Bill of lading is the document given by the marine carrier on the basis of data provided by the sender of the cargo if this cargo is delivered by the sea. Bill of lading is considered to be the main title document as well as the one of the main informational document, presented by the cargo owner during the customs processing.
Fulfilling of Bill of LadingBill of lading should be consists of the following data:
details and address of the carrier
date of the cargo receiving by the carrier in the port of loading, the name of the loading port
details and the address of the receiver
the data of the unloading port
information about the name of cargo, its weight, the number of seats or otherwise expressed its quantity. In this case, all data on the goods shall conform to the information provided by the sender
a description of the external condition of the goods and their packaging
mark of the amount of sea freight, method and date of its payment
date of issue and place of issue of the bill of lading
the number of the bill of lading originals
Types of Bill of LadingBills of lading differ on the mode of transfer of ownership of the goods to the following types of documents:
On Board Bill of Lading (Board B / L) - certifying that the goods received for carriage actually loaded onto the vessel
Delivery order - document of title issued by the carrier or the consignee with confirmation of the ship's captain. Used in the case of a partial sale of the consignee of the goods before he took delivery. Delivery order- a decree on the transfer of a certain part of the cargo at the port of destination to another person
Insured Bill of Lading - is a combination of a transport document from the insurance policy and serves as proof of how the goods are to be transported, and its security, is used for the transport of goods in containers
Straight Bill of Lading (Straight B / L) - drawn up in the name of a particular consignee. On behalf of the bill of lading the cargo is transferred to the port of destination the consignee indicated in the bill of lading. Providing the cargo to another person can only be on the basis of transactions executed in compliance with the rules laid down for the transfer of the debt claim
The bill of lading to bearer - is transferred in exchange for the goods by just delivery
Received for shipment Bill of Lading (Received for shipment B / L) - a bill of lading for the cargo accepted for loading at the port waiting for the vessel that is not yet arrived
Liner bill of Lading (Liner B / L) - a bill of lading issued by the shipping company or on its behalf and covers transportation on ships plying on regular routes in accordance with the established and published schedule.
Claused bill of Lading ( "unclean" bill of lading "dirty" bill of lading) - (Claused B / L; Unclean bill of lading) - a bill of lading, which has a mark on cargo damage and / or packaging.
Local bill of Lading - with reference to the Through Bill of Lading, in which the goods accepted for carriage. Local bills of lading have official value for the reporting lines, ports, and are not documents of title.
Order bill of lading; Negotiable bill of landing (Negotiable B / L) - for which the goods are handed over, or "orders" of the shipper or the "order" of the consignee or the "order" of the bank, either by endorsement of someone's "order" it is composed. If the order bill of lading did not indicate that he made "to order" of the recipient, it is believed that he made "to order" sender. "Order" - the mark of the person to whom the goods is transferred. For example, the receiver cannot handle the load at the destination port, in this case, the load takes the forwarder, who is this person.
Direct bill of lading - a bill of lading covering the shipment between direct ports of loading and unloading on the same ship.
Combined (Collapsible) bill of lading - on several shipments destined for different consignees.
Through Bill of Lading (Through B / L, TBL) - providing for the transshipment of cargo to another vessel at an intermediate point, and covers the entire cargo from the port of loading to the final destination. Such movements are possible in the presence of the carrier a few regular lines in various directions, or by agreement between the two carriers - receiving goods at the port of departure and deliver it further from the transshipment port. Typically, carriers, together transporting the goods through bill of lading, stipulate their mutual commitments - each carrier is liable only for that part of the way in which he performs the carriage. For a through bill of lading is important to bear clear marks on the transfer of cargo from one carrier to another.
Sea waybill - an electronic document confirming the ownership of the goods, a simplified bill of lading, which is transmitted by the consignor to the consignee after the issuance of the document. It is a simplified form of documentation, especially for long-term transactions between regular partners or subsidiaries of large firms, when the sender and recipient of the goods there are quite a high degree of confidence.
How to implement the rules of Incoterms 2010
1. By incorporating Incoterms® 2010 (Incoterms 2010) in your contract of sale.If you wish to apply Incoterms® 2010 (Incoterms 2010) you should clearly indicate this in your contract as follows: "[the chosen Incoterms, including a named place, in accordance with] Incoterms® 2010" / Incoterms 2010".
2. By selecting the appropriate Incoterms.Selected Incoterms must meet the product, a method of transportation and, in addition, reflect the extent to which the parties intend to make additional commitments, for example, the obligation of the seller or buyer on the organization of transportation or insurance. Explanations of each term contain information useful for the implementation of such a choice. Whatever term is chosen, the parties should bear in mind that the interpretation of the agreement may affect customs ports or other points.
3. By more exact determination of the point or port.Selected Incoterms can work only if the parties have identified the item or the port, or even better, if the parties have identified as possible as accurately such a point or port.
Хорошим примером такого уточнения является следующий; "FCA 38 Cours Albert ler, Paris, France Incoterms® 2010".
According to the terms of Incoterms Ex Works (EXW, EXW), Free Carrier (FCA, Free Carrier), Delivered at Terminal (DAT, delivery at the terminal), Delivered at Place (DAP, the destination delivery), Delivered Duty Paid (DDP, Delivery with payment of fees), Free alongside ship (FAS, Free alongside ship) and the Free on board (FOB, Free on board), a named point is providing the place where delivery is carried out and risk is passed to the buyer.
According to the terms of Incoterms Carriage Paid To (CPT Carriage Paid To), Carriage and Insurance Paid To (CIP, Carriage and Insurance Paid To), Cost and Freight (CFR, Cost and Freight) and Cost, Insurance and Freight (CIF, Cost, insurance and freight), a named point is considered from the place of delivery. According to these four Incoterms named item indicates the destination to which transportation is paid. To avoid any doubt or dispute indications on a place as item or destination can be further defined by reference to the precise point or place of destination.
4. Keep in mind that Incoterms are not a complete contract of sale.Incoterms rules only indicate which of the parties of the contract of sale must carry out necessary for the transportation and insurance activities, when the seller hands over the goods to the buyer, and what costs are borne by each party. Incoterms rules do not indicate the price to be paid or the payment method. They also regulate the transfer of ownership of the goods or the consequences of breach of contract. These issues are usually defined in express terms in the contract of purchase and sale or the law applicable to such a contract. The parties, however, have to consider that the national law is strictly compulsory (mandatory local law) may have an advantage in respect of any aspect of the contract of sale, including selected term of Incoterms.