提单(bill-of-lading)中英文简介

1、提单（bill of lading）中英文简介简介提单（Bill of Lading,B/L）是由船长或承运人或承运人的代理人签发，证明收到特定货物，允许将货物运至特定目的地并交付于收货人的凭证。 一、提单的作用 1. 提单是运输合同的证明 2. 提单是货物收据 3.提单是物权凭证 分类二、提单的分类 1. 按货物是否已装船区分 1 已装船提单（Shipped B/L or on Board B/L）。 2 收货待运提单（Received for Shipment B/L）。 2按提单抬头区分 1 记名提单（Straight B/L），又称收货人抬头提单。2 指示提单（Order B/L）。

2、3 不记名提单（Blank B/L or Open B/L）。 3.按无影响结汇的批注区分 1 清洁提单（Clean B/L）。2 不清洁提单（Foul B/L）。 4.按收费方式区分 1 运费预付提单(Freight Prepaid B/L)。 2 运费到付提单（Freight Collect B/L）。 5.按船舶的经营方式区分 1 班轮提单(Liner B/L)。2 租船提单（Charter Parth B/L）。 三、提单的缮制与签发 1 托运人（Shipper） 2 收货人（Consignee） 3通知人（Notify Party） 4 前段运输（Pre-Carriage by） 5

3、收货地点(Place of Receipt) 6 海运船舶及航次（Ocean Vesse） 7 装货港（Port of Loading） 8 卸货港（Port of Discharge） 9交货地点（Place of Delivery） 10. 唛头和号码、集装箱箱号和铅封号（Marks & Nos.、Container.Seal No.） 11集装箱数或件数（No of Container or P kgs） 12包装种类、货物名称（Kind of Packages、Description of Goods） 13毛重（Gross Weight kgs） 14体积（Measurement）

4、15运费和费用、付款地点及付款方式（Freight & Charges、Prepaid at、Payable at、Pre-paid、Collect） 16提单号和正本提单份数（B/L No.、No.of Original B(s)/L） 17签单地点和日期（Place and Date of Issue） 18代表承运人签字（Signed for the Carrier） 区别四、B/L与D/O的区别 B/L： BILL OF LADING提单，是货物的物权凭证。 D/O： DELIVERY ORDER提货单，是目的港口提取货物时需要的凭证，不可以转让. 货物上船之后，由船公司签发B/L给S

5、HIPPER，SHIPPER将B/L转给CONSIGNEE，货物到达港口，CONSIGNEE凭B/L去船公司换取D/O，凭D/O去港口提货。 二者在货物提取之前有且只有一个留在货主手里，只不过D/O不再是物权凭证，货主领取D/O之后，说明船公司已经把货物放给货主了。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 chapter for H

6、BL. 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 practical tod

7、ay 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, also known

8、 as a VOCC（船公司，有船公共承运人） (vessel-operating common carrier) or shipping line（航运公司）. Maersk Sealand（马士基海陆有限公司）, 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 （收据）for the cargo2. A document of title3. Ev

9、idence of a contract of carriage1. Receipt for cargoThe B/L is a receipt by the carrier that the goods are in his custody（保管）. 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 contr

10、act between the carrier and the third party. The third party assumes（接管，承担） the rights, responsibilities and obligations identical （同一的，完全相同的）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 carr

11、iage is always the underlying（基本的） agreement between 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 Glossar

12、y（词汇表）. 3. Document of Title（物权凭证，所有权凭证）A B/L is a Document of Title. 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 （背书）(please see explanation below). The carrier will only release the goods at destination to

13、a rightful holder of a duly endorsed（提单可以适当背书） original Bill of Lading.At the time the B/L is issued, the shipper will advise the carrier who the B/L should be consigned（交付） 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 addres

14、s of an individual or company b. “TO ORDER” (of shipper) c. “TO ORDER OF bank” - example: 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 thei

15、r rights as consignee to another party by endorsing the B/L. 3a. EndorsementAn endorsement 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 par

16、ty who is shown as the consignee on the B/L but now wishes to transfer this right to another 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

17、the B/L to yet another party by adding a new endorsement on the B/L document. In this way, a chain of endorsements may take place. The Ocean Carrier （海运承运人）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 c

18、onsignee (as printed on the B/L when it was issued) that actually take delivery of the goods at destination.Because of this function ad Document of Title, a B/L is often referred to as a “negotiable”（可转让的） document but “transferable” is actually the more correct term.Bill of Lading - Originals and C

19、opiesThe fact that the carrier B/L functions as Document of Title places great importance on the B/L 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 or

20、iginals and a reasonable number of copies. It is only an Original B/L document that can be transferred 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

21、 presents one duly and properly endorsed original B/LNow you may think: “But what if the shipper （托运人，发货人，货主）sells 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 （提

22、交）it. If this is the case and the carrier is in good faith, he can release the goods. The change of ownership of the 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

23、 of Lading - Carriers responsibility The three main areas of responsibility of the carrier under a B/L are:1. Responsibility 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 i

24、t is in the carriers custody1. Responsibility for correct description of the goods Any third party buyer may purchase 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

25、carrier will not know what is inside a container or carton packed by the shipper). It is however essential that 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 clearly notes the discrepancy（不符，相差） on th

26、e 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 “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 carri

27、er and the buyer of the goods, the buyer could file a claim against the carrier. The carrier would need to file claim against 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 pr

28、oper locationWhoever presents a duly and properly endorsed B/L at the correct destination is entitled to take delivery of the 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 app

29、ear that the B/L holder was in fact not the proper receiver.The carrier must of course also ensure that the person who submits 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 c

30、argo without receipt of a properly endorsed B/L compromises the carriers responsibility towards the true owner of the goods. This may expose the carrier to unlimited liability（责任） inclusive（包括） of consequential(间接的) damages. In other words, the carrier may be required to compensate（赔偿） the rightful

31、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 doubt 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 st

32、amps of the intermediate consignees, the carrier should in principle contact these parties to check. The carrier may can also contact the shipper and/or the notify（通知） party on the B/L to hear their views.2a. Release at different destinationIf the release of the goods is requested at a destination d

33、ifferent 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 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 a

34、ll 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 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

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

36、 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 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 t

37、o 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 shipper 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

38、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 approved 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 no

39、t. 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 common 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 respons

40、ibility. If the carrier wants to claim against the shipper, it is the carriers responsibility to prove that the goods were not damaged while in his 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 judgmen

41、t 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 originals 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

42、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 able to produce the full set of originals, the carrier should not issue a newset. If the customer insists, the carrier must make a judgment of the commerc

43、ial 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 local procedures for this.Bill of Lading - Cargo DescriptionCargo descriptionThe transport provider cannot physically verify the contents of the cartons and pac

44、kages received from the shipper. For legal reasons, the description of the goods must therefore always include the wording “Said To Contain” or “S.T.C.” to signify that the transport provider is relying on the description of the goods supplied by the shipper. Example: S.T.C. 1020 cartons of CD playe

45、rs.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 numbe

46、r 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 shipment

47、): “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 doc

48、ument 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 inside t

49、he 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 shipp

50、er, 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 court w

51、ill 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 tha

52、t “S.T.C.” 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

53、 Bill 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 recei

54、ved 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

55、 date 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. Th

56、e 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 “collec

57、t”.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

58、 commercial 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 are prepaid and collect. If the carrier is in doub