In the daily work process, although very careful, but always inevitable a few small mistakes happen. The loss of b/l is a serious problem. In the process of sending the bill of lading, it is very likely that the bill of lading will be lost:
1. Lost under the control of the exporter.
2. The exporter shall lose the documents in the issuing bank after the documents are sent to the issuing bank.
3. The documents of issuing bank shall be lost by Courier company.
4. The express company is lost after the negotiation bank.
5. The negotiating bank is lost after it is delivered to the consignee.
In both cases 1 and 5, the exporter and the importer shall be responsible for their respective liabilities respectively; In both cases 2 and 4, the issuing bank or the negotiating bank shall be responsible; The problem is that loss tends to occur in the third case, with the postal service taking only very limited liability in accordance with the current effective postal regulations.
According to the incoterms 2000, the seller shall, under CIF, CFR and FOB terms, provide the buyer with the shipping documents without delay. Therefore, the risk of loss of documents should generally be borne by the seller.
The carrier, in order to ensure its own rights and interests, requires the consignee to guarantee the delivery of the goods without the original bill of lading, and require the bank to provide the guarantee.
Bill of lading lost in different situations, responsibility aspects also each are not identical, but it's later, after the bill of lading lost in the first place or to the following measures to solve, reduce the possibility of risk.
1. Timely inform relevant shipping companies and their agents. In such a case, shipping companies and freight forwarders have the obligation to care, cannot only 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, is the endorsement continuous? Does it meet the requirements? Have you paid the right price? The carrier may also, through legal proceedings, lift the goods under the bill of lading to remove the responsibility for the goods.
2. Apply for public notice to the court in time. One can ensure that the rights and interests of the bill of lading are not infringed; The second can solve the problem of long - term margin pressure. Because once the court decides to accept the public notice, the transfer of the rights of the bill is invalid. The legal fees of the public notice procedure are lower, the legal fees are lower, and the expiry date (usually 60 days) can be applied to the court to make the decision.
3. In general, the loss of documents should not affect the port of pressure, because the consignee is obliged to receive the goods and cannot refuse to unload the goods accordingly; The carrier shall not refuse to discharge the goods on the grounds that the consignee has no original bill of lading, though it has the right to refuse to release the goods.
4. What is the responsibility of the postal express company, and the current regulations give it a nearly disclaimer? Whether it can be passed through the insurance of postal express risk insurance to pass on the loss, the insurance company seems to have not carried out this insurance.
5. As long as the wording of the letter of guarantee is specific and comprehensive, the bank will not be at risk. It is better to ask a legal adviser for a large letter of guarantee, because there are many examples of bank guarantee invalid in practice.
The shipping documents are lost in the express delivery, which often causes the consignee to pick up the goods in the port of destination. In practice, the consignee is usually carried by the consignee on the basis of copy bill of lading. Or by the carrier to sign a set of new bill of lading for delivery and settlement, or by the exporter to the carrier; However, in the above three cases, the carrier usually requires the shipper to provide reliable protection; At present, the shipping company often requires the exporter to jointly provide the guarantee with the opening bank, the guarantee time is one year, three years, six years. A bank guarantee generally requires the exporter to pay the deposit. If the amount is large enough, the huge amount of money will be pressed for three to six years, which will put great pressure on the exporter. If the bill of lading is obtained by a third party in good faith, the exporter will be faced with the result of two empty cash goods.