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）是由船長或承運人或承運人的代理人簽發(fā)，證明收到特定貨物，允許將貨物運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.按收費方式區(qū)分 1 運費預(yù)付提單(Freight Prepaid B/L)。 2 運費到付提單（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 托運人（Shipper） 2 收貨人（Consignee） 3通知人（Notify Party） 4 前段運輸（Pre-Carriage by） 5

3、收貨地點(Place of Receipt) 6 海運船舶及航次（Ocean Vesse） 7 裝貨港（Port of Loading） 8 卸貨港（Port of Discharge） 9交貨地點（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運費和費用、付款地點及付款方式（Freight & Charges、Prepaid at、Payable at、Pre-paid、Collect） 推薦精選16提單號和正本提單份數(shù)（B/L No.、No.of Original B(s)/L） 17簽單地點和日期（Place and Date of Issue） 18代表承運人簽字（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

5、，由船公司簽發(fā)B/L給SHIPPER，SHIPPER將B/L轉(zhuǎn)給CONSIGNEE，貨物到達港口，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 c

6、hapter 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 p

7、ractical 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

8、, also known as a VOCC（船公司，有船公共承運人） (vessel-operating common carrier) or shipping line（航運公司）. Maersk Sealand（馬士基海陸有限公司）, 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 （收據(jù)）for the cargo2. A document o

9、f title3. Evidence 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 indep

10、endent contract between the carrier and the third party. The third party assumes推薦精選（接管，承擔(dān)） 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

11、contract of carriage 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 carriag

12、e in the Glossary（詞匯表）. 3. Document of Title（物權(quán)憑證，所有權(quán)憑證）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 （背書）(please see explanation below). The carrier will only release the goods at

13、 destination to a rightful holder of a duly endorsed（提單可以適當(dāng)背書） 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

14、 name and address 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 c

15、an transfer their 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 doc

16、ument by the party 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 ri

17、ght to transfer 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 （海運承運人）will check the endorsements on the original B/L document before releasing the goods at destination. As you can see, it is not al

18、ways the first consignee (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”（可轉(zhuǎn)讓的） document but “transferable” is actually the more correct term.Bill of Lading -

19、 Originals and CopiesThe 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.推薦精選The carrier will normally print a

20、B/L document in 3 originals 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 de

21、stination to whoever presents one duly and properly endorsed original B/LNow you may think: “But what if the shipper （托運人，發(fā)貨人，貨主）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

22、party who submits （提交）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

23、 the two buyers.Bill 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 f

24、or the cargo while it 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

25、 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 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 disc

26、repancy（不符，相差） 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 “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 dispu

27、te 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 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 enti

28、tled party at the proper 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

29、 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 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 consign

30、ed).Release of the cargo 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（責(zé)任） inclusive（包括） of consequential(間接的) damages. In other words, the carrier may be required to compensa

31、te（賠償） 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 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 a

32、ll signatures and stamps 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.推薦精選2a. Release at different destinationIf the release of the goods is requ

33、ested 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 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,

34、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 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

35、 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 unlimited liability, incl. consequential damages, in case a rightful holder of the B/L later turns up and expects to receive the cargo

36、. 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 release the goods as soon as possible. In such a situation, the carrier will typically ask both the shipper and the consignee to c

37、onfirm 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 shipper or the consignee), or has asked to have the goods released (the consignee), is asked to sign a Letter of Indemnity (LOI) and th

38、is 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 approved and release signed off by appropriate management. It is a commercial decision by the carrier whether they will release the g

39、oods 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 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

40、 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 his custody.Bill of Lading AmendmentWhen a shipper requests an amendment to a B/L which has already been printed and issued, the car

41、rier 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 originals were issued, 3 originals should be returned for amendment) and ensure that the description of the goods is still correct.

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

43、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 local procedures for this.Bill of Lading - Cargo DescriptionCargo descriptionThe transport provider cannot physically verify the c

44、ontents 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” or “S.T.C.” to signify that the transport provider is relying on the description of the goods supplied by the shipper. Example: S

45、.T.C. 1020 cartons of CD players.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 packages推薦精選If cargo is lo

46、st during transit, it is the number 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

47、 cartons”. Example 2 (LCL shipment): “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 sail

48、ing. If the customer wants the 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 con

49、dition of the merchandise inside 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

50、 between the carrier and the shipper, 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 gove

51、rns Bs/L and if brought to court 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 desc

52、ription of goods - for example that “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 th

53、e vessel manifest, not the printed 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, irrespecti

54、ve of the date the cargo was received 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

55、a “Received for Shipment” B/L, the 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

56、 the shippers Letter of Credit. The 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

57、 the consignee) are called “collect”.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 e

58、ndorsed B/L is presented). 推薦精選It is a 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 p