Telex release bill of lading and "sea waybill" are created for the convenience of sea transport, and in the current international container liner transport practice often use. According to the statistics of some container liners in the Sino-Japanese route using documents, according to the number of tickets, the use of bills of lading is still as high as about 90%, the use of Telex release bill of lading has also accounted for about 8%, while the use of sea waybill only accounted for about 2%. However, people in the choice to use " telex release " or the use of sea waybill, often is the cloud, blindly choose. In the study of the choice to use " telex release " or the use of sea waybills, must first clear " telex release " and the basic concept of sea waybills.
In the case of goods loaded, the shipping company issued a bill of lading, the consignee must deliver a properly endorsed (duly endorsed) of the original bill of lading (in the change of the port of discharge or in other special circumstances, usually a full set of original bill of lading should be delivered) (Note: this is the nature of the bill of lading as a paid securities, that is, the bill of lading on the request to withdraw the right to achieve the bill of lading must be returned as an element), and should also pay all the fees payable, and then in the port of discharge to obtain a bill of lading (Delivery Order, D / O), the withdrawal of goods.
When the consignee is unable to obtain a bill of lading in time, the consignee usually takes delivery of the goods in exchange for a bill of lading on the basis of a guarantee (note: please distinguish between the concept of "bond", which is commonly used in shipping practice, and the concept of "guarantee" in security law). However, the shipping company cannot use the guarantee against a third party (the real consignee holding the bill of lading) because the bill of lading is the document by which the carrier guarantees the delivery of the goods. The terms contained in the bill of lading for the delivery of the goods to the named person, or to the person instructed, or to the holder of the bill of lading, constitute a guarantee by the carrier for the delivery of the goods.
In order to enable the consignee in some can not get the bill of lading in a timely manner, and the shipping company is not willing to deliver the goods in a guaranteed situation to be able to withdraw the goods in a timely manner, the practice has produced the practice of telex release bill of lading. People usually say "telex release" is a narrow concept, that is, the shipper (consignor) will be loaded on board the carrier (or its agent) issued by the full set of original bill of lading returned to the carrier (or its agent), while the consignee (non-nominal bill of lading in the case); the carrier authorized (usually by telex, telegraph and other communications The carrier authorizes (usually by telex, telegram and other means of communication) its agent at the port of discharge to deliver the goods without the consignee producing the original bill of lading (which has been recovered).
Therefore, the legal principle of the telex bill of lading is: in the case of a bill of lading issued by the carrier, the bill of lading can be recovered to deliver the goods (or issue a bill of lading). As the carrier to recover the bill of lading is in the delivery of goods (port of discharge) outside the place (usually in the port of loading), depending on its special circumstances, so recover the full set of original bill of lading. However, the current international conventions, domestic laws (such as the Chinese Maritime Law) and regulations are not defined as " telex release ".
Sea waybill rules
Simpler trade procedures usually attract more people to do business. So too, simpler shipping procedures are an important factor in determining the speed at which world trade develops. When using a sea waybill, it is easier, more timely and safer for the consignee to collect the goods than when using a bill of lading.
With the three functions of the bill of lading, the bill of lading also has the function of a receipt for the goods and the function of proof of the contract of carriage, however, the bill of lading is not a "document of title".
There are, of course, some problems with bills of lading and they do not replace them. For this reason, many shipping companies do not yet have their own sea waybills. However, in some cases an telex bill of lading is applicable and often a sea waybill can also be used.
In shipping practice, often encounter tele-release bills of lading, sea bills of lading and other documents different from the ordinary original bill of lading. What is the difference between them and the general bill of lading, and what is their special purpose?
Telex release bill of lading means delivery by cable. The foreign carrier retains the full set of original bills of lading and notifies the agent at the port of destination. The consignee shall present the printed copy of the original bill of lading and guarantee delivery of the goods. The telex release bill of lading usually has a telex release, surrendered and other words. A "Telex release bill of lading" marked "Surrender" will be picked up by the shipper in accordance with his or her identity at the port of destination, while a consignee marked "Telex release" will receive the telex release bill of lading from a facsimile copy of the telex release bill of lading.
A sea waybill is somewhere between an original bill of lading and an electric bill of lading. That is, it has the function of the original and enjoys the speed of the electric release.
SEAWAYBILL that is, the sea waybill, is proof of the contract of carriage by sea and the goods have been received or loaded by the carrier, the carrier guarantees that the goods will be delivered to the consignee named in the document of non-negotiable documents. It is not a document of title and therefore not transferable. The consignee is not with this but with the notice of arrival to pick up the goods, so the sea waybill consignee to fill in the actual name and address of the consignee. At the same time, some shipping companies will charge telex release fee, but there is no charge for the application of waybill. The safest thing is to make a sea waybill after receiving the money.
As a carrier, container liner companies have "customer is God" as their service concept, so When the customer requests the use of telex release bill of lading or the use of sea waybills, unless the shipping company does not have its own sea waybill, the shipping company will meet the customer's request However, in the case of carriers, it is not always possible to use the same service. However, for carriers, the option of using the sea waybill is preferred.
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