Maritime Pportation: Selection Skills Of "Telex" And "Sea Waybill"

With the development and changes of international trade law and practice, the popularity of container liner shipping and the progress of container pport technology, there have been some changes in the documents used in international container liner shipping in the past more than 10 years.

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The concept of "telex" and sea waybill

When the goods are shipped and the shipping company issues bills of lading, the consignee must produce an original bill of lading with proper endorsement (dulyendorsed). At the time when the port of discharge is changed or in other special circumstances, the consignee should usually surrender the original bill of lading. (Note: This is the nature of the bill of lading as a paid in securities, that is, the realization of the right to claim delivery on the bill of lading must be made as an important part of the return of the bill of lading), and it will also meet all the expenses payable before obtaining the DeliveryOrder (D/O) at the port of discharge.

When the consignee fails to obtain the bill of lading in time, it is usually the consignee who takes delivery of the bill of lading on the basis of the certificate of guarantee. (Note: Please distinguish the concept of "guarantee" which is usually used in shipping practice and the concept of "guarantee" in the Guarantee Law).

However, the shipping company can not guarantee against third persons (holding the real consignee of the bill of lading), because the bill of lading is a document that the carrier guarantees to deliver the goods.

The bill of lading specifies the delivery of the goods to the famous person, or the delivery of the goods in accordance with the instructions of the instrucer, or the delivery of the goods to the holder of the bill of lading, which constitutes a guarantee for the delivery of the goods by the carrier.

In order to enable the consignee to get the bill of lading without any time, and the shipping company is unwilling to deliver the goods on the basis of the certificate of guarantee, the practice of "telex" is produced in practice.

Generally speaking, "telex" is a concept in narrow sense, that is, the shipper (consignor) delivers the full set of original bills of lading issued by the carrier (or his agent) to the carrier (or his agent) after the shipment is loaded, and at the same time designate the consignee (in the case of a straight bill of lading); the carrier's authorization (usually by telex, telegram, etc.) notify the agent at the discharging port to deliver the goods on the condition that the consignee does not issue the original bill of lading (which has been withdrawn).

Therefore, the legal principle of "telex" is that when the bill of lading is issued by the carrier, the goods can be delivered (or the bill of lading is issued) when the bill of lading is recovered.

As the place where the carrier reclaims the bill of lading is located at the place other than the place of delivery (unloading port), usually in the port of loading, as a special case, the full set of original bills of lading is withdrawn.

However, there is no definition of "telex" in the relevant international conventions, laws of other countries (such as China's maritime law) and statutes.

Sea waybill rules

Simpler trade procedures usually attract more people to do business.

Therefore, a simple pport procedure is also one of the important factors determining the development speed of world trade.

Compared with the use of bill of lading, it is simpler, more timely and safer for the consignee to collect the goods by sea waybill.

So after 1970s, the sea waybill was accepted by banks.

The INCOTERMS developed by InternationalChamberOfCommerce (ICC) has written the sea waybill into the pport document (pportdocument).

In June 29, 1990, the thirty-fourth session of the International Maritime Committee held in Paris adopted the "unified rules of the Maritime Code of the International Maritime Commission" (CMIUniformRulesforSeaWaybill) to make the use of sea waybills more standardized.

Corresponding to the three functions of the bill of lading, the sea waybill also has the function of the receipt of goods and the function of the contract of carriage. However, the sea waybill is not a "certificate of title".

The provisions on domination are:

First, unless the shipper exercises his option, the shipper is the only party who has the right to give instructions to the carrier on the contract of carriage.

Unless the applicable law prohibits, the shipper shall have the right to change the name of the consignee at any time before the goods arrive at the destination and the consignee requests the goods to be extracted (the condition is that the consignor shall make a reasonable understanding of the carrier in writing or in other ways acceptable to the carrier, and thereby bear the liability for the additional cost of the carrier.

Second, the shipper has the option to pfer the right of control to the consignee, but it should be exercised before the carrier receives the goods and marked on the sea waybill.

Once the option is exercised, the shipper terminates the right in Item 1, and the consignee has this right.

The carrier, as long as he makes reasonable and prudent responsibility and confirms the claims of the consignee, can produce the goods by the appropriate consignee of the consignee without the need to produce the original sea waybill.

Of course, there are still some problems with the sea waybill, and it can not replace the bill of lading.

Therefore, many shipping companies do not have their own sea waybills.

But in some cases where the "power amplifier" is applicable, the sea waybill can usually be used.