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The difference between sea waybill and telex and their choices of related parties (below) CNS Logistics

by:CNS     2021-04-06
The difference between sea waybill and telex and their choices of related parties (below): 2018-05-29 14:45:00 (2) The choice of cargo party The cargo party referred to here is the seller and Buyers, usually they are the cargo parties in the contract of carriage, that is, the shipper (shipper) and the consignee. For shippers and consignees, in some cases, there is also the question of whether to choose to use 'tele-release' or sea waybills. The right choice will enable it to not only meet the needs of the process, but also protect its own rights and interests. 1) The choice of shipper (consignor) First of all, the seller in the contract for the sale of goods and the shipper (consignor) in the contract for the carriage of goods should understand the basic concept of 'relay'. 'Electro-discharge' can not be used under all circumstances. For example, when a letter of credit is adopted as the method of payment for goods and is in compliance with the ICC’s Uniform Customs and Practice for Documentary Credits (UCP), the “Electrical Release” cannot be used because UCP500 stipulates The ocean bill of lading requires a full set of originals, while “tele release” requires the shipper (consignor) to return the full set of bills of lading to the carrier (Note: In practice, because the carrier is not clear about the concept of “tele At the same time as “tele-release”, the wrong way of signing an original bill of lading by the carrier, etc., must not be imitated). However, if the buyer and seller choose remittance as the payment method, since the buyer and the seller trust each other and do not need to use the bill of lading as a guarantee for the payment of the goods, 'tele release' can be used at this time. However, if the seller has any doubts about the payment of the goods, he should pay attention to whether he can receive the payment in a safe and timely manner after the 'electric release'. Secondly, the shipper should understand that in the case of using “tele-discharge”, since a full set of bills of lading must be returned to the carrier, in some cases, for example, when required by the competent authority during inspection or when there is a dispute with the carrier At that time, the shipper will be unable to produce the bill of lading, which will affect its protection of its own rights and interests. Since the sea waybill can be used in all cases where “telephone release” can be used, the use of sea waybill is safer than the use of “telephone release”, and it can attract the shipper's attention to safeguarding their own rights and interests. Therefore, for the shipper (consignor), the sea waybill should be used. 2) The choice of the consignee The buyer in the sale and purchase contract is usually in a dominant position when negotiating the sale and purchase contract. But when it is the consignee in the contract of carriage, it is often in a passive position. Therefore, it is more important for the consignee to specify whether to use “telex release” or the sea waybill in the sales contract. In practice, the sales contract will occasionally stipulate “tele-discharge”, but in most cases it is the seller’s proposal and the buyer’s acceptance. The buyer, as the consignee, should also understand the basic concept of 'tele-discharge'. Due to the “tele-release” situation, the carrier will accept the shipper's (consignor) instructions to determine the consignee (except for the registered bill of lading), and the consignee’s name may be changed before the consignee picks up the goods. Therefore, for the consignee, if the payment is made after receiving the goods, there is no risk of picking up the goods. However, if the consignee pays for the goods first and then has the right to pick up the goods, there is a risk that they will not have the right to pick up the goods after payment. In addition, in the case of “tele release”, the consignee cannot obtain the bill of lading, and when a dispute arises, it may not be able to protect its own rights due to the failure to produce the bill of lading. The use of the sea waybill is based on the agreement of the purchase and sale contract and the transportation contract, while the use of 'reel release' may be a temporary decision. Therefore, for the consignee, choosing to use the sea waybill can not only protect its own interests in accordance with the rules of the sea waybill, but also pay attention to the conditions and risks of using the sea waybill. Therefore, the consignee should also choose to use the sea waybill. (3) Concluding remarks The practice of 'telephone release' has a history of nearly ten years in my country's international liner shipping, and it has played a certain role in practice. However, its problems are also obvious. Since many shipping companies do not have their own sea waybills, and in most cases, there is no deliberate fraud by the cargo party. Therefore, 'Telex release' is widely circulated in practice. When the carrier, non-vessel carrier, shipper (shipper) and consignee all understand the principle of 'electric release' and the sea waybill rules, and the carrier has its own sea waybill, everyone will gradually abandon it. The sea waybill is used instead of 'electric release'. Of course, once the procedures for using electronic bills of lading are established, the status of the documents used in liner shipping practices will change again. Both 'Telex Release' and 'Sea Waybill' were created to facilitate maritime transportation, and are often used in the current practice of international container liner shipping. According to the statistics of the documents used by some container liners on China-Japan routes, the use of bills of lading is still as high as about 90% based on the number of votes, the use of 'tele-release' has also accounted for about 8%, and the use of sea waybills accounts for only 2 %about. However, when people choose to use “telex release” or sea waybill, they often choose blindly. (The content comes from the Internet, for reference only)
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