The BILL OF LADING (B/L) represents the goods and must be understood adequately.
Basic knowledge and points to note
B/L is usually made in 3 originals and 3 copies, but also in 2 originals and 3 copies. If the letter of credit requires it, it should be specified with the forwarder.
When T/T payment method, theoretically only one original can be needed (other original will automatically become invalid after taking delivery, and the copy cannot be taken delivery). After T/T receives all the payment, one original can be considered to be reserved for yourself when sending the original to the customer, and the rest can be sent to the customer (in order to avoid the bill of lading lost on the way of sending).
2. The carrier (full name) should be shown on the front of the bill of lading. This is what I know. In fact, when I was making the letter of credit, the bank told me that the bill of lading did not show the carrier, but it was still safe to deliver the documents and collect the payment (so theoretically it should be shown).
The carrier is directly stamped and signed by the carrier in the lower right corner.
Where the carrier is not shown on the front and the bill of lading is signed by the carrier, the identity of the signatory shall be indicated when the bill of lading is signed.
A bill of lading bearing the full name of the carrier on the front but signed by the carrier shall be signed with the carrier's identity indicated.
3. On Board Bill of Lading and standby on board Bill of Lading:
On board bill of lading: A bill of lading issued after the goods have been loaded on board.
Standby on board bill of lading: a bill of lading issued when the goods have not been loaded on board on behalf of the carrier to take over the goods delivered by the shipper and therefore cannot prove the date of shipment (the date of standby on board bill of lading is not the date of shipment).
A standby on board bill of lading shall not be converted to an on board bill of lading until it is stamped "on board" and indicated with the date of shipment.
Bill of lading must not have dirty notation.
5. The consignee and notifiers of the bill of lading must be specified in strict accordance with the credit.
6. Issue, date and number of copies of bill of lading: The bill of lading must be issued by the carrier or master or their agent and must clearly identify the issuer. THE value can be CARRIER, CAPTAIN, or AS AGENT FOR THE CARRIER: XXX.
7. If the name of the shipping company (carrier) is printed on the bill of lading, usually the forwarders will print on it as agent for the carrier. If the name of the shipping company is not printed on the bill of lading, it should have the seal and signature of the shipping company. (Your bill of lading should be the shipping company bill of lading signed by the carrier.)
8. Discrepancy between credit and bill of lading: Carrier not shown on bill of lading. Looking it up, the official explanation went like this: According to the uniform customs and practice for documentary letter of credit, paragraph 1 of article 23, ocean bills of lading must indicate the name of the carrier at the surface, and by the carrier or as agent of the carrier or on behalf of signed or confirmed in other ways, or by the master or a named agent for or on behalf of the captain as signed or confirmed in other ways.
FREIGHT FORWARDER B/L refers to a bill of lading issued by a FREIGHT FORWARDER that is engaged in international cargo transportation but does not own a ship. ORIGINAL BILL OF LADING
L/C payment conditions of each document production time sequence
Contract --> letter of credit --> Invoice (the date of invoice should be earlier than the date of presentation and validity of the letter of credit, the date of commercial invoice should not be earlier than the date of opening of the letter of credit, and the date of invoice should be at the first of all documents) --> Certificate of origin (the date of certificate of origin should be the same as the date on the invoice made by yourself. Application for certificate of Origin can be made on or after the invoice is made, Issue also is equal to or later than the date of the invoice date), commodity inspection, insurance policy, packing list, export license, and other inspection certificate - > shipping company certificate (if required) -- -- -- -- - > > the bill of lading, bill of exchange (draft (s) to be earlier than the l/c delivery date and validity of a single day) and beneficiary's certificate (or beneficiary's certificate stating that the l/c no Shipping advice (equal to or less than three days after the date of bill of lading). All documents required to be presented are dated earlier than the day of delivery.
The above time sequence is basically consistent with the whole foreign trade process, after a complete single to clear the details of the whole process.
Classification of the bill of lading
Bill of lading in foreign trade, a document issued to the consignor by the transportation department when carrying goods. The consignee shall take delivery of the goods to the transport department at the destination of the goods by the bill of lading, which shall become effective after being signed by the carrier or the ship. It is one of the valid documents for maritime cargo declaration to the customs. Below xiaobian to give you the list of nine categories, specific as follows:
1, according to the bill of lading consignee's title points
① Straight B/L: Refers to the bill of lading in which the name of a specific person or company is specified in the box of "Consignee" on the Straight B/L. The goods are delivered when the nominated consignee surrendering one original bill of lading to the carrier or his agent. Although a straight bill of lading is a document of entitlement, it is not negotiable. In China, straight bill of lading is not transferable.
Straight bill of lading is not widely used in international maritime trade, generally only in the delivery of personal items, exhibits. (The consignee of the first TT is directly the name of the customer, not aware of the potential danger: never do straight bill of lading without payment guarantee.)
In many countries, the consignee of straight bill of lading can take delivery of goods without the bill of lading, so the bill of lading has actually lost the control of the right of goods. Just like an air waybill, the consignee can pick up the goods with proof of identity. Even in the case of l/C settlement, the issuing bank is not willing TO accept straight bill of lading, so the general l/C is stipulated as: TO ORDER such blank bl, so as TO control and control the right of goods.
Therefore, we should not only remember the non-transferable characteristics of straight bill of lading, but also remember that "the consignee of straight bill of lading can take delivery of goods without the bill of lading, so the bill of lading has actually lost the role of the right of goods." This is the most important point! The concept must remember comprehensive, will not bring mistakes and losses to the work. So, if receive 30% payment for goods only, and it is hind T/T 70% collect money way, make it appoint consignee bill of lading, namely the word of straight bill of lading, once customer credit is bad do not pay, will encounter likely the situation of two empty money, goods. Of course, if there is confidence in the customer and collection assurance, it is another matter.
② Bearer B/L (or Open B/L, or Blank B/L) : that is, the name of consignee is not specified in the bill of lading. This bill of lading is negotiable without endorsement and the carrier will release the goods against this bill of lading. Bearer bill of lading is not listed on the name of the consignee, who holds the bill of lading, who can be based on the bill of lading to the carrier to pick up the goods, the carrier delivery is voucher not by the person. The bill of lading reads "To the order" in the box of consignee. Any holder of the bill of lading is entitled to take delivery of the goods. A bill of lading is a bill of lading delivered to whoever is the holder of the bill of lading. If the bill of lading 1. Expressly states that it is a bearer bill of lading; 2. It refers to the consignee as anonymous; 3. It acts as an order bill of lading but fails to show under whose order; It is an order bill of lading endorsed in blank. A bearer bill of lading is negotiable without endorsement.
③ Order B/L: a bill of lading in which the goods are delivered according to the Order of the person specified in the bill of lading. B/L is usually used in international trade at present. A bill of lading with the words "to Order" or "to the Order of" in the box of consignee. The former is called the blank order bill of lading, the carrier should deliver the goods according to the order of the shipper; The latter is called order bill of lading, in which the carrier delivers the goods to order of order.
1. According to bank instructions. That is, fill in "to the order of XX Bank" in the box of consignee of bill of lading.
2, according to the instruction of the consignee. To the order of A.B.C. Co. Ltd.
3. According to the instruction of the consignor. The shipper shall endorse to the order of shipper on the back of the bill of lading in blank. Such bill of lading may also be made out to order endorsed under the credit. The collector may not endorse the goods, in which case only the shipper may take delivery and the seller retains title to the goods.
The so-called release of goods without a bill of lading means that the carrier has not delivered the goods with the original bill of lading.
At present, for the instruction bill of lading and bearer bill of lading, the carrier must release the goods with the original bill of lading, the carrier does not release the goods with the original bill of lading, no matter which party the goods are released to, the legal holder of the original bill of lading can investigate the liability for breach of contract to the carrier for releasing the goods without the document. This point is unified in China's maritime judicial practice. But in the case of a straight bill of lading, if the carrier fails to deliver the goods to a straight person against the original bill of lading, can the legitimate holder of the straight bill of lading claim liability against the carrier for breach of contract? At present, there is a negative tendency in both theory and practice.
To sum up, the domestic owners should be fully aware of the danger of straight bill of lading, to the trade buyer's request to issue a straight bill of lading with its consignee can not arbitrarily allow, in order to ensure that in the case of the letter of credit and other means of exchange settlement is blocked, the carrier without the release of goods to investigate its liability for breach of contract.
2. According to whether the goods have been shipped
Shipped B/L (or On Board B/L) Is a bill of lading issued to the shipper by the carrier or his authorized agent On the basis of the mate's receipt after the goods have been Shipped On Board. If the carrier issues an on board bill of lading, it confirms that he has put the goods on board.
② Received for Shipment B/L: it is a bill of lading issued by the carrier at the request of the shipper when the carrier has Received the goods delivered by the shipper but has not yet loaded the goods.
3. According to whether there are annotations on the bill of lading
(1) Clean B/L: a bill of lading which refers to a bill of lading in which the goods, when loaded on board, appear to be in good order and in good condition, without any indication by the carrier that the goods are damaged, badly packed or otherwise obstructing the settlement of foreign exchange.
Unclean B/L or Foul B/L: Unclean B/L refers to a bill of lading on which the carrier has marked the goods and packaging on its property on Unclean B/L or Foul B/L with comments on Unclean B/L or Foul B/L, such as water dampness, oil stain, dirt, or rust.
4. According to different modes of transportation
(1) Direct B/L: refers to the goods from the loading port after loading, without changing the ship directly to the port of discharge discharge bill of lading issued.
② Transhipment B/L: it refers to the through bill of lading issued by the carrier at the port of shipment for the goods to arrive at the port of destination after transshipment.
(3) Through B/L: refers to the goods that must be transported by two or more modes of transport (land, sea, sea, air, sea, etc.), by the first carrier (the carrier of the first way of transport) after collecting the full freight, issued at the place of departure to the destination of the bill of lading. A through bill of lading is of the same nature as a transshipment bill of lading, although it covers the whole carriage, but the carrier of the whole journey is liable only for the damage of the goods incurred during the part of the voyage in which he has carried the bill of lading.
(4) MultimodaL Transport B/L (MultimodaL Transport B/L or Intermodal Transport B/L) : refers to the goods by sea, inland river, railway, road, air and other two or more modes of Transport combined transportation and signed for the entire transportation bill of lading.
5. According to the simplicity of the contents of the bill of lading
(1) Long Form B/L: compared with short Form B/L, it refers to the bill of lading with the details of the rights and obligations between the carrier and the shipper and the consignee listed on the back. Because the terms are various, so also known as "complex bill of lading".
(2) Short Form bill of lading (Short Form B/L, or Simple B/L) : also called Short Form bill of lading, slightly Form bill of lading, is relatively Yu Quanshi bill of lading, refers to the back of the bill of lading no about the rights and obligations between the carrier and the shipper and consignee detailed terms and conditions of the bill of lading.
6. According to the time when the bill of lading was issued
(1) Anti-dated B/L: the bill of lading issued by the carrier, at the request of the shipper, after the goods have been loaded on board, with a date earlier than the actual date of completion of loading.
(2) Post-date B/L: refers to the goods after shipment. At the request of the consignor, the carrier or the ship's agent shall regard the date of issue of the bill of lading as a date later than the actual date of completion of loading of the goods.
(3) advance the bill of lading (Advanced B/L) : refers to the time of shipment and L/c due to/p settlement period has come, for the owner failed to ready the goods have been shipped or has not been completed, or due to the reason of shipping company ship the shipment to the port of shipment, at the request of the shipper and the carrier or its agent on board B/L issued in advance. All liability arising from the advance bill of lading shall be borne by the issuer.
④ Stale B/L: It means that the exporter fails to arrive at the bank in time after obtaining the B/L, or fails to negotiate the B/L after the deadline set by the bank, and thus forms a Stale B/L, which is also known as demurrer B/L in custom.
7. Divide by charging method
(1) Freight Prepaid B/L: CIF, CFR terms of transaction price, Freight Prepaid, according to the provisions of the goods shipped, must be Prepaid Freight. B/L issued with freight prepaid
(2) Freight to Collect B/L: refers to the bill of lading that indicates the freight paid by the consignee at the port of destination, and the bill of lading marked freight to Collect, otherwise can not be against the consignee.
③ Minimum B/L: refers to the bill of lading issued on the goods on each bill of lading according to the Minimum standard of charges for freight.
8, according to the different bill of lading issued
(1) Bill of lading issued by the shipping company: usually issued for FCL
(2) NVOCC B/L: the bill of lading issued by freight forwarders or logistics companies to their own as the carrier, and the shipper signed the contract of carriage of goods and issued.
9. Special bill of lading
Omnibus B/L: a bill of lading which, at the request of the shipper, combines different types of goods on the same bill of lading.
Combined B/L: Combined B/L means two or more consignments of liquid bulk cargo of the same variety, quality, port of loading and port of discharge, but belonging to different consignees, in the same liquid cargo hold, issued by each consignor for each consignment and stamped with 'Terms of Combined B/L'.
Bill of Lading (Separate B/L) : a bill of lading issued separately for the subdivision of the same lot on the loading list into two or more lots.
(4) Switch B/L: refers to another set of bills of lading issued in exchange for the original bill of lading. Under the condition of direct carriage, the carrier undertakes, at the request of the shipper, to issue at an agreed midway port another set of bills of lading issued at the port of departure to that midway port as the port of departure.
⑤ On Deck B/L: also known as On Deck B/L. This means a bill of lading marked "On Deck" when the goods are shipped On an open Deck.
Parcel Receipt B/L: A bill of lading issued for goods consigned in the form of Parcel. This is a bill of lading set by the carrier according to the special needs of trade, and the weight shall not exceed 45kg.
Container B/L refers to the bill of lading issued for the shipment of containers. The bill of lading issued to the shipper by the operator or his agent after the receipt of the container cargo.
Form of Bill of Lading
1. Telex release: The original telex release Guarantee must be provided.
The letter of guarantee is to issue a statement to say what to put to your customer, and then stamp the official seal below, and pass it to the freight forwarder. The rest is not to worry about. (of course, the premise of telex release is safe collection! Generally, the telex release is only after the TT receives the money), the BILL of lading is confirmed and the shipment is made. The copy of the bill of lading is sent back by the forwarder and then passed to the customer.
2. Separate order: 3-4 days after the ship sails (when the customer orders the same container with us and other factories, for the sake of convenience and safety, the bill of lading can be sent to the customer respectively).
3. Parallel order: same as above
4. Different place release: the shipping company must agree.
1. Door to door: it is to book the space with the forwarder, make an appointment, and then the forwarder will send a team to your factory, or the designated place to load, and then return to the port.
2. Inner loading: refers to the factory directly sends the goods to the forwarder's warehouse, and then they help you to pull into the port area, the consignor has no right to directly send the goods into the port area.
Why do foreign merchants sometimes take delivery of goods without bill of lading?
As we know, the bill of lading should theoretically be the "document of title", that is, who "legally obtains" the bill of lading, who is equal to get the goods.
The BILL of lading is composed of four parties: Shipper, Shipper, Consignee, Notify Party. The "Consignee" determines the attribution of the goods.
"Consignee" is usually completed in two ways:
TO ORDER or TO ORDER OF... ", namely the consignee is who has not yet decided, this bill of lading can through endorsement (the original holder in the back of the bill of lading to sign, said the transfer) free transfer, more valuable ----- because who "legal" get the bill of lading, the goods is who. Such a bill of lading is called "bearer bill of lading". In the operation of bearer bill of lading, foreign businessmen can not get the original bill of lading has no right to take delivery of goods (unless the freight forwarder and shipping company disorderly, illegal release of goods without a single), very safe, recommend everyone to use. Such a bill of lading is usually required by the bank under a letter of credit.
The other is the straight bill of lading, namely "Consignee", which specifically indicates the company address of the Consignee (usually a foreign merchant). Only this company can take delivery of the goods. Because of the specific provisions of the consignee, so others even get the bill of lading is useless, this bill of lading can not be transferred. On the other hand, because of the dead cargo, only he can take delivery, so some countries will recognize the consignee even if there is no original, as long as the identity of their own, can take delivery.
This is why we encountered in the business of foreign businessmen did not get the original bill of lading can also pick up the goods.
In this case, delivering the goods to the forwarder and issuing a straight bill of lading is almost equivalent to delivering the goods directly to the foreign merchant. If the payment is not recovered at this time, there is a certain risk, payment or not depends on the foreign merchants consciously. Straight bill of lading also lost the effect of "document of title".
2, which countries can take delivery without the original bill of lading?
Not all countries can take delivery without original bill of lading.
At present, there are two mainstream legal systems in the world, the Common law system and the civil law system. Among them, only the Anglo-American law system used to think that straight bill of lading is not a document of title. Therefore, it is easy to take delivery of goods privately under straight bill of lading in countries of Common law system.
The common law countries include:
The United States, Canada, Britain, Australia, Hong Kong, New Zealand, India, Pakistan, Bangladesh, Malaysia, Singapore, brunei, the Bahamas, Botswana, Cameroon, Cyprus, Fiji, grenada, Gambia, Ghana, Guyana, Jamaica, Kenya, Kiribati, lesotho, maldives, Malta, Mauritius, mozambique, na Mibia, Nauru, Nigeria, Seychelles, Sierra Leone, South Africa, Sri Lanka, Swaziland, Tanzania, Tonga, Trinidad and Tobago, Tuvalu, Uganda and so on.
When having misgivings, everyone can check on the net whether this foreign business belongs to country of common law system.
However, even in the countries of common law system (including the United Kingdom), there have been some cases in recent years that the straight bill of lading is also a document of title. In the Common law system, the case is the law, which can be regarded as a turning point. Nonetheless, we should be cautious, after all, prevention is the priority, once the accident, even if the lawsuit won, for the vast majority of small and medium-sized export enterprises are not worth the loss. What's more, it is not certain to win the fight, the veteran foreign businessmen are easy to turn the lawsuit into a commercial dispute, wrangling for several years.
Therefore, for foreign businessmen who are not familiar with it, especially D/P buyers, it is better to use straight b/L carefully. In fact, it will not bring too much inconvenience to the foreign businessmen in the serious business operation.
3. Are forwarder b/L and shipowner B/L the same thing?
In practice, we will encounter two types of bill of lading: owner bill of lading and forwarder bill of lading. Shipowner is the freight company that has its own ocean cargo ship. An ocean-going freighter is expensive, and the company that owns its own ocean-going fleet is of course strong. In a sense, such companies are also better because they are in long-term business, they are more reputationist, they are not self-destructing for a small profit, and they are relatively formal in operation. Another kind of freight company is freight forwarder, referred to as freight forwarder. The freight forwarder himself has no ship, in a sense the nature is similar to the ordinary trading company. After they solicit the goods, they take them together to the shipowner to book space. Let's consider the difference and relationship between shipowner and freight forwarder as wholesaler and retailer, commodity is ocean cargo ship "space". The shipowner sells shipping space wholesale to the forwarder, and the forwarder sells shipping space retail to us.
It is not difficult to imagine that although the shipowner is safe, but after all, it is hard to avoid "big pressure on customers" some, in the flexibility and hospitality of the service is often less than the freight forwarder. There are a large number of freight forwarders and they are widely distributed. It is very convenient for them to communicate with us in foreign trade and they are willing to cooperate with us in our operation, especially in the special operation like "backdated bill of lading" mentioned above. Therefore, it is more common for us to deal with freight forwarders in practical work.
On the surface, the effect of the owner's bill of lading and the forwarder's bill of lading is similar, we sell the original bill of lading to the foreign merchant, who can take the goods with the bill of lading. In fact, there is a difference. Above all, the bill of lading itself is a kind of "transport contract", the freight person opens the bill of lading to us, was equal to signed a contract of carriage. The owner's bill of lading is the contract between us and the owner, and the forwarder's bill of lading is not. We give the goods to the forwarder, and the forwarder then gives the shipowner. There is a shipping agreement between the forwarder and the shipowner, and the shipowner is only responsible for the forwarder but not for our shipowner. Because under the operation of the forwarder's bill of lading, the forwarder is the "shipowner" for the shipowner. .
Therefore, with the owner of the bill of lading, to the destination port can directly pick up the goods; And the forwarder bill of lading is not good, need to take the forwarder bill of lading to the port agent there "change", that is, according to the forwarder bill of lading out of the delivery notice, and then to pick up the goods. Of course, for our shipper, this is more than a formality on the surface, do not affect the delivery of goods, not what risk. On the contrary, we can use this to better control property rights. , for example, let's give the forwarder bill of lading to customer later, suddenly found fraud, the customer may not give money, then we can ask forwarder to help, inform the port of destination agent "buckle" goods, let foreign even with forwarder bill of lading also temporarily not the arrival of the goods, give us some precious time (without formal reasons, the port of destination is inconvenience to buckle goods, can only be delayed for several days, In foreign trade disputes, however, the delay is very good for exporters.
In short, when we hold the shipping company responsible for the unfortunate accident of the cargo itself, it is clear that the powerful shipowner is more capable of taking responsibility than the ordinary freight forwarder. In ordinary times, the forwarder can cooperate with us more than the shipowner. In terms of flexible handling of bills of lading and prevention of commercial fraud, the help of the forwarder is very important. In addition, the freight forwarder's transportation price is also very advantageous, often discount.
Operation difference between MBL and HBL: MBL is the bill of lading of the shipping company; HBL is the forwarder's bill of lading.
1. The SHIPPER will send the shipping slip to the FORWARDER, indicating FCL or LCL.
2. The FORWARDER will book space with the shipping company and the ship will be ON BOARD. The shipping company issues MBL to the FORWARDER. The SHIPPER of MBL is the FORWARDER of the port of departure, while CNEE is usually the branch or agent of the destination port of the FORWARDER.
3. FOWARDER signs HBL to SHIPPER. The SHIPPER of HBL is the true SHIPPER. CNEE usually do letter of credit is TO ORDER.
例 句 : To carry the goods to the port of destination after the ship leaves.
5. FORWARDER will send MBL to the branch of destination port through DHL/UPS/TNT, etc. (INCLUDING: CUSTOM CLEARANCE DOCS)
6. After the SHIPPER gets the bill of lading, it shall present the documents to the domestic negotiating bank and settle the exchange within the delivery period. If do T/TSHPPER directly send documents to foreign guests.
The negotiating bank shall settle the full set of documents with the issuing bank.
8. CNEE pays the issuing bank for the redemption.
9. The FORWARDER takes MBL to the shipping company to exchange the documents to pick up the goods and clear the customs.
10. CNEE picks up the goods with HBL to the FORWARDER.