can also avoid possible risks during the transfer process.
  Straight Bill of lading, if the goods delivered are not trade-related obligations under the contract, not by the Bank by mail by the shipper to the consignee, or by the master of the ship. This Bill of lading will be delivered to the consignee without delay. So, straight Bill of lading only applies to transport exhibits, or valuables, particularly in short-distance transport more advantages, but less used in international trade.
  2. Order Bill of lading (Order B/L)
  
  In the front of the Bill of lading "consignee" field to fill in the "instructions" (To order) or "to order of" (Order of sth ) The Bill of lading. This Bill of lading indicated by said person's methods, indicates that the Bill of lading is divided into the shipper indicates that the people of secret instructions on bills of lading, bills of lading and select Bill of lading indicates people. If you only fill in the consignee column in mind "indicating" words, is known as the shipper indicates that the Bill of lading. In this Bill of lading to the shipper before the consignee or assignee is not specified, ownership remains with the seller of goods, under the documentary credit payment, the shipper is to negotiate a bank or consignee to the assignee, negotiating the purchase price through negotiable bills of lading. If the consignee column fill in mind "instruction", it is called to order of XXX, if the consignee column fill in mind "so and so or direction", it is called a select Bill of lading indicates people. To order of XXX or selected indicates that the person named in a bill of lading "x" can either be the name of the Bank or the shipper.
  Indicates that the Bill of lading is a negotiable bill of lading. By endorsement of the Bill of lading holder to transfer it to a third party, without having to go through the carrier approval so this Bill of lading for the buyer are welcome. Secret instructions (instructions of the shipper) and a division of Bill of lading indicates the different bills of lading, person nominated it without Bill of lading endorsement may transfer restrictions, more so its circulation. Indicates that the Bill of lading is used more widely in the international shipping business.
  3. Not straight Bill of lading (Bearer B/L,or Open B/L,or Blank B/L)
  
  Not specified in the Bill of lading the consignee on a bar of any consignee, marked "holder of a bill of lading" (Bearer) or this column blank, Bill of lading does not fill in the name of any person. This Bill of lading endorsement does not require any formalities you can transfer, or take delivery, extremely simple. Carrier cargo should be to the holder of a bill of lading, who holds a bill of lading, who can pick up, delivery of the goods by the carrier only vouchers, not people. This Bill of lading is lost or stolen, the great risk, if when transferred to the hands of bona fide third, easily lead to disputes, and less on the international use of this Bill of lading. In addition, under the provisions of some of the liner, where the bearer of Bill of lading. To the Chief Officer in the copies of the Bill of lading must indicate the port of discharge inform the person's name and address.
  "Maritime Law" Article 79 stipulates: "Straight Bill of Lading: shall not be transferable; indicating bill of lading: transfer of blank endorsement or blank endorsement; Straight Bill of Lading: No endorsement may be transferred." Although the security bill of lading can not be transferred to tradeinconvenience to the parties to deal with not by much. Generally believed that: look from the perspective of international trade can not be endorsing a bill of lading, bill of lading does not have the nature of property rights certificate. The bill of lading without an endorsement may be transferred, the person who holds the bill of lading can require the carrier to the delivery of goods, the parties to the trade is not safe enough, risky, rarely used. Indicates the bill of lading may be transferred by endorsement, to adapt to the normal trade needs, and so is widely used in practice. The endorsement is divided into indorsement (SpeciaL Endorsement) and the blank endorsement (Endorsement in Blank). The former refers to the endorsement (indicating) on the bill of lading the back of the endorser's name, signed by the endorser. The latter refers to the endorsement on the back of the bill of lading does not indicate the name of the endorser. The occasion of the indorsement, the carrier shall deliver the goods to the endorsee. On the contrary, just the goods to the bill of lading holder.

  (Ii) breakdown by goods are shipped
  1. On Board Bill of lading (Shipped B/L,or On Board B/L)
  
  On Board Bill of lading refers to after shipment of the goods or his authorized agent, according to the Chief Officer the receipt issued by the carrier to the shipper a bill of lading. If the carrier on Board Bill of lading, is sure he is loading the goods on board. This Bill of lading contained in addition to General things, usually must also indicate the ship name and date of shipment of the goods, that is, the date of shipment of the goods under the item.
  Because the goods have been received for shipment Bill of lading to the consignee timely protection, so in the contract for the international sale of goods are generally require the seller to provide on Board Bill of lading. According to the International Chamber of Commerce in 1990 to amend the provisions of the General rules for the interpretation of international trade terminology, where the CIF or CFR conditions of contract of sale of goods, the seller shall be provided on Board Bill of lading. Documentary letters of credit as a method of payment in international trade, is ask the seller to provide on Board Bill of lading. International Chamber of Commerce in 1993 revised the documentary letter of credit unification Convention provides that when the Bill of lading as transport documents such as letters of credit requirements, banks will accept a indicates that the goods have been shipped or has been shipped Bill of lading specify the vessel.
  2. Received for shipment Bill of lading (Received for Shipment B/L)
  
  Received for shipment Bill of lading received for shipment Bill of lading, to put the Bill of lading or shipment Bill of lading for short. It is received by the carrier to the shipper for goods but not when loading, the Bill of lading should be issued at the request of the shipper. When issuing such bills of lading stating carrier to confirm that the goods have been handed over to the custody of the carrier State in its warehouses or places under the control of, but have not yet been shipped. So, the Bill of lading which States the shipment and shipment time, under a documentary letter of credit payment, banks generally refuse to accept such bills of lading. But when a shipment, the carrier noted on this Bill of lading shipments and shipment date and after the sign, for shipment Bill of lading shall be on Board Bill of lading. Similarly, can also be used for shipment Bill of lading the shipper to the carrier for shipment Bill of lading. 74th in the maritime law has clear provisions on this.
 The shipment bill of lading in the late 19th century, first appeared in the United States, its advantages: on the shipper, he can after the custody of the carrier of the goods to the period prior to shipment from the carrier as soon as possible to obtain a negotiable bill of lading, so that it funds to accelerate the transaction process. For the carrier is, conducive to solicit business, broaden sources. This bill of lading at the same time there are some defects, for shipment bill of lading date of shipment, it is likely due to arrive in a timely manner leaving shippers losses; the other hand, waiting for shipment, not sure of loading vessel name, resulting in arrest of the bill of lading holder in the event of default of the carrier is difficult to apply to the court; third, the shipment bill of lading is issued, and shipment of the goods damage, poor who will bear the bill of lading applicable laws and bills of lading terms themselves are usually not clearly defined in practice due to liability disputes difficult to resolve. For these reasons, the practice of trade, the buyer generally reluctant to accept such a bill of lading.
  With the development of container transport, the carrier in inland shipping more and more, the Terminal cannot be issued on Board Bill of lading, cargo loading containers without special conditions and general quality of the goods is not affected. Port after the cargo is received, issued to the shipper "receipt" shipper "receipt" to the sea carrier in exchange for "for shipment Bill of lading", here for shipment Bill of lading is essentially "received for shipment Bill of lading". As in container transportation, carrier's period of responsibility has been extended at both ends, so under the United Nations Convention on international multimodal transport of goods, and the documentary letter of credit unification Convention provides, in container transport in the Bank handling foreign exchange payment is acceptable in this Bill of lading.
  In China Sea commercial law under 74th section provides: "goods shipment Qian, carrier has should shipping people of requirements issued received cargo to games bills of lading or other single card of, goods shipment finished, shipping people can will received cargo to games bills of lading or other single card returned carrier, to for has shipment bills of lading, carrier also can in received cargo to games bills of lading Shang raise carrier ship of ship name and shipment date, raise Hou of received cargo to games bills of lading considered has shipment bills of lading. ”
  We can see that from the liability of the carrier, container "received for shipment Bill of lading" and "on Board Bill of lading" is the same. Because responsibility for cargo from port during begin receipt of, and non-containerized goods from the start when loading different. Documentary letter of credit practice now allows accepting container "receipt for shipment" bills of lading. But in the letter of credit in international trade is still often provides Bill of lading must be "on Board Bill of lading", issuing reassuring.


  (C) the Division has no comment on the Bill of lading
  1. Clean bill of lading (Clean B/L)
  
  At the time of shipment, In apparent good order and condition of the goods, the carrier at the time of issuing bills of lading, is not on the Bill of lading endorsement of any goods damaged, poor packaging, number of pieces, weight and volume, Bill of lading or other prejudice to the settlement of comments referred to as clean bill of lading.
  Using a clean bill of lading is important in the practice of international trade, buyer is needed to receive the goods, you must first require the seller at the time of shipment to keep the goods will look good, and to require the seller to provide clean bill of lading. According to the International Chamber of Commerce of the documentary letter of credit unification Convention article 34th: "clean transport document, refers to the shipping documents and no clear statement on additional provisions for goods and/or defective condition of packing or comment; banks or comment on such additional provisions of the transport document, unless expressly provided letters of credit accepted outside, when you refused to accept. "Visible to documentary letters of credit for payment of trade, usually the seller only to submit clean bill of lading to obtain loans from the Bank. Clean bill of lading is the consignee of negotiable bills of lading required conditions, is also a necessary condition for fulfilling delivery obligations under the sale of goods contracts.
  76th of the maritime law States: "persons issued by the carrier or on behalf of a bill of lading is endorsed on the Bill of lading the goods condition, regarded as goods in good condition. ”
  Thus, once the clean bill of lading is issued by the carrier, after removing the cargo in the port of discharge, if there is damage, unless it means due to the exemption of the carrier, the carrier must pay for.
  2. Unclean Bill of lading (Unclean B/L or Foul B/L)
  
  In the time of shipment, the carrier found the packaging of goods is not strong, broken remnant, leakage, soiling, signs unclear phenomenon, the first mate in the goods receipt of this to comment, and this annotation is transferred to the bill of ladingthis bill of lading as unclean, the China Maritime Law Article 75 stipulates: "carrier or on behalf of the person issuing the bill of lading, he knows or has reasonable grounds for suspecting recorded names of commodities, signs, number of packages ornumber of pieces, weight or volume of the goods actually received does not match the suspected shipment of goods in the issuance of a board bill of lading does not match, or no reasonable means of checking the bill of lading records can be endorsed on the bill of lading, indicating that the discrepancies, or the lack of doubt check. "
Practice of the carrier to accept goods if the goods are apparent condition of the poor, and generally will be made ??in the mate receipt records, and issue bills of lading, then this record is transferred to the bill of lading. In the international trade practice, banks refuse to exporters for settlement unclean. To this end, the shipper should damage or apparent condition of the defective goods repaired or replaced. The workaround customary guarantees, issued by the shipper to the carrier not to bad mate receipt of the goods made ??by the apparent condition of the endorsement approved the bill of lading, issued a clean bill of lading according to the letter of guarantee, so that exporters can successful completion of the settlement. However, the endorsement on the mate receipt is transferred the bill of lading, the carrier, the carrier may bear the liability of the consignee, the carrier loss, compensation should be the shipper. The shipper compensation, recourse to the shipper, often difficult to obtain the protection of the law, take a lot of risk. The rights and obligations between the carrier and the consignee is the bill of lading provisions, rather than guarantee the guarantee. Therefore, the carrier can not with guarantees exclusions, guarantees, the consignee is not valid, if the Order of the care of both practices damage the interests of the third party consignee, the basic principle of good faith in violation of the civil activities. easy to constitute collusion with the shipper, consignee fraud.
  As guarantee for Bill of lading practice can sometimes play a role in alternative, it is in practice difficult to completely reject, China's Supreme People's Court on whether the letter have the force of law in the official reply of the pointed out: "the shipper for carriage of goods by sea in exchange for guarantees issued by the clean bill of lading to the carrier, the consignee is not binding. Regardless of the guarantee contract, do not affect the consignee or the shipper to the carrier claims; on the shipper and the carrier in good faith and accepted guarantees issued by a party to the other party, shall fulfil the obligations of both sides. "Carrier after receiving guarantees where the should be aware of their status, must not be taken lightly ...


  (D) according to the different modes of Transport Division
  1. Through Bill of lading (Direct B/L)
  
  Through Bill of lading, also known as direct shipment Bill of lading refers to after loading cargo from the port of loading, without transhipment in the Middle, direct transport to the port of destination ship unloader and the consignee of bills of lading. On a through Bill of lading no "to ship" or "go in a Hong Kong ship" comments. To prohibit transshipment in the credit, you must use the through Bill of lading. If the terms printed on the back of Bill of lading and the carrier is entitled to transfer the ship "freedom to ship" clause, it does not affect the nature of the Bill of lading direct b/l.
  Using direct access to the Bill of lading, by the same ship straight port of destination of the goods, is much more favorable to buyer than to ship in the Middle, which can save costs, reduce risk, and can save you time, arrive as soon as possible. Therefore, usually the buyer only agreed to go when they have direct shipping boats. Trade practice, as stipulated in the credit prohibited transhipment, the purchaser must obtain a through Bill of lading to Exchange.
  2. Transhipment bills of lading (Transhipment B/L)
  
  Transshipment is a cargo ship does not proceed directly to the loading from the FOB port destination port, needs in transit ports switched to other ships in the middle to a port of discharge, carrier that bills of lading called transshipment. On the Bill of lading marked "transit" or "so and so Hong Kong to ship", transferred marine bills of lading are often issued by the first ship of the carrier. Due to cargo transshipment in the Middle, has increased transhipment costs and risks, and impact the arrival time, so the General credit provisions are not allowed to ship, but less to ship or not to ship port, the buyer also had to agree to ship.
  In accordance with the rules of the Hague, where the ship is not


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