Top Banner
The Bill of Lading Hugo Fernando Rivera 63112703 Juan Felipe Suárez 63112600
38

The Bill of Lading

Apr 03, 2018

Download

Documents

Welcome message from author
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
Page 1: The Bill of Lading

7/29/2019 The Bill of Lading

http://slidepdf.com/reader/full/the-bill-of-lading 1/38

The Bill of Lading

Hugo Fernando Rivera 63112703

Juan Felipe Suárez 63112600

Page 2: The Bill of Lading

7/29/2019 The Bill of Lading

http://slidepdf.com/reader/full/the-bill-of-lading 2/38

Introduction

The activities of international trade, such as transport and

trading conditions, procedures have to be carried out

individuals involved in these activities, it is important for

both buyers and sellers meet requirements and measures

so that the regulations adopt a uniform commercialpermitting flow of business transactions and logistics for

the movement of cargo from origin to final destination.

one of these instruments is the Bill of Lading that has many

kinds of qualities that contribute to the rapid flow of information between the actors involved.

Page 3: The Bill of Lading

7/29/2019 The Bill of Lading

http://slidepdf.com/reader/full/the-bill-of-lading 3/38

Key words

• Bill of lading: is a document to international transport. 

• The Shipping Declaration: This is a document which is filled

out by the Shipper/Forwarding Agent.

• Initial carriage by (mode): The mode of transportation by

which the goods were carried, from the place where thecarrier received them under his responsibility, until the port of 

loading. 

• C.F.R: Code of Federal Regulations 

•I.M.O: Inter – Governmental Maritime Organization 

Page 4: The Bill of Lading

7/29/2019 The Bill of Lading

http://slidepdf.com/reader/full/the-bill-of-lading 4/38

Background

• On the principle of ocean shipping was not yet known the bill

of lading.

• In the thirteenth century implements a receipt issued by the

captain of the ship.

Kind of forms in the time•

Like a receipt of goods• Poof of the existence of the contract of carriage by sea freight

• Receipt for shipment

Page 5: The Bill of Lading

7/29/2019 The Bill of Lading

http://slidepdf.com/reader/full/the-bill-of-lading 5/38

Formalization of the term

• On August 24 of 1924, the Haya rules

through Brussels Internationalagreement formalizes the term bill of 

lading.

Page 6: The Bill of Lading

7/29/2019 The Bill of Lading

http://slidepdf.com/reader/full/the-bill-of-lading 6/38

What is the bill of lading?

• Is a document issued by the captain of the

vessel (shipowner or shipping agent) to

which the reception on board the goodsmentioned therein to be transported to

the port of destination, according to the

conditions and delivered to the holder of 

the document.

Page 7: The Bill of Lading

7/29/2019 The Bill of Lading

http://slidepdf.com/reader/full/the-bill-of-lading 7/38

OR… 

• Contract by which a party called

carrier agrees to transfer, under a

defined relationship, specific goodsthrough a freight also determined and

committed to delivering the goods in

the state in which the received

Page 8: The Bill of Lading

7/29/2019 The Bill of Lading

http://slidepdf.com/reader/full/the-bill-of-lading 8/38

FUNTIONS

• THE BILL OF LADING AS A CONTRACT

• IT IS A CONFIRMATION OF THE RIGHT OF

POSSESSION OF THE GOODS.• IT IS A RECEIPT AND CONFIRMATION OF

LOADING THE GOODS ON BOARD THE VESSEL.

Page 9: The Bill of Lading

7/29/2019 The Bill of Lading

http://slidepdf.com/reader/full/the-bill-of-lading 9/38

Bill of lading as a contract 

• The Bill of Lading is evidence to the existence of 

a contract for the carriage of cargo between the

carrier and the Shipper

• Is based in three factors• The agreement between Shipper and Carrier.

• The remarks of the Tallyman and Chief Officer.

•Important standard remarks, which are, addedby the carrier according to the goods data,

country of destination etc.

Page 10: The Bill of Lading

7/29/2019 The Bill of Lading

http://slidepdf.com/reader/full/the-bill-of-lading 10/38

It is a confirmation of the rigth

of posession of the goods

The Bill of Lading is a negotiable documentwherethrough its delivery to another party (on

the condition that ii is endorsed), the possession

rights, on the goods (or cargo) are transferred.

Page 11: The Bill of Lading

7/29/2019 The Bill of Lading

http://slidepdf.com/reader/full/the-bill-of-lading 11/38

It is a receipt and confirmation

of loading the goods on board

the vessel.

• A properly endorsed original Bill of Lading gives the

right to the possession of the goods covered by suchBill of Lading.

• The cargo will not be delivered by the Carrier to theholder of the Bill of Lading if it is not properly

endorsed. 

Page 12: The Bill of Lading

7/29/2019 The Bill of Lading

http://slidepdf.com/reader/full/the-bill-of-lading 12/38

 

Page 13: The Bill of Lading

7/29/2019 The Bill of Lading

http://slidepdf.com/reader/full/the-bill-of-lading 13/38

THE LEGAL BASIS OF THE

BILL OF LADING 

• The basis of this document is in the locas

laws to the first and second target, but

the third is based in the trade practice. 

Page 14: The Bill of Lading

7/29/2019 The Bill of Lading

http://slidepdf.com/reader/full/the-bill-of-lading 14/38

Page 15: The Bill of Lading

7/29/2019 The Bill of Lading

http://slidepdf.com/reader/full/the-bill-of-lading 15/38

It must be distinguished

between the original Bill of Lading and its copy:

Page 16: The Bill of Lading

7/29/2019 The Bill of Lading

http://slidepdf.com/reader/full/the-bill-of-lading 16/38

 

Page 17: The Bill of Lading

7/29/2019 The Bill of Lading

http://slidepdf.com/reader/full/the-bill-of-lading 17/38

 

Page 18: The Bill of Lading

7/29/2019 The Bill of Lading

http://slidepdf.com/reader/full/the-bill-of-lading 18/38

Original

• Only the original Bill of Lading validly fulfills, the threepurposes mentioned and that only on the condition that it is

properly endorsed on it’s reverse side. 

•  

The number of original Bills of Ladings to be issued dependson the agreement between the carrier and merchant.

•  

• On the Bill of Lading there is a special provision where thisnumber will appear.

Page 19: The Bill of Lading

7/29/2019 The Bill of Lading

http://slidepdf.com/reader/full/the-bill-of-lading 19/38

Copy

• A Copy of a Bill of Lading serves all thosewho are involved in the business and need

particulars about the goods and their

carriage. The Carrier issues a number of copies according to the merchant’s wish. 

Page 20: The Bill of Lading

7/29/2019 The Bill of Lading

http://slidepdf.com/reader/full/the-bill-of-lading 20/38

Details of the Cargo and Carriage

On the face of the Bill of Lading the following details willappear:

• Particulars of the Shipper, Receiver and the receiver’srepresentative as well as the notified party.

• Particulars concerning the course of the cargo carriage.

•Sender’s remarks. 

• Detailed description of the goods as provided by theShipper, sometimes ascertained by the Carrier.

• Particulars concerning the freight and Carrier’s remarks. 

• Various administrative particulars (such as No. of original

documents issued, the number of the Bills of Lading,Agent’s signature for and on behalf of Master, etc.). 

• Carriers remarks and additional remarks of the Shipperwho do not harm the Carrier.

Page 21: The Bill of Lading

7/29/2019 The Bill of Lading

http://slidepdf.com/reader/full/the-bill-of-lading 21/38

SOURCES OF THE BILL OF

LADING • The Shipping Declaration

• The document contains details about the goods/cargo and the

way of carriage requested by the Shipper.

• Remarks as per Shipper’s request

• Remarks which oblige only the owner of the goods (for whichspecial sections are allotted).

• Chief Officer’s Remarks

• Remarks and data concerning the condition of the goods, as

noted by the Chief Officer during loading of the cargo.

• Carrier’s Remarks and Specifications

• Administrative particulars.

• Vital remarks resulting from the form of carriage (House to House, Pier

to Pier, etc.), sort of cargo, it’s condition, or country of destination. 

Page 22: The Bill of Lading

7/29/2019 The Bill of Lading

http://slidepdf.com/reader/full/the-bill-of-lading 22/38

PARTIES TO THE BILL OF

LADING • SHIPPER/EXPORTER (NAME & ADDRESS) 

• CONSIGNEE (NAME & ADDRESS)

•  

• NAME OF RECEIVER AND HIS ADDRESS, when a direct deal has

been made between Shipper and Receiver. 

• TO ORDER

•  

•  

•The term TO ORDER itself, when the Bill of Lading is a Bearer Billof Lading.

• TO ORDER OF BANK, When a bank is involved in the deal.

• NOTIFY (NAME & ADDRESS) 

Page 23: The Bill of Lading

7/29/2019 The Bill of Lading

http://slidepdf.com/reader/full/the-bill-of-lading 23/38

 

Page 24: The Bill of Lading

7/29/2019 The Bill of Lading

http://slidepdf.com/reader/full/the-bill-of-lading 24/38

CARGO CARRIAGE BOXES

(UNDER CARRIER’S

RESPONSIBILITY  • The Carriage Boxes 

Page 25: The Bill of Lading

7/29/2019 The Bill of Lading

http://slidepdf.com/reader/full/the-bill-of-lading 25/38

Asterisked boxes

• As shown in the illustration above, these boxes may be divided

into 3 main parts:

•  

• A land stretch prior sea.

• A Maritime stretch.

• A land stretch to final destination.

• INITIAL CARRIAGE BY (MODE)

• PLACE OF RECEIPT OF GOODS* (IF CONTRACTED FOR)

•  LOADING VESSEL * VOY.

• PORT OF LOADING *

• PORT OF DESTINATION *

• FINAL DESTINATION * (IF CONTRACTED FOR) 

Page 26: The Bill of Lading

7/29/2019 The Bill of Lading

http://slidepdf.com/reader/full/the-bill-of-lading 26/38

Page 27: The Bill of Lading

7/29/2019 The Bill of Lading

http://slidepdf.com/reader/full/the-bill-of-lading 27/38

 

Page 28: The Bill of Lading

7/29/2019 The Bill of Lading

http://slidepdf.com/reader/full/the-bill-of-lading 28/38

The parts of this box

• MKS. & NOS./ CONT. NOS.

• DESCRIPTION OF GOODS• WEIGHT

• MEASUREMENT

Page 29: The Bill of Lading

7/29/2019 The Bill of Lading

http://slidepdf.com/reader/full/the-bill-of-lading 29/38

 

Specification of the kind of

Page 30: The Bill of Lading

7/29/2019 The Bill of Lading

http://slidepdf.com/reader/full/the-bill-of-lading 30/38

Specification of the kind of 

cargo 

Page 31: The Bill of Lading

7/29/2019 The Bill of Lading

http://slidepdf.com/reader/full/the-bill-of-lading 31/38

The group of special cargoes

include: • Charges or goods, classified as dangerous. 

Page 32: The Bill of Lading

7/29/2019 The Bill of Lading

http://slidepdf.com/reader/full/the-bill-of-lading 32/38

• Refrigerated charges

• Hints and Guide Lines: 

• Make sure that the temperature appearing are

in centigrades.• Ensure that the temperature of the container

when delivered fits the temperature appearing

on the documents.

• A refrigerated container (named also reefer)

keeps the temperature. It does not chill).

Page 33: The Bill of Lading

7/29/2019 The Bill of Lading

http://slidepdf.com/reader/full/the-bill-of-lading 33/38

Other particulars and

description of the goods

• WEIGHT

• MEASUREMENT

• TOTAL 

Page 34: The Bill of Lading

7/29/2019 The Bill of Lading

http://slidepdf.com/reader/full/the-bill-of-lading 34/38

FREIGHT PAYABLE AT 

Page 35: The Bill of Lading

7/29/2019 The Bill of Lading

http://slidepdf.com/reader/full/the-bill-of-lading 35/38

The paid of the freigth… 

Is relationed with:

• The place of payment, which could be any place in theworld where the shipping company (the Carrier) has anagency.

• The term of payment, as agreed between the carrier andthe shipper, namely:

• PREPAID

• COLLECT 

Page 36: The Bill of Lading

7/29/2019 The Bill of Lading

http://slidepdf.com/reader/full/the-bill-of-lading 36/38

Form of Carriage 

• HOUSE TO HOUSE

• HOUSE TO PIER

• PIER TO HOUSE

• PIER TO PIER 

Page 37: The Bill of Lading

7/29/2019 The Bill of Lading

http://slidepdf.com/reader/full/the-bill-of-lading 37/38

 

Page 38: The Bill of Lading

7/29/2019 The Bill of Lading

http://slidepdf.com/reader/full/the-bill-of-lading 38/38

Conclusion

• the bill of lading is more than a

documentary requirement, its meaning

for foreign trade to prevail under the title

tool in information flows.

• that importance has to be evaluated

beyond the papers, and located as a

business tool.