ubl-tsc — archive

[Andrew Schoka]

TSC and Jon/Tim, For Section 2.14. 3 and .4, I propose that we use the updated versions of Bill of Lading and Waybill as commented on by Marco who is deeply involved in the Freight Forwarding World. I repeat the text below . We should take an appropriate extract from that in Section 2 to put in Section 3. Proposed Section 2.14.3: Bill of Lading A Bill of Lading is a transport document that is the evidence of a contractual agreement between the parties for the transportation service. The document evidences a contract of carriage by sea and the acceptance of responsibility for the goods by the carrier, by which the carrier undertakes to deliver the goods against surrender of the document. The Bill of Lading (B/L) may serve as a document of title. A provision in the document that the goods are to be delivered to the order of a named person, or to order, or to bearer, constitutes such an undertaking. A Bill of Lading is normally issued by the party who provides the physical transportation services (e.g. the maritime carrier) to the party who gives instructions for the transportation services (shipper, consignor, etc.) as a receipt for the cargo and sometimes of instructions, stating the details of the transportation, charges, and terms and conditions under which the transportation service is provided. A Bill of Lading may also be issued by the party who acts as an agent for the carrier or other agents to the party who gives instructions for the transportation services (shipper, consignor, etc.) stating the details of the transportation, charges, and terms and conditions under which the transportation service is provided, but who does not provide the physical transportation service. In such case a Bill of Lading is signed “as agent”. Much of the information contained in the Bill of Lading corresponds to the information on the Forwarding Instructions. It is used for ocean or inland waterways modes of transport. A freight forwarder, who can be either a Transport Service Provider or a Transport Service User according to different circumstances and depending on the contractual interlocutor, can assume responsibility for the shipment with regards to the shipper and issue Bills of Lading as a common carrier, a contractual carrier or as a Non Vessel Operating Common Carrier (NVOCC). In such case, when the transportation is multimodal, it can provide a multimodal Bill of Lading. Proposed Section 2.14.4 Waybill: A Waybill is a transport document issued by the party who undertakes to provide transportation services, or undertakes to arrange for their provision to the party who gives instructions for the transportation services (shipper, consignor, etc.). It states the instructions for the beneficiary and may contain the details of the transportation, charges, and terms and conditions under which the transportation service is provided. Unlike a Bill of Lading, a Waybill is not negotiable and cannot be assigned to a third party (endorsement). It may be issued as a cargo receipt and is not required to be surrendered at the destination in order to pick up the cargo. This may simplify the documentation procedures between a Transport Service Buyer and a Transport Service Provider, but using this document in combination with international payments (e.g. documentary credits) is not advisable. A freight forwarder may decide to issue a waybill to communicate, consignment, transport and conveyance information to third parties, be it shippers, subcontractors, transport operators or authorities. Regards, Andy