Bill of Lost solution and handling skills
- Author:Alvin
- Source:HKSG-GRUP
- Release Date:2018-01-18
In the daily work process, although very careful, but always inevitable some minor errors occurred. Among them, the loss of bill of lading is a very serious problem.
In the bill of lading sent to the process, it is likely to lead to loss of bill of lading:
1, lost under the control of the exporter.
2, the exporter to the issuing bank documents, lost in the issuing bank.
3, the issuing bank to pay the documents to be lost after the courier company.
4, courier service lost after negotiation.
5, negotiating bank lost after delivery to the consignee.
In both cases 1 and 5, exporters and importers should be held responsible separately; in cases 2 and 4, the issuing bank or negotiating bank should be responsible; the problem is often lost Occurred in the third case, according to the current postal laws and regulations, the postal sector has only a very limited responsibility.
According to the Incoterms 2000 Explanatory Notes: Under CIF, CFR and FOB conditions, the seller must provide the buyer with a transport document on his own expense without delay. Accordingly, the risk of document loss should generally be borne by the seller.
In order to ensure its own interests, the carrier requires the consignee to guarantee the delivery of goods without an original bill of lading, and requires the bank to provide a guarantee.
Bills of lading in different circumstances lost, all aspects of the responsibilities are also different, but this is something that after the loss of the bill of lading, the first or to be resolved as follows to reduce the risk of the possibility.
1, promptly notify the shipping company and its agents. Under such circumstances, the shipping company and its freight forwarders have the obligation to be cautious, and the holder of the bill of lading can no longer release the original bill of lading only upon release of the goods, but should provide the delivery person with sufficient evidence to prove that the bill of lading was nice. For example, whether the endorsement is continuous? Is the requirement met? Is there a reasonable consideration paid? The carrier may also lift the goods under the bill of lading through statutory procedures to relieve the liability of the goods.
2, promptly apply to the court for publicity. One can ensure that the rights and interests under the bill of lading are not infringed; two can solve the problem of long-term lagging bond. Because once the court decided to accept the public notice, during the transfer of the rights of the bill are null and void. Publicity appeals process lower legal costs, legal fees are also low, the reminder expires (usually 60 days) to apply for the court to make a ruling.
3. In general, the loss of documents should not affect the pressure on the port, because the receiver is obliged to receive the goods and can not refuse to unload; the carrier can not be the same as the original non-original bill of lading refused to unload, despite its right to refuse Release the goods.
4, postal courier company what kind of responsibility should be given the current exemption from the statutory treatment; whether it can be insured Postal Express risk insurance to pass on the loss, the current insurance company does not seem to have carried out the insurance.
5, the bank issued a letter of guarantee as long as the specific comprehensive letter of guarantee, generally no risk. Involving large letters of guarantee, the best legal adviser to check, because in practice there are many precedents for invalid bank guarantees.
Shipping documents lost in the courier, often resulting in the consignee at the port of destination can not be the original bill of lading delivery, the practice is usually by the consignee with a copy of the bill of lading delivery; or by the carrier to sign a new bill of lading supplier delivery and Settlement, or by the exporter authorized the carrier electric release; However, the above three cases, the carrier usually require the buyer to provide a reliable guarantee; the current shipping companies often require the exporter and its bank to jointly provide security, guarantee time is one Year, three years, six years. If the bill is issued by the third party, the exporter will face the problem of money and money. If the bill of lading is acquired by the third person in good faith, Empty ending.
In the bill of lading sent to the process, it is likely to lead to loss of bill of lading:
1, lost under the control of the exporter.
2, the exporter to the issuing bank documents, lost in the issuing bank.
3, the issuing bank to pay the documents to be lost after the courier company.
4, courier service lost after negotiation.
5, negotiating bank lost after delivery to the consignee.
In both cases 1 and 5, exporters and importers should be held responsible separately; in cases 2 and 4, the issuing bank or negotiating bank should be responsible; the problem is often lost Occurred in the third case, according to the current postal laws and regulations, the postal sector has only a very limited responsibility.
According to the Incoterms 2000 Explanatory Notes: Under CIF, CFR and FOB conditions, the seller must provide the buyer with a transport document on his own expense without delay. Accordingly, the risk of document loss should generally be borne by the seller.
In order to ensure its own interests, the carrier requires the consignee to guarantee the delivery of goods without an original bill of lading, and requires the bank to provide a guarantee.
Bills of lading in different circumstances lost, all aspects of the responsibilities are also different, but this is something that after the loss of the bill of lading, the first or to be resolved as follows to reduce the risk of the possibility.
1, promptly notify the shipping company and its agents. Under such circumstances, the shipping company and its freight forwarders have the obligation to be cautious, and the holder of the bill of lading can no longer release the original bill of lading only upon release of the goods, but should provide the delivery person with sufficient evidence to prove that the bill of lading was nice. For example, whether the endorsement is continuous? Is the requirement met? Is there a reasonable consideration paid? The carrier may also lift the goods under the bill of lading through statutory procedures to relieve the liability of the goods.
2, promptly apply to the court for publicity. One can ensure that the rights and interests under the bill of lading are not infringed; two can solve the problem of long-term lagging bond. Because once the court decided to accept the public notice, during the transfer of the rights of the bill are null and void. Publicity appeals process lower legal costs, legal fees are also low, the reminder expires (usually 60 days) to apply for the court to make a ruling.
3. In general, the loss of documents should not affect the pressure on the port, because the receiver is obliged to receive the goods and can not refuse to unload; the carrier can not be the same as the original non-original bill of lading refused to unload, despite its right to refuse Release the goods.
4, postal courier company what kind of responsibility should be given the current exemption from the statutory treatment; whether it can be insured Postal Express risk insurance to pass on the loss, the current insurance company does not seem to have carried out the insurance.
5, the bank issued a letter of guarantee as long as the specific comprehensive letter of guarantee, generally no risk. Involving large letters of guarantee, the best legal adviser to check, because in practice there are many precedents for invalid bank guarantees.
Shipping documents lost in the courier, often resulting in the consignee at the port of destination can not be the original bill of lading delivery, the practice is usually by the consignee with a copy of the bill of lading delivery; or by the carrier to sign a new bill of lading supplier delivery and Settlement, or by the exporter authorized the carrier electric release; However, the above three cases, the carrier usually require the buyer to provide a reliable guarantee; the current shipping companies often require the exporter and its bank to jointly provide security, guarantee time is one Year, three years, six years. If the bill is issued by the third party, the exporter will face the problem of money and money. If the bill of lading is acquired by the third person in good faith, Empty ending.