How should you do if lost the bill of lading when shipping from china to europe?
Last week I lost my custom's bill when shipping from China to Europe. It's so mess for me. So I share the experience for people.
Shipping documents lost in the courier, often caused by the consignee at the port of destination can not pick up original bill of lading, the practice is generally with a copy of the bill of lading by the consignee delivery; retroactive by the carrier a new bill of lading supplier delivery andforeign exchange use, or authorize the carrier to call on the exporter; The above three cases, the carrier will usually require the cargo provides reliable mentioning Paul; shipping companies often require exporters to their Bank jointly provide security guarantee time of the year for three years six years. Issued by the bank guarantees generally require exporters to deposit security, if the huge amount of money, huge amounts of money fixed pressure three to six years, and will have a huge pressure on exporters; exporters will face if the bill of lading was acquired in good faith, the third party money, goods empty ending.
The bill of lading is lost during shipping may be several kinds of situations:
(1) lost under the control of exporters;
(2) exporters lost the documents to be sent to the issuing bank, the issuing bank;
(3) the documents handed over to the courier company issuing the line cross lost;
(4) The courier company served on the negotiating bank lost;
(5) the negotiating bank sent to the consignee lost.
(1) and (5) both cases, by the exporters and importers conceited their duties; (2) and (4) both cases, by the issuing bank or negotiating bank should be responsible for;the problem is loss often occurs in the situation (3), in accordance with the postal regulations in force, the postal sector only assume limited responsibility.
According to Incoterms 2000 explained General Clauses explained. CIF, CFR and FOB terms, the seller must at its own expense provide the buyer without delay transport documents. Infer the risk of losing documents generally should be borne by the seller.
Consignee carrier requirements to ensure that their own interests to guarantee delivery in the original bill of lading; and require guarantees provided by banks. Taking into account the funds stagnation pressure, you can take the following measures to solve them:
(1) promptly notify the shipping company and its agents. Shipping companies and their agents in such a case, the obligation to bear the careful handling and release of goods can no longer be alone bill of lading holder holds the original bill of lading, request delivery to provide sufficient evidence to prove to obtain a bill of lading is a bona fide 's. For example, the endorsement is continuous? To meet the requirements? Whether to pay a reasonable price? The carrier can also be through legal procedures will mention individual goods under the escrow, the lifting of the responsibility of the goods.
(2) The public summon to the court in a timely manner. Ensures a mention under the individual rights and interests; the two margin long-term stagnation pressure problem can be solved. Once the court decided to be accepted the public summon negotiable instruments right behavior in the period shall be void. Public notice procedure lower legal costs, attorneys' fees are also low. Abroad should also have such a program, summon expires (usually 60 days), you can apply to the court to make the ex-rights judgment.
(3) In general, the documents lost should not affect the pressure Hong Kong, not because the consignee obliged receipt for refusing unloading; carrier, the same can not be refused to unload the original bill of lading to the consignee, although entitledrefused to release the goods.
(4) postal courier companies bear what responsibility the current regulations given its near Disclaimer treatment; whether to pass on the loss by insured postal courier risk insurance, the insurance company seems Failure to carry out this insurance.
(5) Issued by a bank letter of guarantee specific comprehensive guarantees wording, are generally not at risk. Involving large guarantees, it is best to ask the Legal Adviser checks, because the practice does have many of the bank guarantee is not valid precedent.
So if you shipping from china to Africa or elsewhere, this is just as effective.
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