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(yùn)人或承運(yùn)人的代理人簽發(fā)，證明收到特定貨物，允許將貨物運(yùn)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(yùn)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(yùn)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）。

2、3 不記名提單（Blank B/L or Open B/L）。 3.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）。 4.按收費(fèi)方式區(qū)分 1 運(yùn)費(fèi)預(yù)付提單(Freight Prepaid B/L)。 2 運(yùn)費(fèi)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) 1 托運(yùn)人（Shipper） 2 收貨人（Consignee） 3通知人（Notify Party） 4 前段運(yùn)輸（Pre-Carriage by） 5

3、收貨地點(diǎn)(Place of Receipt) 6 海運(yùn)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(diǎn)（Place of Delivery） 10. 嘜頭和號碼、集裝箱箱號和鉛封號（Marks & Nos.、Container.Seal 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（Measureme

4、nt） 15運(yùn)費(fèi)和費(fèi)用、付款地點(diǎn)及付款方式（Freight & Charges、Prepaid at、Payable at、Pre-paid、Collect） 16提單號和正本提單份數(shù)（B/L No.、No.of Original B(s)/L） 17簽單地點(diǎn)和日期（Place and Date of Issue） 18代表承運(yùn)人簽字（Signed for the Carrier） 區(qū)別四、B/L與D/O的區(qū)別 B/L： BILL OF LADING提單，是貨物的物權(quán)憑證。 D/O： DELIVERY ORDER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

5、司簽發(fā)B/L給SHIPPER，SHIPPER將B/L轉(zhuǎn)給CONSIGNEE，貨物到達(dá)港口，CONSIGNEE憑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 - Introduction When discussing Bills of Lading, we must distinguish between a carrier B/L (B/L) and a House B/L (HBL). Please see separate chapt

6、er for HBL. In Maersk 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 pract

7、ical today where instead 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, al

8、so known as a VOCC (vessel-operating common carrier) or shipping line. Maersk Sealand, 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 for the cargo2. A document of title3. Evidence of a contract of ca

9、rriage1. Receipt for cargoThe B/L is a receipt by the carrier that the goods are in his custody. 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 the carrier and th

10、e third party. The third party assumes the rights, responsibilities and obligations identical to those of the shipper.2. Evidence of contract of carriageIt is common to hear the B/L referred to as the contract of carriage. However, the contract of carriage is always the underlying agreement between

11、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. 3. Document of TitleA B/L is a Document of Title.

12、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 (please see explanation below). The carrier will only release the goods at destination to a rightful holder of a duly endorsed original Bill of Lading.At the time t

13、he B/L is issued, the shipper will advise the carrier who the B/L should be consigned to - I.e. 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 individual or company b. “TO ORDER” (of shipper) c. “TO ORDER OF bank” - example

14、: 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 consignee to another party by endorsing the B/L. 3a. EndorsementAn endorseme

15、nt 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 by the party who is shown as the consignee on the B/L but now wishes to transfer this right to ano

16、ther 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 another party by adding a new endorsement on the B/L document. In this wa

17、y, a chain of endorsements may take place. The Ocean Carrier 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 printed on the B/L when it was issued) that actually take delivery of the goods at

18、 destination.Because of this function ad Document of Title, a B/L is often referred to as a “negotiable” document but “transferable” is actually the more correct term.Bill of Lading - Originals and CopiesThe fact that the carrier B/L functions as Document of Title places great importance on the B/L

19、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 reasonable number of copies. It is only an Original B/L document that can be transferre

20、d 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 duly and properly endorsed original B/LNow you may think: “But what if the shipper sell

21、s the goods twice and endorses two 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 it. If this is the case and the carrier is in good faith, he can release the goods. The change of ownership of the

22、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 - Carriers responsibility The three main areas of responsibility of the carrier under a B/L are:1. Respons

23、ibility 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 carriers custody1. Responsibility for correct description of the goods Any third party buyer may purchase

24、 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 not know what is inside a container or carton packed by the shipper). It is however essential that if th

25、e 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 on the B/L or refuses to accept the cargo and issue the B/L. If the carrier does not note the discrepancy on the B/L, the carrier

26、 “steps into the shoes” of the shipper and assumes 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 buyer of the goods, the buyer could file a claim against the carrier. The carrier would need to file claim agains

27、t 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 locationWhoever presents a duly and properly endorsed B/L at the correct destination is entitled to take delivery of th

28、e 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 B/L holder was in fact not the proper receiver.The carrier must of course also ensure that the person who submi

29、ts the B/L and take delivery of the goods is a representative of the consignee (e.g. an employee or an agent of the company to whom the B/L has been consigned).Release of the cargo without receipt of a properly endorsed B/L compromises the carriers responsibility towards the true owner of the goods.

30、 This may expose the carrier to unlimited liability inclusive of consequential damages. In other words, the carrier may be required to compensate the rightful consignee not only for the value of the goods but potentially also for additional costs such as loss of sales profits. If the carrier is in d

31、oubt about who the rightful owner of the B/L is, e.g. because there has been a chain of endorsements and the carrier is not familiar with all signatures and stamps of the intermediate consignees, the carrier should in principle contact these parties to check. The carrier may can also contact the shi

32、pper and/or the notify 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 one mentioned on the B/L, the carrier should first receive the full set of Bs/L (all originals) for the particular shipment.The

33、 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 originals 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

34、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 Bills are lost. By releasing the goods without obtaining a duly endorsed original B/L, the carrier will expose themselves to unl

35、imited 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 fact be the legal owner of the goods after having paid the shipper and the carrier will be under pressure from the consignee to

36、 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 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 ship

37、per 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 guarantee which is valid for a minimum of 6 years or whatever the B/L filing period is in that country. The process must be ap

38、proved 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. 3.Responsibility to care for the cargo while in the carriers custodyThe duty of care of the goods is both regulated in law and is based on com

39、mon 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 carriers responsibility. If the carrier wants to claim against the shipper, it is the carriers responsibility to prove that the goods were not damaged while in h

40、is 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 can be amended accordingly.The carrier must ensure that the full set of original Bs/L are returned (if 3 o

41、riginals 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 considered an amendment and the full set of originals must be surrendered. If the shipper or consignee is not

42、 able to produce the full set of originals, the carrier should not issue a new set. If the customer insists, the carrier must make a judgment of the commercial risk and may decide that a new set can be issued. In such case, the first set of Bs/L will be considered lost. You must ensure to check

43、 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 legal reasons, the description of the goods must therefore always include the wording “Said To Contain

44、” or “”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 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 n

45、umber of units as stated in the “no. of pkgs” field that will be used for calculation 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 (LCL ship

46、ment): “5 pallets” instead of “50 cartons”. ClausesThe transport provider should insert the clause “Shippers load, stow and count” if the customer is loading the container at his premises. “Shipped onboard” must only be used when the document is issued after vessel sailing. If the customer wants the

47、 document issued before vessel sailing, the clause “Received for shipment” is used instead. Most carriers will not insert the clause “Clean onboard” on the Bill. Even for LCL-shipments where they are physically handling the cartons, they cannot check the quality and condition of the merchandise insi

48、de the cartons.Clean B/L without notations of damages or shortcomingsThe buyer or the bank (Letter of Credit) sometimes demands a so-called “clean B/L” which means a B/L without any notes of damages or shortcomings at the time of loading. This sometimes creates problems between the carrier and the s

49、hipper, who in spite of damage or other discrepancy to the cargo wants 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 cou

50、rt will not be upheld. Therefore the carrier should not issue “Clean” 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 U.S. Customs and its requirements regarding description of goods - for example

51、 that “” is not allowed and that the cargo description must be very specific (i.e. “general merchandise” and other general cargo descriptions are not allowed). For the purpose of transport documentation, you should be aware that the U.S. Customs rules relate to the vessel manifest, not the printed B

52、ill of Lading or Waybill document. The vessel manifest is used for customs purposes. 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 receive

53、d or loaded, however not earlier than the date the cargo was received or loaded respectively.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 d

54、ate cannot be earlier than the date the cargo was actually received at the place 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 shippers Letter of Credit. The

55、carrier is not obliged to do so and should not do so. It would be considered an 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”

56、.In order to secure payment, the carrier will usually not release the original 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 c

57、ommercial decision by the carrier whether they wish to grant the shipper and/or consignee 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

58、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 prepaid.  Bill of Lading FilingAfter col