Bill of Lading
When shipping cargoes by sea, various kinds of bills of lading are raised. The differences in raising these documents consist in shipping terms.
The bill of lading (derived from the French notion "connaissement") is 1) a document containing provisions and conditions of the sea transportation contract. Regulations relating to the bill of lading are contained in the International Convention on the unification of some of the rules on the bill of lading dated 25.08.1924 (as amended in accordance with the Brussels Protocol dated 1968), as well as in the USSR Merchant Marine Code that is currently effective in the Russian Federation; 2) a goods title document that gives its holder the right to dispose the cargo. This document is wide-spread in foreign trade. It is issued by the freight-forwarder to the consignor after the cargo has been accepted, and certifies the fact of concluding a contract. The bill of lading specifies the legal relationships between the freight-forwarder and the consignee. If no obligatory conditions for the consignee are specified in a bill of lading, a reference to a document (the charter, as a rule) containing such conditions is made. The bill o lading may be composed: to the bearer, to the consignee (straight bill of lading); under order of the consignor or consignee (order bill of lading). The bearer bill of lading is transferred in exchange for the cargo by simple personal delivery. The straight bill of lading is transferred under endorsement, or in other form, but in compliance with the rules specified for cases of transferring active debt claims. Under the order bill of lading, the cargo is transferred by the consignor's (consignee's) order, or by order of a bank. If the bill of lading does not indicate that it has been raised "by the consignee's order", such a bill of lading is considered to have been raised by the consignor's order. Usually, the bill of lading is composed in several copies with a mark of the total number of such copies being put in each of them. After the cargo has been given out under one of the copies, the remaining copies void. The bill of lading refers to securities. The bill of lading is called "clean", if the freight-forwarder has not made any remarks or claims to the quantity and quality of the goods, or "claused" ("unclean"), if stipulations on the state of the goods being transported have been made therein. The bill of lading indicates: the name of the transportation means, the freight-forwarder, the consignor, the consignee, the place of acceptance or loading, the purpose of the cargo, its name, freight and other payments payable to the freight-forwarder, the time and place of issue of the bill of lading, and the number of copies thereof. The transfer of the bill of lading (straight, order or bearer bills of lading) is done by rules for transferring securities, and such a transfer is equal to transfer of the cargo. The bill of lading appears to be one of the basic documents required for customs control over goods transported by sea.
The On Board Bill of Lading (Board B/L) is a bill of lading certifying that the goods accepted for transportation have been actually loaded on the vessel.
The Delivery Order is a cargo title document issued by the freight-forwarder, or the consignee, being confirmed by the vessel's captain. This kind of bill of lading is used in case of partial sale of the goods by the consignee before such a consignee has accepted the delivery. The delivery order is an order on transferring a certain portion of the cargo to another person in the port of destination.
The Insured Bill of Lading is a combination of a shipping document with an insurance policy, and serves evidence of acceptance of the cargo for transportation and its insurance. This kind of bill of lading is used in container transportation.
The Straight Bill of Lading (Straight B/L) is a bill of lading raised in favor of a certain consignee. Under a straight bill of lading, the cargo is transferred in the port of destination to the consignee specified on the bill of lading. The cargo may be released to another person under a contract only that is composed in compliance with the rules for transferring active debt claims.
The Bearer Bill of Landing is given in exchange of the cargo by simple personal delivery.
The Received for Shipment Bill of Lading (Received for Shipment B/L) is a bill of lading for the cargo received for shipment in the port where the vessel, which has not arrived yet, is being awaited.
The Liner Bill of Lading (Liner B/L) is a bill of lading issued by the shipping company, or in the name thereof. This bill of lading covers the carriage on vessels running through regular routes in accordance with an established and published time-schedule.
The Claused Bill of Lading (Claused B/L, Unclean B/L) is a bill of lading that contains remarks on damage to the cargo and/or package.
The Local Bill of Lading is a bill of lading with a reference to a through bill of lading, under which the cargo has been received for shipping. Local bills of lading bear office significance, and are used for reporting purposes of the line, port, and are not cargo title documents.
The Order or Negotiable Bill of Lading (Negotiable B/L) is a bill of lading under which the cargo is transferred either under "order" of the consignor or "order" of consignee, or "order" of the bank, or under endorsement of the person, under the order of whom such a bill of lading has been raised. If an order bill of lading does not indicate the fact that it has been raised under "order" of the consignee, such a bill of lading is considered to be raised under "order" of the consignor. The "order" is a remark on the person, who the cargo is to be transferred to. Let us assume that the consignee cannot work with the cargo in the port of destination. In this case the cargo is received by the forwarding agent, who (which) will be the person indicated on the bill of lading.
The Direct Bill of Lading is a bill of lading covering the shipment between the port of loading on and the port of unloading from one and the same vessel.
The Combines or Collapsible Bill of Lading is a bill of lading for several cargoes intended for different consignees.
The Through Bill of Lading (Through B/L, TBL) is a bill of lading providing for a transshipment of the cargo onto another vessel in an intermediate point, and covering the whole carriage of the cargo from the port of loading to the final destination point. Such carriage is possible if the freight-forwarder has several regular lines in different directions, or under an agreement concluded between two freight-forwarders: the one that receives the cargo in the port of departure and the one that delivers the cargo farther from the transshipment port. Usually freight-forwarders, that are jointly carrying a cargo under a through bill of lading, agree upon their mutual obligations, according to which each of the freight-forwarders is responsible for that section of the route, within which such a freight-forwarder is doing his carriage
When working with a through bill of lading it is important such a bill of lading contains clear remarks from one freight-forwarder to the other.
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