一、贸易提单分类
1）提单BILLOFLADING
1）提单BILLOFLADING
A document used to prove a contract of carriage by sea and that the goods have been taken over or loaded by the carrier and that the carrier guarantees delivery at the port of destination。
2）货运提单HOUSEB/L
是指由货运代理人签发的提单。A bill of lading is usually issued when goods are transported from and to the interior。国际货代通常都使用此种提单。This type of bill of lading is also used by freight forwarders in order to meet the requirements of customers' backdating or other shipowners that cannot be met。
3）船东提单MASTERB/L
是指由船东签发的提单。
4) On board bill of lading shippedorboard DB/L
Means a bill of lading issued by the carrier to the shipper that the goods have been loaded on board。
5) RECEIVEDFORSHIPPINGB/L or BL receivedForshippingB /L
A bill of lading issued when the carrier has received the goods but has not yet loaded them。
6)直达提单DIRECTB/L
It means a bill of lading issued when the goods are loaded from the port of loading and are shipped directly to the port of discharge without changing ships。
8) THROUGHB/L, or transshipment bill of lading
Means a bill of lading issued by the carrier at the port of loading for transshipment to the port of destination。
9)多式联运提单MTB/L
Refers to the goods by sea, inland river, railway, road, air and other two or more modes of transport for the joint transport of the bill of lading for the whole transport。
10)班轮提单LINERB/L
A liner is a ship that continuously engages in freight transportation between specified ports on a certain route according to a published schedule。班轮可分定线定期和定线不定期两种。
11) CHARTERPARTYB/L
A bill of lading signed by the owner to the charterer, or a bill of lading issued by the owner or the Charterer that does not carry the charterer's goods in full。
12) STRAIGHTB/L
It refers to a bill of lading that only the named consignee on the bill of lading can pick up the goods, and is generally not negotiable。
13)指示提单ORDERB/L
There are usually unnamed directives (ORDER only), listed directives (ORDEROFSHIPPER or ORDEROFCONSIGNEE**COMPANY;ORDEROF**BANK)。此种提单通过指示人背书后可以转让。
14) Blank Bill of lading BLANKB/L or OPENB/L
There is no consignee or ORDER in the bill of lading, that is, any holder of the bill of lading has the right to take delivery of the goods。
15)清洁提单CLEANB/L
The goods were delivered in apparent good condition, and the carrier issued the bill of lading without any notation of damage, poor packing, or otherwise hindering the settlement of exchange。
16)不清洁提单FOULB/L
When the goods are delivered, the packaging and surface condition of the goods are not solid and complete, the ship may comment, that is, the bill of lading is not clean。
17) Parcel bill of Lading PARCELRECEIPT or NON-NEGOTIABLERECEIPT
适用于少量货物、行李或样品等。
18) Minimum Freight Bill of Lading or MINIMUMB/L
If the freight does not reach the minimum amount specified in this regulation, it shall be charged according to the minimum freight stipulated。
19) and OMNIBUSB/L or COMBINEDB/L
It means that different batches of goods are combined in one bill of lading, or different batches of the same liquid cargo is loaded in a tank, when several bills of lading are issued, the former is called the combined bill of lading, the latter is called the assembled bill of lading。
20)分提单SEPARATEB/L
Refers to a batch of goods, that is, the goods of the same shipment list, which can be divided into 2 or more sets of bills of lading according to the requirements of the shipper。
21)过期提单STALEB/L
A bill of lading is a bill of lading that is not acceptable to the consignee at the port of destination before the arrival of the ship。
22)交换提单SWITCHB/L
It refers to a set of bills of lading issued by the port of origin after the bill of lading is replaced at the intermediate port, as the goods are shipped by the intermediate or transit station
23) Backsign ANTI-DATEDB/L
It refers to a bill of lading issued by the carrier at the request of the shipper after loading the goods earlier than the actual date of completion of loading。
24) Advance Bill of Lading ADVANCEDB/L
Due to the expiry of the shipment date and the settlement period stipulated in the letter of credit, the goods are not loaded in time for some reason, but are in the possession of the carrier or have begun loading, and the shipper issues a letter of guarantee requesting the carrier to advance the bill of lading。
25) On deck Bill of Lading or deck bill of lading ONDECKB/L
A bill of lading in which the goods are loaded on the open deck of a ship and marked "on deck"。
Statistics from the International Chamber of Commerce show that 10.5% of all UCP500 disputes are related to the provisions of Article 23 on ocean bills of lading。In recent years, the International Chamber of Commerce Banking Committee has issued nearly 50 advisory opinions on this clause。It can be seen that how to correctly understand and apply the provisions of Article 23 has always been an important issue in front of the parties, and it is also one of the important tasks of the International Chamber of Commerce in UCP600 how to modify and improve it。Paragraphs 73 to 99 of the ISBP further elaborate and regulate some issues concerning ocean bills of lading。
二、UCP第23条的适用
If a credit requires the presentation of a port-to-port transport document, Article 23 of the UCP applies。If a credit requires the presentation of a transport document "by sea" or "by sea", Article 23 of the UCP applies。As long as the transport document is a port-to-port transport document, it does not have to use the words "by sea" or "by sea" to comply with Article 23 of the UCP。For example, in opinion No. R342, where a credit allows the presentation of a multimodal transport document and the beneficiary presents a port-to-port multimodal bill of lading (sea transport only, no transhipment), ICC considers that article 23 should still apply。
Consignee, instructing party, shipper, notifier and endorsement
（一）如果信用证要求记名提单，For example "consignedtoBankX"，Not "toorder" or "toorderofBankX" and so on，The words "toorder" or "toorderof" must not appear before the name of a famous person in the consignee column，不论该字样是打印还是预先印就的。Similarly, if a credit requires an order bill of lading, such as "toorder" or "toorderof", the bill of lading cannot be in a named form with the named person as the consignee。
(2) If a bill of lading is made in order or to the order of the shipper, the bill of lading shall be endorsed by the shipper。An endorsement made by an agent or on behalf of the shipper is acceptable。
(c) If the credit does not specify a notifier, the relevant fields in the bill of lading may be left blank or filled in in any way。However, it is a common practice to provide the name and address of the applicant。
四、装运港和卸货港
The name of the port of shipment specified in the credit shall be indicated in the port of shipment column of the bill of lading。If it is clear that the goods are being transported by a vessel from the place of receipt and there is an on board notation indicating that the goods are loaded on the vessel at the port indicated under the name "place of receipt" or similar column, this may also be indicated under the name "Place of receipt" or similar column。
If a credit requires a port-to-port bill of lading, banks may accept a bill of lading indicating an inland place or another port as the place of receipt provided that a valid "on board" notation is present。
If the port of shipment specified in the credit is within a certain geographical range，且信用证允许转运，根据第R227号意见，If the ocean bill of lading indicates a different place of receipt and port of loading (both within the port specified in the credit)，The loading port, name and date of the vessel must be indicated in the on board notation;If the bill of lading indicates only one port within the scope as the loading port and the corresponding name of the vessel，装船批注可不必包括港口及船名信息。
If the place of receipt is the same as the port of shipment, it is not necessary to indicate the name of the port and vessel, provided that the "forward shipment" field is blank;If the "Forward shipment" field contains some information, the port of departure and the corresponding vessel name must be annotated。
2. The name of the port of discharge specified in the credit shall be indicated in the port of discharge column of the bill of lading。It may also be indicated under the heading "Final destination" if it is clear that the goods will be delivered by vessel to that final destination and there is a notation indicating that the port of discharge is the port shown under the heading "final destination" or similar。
Similarly, if a credit requires a port to port bill of lading, banks may accept a bill of lading indicating an inland location or another port of destination provided that a valid "on board" notation is present。
(c) If the place of receipt is a container yard (CY) or Container Freight Station (CFS) and is the same as the specified port of shipment, for example, if the place of receipt is a container yard in Hong Kong and the port of shipment is Hong Kong, these places will be regarded as the same place and it is therefore not necessary to indicate the port of shipment and the name of the vessel in the loading notation。
(d) If the credit specifies the geographical area or scope of the port of loading and/or the port of discharge (e.g. "any European port"), the bill of lading must indicate the actual port of loading and/or the port of discharge and the port must be within the geographical area or scope specified in the credit。
五、转运和分批装运
Transhipment means the unloading of goods from one ship and reloading to another ship in the course of sea transport between the port of loading and the port of discharge stated in the credit。Discharge and reloading are not considered transhipment if they do not take place between the port of loading and the port of discharge。
(b) Although a credit may prohibit transhipment, article 23d of UCP500 still permits transhipment under certain circumstances。However, if the credit prohibits transhipment and excludes the application of article 23D of UCP500, a bill of lading that appears to indicate that transhipment will or may occur will be deemed inconsistent。
Article 23 (d) provides that, even if transhipment is prohibited by the credit, a bill of lading indicating that transhipment will take place will be accepted by a bank provided that the bill of lading confirms that the goods have been transported by container, trailer and/or carrier and that the same bill of lading covers the entire carriage by sea。Therefore, if transhipment is to be prohibited completely, the credit must also state that it excludes the application of Article 23d of UCP500。
（三）如果信用证禁止分批装运，而提交的正本提单不止一套，The loading port is one or more ports (specifically permitted by the credit or within the specific geographical scope specified in the credit)，As long as the documents show that the goods were shipped on the same ship and on the same voyage，目的地为同一卸货港，则此种单据可以接受。If more than one set of bills of lading are presented and the bills of lading indicate different shipment dates, the latest shipment date will be used to calculate the presentation period, and the date must be on or before the latest shipment date stated in the credit。The shipment of goods in multiple vessels constitutes partial shipment, that is, they depart on the same day and are bound for the same destination。
六、装船批注
(a) if a bill of lading pre-printed "shippedonboard" is submitted，提单的出具日期视为装运日，Unless the bill of lading bears separate on board notation with date of addition，此时，该装船批注的日期视为装运日，Regardless of whether the date of the endorsement is before or after the date of issue of the bill of lading。
The above specifies what the B/Ldate is and whether the shipment date can be earlier or later than the bill of lading issue date。According to Opinion No. R284, in the case of an on board bill of lading, the date of issue is the date of shipment and the "on board" notation is not required;A bill of lading received for shipment must be marked "shipped" with the date of shipment, which may be earlier, later or equal to the date of issue。
(2) "Shippedinapparentgoodorder", "Ladenonboard", "cleanonboard" or other contain phrases such as "shipped" or "onboard" wording to "Shippedonboard" have the same effect。
七、清洁提单
(a) A bill of lading containing a clause or notation expressly stating that the goods and/or the condition of the package are defective is not acceptable。A clause or note that does not expressly state that the goods and/or the condition of the package are defective (e.g., "The condition of the package may not be sufficient for a sea voyage") does not constitute a discrepancy。A statement stating that the packaging "is not adequate for sea voyage" is not acceptable。
(b) Even though the credit may require "clean on board bill of lading" or a bill of lading marked "clean on board", the bill of lading need not show the word "clean"。
(c) If the word "clean" appears on a bill of lading and is removed, it shall not be deemed to contain an unclean note or an unclean note unless the bill of lading contains a clause or note expressly stating that the goods or packaging are defective。
八、提单的签署
(a) The original bill of lading must be signed in the manner specified in Article 20B of UCP500, and the name of the carrier must appear on the surface of the bill of lading and identify the carrier。
oneIf a bill of lading is signed by an agent on behalf of the carrier, it must identify itself as such agent and also the carrier it represents, unless the carrier is identified elsewhere on the surface of the bill of lading。
2.If the master signs the bill of lading, his signature must identify himself as "Master"。在此情况下，不必标明船长姓名。
3.If an agent signs the bill of lading on behalf of the Master, he must be identified as agent and the name of the master being represented must be indicated。
(2) If the credit states that "the forwarder's bill of lading is acceptable" or uses similar language, the bill of lading may be signed by the carrier in its capacity without identifying itself as the carrier or as an agent of the named carrier。提单也不必显示承运人的名称。
However, the said carrier bill of lading shall still meet the requirements of Article 23 other than Article 23 (a) (i)。
九、更正及证实
（一）对提单的更正必须加以证实。The confirmation must appear to have been made by the carrier, the master or his agent (who may be different from the agent who issues or signs the bill of lading), provided that he is identified as the agent of the carrier or the master。
Any agent of the carrier/Master of the Bill of Lading may confirm the correction of the bill of lading。According to Opinion No. R344, confirmation of a bill of lading correction may be made by any agent of the carrier/master, regardless of whether the signatory issued the bill of lading and/or confirmed any other corrections to the bill of lading。
An on board endorsement is not a correction to the bill of lading and requires no separate signature or subsignature by the carrier or its agent, i.e. no confirmation。
(2) A non-negotiable duplicate bill of lading does not require any signature or confirmation。
十、全套正本
Transport documents to which Article 23 of UCP applies must indicate the number of originals issued。Transport documents marked "FirstOriginal", "SecondOriginal", "Original", "Duplicate", "Triplicate", etc. are originals。A bill of lading does not have to be marked "original" to be accepted as an original。See ICC "Determination of Original Documents under UCP500 Article 20B"。
|
本文链接：5uia.fzmrtz.com/school/10/33.html details the classification and use of trade bills of lading |