How do I remedy shipping documents lost?
- 2016-11-11 14:40
- Shipping document Carrier Exporters
Shipping documents lost in the courier, often resulting in the consignee at the port of destination can not be with the original bill of lading delivery, the practice is generally by the consignee with a copy of the bill of lading delivery; or by the carrier to fill a new bill of lading, The carrier usually requires the seller to provide a reliable guarantee; the current shipping companies often require exporters and their joint bank to provide security, the guarantee time is one of the Year three years ranging from six years. If the bill of lading is obtained in good faith by the third party, the exporter will face two goods and money. If the bill of lading is made in good faith by the third party, the exporter will face the money goods two Empty ending.
There may be several cases wher a bill of lading is lost during delivery
(1) Lost under the control of the exporter;
(2) the exporter to the documents issued to the issuing bank, in the issuing bank lost;
(3) the issuing bank to pay documents lost by the courier company;
(4) express delivery company lost after the negotiating bank;
(5) negotiating bank lost to the consignee.
In both cases (1) and (5), exporters and importers should be held accountable separately;
In both cases (2) and (4), the issuing bank or negotiating bank shall be responsible;
The problem is that loss often occurs in case (3), and the postal service only has very limited responsibilities under the existing effective postal regulations.
According to the 2000 International Trade terms to explain the general rule. Under CIF, CFR and FOB conditions, the seller must provide the buyer with the transport documents without delay. Accordingly, the risk of loss of documents should normally be borne by the seller. The carrier in order to ensure their rights and interests of the consignee in the absence of an original bill of lading to ensure delivery; and require the bank to provide security. If taking into account the funds stagnation, you can take the following measures to solve:
(1) promptly notify the shipping companies and their agents. In such circumstances, the shipping company and its agents have the obligation to be cautious, can no longer just hold the bill of lading holders of the original bill of lading that is, the goods should be required to provide sufficient evidence that the bill of lading is in good faith of. For example, the endorsement is continuous? To meet the requirements? Whether to pay a reasonable consideration Carrier can also be legally established under the bill of lading goods, the lifting of the responsibility for the goods.
(2) promptly apply to the court for public notice. One can ensure that the rights and interests under the bill of lading inviolable; two can solve the problem of long-term stagnation of margin. Because once the court decided to accept the public reminders, in the transfer of rights during the act is invalid. Public notice of the lower the legal costs of the prosecution procedures, attorney fees are lower. Foreign should also have such procedures, urging the expiration (usually 60 days) can apply for the court to make ex-judgments.
(3) In general, the loss of documents should not affect the port of pressure, because the consignee is obliged to receive goods and can not refuse to unload; accordingly, the carrier can not refuse the original bill of lading on the grounds that the consignee, Refused to release the goods.
(4) What is the responsibility of the postal courier company, the current laws and regulations to give it almost exonerated treatment; whether the risk can be passed through the insurance courier insurance to pass the loss, the insurance company seems to have not carried out this insurance.
(5) the bank to issue a letter of guarantee as long as the letter is specific and comprehensive, generally there is no risk. Involving a large amount of security, it is best to ask the legal adviser, because in practice there are many bank guarantees invalid precedent.
How to Deal with the Lost Bill of Lading
A bill of lading means a document that proves that the contract of carriage of goods by sea and the goods have been received or shipped by the carrier and that the carrier undertakes to deliver the goods. According to the bill of lading to fill in the form of the consignee, the bill of lading can be divided into the name of the bill of lading, direct bill of lading and bearer bill of lading, consignee column records in different ways, the transfer of bills of lading are also different. The Maritime Code of the People's Republic of China stipulates that a registered bill of lading may not be transferred, that a bill of lading is to be endorsed by endorsement or blank endorsement; and that an unnamed bill of lading may be transferred without endorsement. Bills of lading in transport and trade has many functions, when the bill of lading in the hands of the shipper, the bill of lading has the role of goods receipts, bills of lading in circulation or proof of ownership of the goods, the goods to the owner of goods ownership of the bill of lading holder Is the carrier's obligation. In the letter of credit trade is often encountered in the issue of bills of lading has been lost, the carrier should take into account the interests of both the carrier and the shipper, the right to treat the issue of lost bills of lading.
Some carriers require the shipper to declare that the original bill of lading is invalid and provide a guarantee to reissue another bill of lading. At the same time, some carriers often insist on the reissue bill of lading "ORIGINALB / LREPORTEDLOSTBYSHIPPERANDCARGOSHOULDBERELEASEDAGAINSTTHISB / L ") And similar comments, that only in this way can the port of destination two original bill of lading delivery risk transferred to the shipper side. With such an endorsement of the bill of lading is not accepted by the negotiating bank, the shipper to make the carrier without annotation, but also have to provide another guarantee ... ... This not only affects the normal settlement of the shipper is not conducive to the protection of the carrier Interests. Some carriers have encountered this situation insisted that the shipper to provide bank guarantees, and under normal circumstances the bank is not easy to issue a letter of guarantee, the result will not only affect the shipper's settlement, and sometimes make the bill after the bill of lading valid .... I believe that these practices are not the most effective way, should be treated differently according to different circumstances.
Bill of lading is the goods of property documents, only the legitimate holder of the bill of lading to the carrier to claim the right in the credit trade, the transfer of ownership of the goods, the shipper settlement, the consignee to pay the purchase price Transfer. In the consignee before the redemption of single delivery, the shipper has the right to claim the right to the carrier. In the shipper has declared the original bill of lading obsolete premise, only to the issuing bank to pay the purchase price of the person is a goodwill of the holder of the bill of lading in order to really have the right to goods, and not pay the purchase price, the ownership of the goods did not transfer To the holder of the bill of lading. If someone holds a lost bill of lading, it is certainly not from the bank foreclosure from, and thus is the owner of non-bona fide bills of lading, it has no right to claim the right to the carrier.
Such as the bill of lading in the shipper settlement before the loss, this time the bill of lading is usually just a receipt of goods. If the shipper requests the reissue of the bill of lading due to the loss of the bill of lading, the carrier shall first request the shipper to cancel the bill of lading in compliance with the local law (such as publication of the declaration of loss in a local major newspaper and co
nfirmation in writing) The carrier should re-issue the bill of lading to use a different bill of lading number, but at least two sets of bills of lading should be obvious before and after the difference in the port of discharge can be easily identified and prom
ptly re-issue the bill of lading to inform the discharge port Agents and other interested parties change the relevant other docu
ments accordingly. But now some carriers in the reissue bill of lading, not o
nly use the original bill of lading bill of lading number, and other co
ntent is also the same as the original bill of lading, so that there is a vote of the two goods the same bill of lading, the carrier asked the shipper to declare the original declaration Bills of Lading lost, but still issued with the same delivery, this is in itself very contradictory, but also to the port of destination when leaving a hidden danger, which is the carrier and the cargo side are irresponsible. There may be two sets of the same original bill of lading, if the carrier rashly to the goods to the owner of the bill of lading in good faith, after the carrier will face the true goodwill of the holder of the bill of lading ... .... So if the simple reissue of the original bill of lading with the same bill of lading, is not a good way to protect the interests of the carrier.
If the reissued bill of lading and the original bill of lading are different, the port of discharge does not exist when delivery of the above problems, such as the former to pick up the goods can be, if the latter holding the goods, you can request the issuing bank issued by the payment Guarantee, or not to pick up. Therefore, the need to provide bank guarantees, is the holder of the original bill of lading, rather than the shipper, the real consignee has to pay the purchase price to the bank, the bank issued a guarantee for its payment is relatively easy. This is more secure, not only can effectively avoid the original port of discharge in the discharge of the original bill of lading occurs, can also protect the interests of the shipper.
If the bill of lading in the shipper after the loss of foreign exchange, the ownership of the goods has been transferred to the owner of the bill of lading in good hands, and therefore generally do not need to re-issue bills of lading, the carrier's obligation to pay the goods in good faith with the holder of the bill of lading. According to different situations should also be treated differently:
Under a bill of lading, a named bill of lading is not transferable under the laws of most countries, ie, the consignee is fixed, and the risk of the shipper not requiring delivery on the original bill of lading is relatively small (for example, in the United States). At this point the carrier in the receipt of the consignee's letter of guarantee and the consignor agreed to deliver the goods to the consignee's written guarantee, the goods can be handed over to the registered bill of lading consignee.
In the case of a bill of lading, if the port of discharge agent in receipt of the bill of lading due to the loss of the original bill of lading can not be picked up the request, the consignee should be required to produce the original carrier issued a copy of the original bill of lading / copy of commercial invoices , Commercial contracts and packing lists and other documents to check whether the consignee is the consignee, if the consignee consign agent pick up, but also to test whether the authorized delegate. The port of discharge agent should also require the consignee to provide the consignee with a first-class bank (the domestic Bank of China and its municipal branches, the People's Bank of China under the commercial banks and their municipal branches; foreign reputable local banks) At the same time, the unloading port agent shall ask the loading port agent to contact the consignor on the bill of lading to obtain the written guarantee that the consignor agrees to give the goods to the consignor in such circumstances.
The bank guarantee provided by the consignee shall include but not be limited to the following elements
● To XXX Transit Corporation (Carrier Name)
● ship name, voyage, bill of lading number, number, name, mark the first
• indemnify and hold the Carrier or its employees or agents from all liability and loss suffered thereby
• If the carrier or its employees or agents are sued as a result, provide sufficient legal fees
• The applicable law and jurisdiction in the Guarantee shall be in accordance with local regulations
● If a full set of original bill of lading is found, it will be returned to the carrier immediately
After checking the validity of the consignee's identity and guarantee, the unloading port agent issues the bill of lading with the photocopy of the original / copy of the bill of lading issued by the endorsed carrier provided by the consignee, and registers the relevant documents. If the consignee returns the full set of original bills of lading, he may return the guarantee to him. If the consignee is unable to return the full set of original bills of lading, in principle indemnity shall be retained, and if the consignee makes a return request, the port of discharge agent shall retain a minimum period in accordance with the law of the host country. Domestic ports need to be retained for at least one and a half years.
In view of the bill of lading in the transfer process lost (or stolen) is an objective phenomenon, reissue bills of lading or no delivery of goods is unavoidable, how to ensure the interests of carriers at the same time, protect the interests of the shipper is urgently needed of. To sum up, if the bill of lading is lost before the reissue need to be reissued, the carrier should first request the shipper through legal means to make the original bill of lading invalid, and issued a letter of guarantee responsibility. Whether or not to use the original bill of lading number of the carrier, whether or not to use the original bill of lading number, but must make before and after the two sets of bills of lading can be clearly distinguished at the port of discharge if the consignee to produce the original bill of lading for delivery, the carrier should be required to show open Otherwise the carrier has the right to refuse to deliver the goods, both to protect the interests of the carrier, but also to improve the shipper lost in the bill of lading suffered after the unreasonable treatment.