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Marine bill of lading


Marine bill of lading 海运提单 Definition 1. a document issued by a carrier to a shipper, 2. signed by the captain,agent, or owner of a vessel (船主), 3. furnishing(提供) written evidence regarding receipt of the goods, 4. the conditions on which transportion is made, 5. the engagement(履约证明) to deliver goods at the prescribed port of destination (指定目的 港) to the lawful holder of the bill of lading. 6. also a document of title(物权凭证),the carrier can only hand over goods in exchange for the original bill of lading Roles of marine bill of lading 1. as a receipt of goods from the shipping company to the exporter 2. as a document of title to the goods a bill of lading is a document of title to the goods, which evidences the holder’s ownership of goods. It can be endorsed and transferred before the goods is arrived at the destination. When a bill of lading is transferred,the ownership over the goods has also been transferred. 3. as an evidence of cntract for carriage between the exporter and the importer Parties of marine bill of exchange The basic partis of a bill of lading are the carrier and the shipper. 1. shipper/consignor(托运人) Namely . the shipper can be the consignor(发货人) or consignee(收货人).The shipper is entitled to designate the consigenee. 2. carrier ? ? ? the party which acepts the authorization of the shipper, and transports goods to the destination.

Generally, the carrier is a shipping company which owns conveyance. Responsibility : transporting goods to the designated port of desitination punctually(按 时) and safely. ? Rights : to require the shipper or consignee to pay the freight as arranged. ? A lien on the goods (留置权): to withhold(扣押) or sell the goods so as to compensate debts.(欠款) 3. consignee (收货人) ? It generally refers to the buyer in the contract,and it can be the shipper ? He has the rights to take delivery of goods based on the bill of lading. ? A bill of lading can be made out to a shipper’s order, or a third party’s order 抬头人) ( ? The marine bill of lading can be divided into three following types: 1) consigned to…记名抬头 在抬头人栏内写明收货人的名称 not transferred; only be used by the specific person to endorse and take delivery of goods. Types: Consigned to A CO. or To A Co. 2) to order of …. 指示性抬头 在抬头人栏内写有“凭指示”字样 can be transferred by endoresment

three types: to order of 记名指示性抬头;to order,namely a blank order 空白抬 头; 3) to bearer 来人抬头 anyone who holds the bill of lading is entitled to take delivery of goods after the carrier delivers the goods to the holder. 4. notify party (被通知人) It may be the importer or his agent (such as the importer bank) 5 transferee/assignee (受让人 ) The person to whom a bill of lading is transferred is called the transferee. 6 holder (持单人) Types of marinre bill of lading 1. shipped on board B/L and received for shipment B/L 已装船提单和备运提单 A shipped on boare B/L states that the goods have been loaded on board or shipped on a named vessel with the preprinted words “shipped in apparent good order and condition” A received for shipment B/L states that the goods have been reveived by the carrier and are ready for shipment, but also no exact shipment date and is generally not accpeted by exporter. 2. Clean B/L and foul B/L 清洁提单和不清洁提单 A clean B/L is a B/L where the carrier has noted that th goods had been received in apparent good condition A foul B/L is opposite to a clean B/L. 3. straight B/L , blank B/L and order B/L 记名提单、不记名提单、提示提单


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