bill of lading 1
TRANSCRIPT
2. What is the content of B/L?
• A B/L contents:• Shipper• Consignee• Notify party Signature of carrier• Name of the document Date and place of issue• B/L No. • Port of Loading and port of discharge • Name of vessel/voyage No. /Sailing date • Marks and numbers• Number and kind of package • Description of goods• Gross weight/net weight and measurement• Freight and charges
INTRODUCTION• Bill of Lading – creation of customary mercantile law
• "Bill of lading" means a document which evidences a contract of carriage by sea and the taking over or loading of the goods by the carrier, and by which the carrier undertakes to deliver the goods against surrender of the document. A provision in the document that the goods are to be delivered to the order of a named person, or to order, or to bearer, constitutes such an undertaking. (Article 1(7) of Hamburg Rules)
Example: SHIPPER: SAKATACHI CO., LTD 航运股份有限公司（承运人） OSAKA, JAPAN （托运人公司名称及地址） WAN HAI LINES LTD. CONSIGNEE: （收货人） BILL OF LADING TO ORDER NO. TH86BBU0073 NOTIFY PARTY: LIAONING METALS & MINERALS I/E CORP. DALIAN, CHINA （通知方名称及地址）
PORT OF LADING PORT OF DISCHARGE VIA FINAL DESTINATIONMELBOURNE DALIAN HONGKONG DALIANAUSTRILIA CHINA CHINA VESSEL VOYAGE FLAGHAPPY ISAND A824MARKS NO. OF DESCRIPTION OF GROSS NET MEASUREMENTPKGS GOODS WEIGHT WEIGHT
AC02W148048 KGS KGS CBMDALIAN CHINA YARN CLEANER 2520.00 2340.00 9.822 TTL: 2 CONTAINERS 3 W/CASES 1X20’: PCIU2309299 TOTAL: THREE WOODEN CASES ONLY1X40’: PCIU2306476 FREIGHT PREPAID ON BOARD
NO. OF ORIGINAL B(S)L: THREE PLACE AND DATE OF ISSUE: DALIAN, CHINA JAN. 5TH, 2004
SHIPPER: CONSIGNEE: WAN HAI LINES LTD. BILL OF LADING NO. WHL002NOTIFY PARTY:
PLACE OF RECEIPT OCEAN VESSEL VOYAGE NO
PORT OF LADING PORT OF DISCHARGE PLACE OF DELIVERY
MARKS NO. OF PACKAGE & G. W. (KG) MEAS (M3)
DESCRIPTION OF GOODS
TOTAL PREPAID NO. OF ORIGINAL B(S)/L PLACE AND DATE OF ISSUE IN … CURRENCY
SHANGDONG IMP/EXP62 JIANGXI RD, QINGDAO, CHINA
TO THE ORDER OF THE FIRST CITY BANK LTD., BANGKOK
NAN HENG INTERNATIONALTRADING CO., LTD104/4 LARDP RD. WANGTBANGKAPI.BKK
EAST WIND V. 19
QINGDAO, CHINA BANGKOK, THAILAND
NHIT BANGKOKNO. 1-9
TRI-CIRCLE BRAND BRASS PADLOCKS 9 WOODEN CASESSAY NINE WOODEN CASES ONLY
1800 KGS 6.628 M3
ON BOARD FREIGHT PREPAID
IN US DOLLARS THREE (3) QINGDAO, CHINA, 1999 年 12 月 31 日之前
L/C NO. 001-10397-1998
Example:
Features of Bill of Lading
• Lickbarrow v/s Mason (1794) 5 TR 683Character of Bill of Lading – A bill of lading is - a) A formal receipt by the ship-owner against
received goodsb) Evidence of contract of carriagec) A document of title of the goods
LAW FOR BILL OF LADING
• International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading, 1924 (Hague Rules)
• Protocol to Amend the International Convention for the Unification of Certain Rules of Law Relating to Bills of Lading, 1968 (Hague-Visby Rules)
• United Nations Convention on the Carriage of Goods by Sea, 1978 (Hamburg Rules)
• United Nations Convention on Contract for the International Carriage of Goods Wholly or Partly by Sea, 2008 (Rotterdam Rules)
HAGUE RULES 1924
• Art. 1(a) Carrier • Issue of Bill of Lading, Article 3(3)• Prima facie evidence of receiving of goods by
the carrier, Article 3(4)• Responsibilities and Liabilities of the Parties• Maximum Liability of the carrier or ship for
loss or damage is 100 pound sterling per package or unit
Case laws dealing with Liabilities of Career
• RIVERSTONE MEAT CO PTY LTD -V- LANCASHIRE SHIPPING CO LTD; HL 1961
• References: [1961] AC 807
Cargo was damaged in the course of a voyage by the failure of a fitter employed by ship repairers to secure the inspection cover on a storm valve. The cargo owner sued the ship owner in contract, and recovered. Held: It was no defence that the repairs had been carried out by a reputable independent contractor. The obligation to make a ship seaworthy under article III, r. 1, is a fundamental obligation which the owner cannot transfer to another. The Rules impose an inescapable personal obligation. Statutes: Hague-Visby Rules AIII r1
Case lawMINISTRY OF FOOD v. LAMPORT & HOLT LINE, LTD.[1952] 2 Lloyd's Rep. 371QUEEN'S BENCH DIVISION.
• Damage to cargo (maize in bulk) shipped in lower hold - Contamination by tallow (in casks) shipped in 'tween deck above - Leakage from casks - Bad stowage - Improper or insufficient packing - "Bursting of packages or consequences arising therefrom"
• Held that the carrier is liable for the negligent act or omissions under Art. 3 of Rule 1 and 2.
• Burden of proof • Art. IV, R1.• Anoco oil Comp. V. Parpada shipping comp.
ltd. 1987
HAGUE-VISBY RULES, 1968• Limitation for claim – extendable beyond one year with the
agreement of the parties• New provision – claim against third party – even after one
year if as per time limitation by law of the Court• Maximum liability of the carrier or ship not exceeding
equivalent to 666.67 unit of account (SDR) per package or unit or units of account per kilo of gross weight of goods lost or damage, whichever is higher
• Value of the goods be fixed acc. Toa) Commodity exchange priceb) Current market pricec) Normal value of goods of the same kind and quality
• Article IV bis – defences and limits of liability• Article IX - These Rules shall not affect the provisions of any
international Convention or national law governing liability for nuclear damage.
• Article X - The provisions of these Rules shall apply to every bill of lading relating to the carriage of goods between ports in two different States if(a) the bill of lading is issued in a contracting State, or(b) the carriage is from a port in a contracting State, or(c) the contract contained in or evidenced by the bill of lading provides that these Rules or legislation of any State giving effect to them are to govern the contract;
whatever may be the nationality of the ship, the carrier, the shipper, the consignee, or any other interested person.
HAMBURG RULES, 1978• Governs rights and obligations of shippers,
carriers and consignees under a contract of carriage of goods by sea
• central focus is the liability of a carrier for loss of and damage to the goods and for delay in delivery
• Unlike the Hague Rules, which apply only when a bill of lading is issued by the carrier, the Hamburg Rules govern the rights and obligations of the parties to a contract of carriage regardless of whether or not a bill of lading has been issued.
HAMBURG RULES, 1978• Part IV – Transport Documents – Articles 14 to 18• Article 14 – Issue of BoL
• Article 15 – Content of BoLa) The general nature of the goods and necessary marks for the
identification, statement about the character of the goods, number of packages or pieces, weight or quantity by the shipper
b) Apparent condition of the goodsc) Name and principle place of business of the carrierd) Name of the shippere) Name of the consigneef) Port of loading as per contract and date
g) Port of discharge as per contracth) The number of originals of BoL, if more than onei) Place of issuance of BoLj) Signature of carrierk) Freight payable by consigneel) A statement that carrier is subject to the provisions of this
conventionm) The date or period of the delivery of the goods at port of
discharge, if anyn) An increased limit or limits of liability
• Article 16 – Bill of Lading: reservations and evidentiary effects
• Article 17 – Guarantees by the Shipper
• Article 18 – Documents other than Bill of LadingWhere a carrier issues a document other than a bill of lading to evidence the receipt of the goods to be carried, such a document is prima facie evidence of the conclusion of the contract of carriage by sea and the taking over by the carrier of the goods
BILL OF LADING
• a document which evidences a contract of carriage by sea and the taking over or loading of the goods by the carrier, and by which the carrier undertakes to deliver the goods against surrender of the document. A provision in the document that the goods are to be delivered to the order of a named person, or to order, or to bearer, constitutes such an undertaking.
TYPES OF BILL OF LADING• Charterparty bill of lading• Negotiable and Non-negotiable BoL
Made out to bearerMade out to order
• Shipped and Received BoLShipped in apparent good order and condition by……on board the steam or motor vessel……And Received in apparent good order and condition from……for shipment on board the ship…..
• Clean and ‘Claused’ BoL• Through Bill of Lading – for multimodal transportation
• Container Bill of Lading – multimodal transportation
• House Bill of Lading and Groupage Bill of Lading
Date of the Bill of Lading• Contract of Carriage• Contract of Sale• Payment through bank in case of letter of
credit • Bill of Lading as a Receipt• Bill of Lading as evidence of Contract of
Carriage• Bill of Lading as document of title
Bill of Lading as a Receipt • Hague, Hague-Visby: One year for cargo claimant to file
before time-barred• Hamburg: Two years• Rotterdam: Two years