What is the difference between the bill of lading HBL and the owner of the bill of lading MBL? The risk and Countermeasures of changing the bill of lading to the owner of the ship
- 2018-01-26 14:33
- The bill of lading freight FCL transport
One.The full name of MBL and HBL and their property voucher attributes
MBL's full name in English is Master Bill of Lading, commonly known as the owner of the ship's bill of lading, ship Dongdan, if there is a bill, MBL is usually also known as the main single.
HBL full name is House Bill of Lading English, commonly known as the bill of lading, freight forwarding, if you want a single, then one is sure by the freight forwarder, since it is so, all single is HBL -- but not all HBL are single, because many of them are not divided single. There are also a few people who call the bill of lading Forwarder Bill of Loading.
It is important to note that the bill of lading (whether MBL or HBL) is only for maritime transport. The transport documents for air and railway should be strictly called the waybill -- the air waybill is Airway Bill (referred to as AWB); the railway waybill is Railway Bill, which is essentially different from the Bill of lading (MBL&HBL) of shipping. So air waybill and railway waybill should not be called bills of lading.
Bill of lading (Bill of Lading, B/L or BL), its most important feature is the "certificate of real right" - special shipping.
The so-called "voucher" refers to the proof of the written form of proof, document, certificate, etc. that has proved the property owner to have the real right. MBL, HBL and so on, because they can be endorsed, is a kind of property certificate. Multimodal bill of lading, railway waybill, air waybill, parcel post or express receipt do not belong to the real right certificate. The above-mentioned documents are also the receipt of the carrier's goods.
In simple terms, a waybill is only a receipt for the goods, and a sea bill of lading (MBL, HBL, etc.) has the property of the ownership of the goods.
Two、The characteristics of MBL bill of lading and the difference between bill of lading and HBL
The main body of the MBL is the ship company and the shipowner. And the main body of HBL is the freight forwarder (freight forwarder).
The rise of MBL is the ship company, the owner of the ship. And the rise of HBL is the freight forwarder.
MBL can directly pick up the goods to the shipping company and shipowner at the port of destination, while HBL must exchange the owner's bill of lading (MBL) at the port of destination, and then pick up the goods with the MBL that it has sent to the shipping company or its agency.
Container liner transportation, MBL is only applicable to FCL FCL transport, the shipping company will not issue a bill of lading LCL (single). While HBL can be used for FCL, can also be used for LCL LCL LCL transport, and must use the HBL to a single, because LCL, single by LCL forwarder issued.
See here, do you have a question: now that you have MBL, why do you want HBL?
From the subject of the bill of lading, one is the ship company, the other is the freight forwarding, and you can know which is more flexible. MBL is often more rigid, not easy to change, and it is not easy to issue a bill of lading according to the requirements of the customer (especially when the L/C letter of credit terms).
In addition, the issuing of bill of lading is also more convenient to control the delivery of goods when the goods are not designated by the customer. Because after all, you find your own cargo, you are a customer, better communication. In a word, the freight forwarders are better speaking, especially the freight forwarders they are looking for. But the ship company is not so good.
Another possible reason is that when middlemen are in existence, middlemen may not want the final customers to know the key information such as the source of goods, etc., often through issuing HBL, and only giving the final customers HBL, so as to achieve the purpose of keeping business secrets.
1、Change consignor information
The requirement that the charterer often asks is to change the original shipper. This is because middlemen / Charterers do not want the final buyer to see the name of the original supplier from the bill of lading, so that the buyer will eventually have the opportunity to set aside direct trade between the middleman and the supplier. As the middleman is the seller of the contract with the final buyer, the middleman has the right to do so. But the shipowner is not obliged to cooperate, unless there is a clause in the charter to bind the shipowner. (Imposing such an obligation on the Owner in the Fixture). But considering that business relations and harm are not serious, the shipowner can be accepted by the middleman in the case of a P&I form guarantee. Under such circumstances, shipowners undertake the obligation of "estoppel" (estoppel), and need to keep confidential the information of the first set of bills of lading, otherwise, they will encounter the risk of being claimed. In the case of Jacson v. Royal Bank of Scotland (2005) UKHL 3, the Hongkong middleman and the European buyer have a long-term trade contract for the supply of dog food produced in Thailand. In a settlement, the bank inadvertently sent the copy of the first set of bills of lading to the European buyer, and the buyer knew the information of the source. A few months later, the buyer interrupted the long-term business cooperation with the middleman and established a trade relationship with the Thailand supplier directly. The middleman put the bank into court, and the British high court sentenced the bank to compensate the plaintiff for four years of profit loss.
2、The description of the actual loading port is not true
The shipping port generally reflects the real origin of the goods, unless otherwise stipulated in the sale contract. In the international trade contract, the origin of the goods is a condition clause. once the seller goes against it, the buyer has the right to remove the contract and the loss of the claim after the buyer knows. If the seller fails or the financial situation is bad, the buyer will choose to detain the ship that issued the false bill of lading and bring a tort to the owner of the ship. The tort action will break the liability exemption of the carrier, the limitation of liability and the prescription of the limitation of action in the maritime contract, and the carrier will lose the guarantee of the P&I. So the replacement of the actual loading port in the bill of lading is firmly unacceptable to the shipowner.
3、Change unloading port
The unloading port is the place wher the buyer collects the goods. If the new and old Bill of lading is different, it means that the middleman should make a change in the actual delivery place of the goods. If the first set of bills of lading is different from the port of discharge specified by the second sets of lading, the legal system of the two unloading ports is not very common. For example, the original port of discharge and the discharge port for Hague to change the rules of Weiss (the insurance association rules is the standard limit of Cargo Liability). If you want to change the port of maritime law applicable to the carrier's liability than the original bill of lading set more stringent national port, such as the second set of bills of lading to be modified to be applicable to the goods unloading port of Hamburg Rules, it will increase the burden of the insurer P&I (Aggravating encumbrance or liability to P&I insurers). The claims Association generally disagrees with the shipowner. If necessary, Insurance Association will recommend to the beneficiary owner / hirer for guarantee (LOI), the actual compensation ability and review of the guarantor (Availability of indemnity performance), the owner for the future from the guarantor back third of the amount of additional responsibility.
4、Change the date of loading the port
This will involve the reverse bill of lading or the CIS bill of lading. The P&I insurer does not agree, so there is no reserve letter for the shipowner for reference. The harm of the bill of lading is well known. The harm of the bill of lading is the same. The CIS bill of lading will be the consignor to conceal the cargo from the date of shipment. The reason may be that the trade contract stipulates that the date of bill of lading relates to the difference between the settlement price of the goods or the difference of the warehousing expenses of the goods at the port of loading. (some FOB contracts can stipulate that the delivery place is not On Board, but the transfer of a dock). It may also be that the middlemen do not make a smooth deal when dealing with both contracts, leading to the late date of the letter of credit issued by the buyer. In the case of The "Eurus" (1998) 1 Lloyd "s Rep 351", the date of issue of the bill of lading was only a day difference from the actual delivery date, which made the buyer of the charterer lose 700 thousand dollars, and the owner of the ship was sent to the court. In a word, it is not as good as to record the date of payment, which will damage the interests of the shipowners. According to the third and seventh paragraphs of the Weiss rule of Hague, the date of shipment is a true description of the date of shipment on the bill of lading as one of the contents of the goods. If it is not true, it will violate the Rules of the insurance and indemnity association, and the insurer will not bear any losses and responsibilities.
5、Change the place of bill of lading
This problem is somewhat similar to the change of the unloading port. The middleman by the original shipper name specified shipping may not be in the office of the loading site, but in another country. After sailing ship brokers as the Charterers to have the right to request the owner to make shipping bill of lading. The place of issuance of the bill of lading will not be the actual loading port at this time. If the required bill of lading is the same as the maritime law applicable to the actual shipment of the goods, there is no risk. On the other hand, if the issuing place of the bill of lading applies more stringent carrier liability regulations than the loading port, the burden of the P&I insurer will be aggravated. In this case, the attitude and treatment of the P&I insurers are the same as those of the above fourth items. Hamburg Rules Article 2 set the scope of the rules, the provisions of (d): "The Bill of Lading or other document evidencing the contract of carriage by sea is issued in a Contracting State" that is to say, the Hamburg Rules will automatically apply to the bill of lading issued.
6、Change Consignees
The change of Consignees will only occur on the registered bill of lading (Straight Bill of Lading). In general, this situation is less involved in the middleman, but the consignor chartered and asked the shipowner for the situation. once a registered bill of lading was issued, the ownership of the goods (the property) was transferred according to the 1979 goods sale act of the United Kingdom. If the seller has closed the name of the Consignee before the settlement, the goods on the ship will return to the bankrupt liquidator, not the seller. This is why the seller of the goods generally does not like to accept the name of the bill of lading, and is willing to use To Order Bill of Ladings. The latter enables the seller / consignor to control the right of delivery, even if it has not been settled. The reason that the consignor / charterer is to change the Consignee is that the buyer's ability to pay is doubtful and decides to sell the goods to another person. This is a reasonable trade behavior, the shipowner can accept, the claims association also gives understanding, but still need the charterer to provide the owner of the shipowner P&I format LOI. Notify Party only plays the role of ship owner information in To Order bill of lading, for example, common damage and other marine accidents. Therefore, the risk of Notify Party change is less than that of other projects.
7、A description of the surface condition of the goods
This will occur in the case of (though less) the captain's comments on the condition of the goods on the bill of lading. The captain of the captain is obliged to describe the real condition of the goods on the bill of lading, according to the third section of the Weiss rule of Hague and the third paragraph and the Rules of the claims Association. This means that the captain has the responsibility to reload the bad notes on the receipt of the receipt to the bill of lading (Clausing the Bill of Ladings). If the consignor / charterer's difficulty in settlement is caused, the renter will ask the shipowner to withdraw the bill of lading containing the unclean endorsement, and sign another set of clean bill of lading and then go to the two renegotiating the bill. The owner of the ship is not allowed to accept such a change. This is more dangerous than the captain's acceptance of the consignor and the renter's letter of guarantee at the port of loading and the issuance of a clean bill of lading. The indemnity association is known to be relieved of the liability (discharge the liability).
8、Decomposition of bill of lading (Split B/L)
The charterer requires the shipowner to break down the bill of lading due to the need for the sale of the goods. For example, the middleman had intended to resell the 10000 tons of chemical fertilizer for the whole ship, but later found two buyers. This requires the original 10000 tons of fertilizer to recover and request the owner of bill of lading change two sets of different number of bills of lading (the total number is still 10000 tons). This situation will occur in the goods have been shipped, the ship on the voyage, it's called "floating cargo Floating Cargo sale. According to the 1979 goods sale act of the United Kingdom, it is allowed to buy and sell floating goods at sea. In this case the middleman will sell the full set of documents, Bill of Lading, of the CIF goods. (CIF goods transaction is called a document transaction). Therefore, the decomposition of the Split the Bill of Ladings is equal to the distribution of the goods, which belongs to the normal trade behavior, and the shipowner can accept it. But the beneficiaries still need to be provided with LOI.