Introduction Of Clean Bill Of Lading And Unclean Bill Of Lading

　　 Clean bill of lading CLEAN ON BOARD B/L

What is a clean bill of lading? A bill of lading indicating that the goods are in good condition when the goods are loaded, and that the carrier or his agent has not endorsed the bill of lading or the defective packing.

Usually, a shipping company's bill of lading, without any bad endorsement, indicates that the bill of lading is a clean on board bill of lading, and a clean bill of lading will be required in the general customer's letter of credit, as to whether the bill of lading is on the bill of lading. Display CLEAN ON BOARD, shipping companies basically do not display these words, but for this point, different banks have different practices. Most banks do not require CLEAN ON on the bill of lading. BOARD, that is to say, they will not take the CLEAN ON BOARD as the discrepancy of the documents, but some banks must have it. For example, the Bank of China in some areas will have this question. Generally speaking, after receiving the letter of credit application, they confirm with the bank that if they ask for a bill of lading on the letter of credit, the bill of lading must be displayed. If necessary, inform the guest promptly not to appear in the document requirement. Show the item and tell the guest the reason.

Depending on how you request LC, most of them are FULL SETS OF MARINE CLEAN ON BOARD B/L, the bill of lading does not need to specify clean on, but some individual customers will ask for it. MARKED CLEAN ON BOARD, you can only ask for the words "clean on board" on the bill of lading.

According to ISBP 79. "Shipped in apparent good order", "loaded on board" (Laden on board), "clean on board" (clean on) Board or other terms including "shipped" (shipped) or "shipped" ("on board") are equivalent to the words "shipped on board" ("Shipped on board"). 。

ISBP 91. even if a letter of credit may require a clean bill of lading (clean on board bill of) or a bill of lading marked "clean on board" (clean on board), There is no need to appear "clean" (clean).

　　 Unclean bill of lading FOUL B/L

When the goods are shipped, their packing and surface condition are not solid and complete. The ship can endorse it, that is, the unclean bill of lading.

In practice, when the carrier accepts the goods, if the goods are in poor appearance, they usually make a record on the receipt of the mate, and then transfer the record to the bill of lading when the bill of lading is issued formally. stay In the practice of international trade, banks refuse exporters to settle accounts with unclean bills of lading. To this end, the shipper should repair or replace damaged or defective goods. Customary The alternative is to issue a letter of guarantee by the shipper, asking the carrier not to transfer the endorsement of the goods on the bill of lading on the bill of lading to the bill of lading, and to issue the cleaning according to the letter of guarantee. Bill of lading, so that exporters can successfully complete the settlement.

However, if the carrier fails to transfer the endorsement on the mate's receipt to the bill of lading, the carrier may be liable for the liability of the consignee, and the carrier shall therefore be liable for loss and shall be compensated by the shipper. that Whether the shipper is able to compensate is often difficult to obtain the protection of the law while undertaking the recovery to the shipper, and takes great risks. The rights and obligations between the carrier and the consignee are the provisions of the bill of lading. Regulation, not guarantee of guarantee. Therefore, the carrier can not refuse to pay by the letter of guarantee. The letter of guarantee is invalid to the consignee. If the act of both parties concerned damages the interests of the consignees of the third party, it is against the law. The basic principles of honesty and credit in civil activities are easy to collude with shippers and act as fraudulent acts against consignees.

Because the practice of exchanging a bill of lading with a letter of guarantee can sometimes play a flexible role, it is difficult to completely reject it in practice. In the reply, it is pointed out that "a letter of guarantee issued by a shipper to a carrier for a clean bill of lading is not binding on the consignee." No matter how the guarantee is stipulated, it will not affect the receipt. A person claims against the carrier or the shipper, and a letter of guarantee issued by the other party to the shipper and the carrier in good faith, both parties have the obligation to perform. The carrier should be clear that he is accepting insurance. The position after the letter must not be taken lightly.