UNIT TEN

FUNCTION OF THE BILL OF LADING

From our study of the bill of lading, it will be appropriate to record the four functions
of this document. Broadly it is a receipt for the goods shipped, a transferable document of
title to the goods thereby enabling the holder to demand the cargo, evidence of the terms of
the contract of affreightment but not the actual contract, and a quasi negotiable instrument.
Once the shipper or his agent becomes aware of the sailing cards or some form of
advertisement, he communicates with the shipowner with a view to booking cargo space on
the vessel or container. Provided satisfactory arrangements have been concluded, the shipper
forwards the cargo. At this stage, it is important to note that the shipper always makes the
offer by forwarding the consignment, whilst the shipowner either accepts of refuses it.
Furthermore, it is the shipper's duty, or that of his agent, to supply details of the consignment;
normally this is done by completing the shipping company's form of bill of lading, and the
shipping company then signs the number of copies requested.
The goods are signed for by the vessel's chief officer or export wharfinger, and in
some trades this receipt is exchanged for the bill of lading. If the cargo is in good condition
and everything is in order, no endorsement will be made on the document, and it can be
termed a clean bill of lading. Conversely, if the goods are damaged or a portion of the
consignment is missing, the document will be suitably endorsed by the Master or his agent,
and the bill of lading will be considered claused od unclean.
Bills of lading are made out in sets, and the number varies according to the trade.
Generally it is three of four one of which will probably be forwarded immediately, and
another by a later mail in case the first is lost or delayed. In some trades, coloured bills of
lading are used, to distinguish the original (signed) bills from the copies which are purely for
record purposes.
Where the shipper had sold the goods under a letter of credit established through a
bank, or when he wishes to obtain payment of his invoice before the consignee obtains the
goods, he will pass the full set of original bills to his bank, who will in due course arrange
presentation to the consignee against payment.
The shipowner or his agent at the port of destination will require one original bill of
lading to be presented to him before the goods are handed over. Furthermore, he will normally
require payment of any freight due, should this not have been paid at the port of shipment.
When one of a set of bills of lading has been presented to the shipping company, the other
bills in the set lose their value.
In the event of the bill of lading being lost or delayed in transit, the shipping company
will allow delivery of the goods to the person claiming to be the consignee, if he gives a letter
of indemnity; this is normally countersigned by a bank, an relieves the shipping company of
any liability should another person eventually come along with the actual bill of lading.
Along with the Bill of Lading the Dock Warrant and Delivery Order are some of the
most important documents of title to the goods. The Dock Warrant is a document
acknowledging that the goods have been deposited with a dock or port company, a
wharfinger, or a warehouse. The Delivery Order is a document issued by the shipping
company to the port of discharge. By handling this document over to the ship officer the
consignee can obtain the cargo.


QUESTIONS
1. What are the four principal functions of the bill of lading?
2. Explain the procedure of issuing B/L: the role of the Shipper, Owner.
3. Who issues, fills in, and respectively, signs the B/L
4. What is the B/L exchanged for in some trades?
5. When will a B/L bear an endorsement?
6. To whom are copies (how many) of the B/L given or sent?
7. When does the shipper pass a full set of bills of lading to his bank?
8. What does the Master or the shipowner's agent require at the port of destination before
handing the goods over?
9. What procedure is normally followed if the B/L has been lost or delayed?
10. Why must the bank countersign the letter of indemnity?





EXERCISES

I COMPREHENSION

1. State (or insert) an appropriate headline for each of the following passages (see a
copy of B/L above): Demurrage, Delay, Loading-Discharging-Delivery, Freight,
General Average, Both-to-Blame Clause:
1. If the vessel comes into collision with another vessel as a result of the
Negligence of the other vessel, or default of the Master or the Servants of the
Carrier, the Merchant will indemnify the Carrier against all loss or liability to
The other or non carrying vessel .
2. The Carrier shall be paid __________ at the daily rate of 45$ per ton of the
vessels GT if the vessel is not loaded or discharged with the despatch set
out in Clause 8; and delay in waiting for berth or off the port to count.
3. The Carrier shall be responsible for any loss sustained by the Merchant through
___________ of the goods unless caused by the Carriers personal gross
negligence.
4. The merchant or his Assign shall tender the goods when the vessel is ready to
load and as fast as the vessel can receive: _______________
5. Prepayable __________: whether actually paid or not, shall be considered as
fully earned upon loading and non-returnable in any event.
6. _____________ to be adjusted at any port or place at Carriers option and to be
settled according to York-Antwerp Rules 1950.

2. Supply the missing word (or verb form) from the brackets:
(GIVE, PAYS)
F.A.S.: Under Free alongside ship, the seller __________ all the costs for
getting the goods to the place before loading them on board the vessel.
The custom of the port may ___________ f.a.s. a special meaning.
(PRODUCE, IMPLIES, SEE, BEARS, GET, PLACED, CEASE, PAYS)
F.O.B.: This quotation Free on Board - _____________ that the duty of the
seller is to ___________ the goods, ______ them to the port and
___________ that they are actually placed on board the vessel, which
the buyer provides.
The seller, therefore, _________ all the charges preceding
the loading of the goods on the ship, such as cartage, insurance,
handling and lighterage. When the goods _________ on board the ship
and the seller has obtained the receipt for the goods, the responsibility
of the seller __________ . Thereafter the buyer _________ all the
carges including insurance of the goods from departure to the port of
destination and __________ the freight.

(PROVIDES, REACH, INCURRED, COST, BOOKS, LIABLE, PAYS)
C.I.F. : Undoubtedly the most popular quotation is cost, insurance freight..
Under a c.i.f. contract the seller ___________ the goods, _________
cargo space on the vessel __________ freight for the carriage to the
buyers port which is named, etc. He is ___________for any loss or
damage before the goods _________ the ship. The seller is entitled to
payment in exchange for the documents including bill of lading and
insurance policy relative to the shipment. The buyer will be
responsible for the charges _______________ in getting the goods off
the ship to his warehouse, such as lighterage, dock dues and custom
duties.

3. State which parties engaged in the transport by sea are
defined below: (shipowner, mate, stevedore, forwarding agent,
ship-broker, shipper, owner of the goods, master)
1. Company that undertakes transport by sea on its own account.
2. Company that owns the goods destined for transportation by sea or land.
3. The captain of a ship.
4. Agent arranging collection, forwarding and delivery of the goods.
5. Company or agents securing shipping space and placing them on bord a ship
for transportation.
6. An agency engaged by the shipowner to perform various services in obtaining
cargo, offering shipping space, insurance, arranging freight rates, issuing
B/Ls etc.
7. Ships officer responsible for loading and delivery of the cargo.
8. Company that carriers out stowage of a ships cargo, and its loading/discharge.

4. Make up an outline, i.e. headings or label that may best express the main idea of
each of the eight passages in the reading text.

II GRAMMAR

1. Word forms. Supply the appropriate worm listed in the brackets:
(ship, shipper, shipping, shipment)
1. The agent promised to _________ the goods immediately.
2. Warnings to _________ are transmitted every day.
3. The _____________ of the cargo is the responsibility of the shipper.
4. The goods were ____________ on board in apparent good order and condition.
5. _____________ technology has been much improved lately.
6. We received the goods for further __________ to Austria.
7. A _____________ note is given to the port and contains details of the cargo to be
loaded on a named ship.

2. Condition II. In addition to the conjunction IF and auxiliary SHOULD, clauses of
condition can be introduced by:
Provided , Provided that , In the event that .
2.1. Find all the examples of the clauses of condition in the text above
(5 examples) and rewrite them.
2.2. Transform each of the sentences below by introducing them with:
Should
Provided (that)
In the event that/In case that
1. If the cargo is damaged, a survey must be called at once.
2. If the number of bags is not correct, you must endorse the B/L suitably.
3. The goods cannot be delivered in the original B/L has not been presented
to the carrier.

III TRANSLATION

1. Translate the following sentences into english using the Verb + Noun (Object)
collocations in brackets:
1. Teret se nee predati prije nego to se izvri plaanje (effect payment).
2. Na teretnici je upisana opaska u vezi s kvalitetom pakovanja (endorse the Bill of
Lading).
3. Da bi preuzeo (in order to ) poiljku, primalac mora brodu prezentirati teretnicu
(present the B/L).
4. Odredba Freight Pre-paid oznauje da je vozarina ubrana prije otpremanja
(collect the freight)
5. Nakon to je predana originalna kopija teretnice, sve ostale kopije teretnice gube
svoju vrijednost (lose value).

2. Translate into English:
1. Vozar ima pravo zaloga (lien) na svaki iznos koji proizlazi (due) iz ovog ugovora,
te na trokove za ishoenje (recover) tog iznosa.
2. Vozar ima pravo (entitle) da proda robu sam (privately) ili na drabi (auction) da bi
pokrio svoja potraivanja.
3. Pod uvjetom da je zakanjenje nastalo uslijed (due to) razloga koji su izvan moi
Trgovca, od prekostojnica odbit e se (deduct) 24 sata.
4. Naruitelj e snositi (bear) sve trokove prekovremenog rada (overtime) u vezi s
dopremom (tendering) i preuzimanjem robe.
5. Vozar moe (at liberty) prevesti robu do luke odredita svojim ili drugim brodom,
, te prekrcati jer, iskrcati i uskladititi na teret Trgovca (at risk).
6. Ovaj ugovor ukljuuje (include) normalne, uobiajene, i oglaene luke ticanja, ali
i luke izvan redovnih (ordinary) ruta.
7. Zapovjednik moe iskrcati teret u luci ukrcaja ili bilo kojoj drugoj sigurnoj i
pogodnoj (convenient) luci, ako epidemije, karantena, trajkovi, , ili tekoe
u prekrcaju onemogue brod da isplovi (leave) iz luke ukrcaja.



APL FACT SHEET. DOCUMENTATION

When it comes to Bills of Lading, you
have more options than you think.


What is a Bill of Lading ?
There are several types of Bills of Lading, each of which serves a different function. Because
of this range of functionality, it's important to understand how each works to identify the right
document for your needs.
In general, a bill's consignment is the key to understanding how it works. The most common
type of Bill of Lading is known as a To Order Bill-is consigned To Order or To
Bearer and is therefore a negotiable document that confers title. A Straight Bill of
Lading and the Sea Waybill are consigned to a named consignee, and are therefore non-
negotiable under the law of most, but not all countries in the case of Straight Bills of Lading.

Knowing which document to use can save time and money, eliminate documentation
problems and streamline your transportation process. Let's start with the negotiable To
Order Bill of Lading, which serves the following five main business purposes:

1) A document of title representing ownership
2) A negotiable document to be exchanged for money
3) A contract of carriage between the carrier and the cargo owner
4) A receipt by the carrier for the cargo
5) An invoice from the carrier

How does a To Order Bill of Lading work?












1. Buyer opens
Letter of Credit
(L/C), Buyer's
Bank confirms
L/C to Seller's
Bank.






3. Seller's Bank
forwards
original B/L to
Buyer's Bank,
which then
provides it to
Buyer.
Because the To Order Billis negotiable, it's the docu-
ment of choice when third-party financing (through a
bank, for example) is an issue. Say you're a buyer in
Asia who wants to purchase goods and import them
from a seller in the U.S. Before the seller arrangest to
ship the cargo toyou, you'll need to demonstrate that you
can pay for the shipment.
To to this, you'd open a letter of credit from a bank after
proving that you have the necessary funds to repay the
bank. The letter of credit is a loan for the value of the
incoming shipment, and the shipment itself is one form
of security for the loan. So the bank actually owns your
shipment until you pay off the loan.
Because the bank is involved, the seller has a guarantee
that the shipment will be paid for. The seller is therefore
willing to tender the shipment to the carrier, and
receives a To Order Bill in exchange. Because the
Bill serves as title to the cargo, as part of the payment
process, the seller is paid the selling price by the bank
hodling the letter of credit in exchange for the endorsed
Bill. The Bill is then forwarded to the buyer's
correspondent bank at origin. Once the shipment arrives
at its destination, the bank surrenders the original Bill to
the buyer, who then presents it to the carrier to receive
the cargo.







2. Seller tenders ship-
ment to carrier and
receives original To
Order B/L Seller
takes B/L to Bank and
Bank examines B/L
and L/C.






4. Buyer presents original
B/L to carrier to
collect shipment.







When should I use a Straight Bill or Sea Waybill?

You' ll want to use one of these two documents whenever you don't need theBill to function
as a financial instrument in a case in which you've arranged credit or financing that is
independent of traditional trade financing via a letter of credit. Like to negotiable To Order
Bill, these docuemnts serve as contract of carriage, receipt of goods and as invoices. The bit
difference is negotiability, or whether or not the document must function as a financial
instrument.

For example, you're transporting goods to a buyer with whom you have a long-standing
relationship (and who always pays for the goods to your satisfaction). Or, perhaps you're
shipping product one division of a company to another, so financing is an intracompany
formality.

In either case, you're confident that you'll be paid for what you are selling. This isn't the type
of transaction that requires a letter of credit, so you don't need the Bill to function as title
and it need not be negotiable. This is when you should consider using either a Straight Bill or
a Sea Waybill.


What's the difference between these two documents and how do they work?

The main differences between these two documents are 1) appearance, because they are
printed on slightly different forms; 2) negotiability, as interpreted by< some countries (other
than the U.S.).

The Straight Bill uses the same pre-printed form as a negotiable To Order Bill, except the
term To Order is not entered in the consignee block. The Sea Waybill uses a different pre-
printed form, which has many of the same terms and conditions as the To Order Bill.
However, all references to Bill of Lading and negotiability are removed and no originals
are issued.

Although neither document is considered negotiable in the U.S., the Straight Bill in
considered negotiable in some countries, for example, India, Indonesia, Korea and certain
European countries. Because of this, we recommend using the Sea Waybill instead of a
Straight Bill because local law will permit its use as a non-negotiable instrument.

Because a non-negotiable document does not function as a document of title, the consignee
need only present proper identification and pay any charges that are due in order to pick up
the cargo. This eliminates the need for surrender of an original Bill of Lading prior to cargo
while the buyer waits for the chain of negotiation to be completed. In the case of Straight Bills
of Lading issued in the countries identified above, this fundamental benefit of a non-
negotiable form of Bill of Lading is frustrated. Bills issued in such countries will be treated as
negotiable.