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The difference between sea waybill and telex and their choices of related parties (part 1) CNS Logistics

by:CNS     2021-04-06
The difference between sea waybill and telex and their choices of related parties (Part 1): 2018-05-28 10:53:00 Corresponding to the three functions of the bill of lading, sea waybill and telex also have the function of cargo receipt and However, none of them have the most important function of the bill of lading, which is the 'property certificate' function. In order to enable the consignee to pick up the goods in time when the bill of lading cannot be obtained in time and the shipping company is unwilling to deliver the goods on the basis of the guarantee, the practice of 'tele release' has emerged in practice, but the current international conventions , The laws of various countries (such as China's Maritime Law) and regulations do not have the definition of 'Electrical Discharge'. Compared with the case of using the bill of lading, the consignee's pick-up procedure is simpler, more timely and safer when using the sea waybill. Therefore, sea waybills began to be accepted by banks after the 1970s. INCOTERMS formulated by the International Chamber of Commerce (ICC) writes the sea waybill into the transport document. The 'CMI Uniform Rules for Sea Waybill' (CMI Uniform Rules for Sea Waybill) was passed at the 34th General Assembly of the International Maritime Commission held in Paris on June 29, 1990, making the use of sea waybills more standardized. Of course, the sea waybill still has some problems, and it cannot replace the bill of lading. Therefore, many shipping companies do not yet have their own sea waybills. However, in some cases where “tele-discharge” is applicable, sea waybills can usually be used. (1) The choice of the carrier The container liner company as the carrier is based on the 'customer is God' as its service concept. Therefore, when the customer requests the use of 'tele-release' or the sea waybill, unless the shipping company does not Own sea waybill, shipping company will meet customer requirements. However, for carriers, from the perspective of reducing risks, they should choose to use sea waybills. The basis and risk of choosing to use 'Telex release': As we all know, the bill of lading has been defined and regulated by international conventions and national laws. The 'reel release' is actually a special case when using the bill of lading. But this situation is very special, which makes the 'quasi-tradable securities' nature of the bill of lading, that is, the nature of the bill of lading to be freely transferable through delivery or endorsement plus delivery, is eliminated. At present, there is no international convention or national law that defines and regulates 'electro-discharge'. As mentioned earlier, the principle of 'Telex release' is to take back the bill of lading at a different place and then deliver the goods. This approach also refers to the special circumstances when the bill of lading is issued, that is, the approach of 'signing the bill in a different place'. However, there are still problems with 'signing orders in other placesStrictly operate in accordance with the definition of 'electro-dischargeHowever, some practices in practice still pose risks to the corresponding responsibilities assumed by the carrier after the 'electric discharge'. Noteworthy issues can include, but are not limited to: 1) When the shipper (shipper) applies for 'tele release2) The bill of lading can be duly endorsed and then transferred, the question of how to implement the 'reel release'. 3) The shipper and the consignee in the “tele-discharge” situation are both non-vessel carriers. When the shipping company as the actual carrier delivers the goods to the real owner, will it bear the responsibility of staggered cargo, or whether there is no vessel When the carrier delivers the goods by mistake, the shipping company shall bear the responsibility. 4) The occurrence of unclear authorization between the shipping company and the shipping agent and the assumption of responsibility. Reasons for choosing to use sea waybill: Whether it is in international trade (such as INCOTERMS formulated by the International Chamber of Commerce) or in international shipping (such as the Uniform Rules of Sea Waybill of the International Maritime Commission), there have been more than ten years of conventions and norms. Followable. The 'Telex release' is actually a way of operating in accordance with the sea waybill process when the bill of lading is used. Therefore, choosing to use the sea waybill when necessary is for the shipping company as the carrier to avoid the problems that may arise from the use of 'electric dischargeTherefore, when needed, it is more appropriate for the carrier to choose to use the sea waybill.
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