Bill of Lading 海运提单

Bill of Lading 海运提单A bill of lading is a receipt for goods shipped on board a vessel, signed by the person (or his agent) who contracts to carry them, and stating the conditions in which the goods were delivered to (and received by) the ship. It is not the actual contract, but forms excellent evidence of the terms of the contract. It is a document of title to the goods, enabling the shipper or owner of the goods to endorse title to other parties, sell goods in transit, and present to banks with other documents in seeking payment under documentary credits. Abbreviated generally as B/L, it is the most important document for sea transport.There are different types of bill of lading:（1）Shipped (On Board) B/L and received for shipment B/L已装船提单和备运提单·Shipped B/L is issued by the shipping company after the goods are actually shipped on board the designatedvessel. Since shipped bill of lading provides better guarantee for the consignee to receive the cargo at the destination, the importer will normally require the exporter to produce shipped B/L and most bill of lading forms are preprinted as “Shipped Bill”.·Received for Shipment B/L arises where the word “shipped” does not appear on the bill of lading. It merely confirms that the goods have been handed over to, and are in the custody of the shipowner. The buyer under a CIF contract will not accept such a B/L because, in the absence of the date of shipment, he is in no position to anticipate the arrival of the consignment.（2）Clean B/L and unclean B/L清洁提单和不清洁提单· A clean bill of lading is the one that states that the goods have been “shipped in apparent good order and condition”. It is issued when the goods do not show any defects on their exteriors at the time of loading at the port of shipment. This type is favored by the buyer and the banks for financial settlement purposes.·If defects are found on the exteriors of the goods, or the shipping company does not agree to any of the statements in the B/L, the bill will be marked as “unclean”, “foul” or “… packages in damaged condition”. Unclean B/L is usually unacceptable to the buyer and banks.（3）Straight, blank and order B/L记名、不记名和指示提单·Straight bill of lading has a designated consignee. Under this bill, only the named consignee at the destination is entitled to take delivery of the cargo. As it is not transferable, it is not commonly used in international trade and normally applies to high-value shipments or goods for special purposes.·Blank B/L also called Open B/L or Bearer B/L, means that there is no definite consignee of the goods. There usually appear in the box of consignee words like “To bearer”. Anyone who holds the bill is entitled to the goods the bill represents. No endorsement is needed for the transfer of the blank bill. Due to the exceedingly highrisk involved, this bill is rarely used.·Order B/L is widely used in international trade. It means that the goods are consigned or destined to the order of a named person. In the box of consignee, “To order”, “To order of the shipper”, or “To order of the consignee” is marked. It can be transferred only after endorsement is made. If the B/L is made out “To order of the shipper”, the shipper will endorse the bill. If it is made out “To order of the consignee”, the consignee will endorse the bill to transfer it. A blank endorsement is usually required for a “To order” bill.（4）Direct, transshipment, through bill of lading 直运、转船和联运提单·Transhipment B/L means that the goods need to be transshipped at an intermediate port as there is no direct service between the shipment port and the destination port.·It is sometimes necessary to employ two or more carriers to get the goods to their final destination. In thiscase, usually the first carrier will sign and issue a through bill of lading. The on-carriage may be either by a second vessel or by a different form of transport.（5）Liner B/L, container B/L and combined transport B/L班轮、集装箱和多式联运提单·Liner bill of lading is issued by a liner company for shipment on scheduled port calls through scheduled routes.·Container B/L is becoming more common in use with the development of containerization. It covers the goods from port to port or from inland point of departure to inland point of destination.·Combined transport B/L is issued by combined transport operator that covers the multi-modal transport on a door-to-door basis in one contract of carriage. It is ideal for container movements. It differs from “through B/L” in that combined transport is operated by only one carrier.（6）Long form B/L and short form B/L全式提单和简式提单·Long form B/L is more detailed with shipping contract clause printed on the back of the page.·Short form B/L, as the name implies, is an abbreviated type of document, smaller and not containing the long list of detailed clauses that generally appear on bills of lading. In certain circumstances it may not, therefore, be considered a suitable form of evidence of contract or affreightment.（7）On Deck B/L, stale B/L, ante-dated B/L and advanced B/L舱面提单、过期提单、倒签提单和预签提单·On Deck B/L is issued when the cargo is loaded on the ship’s deck. It applies to goods like livestock, plants, dangerous cargo, or awkwardly-shaped goods that can not fit into the ship’s holds. In this case, the goods are exposed to greater risks and therefore usually specific insurance must be taken out against additional risks.·It is important that the Bill of Lading is available at the port of destination before the goods arrive or, failing this, at the same time. Bills presented to the consignee or buyer or his bank after the goods are due at the port of destination are described as “Stale Bs/L”. As a cargo cannot be collected by the buyer without the Bill of Lading, the late arrival of this all-important document may have undesirable consequences such as warehouse rent, etc. and therefore should be avoided. Sometimes especially in the case of short sea voyages, it is necessary to add a clause of “Stale B/L is acceptable”.·Ante-dated B/L means when the actual shipment date is later than that stipulated in the L/C, the carrier sometimes, at the shipper’s request, issues a B/L with a date of signature that suits the requirement so as to avoid non-acceptance by the bank. Due to the risk of the goods being rejected by the buyer arising from the issuance of such a bill, it is advisable to avoid this mal practice even when it seems necessary in certain circumstances.·Advanced B/L is issued when the expiry date of the L/C is due but the exporter hasn’t yet got the goods ready for shipment. The purpose of issuing such a bill is to negotiate payment with the bank in time within the validity of the L/C. it is also regarded as unlawful and risky and should be avoided.Still there are some other types of B/L such as Groupage B/L which covers a number of consignments from different shippers, and House B/L issued by a freight forwarder to each individual shipper, and so on. House B/L is issued By the freight forwarder before he gets one groupage B/L from the shipowner.All the above mentioned bills are not independent of each other. Several types may be combined into one like “Clean on board, to order, blank endorsed B/L”. A received for shipment bill may also be a straight and clean bill. Bills of lading are made out in sets, consisting of a number of originals (usually three) and a number of copies and marked” and “copy” respectively. Only the originals signed by the carrier enable the consignee totake delivery of the goods. The copies are just for reference.Types of Risks, Losses and Expenses Covered（1）Two types of risks are covered by ocean marine insurance:One is the perils of the sea, including both natural calamities and unexpected accidents. Natural calamities include heavy weather, lightening, Tsunami, earthquake, volcanic eruption and so on. Accidents refer to fire, explosion, vessel being stranded, grounded, sunk or capsized, collision or contact of vessel with any external object other than water, etc.The other type of risks is external (extraneous) risks including general external risks and special external risks. General external risks include theft and pilferage, contamination, leakage, breakage, sweating and/or heating, taint of odor, rusting, hook damage, fresh and/or rain water damage, short-delivery and non-delivery, shortage in weight, clashing and so on. Special risks include war, strike, failure to deliver due to some special laws or regulations.（2）Two types of losses are covered by marine cargo insurance. One is total loss and the other partial loss.Total loss is divided into actual total loss and constructive total loss. Actual total loss means the complete loss of the insured cargo in value.A constructive total loss occurs when the cost of salvaging the shipment would be more than the salvaged value of the merchandise. The shipment insured is reasonably abandoned as any further efforts at salvage would be fruitless. Most insurance policies provide for the payment of a total loss up to the insured amount.Partial loss means the loss of part of the insured cargo. It can be divided into generalaverage and particular average:General average is based upon a relationship between the shipowner and all the shippers who have cargo aboard the same vessel on a particular voyage. All these parties are bound together in the “adventure”. Sometimes, when the whole ship was threatened by a peril of the sea or some other hazard, in order to save he ship and some of the cargo or vessel have to be sacrificed, then an act of general average would be declared. According to maritime law, those interests whose property was saved must contribute proportionally to cover the losses of the one whose property was voluntarily sacrificed.·Particular average means a partial loss suffered by part of the cargo. It occurs when a storm or fire damages part of the shipper’s cargo and no one else’s cargo has to be sacrificed to save the voyage. The cargo owner whose goods were damaged or lost should refer to his insurance company, provided hispolicy covers the specific type of loss suffered.（3）Ocean cargo insurance also covers the expenses incurred to avoid or reduce the damage to or loss of the subject matter insured. There are mainly two types of expenses. One is sue and labor expenses paid by the assured or his agent. The other is salvage charge paid by the party other than the insurer and /or the insured.Main Types of Insurance 主要的保险种类There are mainly two types of insurance coverage, basic coverage and additional coverage. Basic coverage mainly includes FPA, WPA and All Risks. Additional coverage includes general additional coverage and special additional coverage.（1）FPA (Free from Particular Average) is alimited form of cargo insurance cover under which no partial loss or damage is recoverable. It only provides coverage for total losses and general average emerging from the actual “marine perils” like vessel being stranded, grounded or sunk.（2）WPA (With Particular average) is a wider cover than FPA. It provides extensive cover against all loss or damage due to marine perils throughout the duration of the policy, including partial loss or damage which may be attributed to natural calamities like heavy weather.（3）All Risks is the most comprehensive of the three basic coverages under which the insurer is responsible for all total or partial loss of, or damage to the goods insured either arising from sea perils or general external causes. However, it does not cover loss, damage or expense caused by delay, inherentvice or nature of the goods insured, or special external risks of war, strike, etc.（4）General additional risks include TPND (Theft, Pilferage and Non-delivery), Fresh and/or Rain Water Damage, Risk of Shortage, Risk of Intermixture and Contamination, Risk of Leakage, Risk of Clash and Breakage, Risk of Odor, Damage caused by Heating and/or Sweating, Hook Damage, Risk of Rust, etc. These additional risks can not be covered independently and should go with FPA or WPA and are included in All Risks coverage.（5）Special additional risks include War Risk, Strikes Risk(SRCC, Strikes, Riots & Civil Commotions), Failure to Deliver Risk, Import Duty Risk, On Deck Risk, Rejection Risk, etc., among which war risk and strikes risk are more common. These additional coverages are usually taken out together with FPA, WPA and All risks.To choose an insurance coverage that is both economical and effective, the exporter or the importer should be aware of the possible losses to be expected of a particular consignment. Different items have different natures and may apply to different insurance types. For example, cargo like iron ore faces little risk of partial loss, so FPA will be sufficient. Most manufactured goods are covered against All Risks as they are prone to damage caused by sea perils or external risks. It is important that the Bill of Lading is available at the port of destination before the goods arrive or, failing this, at the same time. Bills presented to the consignee or buyer or his bank after the goods are due at the port of destination are described as “Stale Bs/L”. As a cargo cannot be collected by the buyer without the Bill of Lading, the late arrival of this all-important document may have undesirable consequences such aswarehouse rent, etc. and therefore should be avoided. Sometimes especially in the case of short sea voyages, it is necessary to add a clause of “Stale B/L is acceptable”.> shipping advice -- to importer ]. It is due.We have informed your agents,name], who will arrange for the consignment to be sent on to you, as you requested. Our bank's, will hand over the following documents once you have accepted our bill:We hope the goods will arrive in perfect condition and find a ready market in your country.Sincerely yours,Letter 11.As the contracted time of delivery is rapidly falling due, it is imperative that you inform us the delivery time without any further delay.Letter 21.Today we’ll ship the above consignment on board S.S“Nellore” which sails for your port tomorrow.2.Fill: fulfill; executeLetter 31.As our client requires us to ship the goods not later than July 15, please quote us for a shipping container from HongKong to the above mentioned port before that deadline2.Take loads: 装载Letter 41.There are about 2 to 3 sailings weekly from Shanghai to Hong Kong.2.Freight : 运费Letter 51. The main reason is that their steamers offer the shortest time for the journey between China and Germany. We shall appreciate it if you will endeavor to ship the consignments as follows.Letter 61. We enclose our invoice and shall present shipping documents and our draft for acceptance through the Royal Bank, Shanghai Office, as agreed. According to the terms of Contract No.318, shipment is to be effected by the 20th Jan., and we must have the B/L by the 31st at the latest. We trust you will ship the order within the stipulated time as any delay would cause us no little inconvenience and financial loss. We regret our inability to comply with your request for shipping the goods in early December, because the direct steamer sailingfor London calls at our Port only around the 20th every month.We are pleased to inform you that the goods under your Order No.1234 were shipped by the direct steamer “Red Star ” on Nov.30, and the relevant shipping samples had been dispatched to you by air before the steamer sailed.With regard to your Order No. 80 for 500 Sewing Machines, we shipped the goods by s.s. “East Wind”on 30th Nov. We trust that this shipment will arrive at your end shortly. Please let us have the comments of your end-users on the quality of our Sewing Machines.Write a letter to your customer to urge shipment of Blue Wollen Serge under Order No.5781. The relevant L/C has been extended to 31st match.Dear sirs,We wish to invite your attention to our Order No.5781 covering 500 pieces Blue Woolen Serge, forwhich we sent to you about 30 days ago an irrevocable L/C expiration date 31st March.As the season is rapidly approaching, our buyers are badly in need of the goods. We shall be very much obliged if you will effect shipment as soon as possible, thus enabling them to catch the brisk demand at the start of the season. We would like to emphasize that any delay in shipping our booked order will undoubtedly involve us in no small difficulty.We thank you in advance for your cooperation.Yours faithfully,。