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Marine bill of lading lost after how to remedy ( A)

by:CNS     2020-05-28
Shipping documents lost in delivery, often by the original b/l to the consignee at the port of destination after delivery, the practice is generally by the consignee with a copy of the bill of lading take delivery; By the carrier or retroactive a new set of b/l to supplier delivery and settlement of exchange is used, or authorized by the exporter carrier release; But the above three cases, the carrier usually require the goods to provide reliable guarantee; Now shipping company often requires exporters and their joint bank guarantee, guarantee time is one year three years in six years. Bank guarantee issued by the general requirements exporters deposit, if the amount is huge, to press the large sums of money for three to six years, will have an enormous pressure on exporters; If the bill of lading is the third person in good faith, exporters will face the end of the money goods two empty. May be many kinds of bill of lading lost in the shipping situation: ( 1) Lost in exporters under control; ( 2) Exporters after the documents to the issuing bank, lost in the issuing bank. ( 3) After the issuing bank to pay the documents to the Courier company lost; ( 4) Courier company delivered to the negotiating bank after missing; ( 5) The negotiating bank to the consignee after lost. In the ( 1) And ( 5) In both cases, must respectively by exporters and importers conceit duty; In the ( 2) And ( 4) In both cases, should by the issuing bank or negotiating bank; Problems often occurred in the first (that's missing 3) Kind of situation, in accordance with the current valid postal regulations, postal service only limited liability. According to incoterms 2000. Under the CIF, FOB and CFR conditions, the seller must own expense to provide shipping documents to the buyer without delay. Documents on the basis of inference, the risk of loss in general shall be borne by the seller. The carrier in order to ensure the rights of their own requirements under the condition of the consignee without original bill of lading for delivery; And requirements provided by the bank guarantee. If considering capital stagnation pressure, can take the following measures to solve: ( 1) Inform relevant shipping companies and their agents. In such a case, the shipping company and the agent have the obligation to handled carefully, can no longer held by the holder of the bill of lading original bill of lading or release the goods, and shall require DiHuoRen provided sufficient evidence, prove the bill of lading is benign. For example, continuous endorsement? Conform to the requirements? Whether to pay a reasonable price? The carrier can through legal procedures will be deposited, the bill of lading goods to deregulate the responsibility of the goods.
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