From the previous posts in the series, this post deals with the final question raised by a reader in a Linkedin post on loading bills and wants to explain some of his subtle delicacies.
- Does the cargo bill act as a definitive proof of transportation ??
- Is a cargo bill always evidence of a carriage contract?
- When is the billing of a title document considered.
The fourth and last question was:
Q4: It is mistakenly assumed that all marine loads are not, and when they are not, their functions are different from sea bills. (Please explain and explain) .. ..
A4: This is actually an important distinction for understanding and things that are often ignored in daily transportation documentation.
We often talk about the loading bill as if this is a single and standard document with uniform functions.
– Advertise here –
What is a sea bill?
ICC defines a marine bill (which is also referred to as ocean bill)The classic traditional export trade document plays three potential roles: 1) as a receipt for cargo and evidence of receiving goods in good and appearance. 2) as evidence of the contract between the carrier and the ocean carrier. And 3) As a tool that allows the transfer of control over the delivery of goods (“negotiation”), which allows the holder of the bill to transit goods with simple approval and physical transfer of the bill.“
A marine bill (though it may not be read in stationery as this case as this station) is issued for port transportation by sea, and is usually governed by international maritime conventions such as Hague laws, Hague law or in some cases, Hamburg laws.
This transportation document is used for ocean transport between ports and is usually trusted in credit letters (called “Ocean Bill”), claiming insurance and settings ..
Their legal framework is well stabilized under the maritime law, which determines the rights, responsibilities and limitations of a shipping company while cargo on the ship.
Other bills
Today, many cargoes are arranged in the door to the door, not only maritime transport but also in the country, rail, barge or even aerial sections .. In such cases, another type of loading bill is playing, multidimensional transport or B/l.
These load bills may also be issued by a transportation or NVOCC, covering the entire trip in a document from a factory in an indoor city to the receiver warehouse worldwide.
While the customer receives only one loading bill, behind the scenes, the actual move includes several transport providers, each under a different legal regime.
And this is where the main difference is
Unlike the marine B/L, which is managed by maritime conventions, a B/L has not several multiple or non -marine legal frameworks. The sea may be under the Hague, but the road can be run by the CMR Convention (in Europe), the rail sector by CIM, and domestic trucks by specific national laws for each country ..
Since a stationery bill may not specifically reflect whether the loading bill is an ocean or a combined transport bill, as well as because the shipping company may also provide complete shipping door to the door, the shipping conditions and terms of transportation are below:
– advertising –
(1) Port Transport to Port
When the destruction or damage between the airline or any basic carrier is destroyed in the port and the time of evacuation by the telecommunications company or any basic carrier, the carrier’s responsibility is in accordance with the laws of the Lig or any national law, including LamoCAD law or reform of refinery, or reforms.
(2) Combined transportation
(B) According to the road transport between countries in Europe, in accordance with the Convention on the International Transportation Transport Agreement (CMR), May 19, 1956. And during the rail transport between countries in Europe, according to the International Agreement on Railway Transport (CIM), dated February 25, 1961 (or any reform in this Convention or Agreement).
For example, consider the transportation from Johannesburg in South Africa to Cologne in Germany. A shipping company exports a combined shipping unit B/L.
The cargo is first transported by a road or railway from Johannesburg to Durban, then shipped to Rotterdam by sea and eventually delivered to Cologne by a truck or train.
In the event of a claim, determine who is responsible, as the way of transportation at the time of damages must be approved, as well as whether this sector is governed by the Maritime Code, the Convention on the Road Transport or some other contractual terms.
End
Only those loading bills that cover the carriage alone by sea, from one port to another, are subject to maritime law, are really considered maritime bills for loading.
Others, while still legally valid and known as loading bills, are different in performance, responsibility and treatment.
Understanding this distinction is very important not only for transportation and transportation, but also for bankers, insurers and legal consultants who deal with loads, business finances or border observance.
Related
About the Author
