1. divided according to whether the shipment of the goods
(1) bill of lading (on board B / L or shipped B / L)
Refers to the entire consignment has been fully loaded into the cabin or mounted on the deck after deck of the carrier bill of lading was issued. Bill of lading to the buyer with delivery basis, in order to ensure the delivery destination, generally require the seller to provide a bill of lading to prove that goods have been shipped. At the same time, using the bill of lading for the division of responsibilities is beneficial to both buyers and sellers, specifically, in the FOB, CIF, CFR price conditions, the carrier shipment "hook to hook" responsibility starting point if the loading process the carrier found the problem, you can add a group to modify Note shipper of goods declared content on the bill of lading only if the surface condition of the goods declaration is consistent with the shipper, the carrier had just marked "shipped" textual, and therefore " board "is a sign of the seller under the contract delivery. After shipment, the carrier of the goods described in the beginning of the bill of lading is responsible to undertake the duty of loss and damage of goods in transit, so the buyer is, reducing the risk of receipt. Therefore, both sides are willing to credit provisions have shipped the words on the bill of lading. Since the credit generally require board bill of lading, the bank therefore accepts only show goods have been shipped, or a named vessel bill of lading.
There are two representations goods have been shipped on a named vessel or method. One is by the bill of lading printed on "goods shipped" or "cargo has been shipped on a named vessel" These words express. In this case, a single bill of lading date is the date of shipment or delivery date. Another plus is the words of the bill of lading to prove the batch of goods on a named vessel. Annotations must show that the goods have been shipped date, that date is the date of shipment. If the bill of lading show "intended vessel", that is, the goods may be loaded on the boat, on board notation on the bill of lading showed that in addition to goods have been shipped, but also to indicate the name of the vessel actually loaded cargo vessels. If the actual cargo loaded vessel is expected to be put into the original vessel, this explanation can not be free.
Cargo loaded on board a vessel, can be divided into the deck (ie, on the deck, loaded on deck) and placed in the cabin (ie deck, loaded under deck). If the bill of lading contained on deck, loaded on deck or stowed on deck and other annotations, such lading called deck cargo lading (On deck B / L), which represents the cargo loaded on deck. General cargo consignee do not like it placed on the deck, on the deck of the cargo due to rain vulnerable to flooding, or swept out to sea moderate loss, there is a greater danger than the deck cargo, buyer disadvantage. Unless the consignor agrees, the carrier will not be part of the deck cargo (deck cargo) general cargo loaded on deck, so as to cause damage or loss, must bear the liability. If the bill of lading contains the endorsement said, it indicates that the item has been loaded consent of the consignor. According to UCP500 Article 31, the bank will not accept this kind of endorsement of the bill of lading.
Cargo due to the nature of the goods themselves, such as dangerous goods, or the volume is too large, heavy-duty vehicles, such as whole, can not be a non-loaded on deck, or on normal business practices may not necessarily be mounted on the deck under the persons, such as timber and the like, the credit should bear "on deck shipment acceptable" or words of similar special provisions, that must have a special authorization letter.
However, according to maritime practice, even if the transport provision does not establish, the carrier has the right to the goods loaded on deck, as long as he is responsible for the loss of goods. To illustrate his claim that the bill of lading terms tend to have the right to the content of the cargo carrier armor plate. This is not a bill of lading bill of lading cargo deck. If the bill of lading showed that only goods can be armor plate (the goods may be carried on deck), and there was no clear indication has been installed or the armor plate (the goods are or will be loaded on deck), acceptable to the Bank.
(2) Received for shipment bill of lading (received for shipment B / L)
Acronym for shipment bill of lading. Bill of lading is the shipper after the goods have been handed over to the carrier, the carrier has taken over the wait for the shipment of goods, issued to the shipper. Sometimes shipping companies because sailing problem, specify in advance cargo warehouse, the issue received for shipment bill of lading according to warehouse receipts, ready by the date of shipment to the port of the vessel. Especially with the development of container transport, due mostly container ships in inland shipping receipt station receipt, and the receipt station is not available to sign the bill of lading. Typically such records to be transported on the bill of lading "received for shipment in apparent good order and condition ..." and other textual indicate when issuing a bill of lading, the carrier will only receive goods tube (take in charge) ready shortly after the shipment, but the actual time yet shipment. Since these goods have not yet shipped, so the bill of lading does not specify the name of the vessel and the ship in the date of shipment. Although sometimes the name of the vessel lading, also mostly intended shipping name, the ship will be the timely arrival of the cargo, the shipping company is not responsible. Because of this, importers are generally not welcome such a bill of lading, bill of lading if the importer after payment made goods timely shipment and no definite assurance, if goods can not be shipped smoothly, importers no goods can be mentioned. Therefore, under the credit banks are generally reluctant to accept such a bill of lading.
Although the receipt of shipment bill of lading that the goods have not been shipped, but if after the issuance of bills of lading to be transported, the goods have been loaded on the vessel, the carrier may be noted on the bill of lading to be transported "shipped" (On board) words, indicate the date of shipment by the name of the vessel and signed by the carrier, it will then be transported into the bill of lading bill of lading. In this case, the date of shipment is filling the shipment date, shipment bill of lading instead of a single date.
The carrier also has to be transported on the bill of lading filling "I certify the goods described herein are loaded on board the vessel named herein at the port specified in the bill of lading on or before the date of this endorsement dated ..." and other words and add signed, so this has the effect of lading to be transported on board bill of lading.
If the beneficiary is to be transported to submit the bill of lading, the bank would review into bill of lading, that is, to see if there is an on board notation. This is a bank focused on a single trial. If a credit requires board bill of lading on board but no description or annotation bill of lading, banks will not accept.
2. Press the apparent condition of the goods if there are bad comments division:
(1) clean bill of lading (clean B / L)
This refers to the shipment, the apparent good condition of the goods on the bill of lading printed on the "apparent condition obviously good" (in apparent good order and condition) no comments to the contrary (Superimposed Clause) or the additional provisions of the bill of lading . Credit requirements are lading clean bill of lading. Banks should pay attention to a single trial review whether the clean bill of lading.
If not marked with the words "clean" on the original bill of lading or printed on the "clean" the word is the carrier removed, does not affect the clean bill of lading become. That is, the clean bill of lading or not, whether there is non-compliance on the bill of lading the words "clean", according to the UCP500 article 32 of the definition, as long as "it is not with additional provisions expressly declared goods and / or packaging defect condition may endorse transport document clean "word does not make sense" is the clean bill of lading and therefore on the presence or absence. " This is not because there is no word on the documents constituting the discrepancy.
(2) unclean (foul B / L)
This refers to the carrier bill of lading filling in a bad or defective packaging of the goods and the bill of lading endorsement status. Bill of lading issued by the carrier to the shipper, to the shipper, the consignee or other holder of the bill of lading liability contained in the bill of lading. The bill of lading described "received (or shipped) from the shipper herein named in apparent good order and condition, unless otherwise noted in this B / L ...", indicates unless otherwise stated, namely that the goods in apparent good. The carrier shall deliver the goods look good on the bill of lading to the consignee at the destination. If the goods show the adverse situation in the destination, the carrier may be responsible. Thus, when the carrier took over the goods, if you find the goods or packaging pollution, humidity, break packages, etc., that is, in the bill of lading, to clarify its responsibilities. Annotations objection is "apparent good" put forward, and the term "apparent good" is described with eyesight range of goods under good conditions on the surface appearance of the shipment, but this does not explain not exposed quality. Such as endorsement of the "two pack broken" (2 bags torn) or "10 boxes of goods or Less" (10 cases short-ship), etc., it means that these cases already occurred when the shipment should not be the responsibility of the carrier. With those comments, constitute unclean. Except in this case: In accordance with the terms of the liner, the responsibility of the shipper to ship the goods to hang up, the damage had occurred cargo ship, if inadvertently caused by the handling of the ship should be the responsibility of the shipper instead. In this case, it does not make any endorsement on the bill of lading.
Not all of the goods constitute endorsement unclean. For example, the carrier bill of lading for the goods listed on the quantity, quality, value or characteristics are not responsible, even if the shipper declared content, value, weight, dimensions, marking, quality and quantity in the bill of lading, etc., is also regarded as the carrier unknown. These statements do not constitute a bill of lading "unclean." The carrier is due to the nature of the packaging (such as loading paper goods inside the plastic bag) and the loss or damage resulting terms to be retained, namely the right to exemption, it is not declared as defective goods, do not constitute "unclean." If the receipt does not match the goods listed mate marks, number, weight, etc. and declared the bill of lading, bills of lading should be corrected according to the mate receipt, such corrections had constituted unclean bill of lading should say no, but it may make things difficult encounter picky customers also unclean bill of lading to the ground and refused to pay.
Example: Common type annotation on the bill of lading are:
. A goods and packaging such condition, such as:
ONE BAG BROKEN (a package break)
ONE BALE OF RUBBER STAINED BY WATER (a rubber-coated water stains)
ALL TIMBER LOADED WET (wet all timber shipping)
ONE CARTON NO.23 MIDDEW STAINED (No. 23 cartons mildew track)
TWO BOXES CARSHDE, CONTENTS EXPOSED (two boxes smashed goods exposure)
THREE STEEL TUBES BENT (three pipe bend)
DAMAGED BY VERMINS (RATS) (worm or rat bite)
TWO DRUNS, NOS.3,5, BADLLY DENTED N / R FOR CONDITION OF CONTENTS (3, 5 barrels of severe depression hit, the ship is not responsible for its content)
. B description of the additional costs, such as:
PORT ECPENSES AT DES TINATION TO BE BORNE BY THE CONSIGNEE (destination charges borne by the consignee)
. C exemption annotation, such as:
N / R FOR PUTREFACTION (rotting cargo ship pays the responsibility)
N / R FOR NUMBER OF PIECES CAUSED BY BONDLES OFF (San bundle after the number is not responsible for the ship)
SAID TO CONTAIN ... (according to the shipper that there ...)
Case:. A.B Import and Export Company Limited exports to D.S. number of peanuts to CIF London auction conditions. Credit stipulates: "150M / Tons of Groundnut Kernels, UCD.xxx per M / Ton net CIF London, Liner out", AB Import and Export Company controlled by the terms of the contract that no problem, just more than a "Liner out" on credit words, managers who understand this as: "liner" is interpreted as "liner", "out" is interpreted as "out", "except", the two words together is the "non-liner" clause. Liner terms of the required ship to bear the cost of loading and unloading, the "non-liner" clause of course, is no burden on ship handling costs. Our contract terms CIF London is not "non-liner" clause conflicts with the provisions of the letter of credit. Former installation costs borne by the seller, unloading costs borne by the buyer, that is, the ship does not pay handling fees. Therefore, both import and export company handling personnel A.B. not inconsistent, accepted the above credit terms.
A.B. import and export company in the shipping documents shipment was refused, the issuing bank refused to pay on the grounds that: not indicated "Liner out" clause on the bill of lading.
A.B. import and export companies do not understand and at the same time it made the following comments were to the issuing bank and the buyer:
According to the provisions of the credit you No. xxxx, does not require the bill of lading "Liner out" clause, it has been represented by the letter of credit requirements "in the relevant commercial invoice price conditions UCD.xxx per M / Ton net CIF London , Liner out ", has met the letter of credit requirements. Based on the foregoing, I documents and credit consistent, you should accept the documents, on-time payments.
UK Ltd D.S. this back: "Liner out" is related to the company if the burden of landing charges according to the terms. "Liner out" means the unloading fee liner terms apply that fee by the ship unloading burden. Because you do not represent "Liner out" on the bill of lading, the ship is not bound by these terms, do not burden unloading costs not responsible for unloading. So I can not pay.
AB Import and Export Corporation also received a restoration of the issuing bank: I credit in terms of transportation clearly states "Liner out", as the terms of transportation, should the relevant conditions of carriage specified in the transport document in the credit column completely into, this practice in line with international practice. So, I still can not accept the above line documents. A.B. Import and Export Company and by asking the shipping company, they realized their own understanding of "Liner out" exactly the opposite of what was intended. But A.B. Import and Export Company believes that bilateral trade agreement does not provide for "Liner out" clause, just in general signed a CIF London. Accordance with the provisions of the contract CIF conditions, the unloading costs borne by the buyer. But the buyer was contrary to the provisions of the contract, and the other provisions of the letter of credit without authorization by the ship unloading costs burden should not happen. A.B. import and export company repeatedly issuing bank restoration as follows:
No. xxx on the documents referred to in the letter of credit discrepancies things, we believe that although the letter of credit provides for "Liner out", but did not specify in the bill of lading must be expressed "Liner out". According to UCP500 Article 21, if the credit does not require that the documentation of the wording or content, as long as the other provisions of the contents of the documents submitted with the documents presented do not contradict, banks will accept such documents. Therefore, according to the above provisions, the bill of lading I can not express your credit is not otherwise specified content must be indicated. So, I submitted the bill of lading, the document does not match that you think does not exist.
Issuing Bank the following reply:
Under No. xxxx on the credit of the bill of lading, according argument you side with UCP500 Article 21, if the credit does not require that the documentation of the wording or content, as long as the other provisions of the contents of the documents submitted with the documents presented do not contradict, the bank will ...... accept such documents. We draw your attention to party: your failure to fully understand the provisions of article 21 of UCP500. The first provision states: "When the documents requested transport document, insurance document or commercial invoice, the credit should provide documents and a single language or content, such as letters of credit which is not provided for, as long as content and presentation of documents submitted by the other provisions of the documents do not contradict, banks will accept such documents. "this is the first 21 original whole. That is only suitable for the above-mentioned provisions of other documents other than transport documents, insurance documents and commercial invoices. Discrepant documents we dispute is the transport document --- bill of lading, it does not apply to Article 21. As transport documents, will not transport-related provisions stated in the credit "Liner out" included, of course, it is deemed not to meet the credit requirements.
Then D.S. Co., suggested that if the seller agrees to ship the burden or the burden still unloading costs money, you can take or pay.
A.B. import and export companies and shipping companies namely research, its unloading fees can be paid by the consignor, please ship on behalf of the port of destination unloading fees paid in advance. But we know by contact by the consignee consignment, unloading fees are paid by the consignee. So A.B. Import and Export Corporation to the issuing bank immediately raised: About Document No. xxx under the credit, you're already pacified by the resolution declining the documents, dashing the original document type and number of copies be returned to us.
Since the issuing bank has been put to a single buyer, the buyer who has to pick up the bill of lading, the issuing bank can not retreat a single, had declared as follows: "About Document No. xxxx under the credit, the study and the consent of the applicant agreed to accept the documents, I was paid today. "Finally, because the issuing bank to pay a single mistake allowed the buyer, but also had the burden of interest due to late payment. Analysis: From the Case lessons learned are: (1) the terms of the liner (Liner terms) and "Liner out" of understanding, and the trial license problems arising therefrom. Buyer credit without adding column "Liner out", inconsistent with the contract, but because the seller misunderstandings "Liner out", so there is no requirement to change cards, sources of error in this case. (2) The terms of the content of the credit should be fully included in the transport document. Errors in case the seller is not fully reflected in the terms of the letter of credit on transport in the bill of lading. (3) the issuing bank for a chargeback documents can only keep or return them to, in this case the final payment and the issuing bank was forced to bear interest because without documents submitted will not match the applicant's fault.
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