Bills of lading (3)
英语海运提单
三、Types of Marine Bills of Lading 海运提单的类型(考试重点)1、Order Bills of Lading 指示提单特点：1) Order bills are issued by carriers to the order of shipper or consignee. 指示提单是由承运人签发给指定的托运人或者收货人。
2) The carrier, shipowner, charterer or master will deliver the goods at the port of destination not solely to the named consignee, but to any person designated by him. 承运人，船东，租船人或者船长在目的港交货，不仅可交付给指定的收货人，还可交付给任何收货人指定的其他人。
注释：master: 船长solely: 独自地，单独地designated: 指定的，派定的3) An order bill of lading is a negotiable document. 一份指示提单是一份可转让单据。
注释：negotiable document: 可转让单据4) Order bills made out to consignee “or order” can be transferred by them by endorsement. 提单载明收货人或“由某人指示”的指示提单可通过收货人或指示人背书进行转让。
注释：make out:填写，书写，说明transfer: 转让，过户endorsement: 背书2、Straight Bills of Lading 记名提单特点：1)In contrast with the order bills of lading, straight bills are those made out to named consignees without the addition of the words “or order”. 与指示提单相比，记名提单载明指定的收货人而没有附加“由某人指示”的措辞。
海运提单
这是要求强调运费根据租船契约支付，并强调装运由中国的黄埔至美国的哥尔夫波特港的特殊条款。在填写提单时，不应因这两项的内容已注在栏目中填写而放弃重复写一次，应在提单空白处打上”Freight has been payable as per charter party””The ship menthes been made from whampoa，China tO U．S Gulf port．”
第2栏收货人(Consignee)
这一栏的填写和托运单“收货人”一栏的填写完全一致，是根据买卖信用证(L／c)在记名收货人、凭指示和记名指示中选择一个。
例1，来证要求：“Full set of B／L consigned to A．B．C．Co．”提单收货人一栏中填写：“Consigned tO A．B．C．CO.”
例3，来证要求：／／Terms as intended in relation to name of vessel，port of loading and port of arrival are not acceptable．／，
这是不允许在有关船名、装运港、目的港表达中出现“预计”字样的条款。在具体制作提单
第12栏
本栏包括三个栏目，但无需分别填写。填写的内容包括：第一，商品名称；第二，最大包装的件数；第三，运费条款。
详细解释
1.商品名称。这一列项目内容的填写应与托运单完全一致，不得有任何增减。在使用文字上要求严格按信用证要求。在没有特殊说明时全部使用英文。对于某些港澳、新马地区来证要求货名用中文表达时，应遵守来证规定，用中文填写。有时来自欧洲、南美洲国家(尤其是法语作为官方语言的国家)要求使用英文和法文两种文字描述货物的内容，对于这样的要求。出口公司应该接受。在缺少法语人才的公司，制作单据时完全可以依样画葫芦地照搬信用证中有关货物内容的法文描述。通常这些国家的来证都用英、法，或英、法、德两种或三种文字同时说明。
海牙规则历史
一点点历史古代的航海贸易，航海技术不成熟，海盗猖獗，所以，货主一般都是随船同行，等到货物抵达目的港之后，由货主自行处理货物。
相关的规则就适用商人之间的习惯，惯例。
14世纪开始，通过海上贸易发财的商人们，已经不愿意随船幸苦颠簸。
货主把精力从照看货物逐渐转移到了贸易业务的经营上。
于是，贸易和运输开始分离。
在货物装船的时候，承运人就必须给货主签发一份货物收据，这就是最早的提单，一式两联，当货物装船之后，承运人将提单对齐裁开，自留存跟，将另一联交给托运人，由托运人想办法转手给收货人。
带货物抵达目的港后，收货人持提单，和承运人手上的那一份对缝交接。
所以，有种说法就是载货船舶是浮动的仓库，而提单是开启仓库门的钥匙。
那个时候，提单不能在市场上自由流通，条款非常简单，更没有现代意义上的承运人的免责条款，承运人所有的免责只是普通法下的天灾，公敌行为和货物内在缺陷。
到18世纪末19世纪初，随着航运贸易的不断发展，提单扮演的角色也越来越重要。
此时，提单已经可以代表货物在市场上流通，提单的可转让性被法院所确认。
此时的提单，就在承运人和收货人之间构筑了一种法律上的关系。
收货人在目的港发现货物灭失或者损坏之后，可以凭借提单起诉承运人要求赔偿。
承运人越来越意识到，普通法下的免责事由已经不足以保护自己的利益。
于是，便开始利用契约自由原则，并且凭着自己的优势地位，在提单中逐渐增加免责条款减轻或者排除自己的责任。
到19世纪末，免责条款已经完全泛滥，甚至连承运人照看货物的过失，船员故意行为，以及船舶不适航，都在免责条款的保护范围之内。
承运人“除了收取运费之外，似乎已经没有其他责任可言。
”对于承运人滥用免责条款的现象，不但货方极其不满，法官也忍无可忍了。
于是经常做出对承运人不利的判决。
但是市场对法院判决的反应就是很快的，魔高一尺，道高一丈，承运人更加想方设法的起草免责条款，于是导致了恶性循环。
提单的信用度成了很大的问题，航运贸易的发展受到了阻碍。
海运提单的缮制基本程序
海运提单的缮制基本程序通常信用证对海运提单的规定举例如下：海运提单一般就是指港至港已装船提单(Port to port shipped on board marine bill of lading)，习惯简称为海运提单。
海运提单的格式，每家船公司都有自己不同的格式，但各项栏目、内容基本一致。
出口商缮制提单和银行审核提单的基本要求是"单证相符"。
下面介绍海运提单的缮制及审核中注意事项。
(参见提单示样)1.Shipper，托运人。
托运人也称发货人(Consignor)，是指委托运输的当事人。
如信用证无特殊规定，应以受益人为托运人。
如果受益人是中间商，货物是从产地直接装运的，这时也可以实际卖方为发货人，因为按UCP500规定，如信用证无特殊规定，银行将接受以第三者为发货人的提单。
不过此时必须考虑各方面是否可行的问题，2.Consignee，收货人。
这是海运提单的抬头，是银行审核的重点项目。
应与托运单中"收货人"的填写完全一致，并符合信用证的规定。
收货人栏的填写必须与信用证要求完全一致。
任何粗心大意和贪图省事的填法都可能是单证不符点。
不符点的例：B/L issued to the order of ABC Co. Ltd. Whereas L/C required" to ABC Co. Ltd."。
(提单开成凭ABC公司指定人指示，而信用证要求"凭ABC公司指示)。
抬头为特定的公司与这一公司的指定人是完全不同的，前者只有这一特定的公司可以提货，提单不能转让，后者提单经此公司背书便可以转让。
又如，假设信用证上规定的地名是简称，而提单上写的是全称，也是不符点。
如果是托收方式中的提单，本栏一般填"To order"或填"To order of shipper"均可，然后由发货人背书。
不能做成收货人指示式，因为这样的话代收行和发货人均无法控制货权；未经代收行同意的话，也不能做成代收行指示式，因为UCP522第10条规定：事先未征得银行的同意，货物不应直接运交给银行或做成银行抬头或银行指示性抬头。
常用航运缩略语(英汉对照)
常用航运缩略语（英汉对照）（A)AAAlways afloat永远漂浮AAAAlways afloat,accessible永远漂浮,可进入/到达AARAgainst all risk针对所有风险ABSAmerican bureau of shipping美国船级社ABTAbout大约ACCAccept/Acceptance接受ACCDGAccording to根据ACCT Account帐，租家ACOL After completion of loading装货结束后ADV Advise告知AFLOWSAs follows如下AFMT After fixing main terms确定主条款之后AGT Agent代理AGW All goes well一切顺利AHPSArrival harbour pilot station到达港口引航站A/O And/or和/或AOH After office hours非工作时间APS Arrival pilot station到达港口引水站AP Additional premium附加保险费ARVL Arrive/Arrival到达ASAP As soon as possible尽快，尽可能快的ASBA Association of shipbrokers and agents (美）船舶经济人和代理人协会ASPS Arrival sea pilot station到达海引水站ASF As following如下所述ATA Actual time of arrival实际到达时间ATD Actual time of departure实际开航时间ATDNSHINC Any time, day, night, sunday, and holiday included任何时间包括白天，夜间，周六和节假日ATDNSHEX Any time, day, night, sunday, and holiday excepted任何时间，白天，夜间，周六和节假日除外ATSAll time saved所有节省时间AWIWLAlways within institute warrant limits总在保险协会保障的区域内AWTSBEAll working time saved both ends所有两港节省的工作时间AWTSDOAll time saved discharging only所有卸港节省的工作时间AWTSLOAll time saved loading only所有装港节省的工作时间（B)BB Ballast bonus空放奖金BBB Before breaking bulk在开舱卸货前BBY Bombay孟买BCZ Because因为B/D Breakdown故障BENDSBoth ends两头（装港及卸港）B4 Before在...之前BIMCOBaltic international maritime conference波罗的海国际航运公会BIZ Business业务B/L or BS/LBill of lading/bills of lading提单B/M Below mentioned如下所述BOD Bunker of delivery交船存油BOR Bunker of redelivery还船存油BSS Basis基于BT Berth terms泊位条款BTWBy the way顺便问一下B/W/ABerth/Wharfage/Anchorage泊位/码头/锚地(C)CAPA Capacity容量，仓容CBF Cubic feet立方英尺CBM Cubic meter立方米CGO Cargo货物CLC Civil liability convention国际油污损害民事责任公约CNFM Confirm确认CHOPTCharterer's option租船人的选择权，租家选择CHTR Charterer租船人COA Contract of affreightment包运合同COGSACarriage of goods by sea act海上货物运输法CONS Consumption消耗，耗量C/P Charter party租约CQD Customary quick despatch按港口习惯速度速遣（指装卸货）CTL Constructive total lost推定全损CTM Cash to master船长借支(D)D/D Dry docking干坞，入干坞DELY Delivery交船（一般用于期租或航次期租）DEM Demurrage滞期，滞期费DEP Departure离开，离港DEM/DESDemurrage/Despatch滞期，滞期费/速遣，速遣费DEV Deviation绕航DF Dead freight空舱费DHD Despatch half demurrage速遣费是滞期费的一半DISCH Discharge卸货DISPORTDischarge port卸货港DLOSP Dropping last outward sea pilot最后一程离港海引水下船（之时）DNV Det norske veritas挪威船级社DOP Dropping outward pilot离港引水下船（之时）DOSP Dropping outward sea pilot离港海引水下船（之时）D/O Dilivery order提货单（小提单）DTG Distance to go（离目的港）还要行驶的距离DTLS Details细节DUR Duration期间，持续时间DWCC Deadweight cgo capacity可载货物吨容量DWT Deadweight tons载重吨(E)EIU Even if used即使已使用ERLOADExpected ready to load预计准备装货ETA Expected time of arrival预计抵达时间ETB Expected time of berth预计靠泊时间ETCL Expected time of commence loading预计开始装货时间ETCD Expected time of completion of discharge预计卸货完毕时间ETD Expected time of departure预计离港时间ETR Expected time of redelivery预计还船时间E/V/C Eentertainment/victualling/cables招待/通讯(交通)费FCC First class charterer一流的租船人FD Freight and demmurrage运费和滞期费FDD Freight and demmurrage and dispatch运费，滞期费和速遣费FHEX Fridays and holidays excluded星期五和节假日除外FHINC Fridays and holidays included包括星期五和节假日FILO Free in liner out租船人承担装货费，船东承担卸货费FIO Free in and out租船人承担装卸货费FIOS Free in and out and stowed租船人承担装卸货费,和堆装费FIOST Free in and out and stowed and trimmed租船人承担装卸货费,和堆装费，平仓费FIOT Free in and out and trimmed租船人承担装卸货费,和平仓费FLWG Following下列FM From从FOC Flag of convenience方便旗FRT Freight运费FW Fresh water淡水FWD Forward向前FYG For your guidance供你指导FYI For your information给你提供信息FYR For your reference供你参考G/A General average共同海损GLESS Gearless无吊货设备GMT Greenwich mean time格林威治时间GRD Geared有吊货设备GRT Gross registered tonnage (船舶）登记毛重(H)HA/HO Hatchs/holds舱口/舱HC Hatch coaming舱口围H+M Hull and machinery船壳及机械设备HMMHyundai Merchant Marine现代商船HSS Heavy grain, soyas, sorghum重粮,黄豆，高粱(I)IAGWIf all going well如果一切进行顺利ILOHCIn lieu of hold cleaning替代（最后）扫舱（工作）IMM Immediately立即IMO International maritime organization国际海事组织INFOInfomation信息，消息INT Intention意向ITF International transport worker federation国际海运劳工联盟KAOKaohsiung高雄KEE Keelung基隆KTS Knots节/海里(L)LAT Latitude纬度LYCN Laydays and cancelling date船舶受载期及解约日L/C Letter of credit信用证LCL Local当地的LDG Loading装，装货LIFO Liner in and free out船东承担装货费，租家承担卸货费LOA Length overall（船舶）全长LOI Letter of indemnity保函LONG Longitude经度L/S/D Lash/Separate/Dunnage绑扎／分票／垫舱LTBENDSLiner terms both ends船东承担装卸费(M)MED Meditteranean sea地中海MOLCO More or less on chaterer's option租船人选择或多或少MOLOO More or less on owner's option船东选择或多或少MOM Moment一会，片刻MPP Multi purpose多用途M/R Mate's receipt大副收据(N)NA Not applicable不适用NAABSA Not always afloat but safty aground不永远漂浮，但可以安全搁浅NBR Number数目，数量NDFCAPMQS No deadfreight fr chtr's acct provided minimal quantity supplied 即使租家提供了最小的货量也不用支付亏舱费NK Nippon kaiji kyokai日本船级社NOR Notice of readiness装卸准备就绪通知书NORA Notice of readiness accpted接受装卸准备就绪通知书NORT Notice of readiness tendered递交装卸准备就绪通知书NRT Net registered tonnage（船舶）登记净重NTC Not count不计数，不算NTD Noted知道了NXT Next下一个NYPE New york produce exchange纽约土产(O)OA Overage超龄OAAOOP On arrival at or off port到达港内或港外OAP Overage premium超龄保险费O/T Over time加班OWISE Otherwise否则，另外(P)P.A. Per annum每年P/A Particular average单独海损PC(GO) Part cargo部分货物PCT Percent百分比，百分之P/D Port disbursement港口使费PDPR Per day pro rata每天，不足一天的按比例PICO Port in charterer's option港口由租家选择PKLG Port Klang巴生港PNI/P&I Protection and Indemnity保障与赔偿，保赔险PPSE Propose建议，打算，提供PPTPrompt即刻PWWD Per weather working day每个晴天工作日(R)RCPT Receipt收条，收据RCVD Received收到RECAP Recapitulation概括REDLY Redelivery还船(期租，或航次期租）REF Reference参考RGDS Regards问候ROB Remaining on board剩在船上ROC Refer to our cable参阅我们的电报ROT Refer to our telex/Rotterdam参阅我们的电传/鹿特丹RVT Revert后告(S)SA(S) Safe anchorage(s)安全锚地SB(S) Saft berth(s)安全泊位SBM Soya bean meal豆粕SCHDL Schedule时间表，计划表SDSTBC Single deck self trimming bulk carrier单甲板自动平舱散货船SF Stowage factor积载因数SHEX Sundayn and holidays excepted星期日和节假日除外SHEX EIU Sundayn and holidays excepted even if used星期日和节假日，即使已使用也除外SHEX UU Sundayn and holidays excepted unless used除非已使用，星期日和节假日除外SHINC Sunday and holidays include包括星期日和节假日SOA Statement of account对帐单，结单SOF Statement of fact事实记录SP(S) Saft port(s)安全港口SSHEX Saturday, sunday and holidays excepted星期六，星期日和节假日除外STOA Subject to owner's approval有待船东同意SUB Subject to有待于……SW Sea water海水SWL Saft working load安全工作负荷(T)TBN To be nominated待指定TC Time charter定期租船TCT Time charter on trip basis航次定期租船TD Tweendeck二层甲板，二层柜TEU Twenty foot equivalent unit标准箱TFTropical fresh热带淡水TELCONTelephone conversation电话内容THRUThrough通过……TIP Taking inward pilot进港引水上船TNDR Tender递交（U）UCAE Unexpected circumstances always except无法预见的情形除外USC Unless sooner commenced除非马上开始(W)W/I Within在...之内WOG Without guarantee不保证WP Weather permit天气允许WR AP War risk additional premium战争附加险保费W.W.W.WWhether in port or not, Whether in berth or not, Whether customs cleared or not, Whether in free pratique or not不论是否进港，不论是否靠泊，不论是否已清关，不论是否已通过检疫（用于递交NOR)WWFWharfside workers federation码头工人联盟(Y)YAR York-antwerp rules约克-安特卫普规则YR Year or your年或你的。
BILLS OF LADING
BILLS OF LADINGSigning B/Ls when intaken quantity disputedENQUIRY: Vessel completed loading and according to vessel’s figures the quantity loaded was 15897 metric tons, whereas the BILLS OF LADING figure was 16919 metric tons.Please advise best course of action open to Master to protect owner’s interests:1)to sign Bills of Lading and issue a letter of protest2)not to sign such Bills of Lading3)to sign the Bills of Lading issuing a letter of protest and make a reservation in the Bills of Lading.BIMCO’s ad vice was sought by our member as to which of the above alternatives should be applied by owners.REPLY: Alternative 3) outlined in you enquiry is the proper approach to cases where the quantity at loading port is in dispute. This is explained as follows in the handbook entitled Handy Book for Shipowners & Masters by H.Holman:“When the bills are presented to him for signature the master should check the statements therein against the tallies and the mate’s receipt. If the quantity of goods stated in the b ills of lading to have been shipped differs from the quantity recorded in the tallies and receipts the master must qualify the bills of lading statement accordingly, in order to protect his own interests. For if he sued by the consignee or indorsee of the bill he may rarely dispute the accuracy of the bills of lading statement as to quantity…. A shipowner is not, however, bound by an inaccurate statement as to quantity of goods shipped in a bills of lading signed by the master, but in an action for short delivery the burden is on him to prove that the quantity shipped was less than that represented in the bills of lading”.As will be seen from the above, it is, therefore, of the utmost importance that the Master if he has good reason to doubt the quantity of cargo stated in the Bills of Lading, makes an appropriate remark in the bills of lading.Releasing B/Ls on completionEnquiry: The vessel was fixed to load minimum/maximum 500m/tons bag sugar. Shippers appointed surveyor and owner employed tally clerks. The loaded quantity according to the surveyor was 5000m/tons, 100000 bags whereas owner’s tally revealed that only 99894 bags had been loaded, i.e. a shortage of 106 bags.After completion of loading the vessel was ordered to sail although the matter remained unresolved, and owners refused to release bills of lading. Lorry chits seemed to corroborare shipper’s figures and there were no practicable possibilities to attempt to remedy the situation since the vessel had left the loading port.BIMCO was requested to comment as to whether owners could rightfully refuse to release bills of lading and whether there would be basis for a claim against owners for loss of time which may be incurred at port of discharge.Reply: Initially we would say that it is not possible for the Secretariat to establish as a matter of fact whether owner’s or charterer’s figures are the correct ones. This said, the general position is that refusal to release bills of lading on completion of loading is not a remedy available to owners. According to Article1 3(3) of the Hague Rules (similar requirement appear in Article 14 of the Hamburg Rules)”…the carrier shall, on demand of the shipper, issue to the shipper a bill of lading….” And, hence, it may be argued that reluctance to release the bills of lading istantamount to an infringement of such rules. The proper approach is that the vessel should remain at the loading port until the problems have been solved. Not only because charterers/shippers should be given the possibility to gain access to the cargo loaded and, in case of need arrange a fresh tally of the cargo, but certainly also because the delay at loading port may be much shorter than what may be expected at discharging port where the vessel could, in principle, wait indefinitely if the problem is not solved and if a practical solution for some reason cannot be achieved.It is common ground that charterers/shippers cannot expect that master/owner should expose themselves to shortage etc. claims by signing and releasing bills of lading containing details of the cargo which master has reason to believe to be incorrect. Occasionally it happens that attempts are made to try to persuade owners/master to sign “clean” bills of lading against a Let ter of Indemnity although cargo is not “clean”. Such a Letter of Indemnity is, however, unenforceable and is, therefore, not worth the paper it is written on if charterers for some reason should feel disinclined to adhere to it.The governing charter apparently requires “clean” bills of lading to be issued and a bill of lading which is qualified as to the quantity stated therein would be considered to be “unclean”. All the more reason for the vesse l to have remained at loading port until the problems had been solved. Such situation was considered in inter alia the “Boukadoura” judgment summarized on. Although this may have added to the problems, it should be kept in mind that there is an underlying principle pertaining to a contractual requirement for “clean” bills of lading which is that if cha rterers/shippers need “clean” bills of lading to be issued then they must see to it that the cargo supplied for shipment is indeed in such condition that there will be no need for superimposed remarks pertaining to the condition etc. of the cargo, i.e. the master is not compelled to issued “clean” bills of lading irrespective of the circumstances. Put in another way, master’s right and duty to endor se bills of lading if the condition etc. of the cargo so warrant, within the realm of the characterers’ respon sibility to supply cargo which warrants no remarks and which will enable master to sign “clean” bills of lading accordingly.It is difficult to suggest a solution which would once and for all solve the present problems. As mentioned above the vessel should have remained at loading port which, however, she did not and considering that the ship is only two days away from port of discharge ordering her to return to port of loading is probably not a viable alternative. Had the vessel remained at loading port, the assumption is that time would have been lost sorting out the problems pertaining to the alleged shortage. If it is further assumed that there is merit in the master’s allegation pertaining to the shortage, then as it follows from the Boukadoura judgment the loss of time should prima facie be absorbed by the charterers.As it is, it cannot, however, be excluded that if more time is lost at port of discharge than what was likely to be lost had the vessel remained at loading port, then owners may have to defray some or all of the time lost if the charterers can demonstrate that the proximate cause of the excess delay stems from owners’ decision to order the vessel to leave loading port before the problems pertaining to the cargo quantity to appear in the bills of lading were settled. The “second best” alternative in terms of a practical solution trying to alleviate the present stalemate may be to attempt to discharge the cargo either against satisfactory guarantee in lieu of non-presentation of bills of lading or into custody pending further discussion pertaining the bill of lading quantity and, subsequently, presentation of bills of lading at port of discharge. This should, however, not be done without the involvement of owners’ P&I club. In connection with the discharge it may appeal to the parties to arrange a survey and although such survey cannot be considered conclusive still, it may serve as support for either owners’ or charterers’ position with regard to quantity of cargo loaded.No original B/L—no delivery of cargoFrom time to time the BIMCO Secretariat has issued warnings and recommendations pertaining to delivery of cargo without production of original bill of lading. As may be expected the problem will not go away. To the contrary it seems that the cases in which attempts are made to induce owners to accept clauses whereby the cargo must be delivered without production of original bill of lading are on the increase. It is we think apposite to outline the general position pertaining to delivery of cargo without production of original bill of lading.This is well illustrated by Lord Denning who in the Sze Hai Tong Bank v. Rambler Cycle Co.[1959]2 Lioyd’s Rep. at page 120 said, inter alia:“It is perfectly clear law that a ship owner who delivers without production of the bill of lading does so at his peril”.Consequently, the risk element if cargo is delivered without the original bill of lading will rest with owners. By analogy it may be concluded, therefore, that if there is no bill of lading there is not delivery of cargo; master/owners are not compelled to deliver cargo until the proper and autherntic bill of lading is presented.Clauses like the following“Should Bills of Lading not arrive at discharging port in time then Owners agree to re lease the entire cargo without presentation of the original Bills of Lading” are, unfortunately not uncommon. It must be kept in mind, however, that acceptance of clauses of this type may lead to financial catastrophe for the owners. There have been cases in which vessel were arrested for months because the cargo was delivered to the wrong party, and even subsequent sale of the ship by auction. This situation is brought about because owners cannot count on P&I cover in case of claims if they agree to clauses such as the one quoted above.Hence, the words of Lord Denning may mean exactly what they say; owners may have to face the dire consequences themselves if things go badly wrong.It is not infrequent that cargo interests propose a way out of the difficulties by suggesting that one original bill of lading is sent as “ship’s mail” to be handed over to a named person. The problem with this approach is that the master has no way of knowing whether that named person actually holds title to the cargo, which would not be the case of the cargo has been sold and re-sold during the voyage. In such case a duly endorsed original bill of lading is reuired and the one sent as “ship’s mail” will not do.Another method of attempting to overcome the difficulties is to is sue a “Letter of Indemnity”. Whilst this method is workable, it should be kept in mind that it should only be the wording as approved by the P&I Club which should be used, accepted. The point is that it is the owners’Club which will decide whether or not owners would be covered in the particular situation and as mentioned above the Club may feel disinclined to cover owners if they have accepted a dubious “letter” the contents of which the issuer may be unab le or unwilling to comply with. Consequently, there are two options available to the cargo interests:1.To produce the original bill of lading, or2.To provide a satisfactory guarantee in lieu of delivering cargo without production of the original bill of lading.This should mean, in practice, that the P&I Club is consulted either to approve a proposed wording, or to suggest a suitable wording of such guarantee, letter or indemnity.The Secretariat has been confronted with cases in which attempts had been made to coerce master/owners todeliver cargo although neither bill of lading nor satisfactory guarantee was presented on the pretext that the ensuing loss of time until discharge commenced should be absorbed by owners.Considering that master/owners are not compelled to deliver cargo unless and until either of the above-mentioned two alternatives have been complied with, owners cannot be saddled with the ensuing loss of time. For example, in S.,.A. Award No.1759, summariz ed on the panel unanimously concluded that owner’s refusal to discharge the vessel until a bill of lading or suitable form of guarantee was presented, was correct and proper. The charterers did propose a form of guarantee which was not, however, found acceptable. The owners required a guarantee in the form generally accepted by their P&I Clu b. The panel found no fault in owners’ conduct. The vessel was fully available to the charterers and was, in fact, awaiting the presentation of bills of lading or a suitable bank guarantee and, hence, the ensuing loss of time should be defrayed by the charterers. Readers should be guided accordingly.T/C- B/Ls SIGNATUREThe Secretariat has recently been confronted with enquiries concerning the implications of provisions in the time charter party pertaining to signing bills of lading on master’s behalf. T hat time charterers wish to have the possibility to sign bills of lading on master’s behalf is, of course, nothing new nor is it questionable per se. There is, however, cause for alarm when the clause reads as follows:“Charterers and/or their agents are hereby authoriz ed by owners to sign, on master’s behalf, bills of lading as presented in accordance with the mate’s receipts without prejudice to this charter party, but charterers to be responsible for all consequences that might result form charterers and/or agents signing bills of lading not adhering to the remarks in mate’s receipts”At first glance the clause may appear to be a reassuringly familiar express indemnity, but the words underlined are tantamount to a carte blanche for time charterers or th eir agents to sign “clean” bills of lading even if mate’s receipts contain remarks as to the apparent condition etc. of the cargo which should, therefore, also appear in the bills of lading. Hence, if charterers decide to issue “clean” bills of lading irre spective of the fact that the apparent condition of the cargo may warrant remarks therein. The ensuing liability when a cargo claim is lodged by receivers/consignees will rest with owners.If one envisages a situation in which time charterers cannot or will not adhere to the indemnity owners may find that the indemnity is unenforceable, i.e. the courts will decline to handle a case involving such an indemnity. Similarly, owners may find that their P&I Club will decline to cover owners because, it is submitted, the above indemnity is similar to “indemnities” proposed by charterers under voyage charter parties against owners/master signing “clean” bills of lading although the cargo is not “clean”Consequently, provisions such as the one quoted above should not find their way into the charter party. We would refer to clause 30 of “NYPE93” which leaves no option but to issue/sign bills of lading in conformity with mates or tally clerk’s receipts even though time charterers may sign bills of lading on master’s b ehalf. Readers are also referred to the article which appeared on See Bulletin 6/93 or Forms of Approved DocumentsVoyage chartering- “Ocean” bill of ladingFrom time to time the Secretariat is requested to supply a specimen of an “ocean” bill of ladi ng. It appears that the query originates from the letter of credit or contract of sale/purchase of a commodity which may refer to theissuance of an “ocean bill of lading”. For example,article 23 of ICC’s “UCP500” defines “Marine/Ocean Bill of Lading”. Hence, the charterers request owners to issue such an “ocean” bill of lading.As far as BIMCO is concerned, an “ocean” bill of lading is any bill of lading which is designed and used for seaborne transport, eg the “Congenbill”, “Conlinebill”, etc..Apart f rom the problem that there is, as far as we know, no bill of lading form titled “Ocean” bill of lading, the above definition contained in “UCP500” actually appears to define a “liner” bill of lading, partly because the definition may support this view and partly because there is another article (article25) of “UCP500” which defines “Charter party Bill of Lading”.Consequently, if parties in a sale/purchase of commodity agreement or letter of credit merely refer to an “ocean” bill of lading having to be issued and one of the parties subsequently proceeds to charter a vessel under a charter party and the proper charter party bill of lading is issued accordingly, parties may unwillingly have landed themselves in a lot of trouble if the buyer’s bank refuses to release funds because the bill of lading does not correspond with the type of bill of lading as defined in article 23 of the “UCP500” rules.An additional difficulty may be that the people in the banks checking cargo documents in a particular transaction may by reluctant to approve bills of lading which appear not to be “ocean” bills of lading because the word “ocean” appears nowhere in the particular bill of lading.In theory this is not, of course, the shipowners’ problem.In practice, however, it frequently turns out to be just that; when being faced with a situation in which no money is forthcoming under the sales agreement, cargo interests will exert quite a lot of pressure upon shipowners to issue a fresh set of bills of lading.The preferred appro ach is to request owners to issue “liner” bills of lading.The point is that it is probably a less unattractive alternative to attempt to persuade the ship owners to comply with cargo interests’ requirements than it is, for instance, to amend the terms of the letter of credit.It is realized that there may be commercial considerations which may dictate that shipowners comply with charterers’ request.It should be kept in mind, however, that issuing “liner” bills of lading under a voyage charter will in a ll probability result in trouble.This is so because the documents are essentially designed to be used in different circumstances and, hence, the terms of the documents are incompatible.This means that, by issuing a “liner” bill of lading under a voyage charter party, owners have signed two documents each containing its own terms pertaining to the provisions covering the transport aspect, i.e. owners may have, for instance, a “free out” charter party as well as a “liner out” contract (the “liner”) bill o f lading.As far as owners are concerned, they may be under the impression that it is the “F.I.O” charter party which will govern matters at port of discharge.This is, however, by no means an absolute.The first problem which may be envisaged is that chaterers and consignees cannot agree which of the two should defray stevedoring expenses.This may result in idle time for the ship, and even if laytime and/or demurrage, as the case may be, may be running still, it is not a very attractive situation for owners if the vessel is seriously delayed; owners may have felt compelled to agree to an inadequate rate of demurrage on top of which the vessel may miss the canceling for the next employment.In addition to delay to their ship, owners may also faced with a situation in which charterers have agreed with consignee to arrange and pay stevedoring at discharge but have failed to do so.The consignee having purchased a “liner” bill of lading may demand delivery of the cargo, and since it is not the consignee who is to pay, etc., for stevedoring, the ensuing expenses must be defrayed by owners who will then have to attempt to seek reimbursement from charteres.Should owners, however, decide that the particular circumstances would dictate that they at least consider charterer’s proposal, the matter should be approached, as illustrated above, with the utmost caution, and owner would be well advised to consult their P&I Club before issuing “liner” bill of lading under a voyage charter party.“Clean” Bills of LadingIt is well established that the master is not compelled to sign “clean” bills of lading if the apparent order and condition of the cargo is such that appropriate remarks in the bill of lading in this respect would be warranted.The Secretariat has recent ly been confronted with disputes concerning signing of “clean” bills of lading even though the cargo loaded was defective. The charter parties contained provisions according to which “clean” bills of lading were to be issued/signed, and it would appear that chaterers thought that they could circumvent the general position briefly outlined above, by including such provisions in the charter party. In other words, since the charter party contained clear words to the effect that “clean” bills of lading were to be issued, charterers held the view that the master had no choice but to sign such bills of lading regardless of the actual apparent order and condition of the cargo. This is not, however, correct. The starting point is that, if charterers wish to have “clean” bills of lading issued, they must see to it that the cargo is in such condition that the master will not have to put remarks as to the apparent order and condition of the cargo in the bills of lading., i.e. charterers must arrange for delivery of cargo which is not defective. Consequently, it may be said that a provision in the charter partly which prescribes that “clean” bills of lading are to be issued is a provision which prima facie compels charterers to deliver “clean” cargo, and it does not preclude the master from making appropriate remarks in the bills of lading should circumstances so warrant.There may be charterers who, when confronted with owners prepare to stand their fround may attempt to propose a letter of indemnity in lieu of signing “clean” bills of lading contrary to the factual condition of the cargo. BIMCO invariably warns against accepting such an indemnity. It is tantamount to fraud and the indemnity will be unenforceable and, hence, not worth the paper it is written on. It should be kept in mind that a possible delay in sailing leaving aside the fact that such delay should be absorbed by the charterers- is to be preferred to the staggering claims which owner may have to face if they agree to issue “clean” bills of lading against such an unenforceable letter of indemnity. Whenever such situations arise owner are well advised to consult their P&I Club.。
签发提单
第二十六篇签发提单（Bills of Lading）(NYPE 46第78-79行)------------------------------------------------‚8.… the Captain, who is to sign Bills of Lading for cargo as presented, in conformity with Mate’s or Tally Clerk’s receipts.‛在NYPE 93中, 相关的条款是第30条, 内容增加了不少, 会在本篇提及。
------------------------------------------------26.1 所呈上(As Presented) 的含意在NYPE 46及93年格式均有‚所呈上‛(as presented) 一词, 意味着是承租人而不是船东有权选择任何形式的提单不管是班轮提单或是其他特色的提单, 为了配合承租人自己营运/分租等业务的不同要求。
承租人自己格式的提单包括例如中远或中海提单格式, 或承租人出的‚运费预付‛提单, Conlinebill班轮提单或十分普遍被使用的Congenbill等。
在The Berkshire1, Brandon大法官说:-‚The effect of such a clause [NYPE 第8条款] in a charter party is well-settled. In the first place, the clause entitles the charterers to present to the master for signature by him on behalf of the shipowners bills of lading which contain or evidence contracts between the shippers of goods and the shipowners, provided always that such bills of lading do not contain extraordinary terms or terms manifestly inconsistent with the C/P; and the master is obli ged, on presentation of him of such bills of lading, to sign them on the shipowners’ behalf. In the second place, the charterers may, instead of presenting such bills of lading for the master for signature by him on behalf of the shipowners, sign them themselves on the same behalf. In either case, whether the master signs on the directions of the1[1974] 1 Lloyd’s Rep 185.charterers, or the charterers short-circuit the matter and sign themselves, the signature binds the ship owners as principals to the contract contained in or evidenced by the bills of lading.‛这是至今对船东同意承租人去签发所呈上提单(sign bills of lading as presented) 最重要的解释。
2012货代英语词汇(货代英语必考词汇)
International trade: 国际贸易GDP (gross domestic product) 国民生产总值，国内生产总值Industrialization 工业化Globalization 全球化Multinational corporation: 跨国公司Factors of production 生产要素Labor-intensive goods 劳动密集型产品International finance 国际金融Exchange rate: 外汇汇率Transfer risk: 转让风险Exchange controls: 外汇管制WTO (world trade organization): 世界贸易组织Uruguay Round: 乌拉圭回合Multilateral trade: 多边贸易The International Monetary Fund 国际货币基金组织The World Bank 世界银行Outsourcing 外包Trade barrier 贸易壁垒Import duties: 进口税Import/export license：进口/出口许可证Import quota: 进口配额Tariff: 关税Non-tariff barrier: 非关税壁垒Market research 市场调研Offer: 发盘Shipping space: 舱位Customs clearance: 报关，清关Loading: 装货Shipping advice: 装运通知Redemption of documents: 赎单Delivery of goods 交货Freight forwarder 货运代理人Commission agent: 委托代理人Modes of transport: 运输方式A comprehensive package of services: 全面的一揽子服务Consignor: 发货人Consignee: 收货人Carrier: 承运人Forwarders’ Certificate of Receipt: 代理人收货证明书Forwarders’ Certificate of Transport: 代理人运输证书L/C (letter of credit): 信用证Foreign exchange transaction: 外汇交易Freight: 运费Bills of lading: 提单13个贸易术语（略）Trade terms 贸易术语，贸易条款ICC ( International Chamber of Commerce) 国际商会Incoterms（International Rules for the Interpretation of Trade Terms）国际贸易术语解释通则International Trade practices 国际贸易实践，国际贸易惯例Inspection 检验Inland waterway transport 内河运输Multimodal transport 多式联运UCP 《跟单信用证统一惯例》Banking industry 银行业Transport industry 运输业Insurance industry 保险业Trader: 交易者Tender: 提交Issuing bank: 开证银行Confirming bank: 保兑银行Nominated bank: 指定银行Advising bank: 通知银行Examination of documents: 单证审核Commercial invoice: 商业发票Transshipment: 转船运输Terms of contract 合同条款Terms of shipment 装运条款Time for shipment 装运时间Partial shipment 分批装运Break the contract 违约Expiration date 有效期Presentation of documents 交单Applicant: 申请人Beneficiary: 受益人Negotiating bank: 议付行Documentary draft: 跟单汇票SWIFT：环球银行间金融电讯协会Notification: 通知Documentary Credit: 跟单信用证Clean Credit: 光票信用证Irrevocable Documentary Credit: 不可撤销跟单信用证Term of validity: 有效期Confirmed Credit: 保兑信用证Unconfirmed Credit: 不保兑信用证Guarantee: 保证，担保Sight Credit: 即期信用证Time Credit: 远期信用证Sight payment credit: 即期付款信用证Sight negotiation credit: 即期议付信用证Deferred payment credit: 延期付款信用证Acceptance credit: 承兑信用证Sight payment credit: 即期付款信用证Anticipatory credit: 预支信用证Revolving credit: 循环信用证Transferable credit: 可转让信用证Back-to-back credit: 背对背信用证Transshipment point: 转运地Inland center: 内陆中心Conference lines: 班轮公会运输Non-conference lines: 非班轮公会运输Non-vessel operating common carriers (NVOCC) 无船承运人Tramp service: 不定期船运输Shipping conference 班轮公会Ports of call: 挂靠港Loyalty arrangements: 忠诚协议Shipper 托运人Independent carriers: 独立承运人Bills of lading: 提单Sea waybills: 海运单Manifests: 货物舱单Shipping notes: 托运单Delivery orders: 提货单Mate’s receipts: 大副收据Document of title: 物权凭证Endorsement: 背书Port authorities: 港务局Charter party 租船合同Voyage chartering 航次租船Shipowner 船东Single voyage 单程航次Discharging ports 卸货港Bale and grain capacity 包装和散装容积GENCON “金康”格式Time chartering 定期租船Charterer 承租人（租船人）NYPE “纽约土产”格式BALTIME “波尔的姆”格式Bareboat chartering 光船租船BARECON “贝尔康”格式BIMCO 波罗的海国际航运协会Marine Bills of Lading 海运提单Consignment of goods 货物托运Destination 目的地Document of title 物权凭证Port of destination 目的港Order bills of lading 指示提单Straight bills of lading 记名提单Shipped bills of lading 已装船提单Shipped in apparent good order and condition 已装船外表状况明显良好Received for shipment bills of lading 收货代运提单Direct bills of lading 直达提单Through bills of lading 联运提单Clean bills of lading 清洁提单Foul/unclean/dirty/claused bills of lading 不清洁提单Clean on board 清洁已装船Insufficient packing 包装不良Port agent 港口代理Notify party 通知方Arrival Notice 到货通知Ocean freight rates 海运运费率Tramp rates 不定期船运费率Liner freight rates 班轮运费率Liner operator 班轮营运人Fixed cost 固定成本Variable cost 可变成本Stores 物料费Administrative cost 管理成本Interest 利息Depreciation 折旧Stowage factor 积载因数Cost of service 服务成本Break bulk cargo 件杂货Open market rate 公开市场费率Adjustment factors 调整因素Currency adjustment factor (CAF) 货币贬值调整因素；货币贬值附加费Port congestion surcharge 港口拥挤附加费Commodity Box Rates (BAF) 分货种包箱费率Freight All Kinds (FAK) Rates 均一运费费率；不分货种运费费率Lump sum rate 整笔运费费率Average utilization 平均使用率Insurable interest 保险利益（原则）Utmost good faith 最大诚信（原则）Proximate cause 近因（原则）Indemnity 最大赔偿原则The assured/insured 被保险人The insurer/underwriter 保险人Subject matter insured 保险标的Amount insured 保险金额Insured against 投保Insurance premium 保险费Consideration 对价Bulk shipment 整批装运Insurance policy 保险单Insurance certificate 保险凭证Endorsement 批单Original 正本Insurance coverage 保险险别，保险范围PICC Ocean Marine Cargo Clauses 中国人民保险公司海上货物运输保险条款Free of Particular Average (FPA) 平安险Particular average 单独海损Constructive total loss 推定全损Natural calamities 自然灾害General average 共同海损Salvage charges 救助费用Port of distress 避难港With Particular Average (WA/WPA) 水渍险All Risks 一切险External causes 外部因素General additional risks 一般附加险Special additional risks 特别附加险Exclusions 除外责任Intentional act or fault 故意行为或过失Ordinary loss 自然损耗Inherent vice 固有缺陷Institute Cargo Clause 协会货物保险Land conveyance 内陆运输General average sacrifice 共同海损牺牲Import-export trade 进出口贸易Arrival 到港Departure 离港Entry Inwards 进口报关单Import Manifest 进口舱单，进口载货清单Load line 载重线Entry Outwards 出口报关单Port clearance 结关单Export Manifest 出口舱单，出口载货清单Bill of Entry 报关单Customs Declaration 报关Inward Permit 进口许可证Visual inspection 肉眼检查Chemical test 化学检验Banker’s note 银行发票Shipping Bill 装运单Export Declaration 出口报关单Outward Export Permit 出口许可证Packing list 包装单Controlled goods 受管制货物Inspection certificate 检验证书Health certificate for live animal 活动物健康检疫证书Rail transport 铁路运输Road transport 公路运输Long haul 长途运输Local collection and distribution 本地集散Convention de Merchandises Par Routes (CMR) 国际公路货物运输合同公约Take possession of the goods 接管货物Delay in delivery 延迟交付Defective condition 不良状态Consolidation 合并运输Consolidator 合并运输人Groupage 拼箱Full container loads (FCL) 整箱货Less than carload lot (LCL) 零担货物House bill of lading 货代提单Wholesale 批发Retail 零售Bargaining strength 讨价还价能力Multimodal transport 多式联运Segmented transport 分段运输Enter into separate contracts 签订不同的合同Multimodal transport operator 多式联运经营人Tying-up of capital 资金紧张Through freight rate 联运运费Settlement of claim 索赔的处理，索赔结算Competitive position 竞争能力，竞争地位Inland waterways 内陆水路（运输）Mini-bridge 小陆桥（运输）Land bridge 陆桥（运输）Piggyback 驮运Sea train 火车车厢运输船High value item 高等价值物品Long haul 长途运输Country of origin 原产国，起运国Flat rate 统一费用Land transportation 陆上运输Trunk hauls 货车运输Door-to-door 门到门Supply chain 供应链Value chain 价值链Demand chain 需求链Strategic positioning 战略定位Operating efficiency 运营效率Logistics 物流The Council of Logistics Management [美国]物流管理协会Inventory 库存Order processing 订单处理Warehousing 仓储Materials handling 物资搬运Packaging 包装Facility network 设施网络Inventory strategy 库存策略Financial investment 财政投资Time-based performance 时间性绩效Competitive performance 竞争性绩效Core customer 核心客户Transportation integration 运输整合Product profitability 产品利润率Finished product 制成品Work-in-process 在线产品Market distribution 市场分销Manufacturing support 制造支持Procurement 采购Supplier 供应商Manufacturer 制造商Shipment provider 出货人Distributor 经销商Sales representative 销售代表Development 研发Corporate infrastructure 公司基础设施Product management 产品管理Business transaction 商业交易Marketing 营销Advertising 广告Geographic boundary 地理边界Real-time trading 实时交易Financial activity 金融活动Cash check 现金支票Stock 股票Loan 贷款Intelligent program 智能程序Personalization 个人化Privacy invasion 隐私侵犯Copyright infringement 侵犯著作权Intellectual property 知识产权Digital signature 数字签名Digital certificate 数字证书Online transaction 在线交易Business correspondence/letter 商业信函，商业书信7C 原则中英文Block style 齐头式Modified block style 改良齐头式Official title 官衔Complimentary close 结尾敬语Date line 日期行Inside address 封内地址Salutation 称呼Subject line 事由行Copy notation 抄送Air freight 航空货运Make a connection 中转Government regulations 政府管制Freight shipment 货运Travel agency 旅行社Government office 政府机构Shipping clerk 运务员Reservation agent 预定员Air freight agent 航空货运代理Air waybill 航空货运运单Baggage compartment 行李舱Shipping point 装运地Passenger fare 客运费Special rate 特殊运费率Pay in advance/prepay 预付Credit card 信用卡Payment on delivery 交货后付款General public 公众，群众Personal effect 私人用品Shipping business 航运业Customs broker 海关代理Arriving passenger 到港旅客Sales personnel 销售人员Ticket agent 票务员Air Waybill 航空货运单Freight bill 运费单Customs declaration 海关申报Consolidated shipments 集运货物House air waybill 分运单Master air waybill 主运单Airport of departure 启运机场Originating counterpart 起运方Substitute AWB 分运单Over-carried 漏载Transit goods 转口货物，过境货物Originating station 起运站Neutral AWB 中性航空运单Fully loaded aircraft 满载飞机Cargo Manifest 货物舱单Check list 核查单General declaration 总申报单Air terminal 航空货运站Reception Check List 收货核对清单Premanifest 预配舱单Ground handling 地面工作，地勤作业Hazardous goods 危险品Valuable cargo 贵重货物High-density cargo 高密度货物Low-density cargo 低密度货物Cut-off point 分界点General Cargo Rates 普通运价Minimum Charges 最低运价Class Rates 等级运价Specific Commodity Rates 指定商品运价Bulk Unitization Rates 大宗货集装运价Contract FAK Rates 全包价International Air Transport Association (IATA) 国际航空运输协会Unit Load Device (ULD) 载具Pivot weight 基准重量Tonnage 载重量。
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Receipt for the goods
Receipt is a key function of bill of lading. Accurate statement of the condition of the goods upon receipt (for comparison upon discharge). “Condition” based on reasonable outward inspection. Right of shipper to demand a bill of lading (stating quantity/weight, apparent good order and condition etc – see below). Statement as to quantity and/or condition is prima facie evidence of quantity/condition of cargo loaded and creates estoppel when bill of lading is in the hands of a third party. The burden is then on the shipowner.
Bills of Lading Andrew Rourke, Legal Director, Clyde & Co LLP
17 October 2011 Sinochem, Beijing
Introduction
Three functions of bills of lading Bills of lading and charterparties Letters of indemnity “Switch Bills”
Hale Waihona Puke Content of bill of lading
Hague/Hague- Visby Rules (Art III r3) give shipper right to demand B/L containing following:
leading marks number of packages/pieces, quantity/weight (as furnished in writing by the shipper) statement of apparent good order and condition of the goods
“Switch Bills”
Substituting bills of lading with different details not uncommon, but is risky. “No doubt this provision for a second set of bills of No lading to come into existence was agreed for not unreasonable commercial motives but it is a practice fraught with danger; not only does it give rise to obvious opportunities for fraud (which is not suggested in this case) but also, if it is intended that the bills of lading should constitute contracts of carriage with the actual owner of the ship (as opposed to any disponent owner), the greatest care has to be taken to ensure that the practice has the shipowner’s authority” Longmore, J The Atlas [1996] ” Lloyd’s Rep 642 Risks include assisting in a fraudulent or illegal act, liability for misdelivery etc interfering with security, contract of carrieage etc Surrender of all original bills upon substitution is vital.
Receipt for the goods (2)
Clean bill of lading is not claused (“clausing” notes, for example, damage) Cargo often expressly stated to be “clean on board” "Unknown" clauses protect carrier (except where wild and obvious inaccuracy).
Credit risk Fraud
Bills of Lading as document of title
Bill of lading as document of title. Negotiable. Presentation required. "Straight" bills of lading (often marked “non “nonnegotiable”) Transfer of property not the same as transfer of the bill of lading (property likely to pass pursuant to provisions of a sales contract). Delivery without bills of lading (letter of indemnity, rights of third parties – see below).
Disputes as to quality/quantity on loading
Disagreement between shippers/Master (e.g. as to weight/quantity or condition loaded) Description of goods on bill of lading vital to shipper e.g. for payment by buyer Usual solution – letter of indemnity LOI unenforceable in cases of fraud so LOI only valid if there is a real dispute/uncertainty, not where there is dishonesty (Browne, Jenkinson –v- Percy Browne, Dalton)
Bills of lading and charterparties
Which is contract of carriage, bill of lading or charterparty? Form of bill of lading (or at least certain clauses) may well be stipulated in charterparty (and failure to comply could be breach of charterparty) Incorporation of terms. With general words of incorporation, only charterparty terms germane to the shipment, carriage and delivery of the goods will be incorporated into the bill of lading. Arbitration clause must be specifically and expressly incorporated. Identification of correct charter (NB presumption in favour of head charter where master signs bills for owners).
Bill of lading should normally be signed after loading. Bill of lading prepared in accordance with contract (eg Charterers’ instructions).
Typical information included in bill of lading
Contract of carriage
Evidence of contract of carriage. Reflects agreement already made. Where terms of bill of lading are inconsistent with prior agreement B/L may not accurately reflect contract. International conventions will often apply to bills of lading by incorporation or because compulsorily applicable eg Hague/Hague Hague/HagueVisby Rules. International conventions apply time bar, weight/package limitation, minimum acceptable terms etc.
Letters of Indemnity for delivery of cargo in absence of bills of lading