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Under what circumstances can a Marine bill of lading be telex released?

The date of:2017-07-04 browse:4994

Under what circumstances can a Marine bill of lading be telex released?


The so-called telex release refers to the shipper (consignor) after loading the goods will be the carrier (or its agent) issued by the full set of original bill of lading back to the carrier (or its agent), and designated consignee (in the case of non-registered bill of lading); The carrier authorizes (usually by telex, cable, etc.) its agent at the port of discharge to deliver the goods without an original bill of lading (collected) by the consignee.


It is common to issue original bill of lading for international container shipping. With the rapid development of international trade in recent years, the form of telex release has become familiar to customers due to its convenience and efficiency.


The goods arrived at the port of discharge before the bill of lading


With the continuous progress and development of shipping technology, especially the popularization of container transportation, the working efficiency of loading and unloading ports has been greatly improved, so it is very common that goods arrive at the unloading port before their documents. This situation is more prominent in the near ocean transportation. For example, when China exports goods to countries or regions in east Asia and southeast Asia, due to the short voyage and relatively slow processing speed of bank documents and documents, the bill of lading often lags behind the arrival of goods. In addition, as far as ocean cargo transportation is concerned, accidents may also occur in the process of mailing documents, such as delay in sending documents, errors in sending documents, or delays caused by clarifying doubts about documents, documents arriving later than the scheduled time, etc. In this case, if the consignee still insists on picking up the goods with the original bill of lading, it may cause the goods to be pressed against the ship and port at the port of discharge, thus causing the obstruction of the port of discharge and the substantial increase of port expenses and warehousing expenses, leading to the increase of the cost burden of the carrier; Similarly, the consignee may lose a good opportunity to sell goods and other consequences.


2. Risk aversion: avoid the risk of document loss


In accordance with the international convention on the transport of goods, international trade practices and the laws of most countries, in the international transport of goods, as long as the carrier issued a bill of lading, the consignee at the port of discharge with the original bill of lading to pick up the goods (but according to the relevant laws of the United States, a registered bill of lading consignee need not submit the original bill of lading). Therefore, no matter what settlement method is adopted, the bill of lading will always be transferred from the shipper to the consignee's hands. In the process of bill of lading circulation, there may be a risk of mail loss. The bank is not responsible for the risk of loss of shipping documents under UCP600 35 and ucrc522 14. If the shipping documents, including the bill of lading, are lost, the trader may ask the carrier for a replacement bill of lading. In order to avoid loss of bill of lading holder collecting the goods, the carrier are very cautious, and puts forward very stringent requirements for the applicant, such as prior announcement, or the total cost of the goods several times interest-free cash or cashier order into the carrier company account, or provide relevant guarantees by Banks, and guaranteeing Banks tend to also require traders to provide cash counter guarantee, etc. In this way, not only the traders need to occupy a lot of capital, transaction costs rose significantly, but also for the bill of lading reissue procedures of the time, less than a few months, more than a year. Therefore, for the consignee or importer with good credit standing, in order to avoid the risks and costs caused to the consignee or consignor or importer due to the loss of the shipping documents, sometimes the exporter takes the initiative to propose to the carrier to use telex release for delivery.


3. Forwarder pick-up: forwarder bill of lading is unable to pick up the goods


With the opening of China's maritime market, the domestic international transport business and freight forwarder business are facing fierce competition. Foreign freight forwarders in China (referred to as foreign freight forwarders or freight forwarders) begin to issue their own House B/ L and form a transport contract relationship with shippers. At the same time, the foreign forwarder must also look for the actual carrier to carry the export goods, that is, the foreign forwarder itself as the shipper, by the shipowner issued a shipowner's bill of lading to it, or instruct the shipowner to issue a bill of lading in accordance with its requirements of the shipper (usually the importer).


Upon arrival of the goods at the port of discharge, the holder of a foreign forwarder's bill of lading shall collect the goods from the shipowner or his agent at the port of discharge against the forwarder's bill of lading exchanged for the shipowner's bill of lading; Or by the forwarder or its agent against the shipowner bill of lading after the bill of lading, the holder of the bill of lading forwarder bill of lading to the forwarder or its agent.


Thus it can be seen that this kind of freight forwarder actually has double identity: for the shipowner (actual carrier), this kind of freight forwarder is equivalent to the shipper, who arranges the shipment of goods and concludes the transport contract with the actual carrier, and obtains the shipowner's bill of lading issued by the shipowner. In the meantime, to consignor, this kind of freight forwarder is equivalent to carrier again and issue his freight forwarder bill of lading to consignor. Only when the bill of lading of the shipowner and the bill of lading of the freight forwarder are used together, the whole transportation of goods can be completed smoothly.


Although UCP 600 recognizes the forwarder's bill of lading, that is, the forwarder as the carrier can issue its own bill of lading. However, in practice, not all countries or regions have recognized and accepted the forwarder bill of lading, such as some countries in South America do not accept the forwarder bill of lading. If the shipowner's bill of lading is accepted at the port of discharge, but not the forwarder's bill of lading, the consignee may not be able to change the bill of lading to pick up the goods at the port of discharge, even if he holds the original forwarder's bill of lading. In this case, the consignee may require telex release.


4. Error correction: bill of lading operation error


In trade practice, the operational error in the bill of lading circulation process may also lead to the consignee holding the original bill of lading and unable to pick up the goods. For example, after the carrier issues a blank Order bill of lading Or a To Order of Shipper bill of lading, and the traders agree To use the method of remittance Or collection for settlement of exchange, the Shipper fails To properly endorse the bill of lading for various reasons when sending the shipping documents To the consignee. When the importer received this original bill of lading, because the bill of lading endorsement lack of continuity, does not meet the basic requirements of the bill of lading operating procedures, that is, the importer can not prove that he is the legitimate holder of the bill of lading. In such case, the shipping company or its agent at the port of discharge will not release the goods to the holder of the bill of lading. At this time, if the bill of lading is sent back to the shipper for endorsement, there may be a delay. Therefore, the importer holding the bill of lading without shipper endorsement, in order to pick up the goods as soon as possible, usually requires telex release of goods.


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