Basic knowledge and attention
1. Bills of lading are usually 3 in 3 pairs and 2 in 3 pairs. If the letter of credit requires it, it must be specified with the freight forwarder.
For the T/T payment method, theoretically, only one original copy is required (the other originals will be automatically invalidated after delivery, and the copies cannot be picked up). After T/T receives the full payment, you can consider giving yourself to the customer when sending the original. Zhang Zhengben, all others are sent to customers (in order to avoid the loss of bills of lading on the way to the mail).
2. The bill of lading must show the carrier (full name). This is to know what I learned. When actually doing a letter of credit, the bank told me that the bill of lading does not show that the carrier is still paying the bills safely (hence theoretically it should be displayed).
The front-right carrier’s lower right corner is directly stamped and signed by the carrier.
If the carrier does not show the front and the bill of lading is signed by the transportation bank, the identity of the signer will be indicated when signing the bill of lading.
On the front side there are bills of lading showing the full name of the carrier but signed by the transport bank. When signing, the identity of the transport bank should be indicated.
3. Shipment Bills of Lading and Shipment Bills in Preparation:
Shipment Bill of Lading: A bill of lading issued after the shipment of the goods.
Standby Shipment Bill of Lading: The goods issued on the time of non-shipment represent the carrier only to take over the goods delivered by the shipper, and therefore the bill of lading cannot prove the time of shipment of the goods (the date of the preparation of the shipment bill of lading is not the shipment date).
When the “shipment on board” is stamped on the reserve shipment bill of lading and the loading time is marked, the bill of lading will be converted into a shipment on board.
4 Bills of lading cannot have unclear comments.
5. The consignee and notifier of the bill of lading must be completed in strict accordance with the letter of credit.
6. Issue, date and number of copies of the bill of lading: The bill of lading must be issued by the carrier or the master or their agent, and should clearly indicate the identity of the issuer. The general expressions are: CARRIER, CAPTAIN, or "AS AGENT FOR THE CARRIER:XXX".
7. For the name of the shipping company (carrier) printed on the bill of lading, the general agent will be marked as agent for the carrier. If there is no name of the shipping company on the bill of lading, a seal of the shipping company must be signed (your ticket should be a bill of lading signed by the carrier)
8. The discrepancy between the letter of credit and bill of lading: The carrier is not shown on the bill of lading. After checking, the official explanation is this: In accordance with article 23, paragraph 1, of the Uniform Customs and Practice for Documentary Credits, an ocean bill of lading must indicate the name of the carrier on the surface and be named by the carrier or the carrier. The agent or representative shall sign or otherwise prove it, or be signed or otherwise confirmed by the master or a named agent or representative acting as the master.
9. The issuer of a bill of lading can be divided into: FREIGHT FORWARDER B/L refers to a bill of lading issued by a transportation company such as a ship engaged in international cargo transportation. ORIGINAL BILL OF LADING, commonly known as sea alone.
L/C payment conditions of each document production time
Contract ---> L/C ---> Invoice (The invoice date must be earlier than the delivery date and the credit validity period. The date on the commercial invoice cannot be earlier than the date of issuance on the L/C and the invoice date is in each Documents first)--->Certificate of origin (The date of the certificate is to be the same as the date on the invoice you made. You can apply for the certificate on or after the date the invoice is made, and the date of issuance is equal to or later On the date of the invoice), insurance policy, packing list, export permit, commodity inspection, other inspection certificate---> shipping company certification (if necessary)---> bill of lading date---> bill of exchange (draw note date is early warning On the day of delivery and expiry date of the L / C, beneficiary's proof (some letters of credit do not have a beneficiary's certificate, document requirements are involved), and shipping notices (equivalent to or later than three days after the bill of lading's date) any document information that needs to be submitted The dates were earlier than the delivery date.
The above time sequence is basically in line with the entire foreign trade flow, and after completing a single job, the details of the entire process are clearly outlined.
Bill of lading classification
Bills of lading are divided into the following three kinds of bills
One is a straight B/L, that is, a bill of lading listing the name of the consignee. China’s “Maritime Law” stipulates that a nominal bill of lading cannot be transferred, and the carrier must deliver the goods to the consignee specified in the bill of lading.
Named bills of lading are not widely used in international shipping trade. They are generally used only when carrying personal items or exhibits. (The first single TT consignee is directly the customer's name, not aware of the potential danger: In the absence of the protection of the payment, do not make a bill of lading.)
In many countries, the consignee with a signed bill of lading can pick up goods without a bill of lading, so the bill of lading has actually lost control of the goods rights. Just like an air waybill, a consignee can pick up the goods with proof of identity. Even if the letter of credit is settled, the issuing bank is reluctant to accept the nominal bill of lading. Therefore, the general letter of credit is stipulated as a blank bill of lading with TO ORDER, which controls and controls the goods.
Therefore, we must not only one-sidedly remember the non-transferring nature of the recorded bill of lading, but also bear in mind that “the consignee of a nominal bill of lading can pick up goods without a bill of lading, so the bill of lading has actually lost the effect of the cargo rights.” The important point! The concept must be comprehensive, it will not bring errors and losses to the work. Therefore, if you only receive 30% of the money, and it is a 70% post-T/T collection method, and you make a designated consignee bill of lading, that is, a bill of lading, once the customer's reputation is not good, you will probably encounter money and goods. Empty space. Of course, if there is confidence in the customer's confidence and the receipt of funds, it is another matter.
The second is the open B/L (Blank B/L, Bearer B/L), which means that the name of the bill of lading consignee is not listed. Such bills of lading can be transferred without endorsement, and the carrier will release the bills on the warrants.
If the bill of lading on the unnamed bill of lading does not specify the name of the consignee, whoever holds the bill of lading can use the bill of lading to withdraw the goods from the carrier. The carrier’s delivery is a voucher without a person.
The note on the bill of lading in the consignee column is: To the order
The third is to instruct the bill of lading, that is, the bill of lading that delivers the goods on the instructions of the instruction set out in the bill of lading. It is a bill of lading usually used in current international trade.
1. With bank instructions. That is, the bill of lading consignee field is filled in as "to the order of xx Bank".
2, according to the consignee instructions. That is, the bill of lading consignee field is filled in as "to the order of A.B.C. Co. Ltd".
3, with the consigner instructions. That is, the bill of lading consignee field is filled in as "to the order of shipper" and the shipper has a blank endorsement on the back of the bill of lading. This kind of bill of lading can also be used as a signed endorsement under the letter of credit. The collector may not endorse either. In this case, only the shipper can take delivery, that is, the seller retains the ownership of the goods.
The so-called delivery of goods without bills of lading means that the carrier did not deliver the goods on the basis of the original bill of lading.
At present, for bills of lading and bearer bills of lading, the carrier must release the goods on the basis of the original bill of lading. The carrier does not release the goods on the basis of the original bill of lading. No matter which party the goods are delivered to, the legal holder of the original bill of lading can pursue the bill of lading to the carrier. The responsibility for breach of contract. This point is unified in China's maritime judicial practice. But in the case of a nominal bill of lading, if the carrier fails to deliver the goods to the nominee on the basis of the original bill of lading, can the legal holder of the named bill of lading claim liability from the carrier for breach of contract? At present, there are negative tendencies in both theory and practice. The
In summary, the cargo owners in various countries should fully understand the dangers of the straight bill of lading and can not freely agree to the trade buyer’s request to issue the bill of lading as the consignee, so as to ensure that, in the case of a letter of credit or other method, the settlement of the bill of exchange is blocked. The carrier did not release the goods to investigate their liability for breach of contract.
Bill of lading forms
1. Electro-optic: need to provide the original "electricity guarantee".
The letter of guarantee is to issue a statement which stated which of the goods were given to you by the customer, and then stamped the official seal below, passed it to the freight forwarder, and the rest would not have to worry about. (Of course, the premise of the radio is the safe receipt! Generally it is before the TT receives the money before it is discharged), the bill of lading confirms, and the shipment waits for the forwarder to transmit a duplicate copy of the bill of lading back to the customer.
2. Subsidiary: 3-4 days after departure (When customers set up the same cabinet in our factory and other factories, for convenience and security, we can separate the bills of lading and send them to the customer in the past.)
3. Same as above: Same as above
4. Remittances in different places: To be approved by the shipping company.
Packing
1. Door-to-door: It is time to make a reservation for the freight forwarder, and then the freight forwarders will send a team to your factory, or specify the place to load and return to the port.
2. Interior: refers to the warehouse where the factory directly sends the goods to the freight forwarding, and then they can help you pull into the port area. The shippers do not have the right to send directly to the port area.
Common question
1. Why do foreign companies sometimes need to send bills without a bill of lading?
We know that a bill of lading should theoretically be a "property certificate", that is, whoever "lawfully obtains" a bill of lading, whoever is entitled to the goods.
On the bill of lading, Shipper (Exporter) Shipper, Carrier (Delivery/Owner) Carrier, Consignee Consignee, and Notification Notify Party. The "consignee Consignee" determines the ownership of the goods.
The "consignee Consignee" usually has two ways of filling in:
The first is "TO ORDER or TO ORDER OF...", that is, the consignee is not yet determined. This bill of lading can be freely transferred by endorsement (the original holder signing on the back of the bill of lading, indicating transfer). Valuable - because whoever "legally" got the bill of lading, who the goods were. Such a bill of lading is a "bad bill of lading." In the operation of the bearer bill of lading, foreigners cannot get the right to take delivery without obtaining the original bill of lading (unless the freight forwarding company and the shipping company mess up and illegally release the goods without bills). It is very safe and is recommended for everyone to use. Under the letter of credit, the bank will usually request such a bill of lading.
The other type is a bill of lading, which means that the “Consignee” column specifies the name of the consignee’s company (usually foreign). Only this company can pick up the goods. Because the consignee was specifically stipulated, it would be useless for others to obtain a bill of lading. This bill of lading cannot be transferred. On the other hand, because it is stipulated that the person who has delivered the goods must be picked up, only he can take delivery of the goods. Therefore, some countries recognize that even if the consignee does not have the original, as long as he proves his identity, he can pick up the goods.
This is why we encountered in the business the reason why foreign companies can not pick up the original bill of lading but can also pick up the goods.
In this case, the delivery of the goods to the freight forwarder to issue a bill of lading would be almost equal to the direct delivery of the goods to the foreign merchant. If there is no recovery of payment at this time, there is a certain risk, and the payment depends on foreign investors. The nominal bill of lading also loses its effectiveness as a “property certificate”.
2. Which countries can take delivery without the original bill of lading
Not all countries can take delivery of the original (originally named bill of lading).
At present, there are two mainstream legal systems in the world, the Anglo-American legal system and the civil law system. Only the Anglo-American legal system was used. In the past, it was considered that the nominal bill of lading was not a document of title. Therefore, countries in the Anglo-American legal system are prone to the phenomenon of taking delivery of goods under a signed bill of lading.
Anglo-American law countries include:
United States, Canada, United Kingdom, Australia, Hong Kong, New Zealand, India, Pakistan, Bangladesh, Malaysia, Singapore, Bahamas, Botswana, Brunei, Cameroon, Cyprus, Fiji, Gambia, Ghana, Grenada, Guyana, Jamaica, Kenya, Kiribati, Lesotho , Maldives, Malta, Mauritius, Mozambique, Namibia, Nauru, Nigeria, Seychelles, Sierra Leone, South Africa, Sri Lanka, Swaziland, Tanzania, Tonga, Trinidad and Tobago, Tuvalu, Uganda, etc. .
When there are doubts, you can check online whether the foreign trader is an Anglo-American law country.
However, even in countries of the Anglo-American legal system (including the United Kingdom), there have been some cases of judging in recent years that the nominal bill of lading is also a document of title. The jurisprudence is legal in the Anglo-American legal system and can be seen as a turning point. In spite of this, we must be cautious. After all, prevention is the main thing. Once an accident occurs, even if a lawsuit wins, it will not be worth the loss for most small and medium-sized export enterprises. What's more, it is not necessarily a win. Some veteran foreigners can easily turn litigation into commercial disputes and wrestle for years.
Therefore, for unfamiliar foreign businessmen, especially D/P, it is advisable to use the named bill of lading with caution. In fact, it is not worth keeping a name and it will not bring too much inconvenience to foreign businessmen in the business operations.
3. Is the bill of lading and the bill of lading bill of lading the same thing?
In practice, we will run into two types of bills of lading: the bill of lading and the bill of lading. Shipowners are shipping companies that have ocean-going freighters. An ocean-going freighter is expensive, and companies with their own ocean-going fleet are naturally strong. In a sense, such companies are also more viable because they are more prestigious in their long-term business and do not self-defeat the name for a small amount of profit. They are relatively regular in operation. Another type of freight company is freight forwarding, or freight forwarding. The freight forwarding owns no ships. In a sense, it is similar in nature to ordinary trading companies. After they had solicited the goods, they again took them to the ship owner to book. We might as well consider the difference and relationship between shipowners and freight forwarders as wholesalers and retailers. The commodity is the "class space" of ocean-going freighters. The shipowners will ship the space to the freight forwarders and the freight forwarders will retail the space to us.
It is not hard to imagine that even though the shipowners are safe, they are inevitably “off-the-shop” and they are often inferior to freight forwarding in terms of service flexibility and hospitality. The large number of freight forwarding companies is widely distributed. It is very convenient for us to communicate with foreign trade, and we are also willing to cooperate with our operations, especially the special operations mentioned above, such as "backdating bills of lading". Therefore, it is more common for us to deal with goods in actual work.
On the surface, the effect of shipowners' bills of lading and freight forwarding bills of lading is similar. We sell the original bill of lading to foreign merchants, and foreign merchants take goods by means of bills of lading. In fact, there are still differences. First of all, the bill of lading itself is a kind of "transportation contract." If the freighter opens the bill of lading to us, it means that he has signed a contract of carriage. The owner’s bill of lading is a contract between us and the shipowner, and the bill of lading is not. We handed over the goods to the freight forwarders, and the freight forwarders gave them to the shipowners. There was a carrier agreement between the freight forwarders and the shipowners. The shipowners were responsible only to the freight forwarders and would not be responsible to us. Because under the operation of the freight bill of lading, for the shipowners, , freight forwarding is the "consigner." .
Therefore, with the owner's bill of lading, to the port of destination can directly pick up the goods; and the freight bill of lading will not work, need to get the freight bill of lading to the port agent where "for a single", that is, according to the bill of lading to send a delivery notice, and then pick up. Of course, for the pick-ups of our country, this is on the surface an extra procedure. It does not affect the delivery of goods and it is not a risk. On the contrary, we can use this to better control property rights. For example, after we handed over the freight bill of lading to the customer, we suddenly discovered that the customer was fraudulent and might not give it. At this time, we could ask the freight forwarding agent to help inform the destination agent to “hold” the goods.