提單(bill_of_lading)中英文簡介

1、提單(bill of lading )中英文簡介簡介提單(Bill of Lading,B/L )是由船長或承運人或承運人的代理人簽發(fā)，證明收到 特定貨物，允許將貨物運至特定目的地并交付于收貨人的憑證。一、提單的作用1.提單是運輸合同的證明2.提單是貨物收據(jù)3.提單是物權(quán)憑證分類二、提單的分類1.按貨物是否已裝船區(qū)分1 已裝船提單 (Shipped B/L or on Board B/L ) 。 2 收貨待運提單 (Received for Shipment B/L )。2 .按提單抬頭區(qū)分1記名提單(Straight B/L),又稱收貨人抬頭提單。2指示提單(Order B/L)。3 不記名

2、提單 (Blank B/L or Open B/L )。4 .按無影響結(jié)匯的批注區(qū)分1清潔提單(Clean B/L)。2不清潔提單(Foul B/L)。5 .按收費方式區(qū)分1 運費預(yù)付提單(Freight Prepaid B/L)。2 運費到付提單 (Freight Collect B/L )。5.按船舶的經(jīng)營方式區(qū)分1 班輪提單(Liner B/L)。2 租船提單(Charter Parth B/L )。三、提單的繕制與簽發(fā)2 .托運人(Shipper)3 .收貨人(Consignee)4 .通知人(Notify Party )5 .前段運輸(Pre-Carriage by)6 .收貨地點(

3、Place of Receipt)7 .海運船舶及航次(Ocean Vesse) 7.裝貨港(Port of Loading )8 .卸貨港(Port of Discharge ) 9.交貨地點(Place of Delivery )10 .陵頭和號碼、集裝箱箱號和鉛封號( Marks & Nos.、No.)11 .集裝箱數(shù)或件數(shù)(No of Container or P kgs )12 .包裝種類、貨物名稱( Kind of Packages Description of Goods )13 .毛重(Gross Weight kgs)14 .體積(Measurement )15 .運費和費用

4、、付款地點及付款方式( Freight & Charges Prepaid at、 Payable at、Pre-paid、Collect)16 .提單號和 F本提單份數(shù)(B/L No.、Original B(s)/L )17 .簽單地點和日期(Place and Date of Issue )18 .代表承運人簽字(Signed for the Carrier )區(qū)別四、B/L與D/O的區(qū)別B/L:BILL OF LADIN飆單，是貨物的物權(quán)憑證。D/O:DELIVERY ORDE提貨單，是目的港口提取貨物時需要的憑證，不可以轉(zhuǎn)讓.貨物上船之后，由船公司簽發(fā)B/L給SHIPPER SHIPP

5、ER等B/L轉(zhuǎn)給CONSIGNEE貨物到達港口， CONSIGNEES B/L去船公司換取 D/O ,憑D/O去港口 提貨。二者在貨物提取之前有且只有一個留在貨主手里，只不過D/O不再是物權(quán)憑證，貨主領(lǐng)取D/O之后，說明船公司已經(jīng)把貨物放給貨主了。Bill of Lading -IntroductionWhen discussing Bills of Lading, we must distinguish between a carrier B/L （B/L） and a House B/L （HBL）. Please see separate chapter for HBL.In Maers

6、k Logistics, we do not issue carrier Bills of Lading. Only Ocean Carriers （also known as VOCCs or shipping lines） can issue a carrier B/L.In the old days, the Bill of Lading was a document issued by the captain of the vessel for goods carried onboard his vessel. This is not practical today where ins

7、tead the document is issued by an agent acting on behalf of the captain.Maersk Sealands offices around the world have been empowered to sign Bills of Lading on behalf of the captain ” （the principal carrier）.Bill of Lading - Issuing PartyThe B/L is issued by an ocean carrier, also known as a VOCC （月

8、臺公司， 有月臺公共承運人）（vessel-operatingcommon carrier） or shipping line（航運公司）Maersk Sealand （馬士基海陸有限公司）,being a VOCC, issues Bs/L for goods shipped onboard their vessels.Bill of Lading FunctionsBasically, a Bill of Lading has 3 functions:1. A receipt （收據(jù)）for the cargo2. A document of title3. Evidence of a c

9、ontract of carriage1. Receipt for cargoThe B/L is a receipt by the carrier that the goods are in his custody （保管）.The B/L acts as a receipt between the shipper and the carrier until such time as title has been passed to a third party （the consignee）. Then it becomes an independent contract between t

10、he carrier and the third party. The third party assumes （接管，承 擔(dān)）the rights, responsibilities and obligations identical（同的， 完全相同的） to those of the shipper.2. Evidence of contract of carriageIt is common to hear the B/L referred to as thecontract of carriage . However, the contract of carriage is alwa

11、ysthe underlying （基本的） agreement between the carrier and the customer to carry his goods. The B/L is merely evidence of this.The B/L evidences a contract of carriage between the ocean carrier and the shipper/consignee in the B/L.Also see: Evidence of contract of carriage in the Glossary （詞匯表） .3. Do

12、cument of Title （物權(quán)憑證，所有權(quán)憑證）A B/L is a Document of Title. This means that the legal right （the title） to the goods covered by the B/L can pass from one party to another by means of endorsements （背書） （please see explanation below）.The carrier will only release the goods at destination to a rightful h

13、older of a duly endorsed （ 提單可以適當(dāng)背 書） original Bill of Lading.At the time the B/L is issued, the shipper will advise the carrier who the B/L should be consigned （交付） to - . who the Consignee on the B/L is.The shipper can choose to consign the B/L in different ways:a. Full name and address of an indi

14、vidual or companyb. “TO ORDER” （of shipper）c. “TO ORDER OF bank” - example: To order of Dubai Bankd. “TO ORDER OF company” - example: To order of Toy Trader Ltd.e. “TO ORDER OF individual” - example: To order of Gary Jensen, Street, City“To order ” means that the party can transfer their rights as c

15、onsignee to another party by endorsing the B/L.3a. EndorsementAn endorsement is a signature （and company stamp） on the B/L （and preferably also a clear written statement that the B/L is being endorsed to“Company XYZ”）. The endorsement is written on the original B/L document bythe party who is shown

16、as the consignee on the B/L but now wishes to transfer this right to another party.When obtaining the endorsed B/L, the new consignee now assumes all rights, obligations and responsibilities that were previously vested in the first consignee. This also includes the right to transfer the B/L to yet a

17、nother party by adding a new endorsement on the B/L document. In this way, a chain of endorsements may take place.The Ocean Carrier （海運承運人） will check the endorsements on the original B/L document before releasing the goods at destination. As you can see, it is not always the first consignee （as pri

18、nted on the B/L when it was issued） that actually take delivery of the goods at destination.Because of this function ad Document of Title, a B/L is often referred to as a“negotiable ” （可轉(zhuǎn)讓的）document but “transferable ” is actually the more correct term.Bill of Lading - Originals and CopiesThe fact t

19、hat the carrier B/L functions as Document of Title places great importance on the B/L document. All parties involved （shipper, consignee and carrier） rely on the document to decide who can take delivery of the goods at destination.The carrier will normally print a B/L document in 3 originals and a r

20、easonable number of copies. It is only an Original B/L document that can be transferred to another party. The copies may be pre-printed Copy or Non- Negotiable . Both are non-transferable.Although 3 originals have been issued, the carrier will release the goods at destination to whoever presents one

21、 duly and properly endorsed original B/LNow you may think:“But what if the shipper （托運人，發(fā)貨人，貨主） sells the goods twice and endorsestwo of the original Bs/L to two different parties ”The carrier must exercise due care to check that the B/L is properly endorsed to the party who submits （提 交） it. If thi

22、s is the case and the carrier is in good faith, he can release the goods. The change of ownership of the cargo is a matter between the seller and the buyer only. The carrier is not involved. If the seller has sold the goods twice, it is a matter between the seller and the two buyers.Bill of Lading -

23、 Carrier s responsibilityThe three main areas of responsibility of the carrier under a B/L are:1. Responsibility for correct description of the goods2. Responsibility to release the goods to the properly entitled party at the proper location3. Responsibility to care for the cargo while it is in the

24、carrier s custody1. Responsibility for correct description of the goodsAny third party buyer may purchase goods by relying on the description of the goods in the B/L （quantity, condition, etc.）.The description of the goods on the B/L is usually supplied by the shipper or his agent. （The carrier will

25、 not know what is inside a container or carton packed by the shipper）. It is however essential that if the carrier knows that the description of the goods supplied by the shipper is not correct （for example that cartons are damaged）, the carrier clearly notes the discrepancy （不符，相差） on the B/L or re

26、fuses to accept the cargo and issue the B/L.If the carrier does not note the discrepancy on the B/L, the carrier“steps into the shoes ” of the shipper andassumes responsibility, on behalf of the shipper, to the buyer of the goods. This means that if there was a dispute between the carrier and the bu

27、yer of the goods, the buyer could file a claim against the carrier. The carrier would need to file claim against the shipper but may not be able to prove that the goods were not received as stated in the B/L.2. Responsibility to release the goods to the properly entitled party at the proper location

28、Whoever presents a duly and properly endorsed B/L at the correct destination is entitled to take delivery of the goods.The carrier receiving a B/L and being satisfied that the proper endorsement is in place, when releasing the goods, is relieved of any responsibility should it later appear that the

29、B/L holder was in fact not the proper receiver.The carrier must of course also ensure that the person who submits the B/L and take delivery of the goods is a representative of the consignee . an employee or an agent of the company to whom the B/L has been consigned）.Release of the cargo without rece

30、ipt of a properly endorsed B/L compromises the carriers responsibility towardsthe true owner of the goods. This may expose the carrier to unlimited liability （責(zé)任）inclusive （包括）ofconsequential（ 間接的 ） damages. In other words, the carrier may be required to compensate （賠償） the rightful consignee not on

31、ly for the value of the goods but potentially also for additional costs such as loss of sales profits.If the carrier is in doubt about who the rightful owner of the B/L is, . because there has been a chain of endorsements and the carrier is not familiar with all signatures and stamps of the intermed

32、iate consignees, the carrier should in principle contact these parties to check. The carrier may can also contact the shipper and/or the notify （通知） party on the B/L to hear their views.2a. Release at different destinationIf the release of the goods is requested at a destination different from the o

33、ne mentioned on the B/L, the carrier should first receive the full set of Bs/L （all originals） for the particular shipment.The full set of an issued B/L has an intended destination. Since release is possible against any one of the Bills of Lading in a set, then only by receiving all the issued origi

34、nals can the carrier assure himself that no other lawful holder of an original B/L can present the B/L at the B/L destination and rightfully claim title to the goods.2b. Release of goods without original B/L or issuance of a new set of BillsIt is a critical situation when the full set of original Bi

35、lls are lost. By releasing the goods without obtaining a duly endorsed original B/L, the carrier will expose themselves to unlimited liability, incl. consequential damages, in case a rightful holder of the B/L later turns up and expects to receive the cargo. On the other hand, the consignee may in f

36、act be the legal owner of the goods after having paid the shipper and the carrier will be under pressure from the consignee to release the goods as soon as possible.In such a situation, the carrier will typically ask both the shipper and the consignee to confirm that they agree to the issuance of a

37、new set of bills or release of goods without the bills. In addition, the party who has asked for a new set of bills (the shipper or the consignee), or has asked to have the goods released (the consignee), is asked to sign a Letter of Indemnity (LOI) and this must be backed up by a first class bank g

38、uarantee which is valid for a minimum of 6 years or whatever the B/L filing period is in that country. The process must be approved and release signed off by appropriate management.It is a commercial decision by the carrier whether they will release the goods on this basis or not.to care for the car

39、go while in the carrier s custodyThe duty of care of the goods is both regulated in law and is based on common sense. If the goods arrive damaged at destination and no note has been made on the B/L regarding the condition of the cargo, it is the carrier s responsibility.If the carrier wants to claim

40、 against the shipper, it is the carriers responsibility to prove that the goods were notdamaged while in his custody.Bill of Lading AmendmentWhen a shipper requests an amendment to a B/L which has already been printed and issued, the carrier must make a judgment of the request and decide if the B/L

41、can be amended accordingly.The carrier must ensure that the full set of original Bs/L are returned (if 3 originals were issued, 3 originals should be returned for amendment) and ensure that the description of the goods is still correct.If a shipper requests a completely new set of Bs/L, this is cons

42、idered an amendment and the full set of originals must be surrendered. If the shipper or consignee is not able to produce the full set of originals, the carrier should not issue a newset. If the customer insists, the carrier must make a judgment of the commercial risk and may decide that a new set c

43、an be issued. In such case, the first set of Bs/L will be considered lost.You must ensure to check local procedures for this.Bill of Lading - Cargo DescriptionCargo descriptionThe transport provider cannot physically verify the contents of the cartons and packages received from the shipper. For lega

44、l reasons, the description of the goods must therefore always include the wording“Said ToContain ” or “to signify that the transport provider is relying on the description of the goods supplied by the shipper. Example: 1020 cartons of CD players.If the carrier knows that the description of the goods

45、 supplied by the shipper is not correct (for example that cartons are damaged), the carrier should note the discrepancy on the B/L or refuse to accept the cargo and issue the B/L.No. of packagesIf cargo is lost during transit, it is the number of units as stated in the“no. of pkgs” field that will b

46、e used forcalculation of potential compensation to the owner. For this reason, this field should always reflect the smallest number of shipping units. Example 1 (FCL container):“1 x 20 STD” instead of “500 cartons ” . Example 2 (LCLshipment): “5 pallets ” instead of “50 cartons ”.ClausesThe transpor

47、t provider should insert the clause“Shippers load, stow and count ” if the customer is loading thecontainer at his premises.“Shipped onboard ” must only be used when the document is issued after vessel sailing. If the customer wants the document issued before vessel sailing, the clause“Received for

48、shipment ” is used instead.Most carriers will not insert the clause“Clean onboard ” on the Bill. Even for LCL-shipments where they arephysically handling the cartons, they cannot check the quality and condition of the merchandise inside the cartons.Clean B/L without notations of damages or shortcomi

49、ngsThe buyer or the bank (Letter of Credit) sometimes demands a so-called“clean B/L” which means a B/L withoutany notes of damages or shortcomings at the time of loading. This sometimes creates problems between the carrier and the shipper, who in spite of damage or other discrepancy to the cargo wan

50、ts the shipping line to incorrectly issue a “Clean B/L” against a letter of indemnity from the shipper or a bank guarantee. Such indemnities are not allowed under the international conventions that governs Bs/L and if brought to court will not be upheld. Therefore the carrier should not issue“Clean”

51、 Bs/L if this is not the correct cargo description.24-hour manifest rule (U.S. customs)You may have heard about the 24-hour manifest rule established by . Customs and its requirements regarding description of goods - for example that “is not allowed and that the cargo description must be very specif

52、ic . “general merchandise ” and other general cargo descriptions are not allowed).For the purpose of transport documentation, you should be aware that the . Customs rules relate to the vessel manifest, not the printed Bill of Lading or Waybill document. The vessel manifest is used for customs purpos

53、es. The printed Bill or Waybill is used for legal and commercial purposes.Bill of Lading - Document DateThe date of the B/L must be the date on which it is actually issued, irrespective of the date the cargo was received or loaded, however not earlier than the date the cargo was received or loaded r

54、espectively.For a “Shipped on Board ” B/L, the date cannot be earlier than the date the cargo was actually loaded on board the first vessel or conveyance mentioned in the document.For a “Received for Shipment ” B/L, the date cannot be earlier than the date the cargo was actually received at the plac

55、e of receipt or load port mentioned in the document.Sometimes, a shipper will request a carrier to issue the B/L with earlier or later dates in order to comply with time restrictions in the shipper s Letter of Credit. The carrier is not obliged to do so and should not do so. It would be considered a

56、n attempt to defraud the buyer.Bill of Lading - Freight paymentThe charges payable at origin (usually by the shipper) are called“prepaid ”. The charges payable at destination(usually by the consignee) are called“collect ”.In order to secure payment, the carrier will usually not release the original

57、B/L document to the shipper before he has paid all prepaid charges.At destination, the carrier will usually not release the goods until all freight charges are paid (even when a duly endorsed B/L is presented).It is a commercial decision by the carrier whether they wish to grant the shipper and/or c

58、onsignee credit. If credit has been granted, the carrier will release the goods and expect the freight and other costs to be paid within the agreed time.The shipper is responsible for advising the carrier which charges are prepaid and collect. If the carrier is in doubt whether the consignee will pay for the collect charges, he may check with the consignee before accepting the shipment.In some areas of the world, from where there is a great risk and/or cost for the carrier to ship cargo, the carrier may require that all charges are prepai