Marine bill of lading lost after how to remedy ( 3)
Bill of lading is the document of the goods, only the legal holder of bills of lading can claim goods to the carrier, in the l/c trade, the transfer of the ownership of the goods, is the shipper's settlement of exchange, the consignee of the said bill and transfer payment to the bank. The consignee payment before delivery, the shipper more powerful right of claim to the carrier the goods. On the premise of the shipper has declared that the original bill of lading invalid, only pay the payment from the issuing bank of the people, is a bona fide holder of the bill of lading, can really have the goods right, and did not pay the payment for goods, the ownership of the goods did not transfer to the holder of the bill of lading. If someone is missing the bill of lading, is certainly not payment to come from the bank, and therefore is a bona fide holder of the bill of lading, also have the right to claim goods to the carrier. Such as the bill of lading lost in the shipper before the settlement of exchange, the bill of lading is usually just a goods receipt. If the requirements to the bill of lading issued by the bill of lading lost the shipper, the carrier shall, first of all, require the shipper according to in accordance with local laws (in the form of Published in main local newspapers lost invalid statement, and get a written confirmation, etc. ) Make the bill of lading invalid, at the same time to assume corresponding responsibility issue a letter of guarantee, bill of lading issued by the carrier to best use a different number of the bill of lading, but should be at least two sets of bill of lading, a significant difference between the before and after, in the port of discharge can be easy to identify, and shall notify the port of discharge agent to issue the bill of lading content other relevant documents and other related will change accordingly. But now some of the carrier in the issuance of the bill of lading, not only use the original bill of lading bill of lading number, and other content is the same as the original bill of lading, this ticket goods have two copies of the same bill of lading, the carrier to require the since the shipper lost the original bill of lading invalid announcement, issued by the same pick up the goods, but still do this itself is very contradictory, also left a hidden danger to the port of destination delivery, this is for both the carrier and shipper's irresponsible act. The port of destination likely two sets of the same original bill of lading, if the carrier deliver the cargo to a bona fide holder of the bill of lading, after the carrier will face real bona fide holder of the bill of lading inquiries & hellip; … 。 If so simple to issue the same as the original bill of lading bill of lading, is not a good way to protect the interests of the carrier. If the bill of lading and the original bill of lading, issued by the port of discharge on delivery is not the above problems, such as a, the former is to pick up the goods can be delivery if the latter, may require newcomers to provide letter of guarantee issued by the issuing bank has payment, otherwise not to pick up the goods. So need to provide a bank guarantee, is to hold the original bill of lading DiHuoRen, rather than the shipper, the real consignee have pay the payment to the bank, payment to bank to issue a letter of guarantee is relatively easy. Doing so is safe, can effectively avoid the port of discharge secondary the happening of the original bill of lading take delivery, can also protect the interests of the shipper. If the bill of lading lost in the shipper after the settlement of exchange, the ownership of the goods have been transferred to the hands of the goodwill holder of the bill of lading, so generally do not need to issue a bill of lading, the carrier is the obligation of the goods to bona fide holder of the bill of lading. Also should be different according to different situations: under the straight bill of lading, the straight bill of lading according to the law of most countries is non-negotiable, that is, the consignee is fixed, as shipper's request and not in original bill of lading take delivery risk is relatively small, For example, in the United States) 。 At this point the carrier upon receipt of the consignee's company letter of guarantee and shipper agrees to deliver the cargo to the consignee's written guarantee, can deliver the cargo to straight bill of lading of consignee. Under the condition of the instructions of the bill of lading, such as the port of discharge agent from the consignee because the bill of lading made to the original bill of lading lost and can't take delivery of request, the consignee shall be required to produce the original copy of the original bill of lading issued by the carrier/photocopies, commercial invoice, packing list and commercial contract documents to review whether to pick up the goods to the consignee, if consignee pick up the goods, the principal-agent still must check whether it has authorized. The port of discharge agent at the same time, should ask the consignee to provide the first-class bank ( Domestic to subordinate the bank of China, and the city, the People's Bank of China's commercial Banks and city branch; Abroad for local reputable bank) Meet certain standards issued by the format of the letter of guarantee, at the same time, the port of discharge agent should be loading port agent, please contact shipper on the bill of lading, shipper agree in this case will be put to DiHuoRen written guarantee for the goods.