What is “delivering goods without a bill of lading”?
Wedge Anchor Bolts tips: Delivery of goods without a bill of lading, also called delivery of goods without an original bill of lading, means that the carrier or its agent (freight forwarder) or port authority or warehouse manager does not receive the original bill of lading in accordance with the consignee or notification recorded on the bill of lading. The act of releasing goods with a copy of the bill of lading or a copy of the bill of lading and a letter of guarantee
Under normal circumstances, the consignee needs the original bill of lading or telex release or seaway to pick up the goods, but it often happens that the goods have been picked up even though the original bill of lading is in hand. We call this situation “releasing goods without a single order”.
The normal operation of this transaction method is: Wedge Anchors For Brick the customer pays a 30% deposit first, we make the goods, arrange the shipment of the goods after the goods are ready, and then get the original bill of lading. Then give a copy of the bill of lading to the customer, wait for the customer to confirm that the bill of lading information is OK, and the customer pays the balance. After receiving the money, we will send him the original bill of lading, or ask the shipping company to wire it, and then give the customer a phone number. Available for pickup.
This is a relatively conventional “delivery of goods without a bill of lading”. In fact, we often encounter many unconventional “delivery of goods without a bill of lading” operations. For example, no documents are needed, not even a copy of the bill of lading, to deliver the goods. take away!
Concrete Wedge Anchors tips Foreign traders are very anxious when goods are released without a bill of lading, because most of the orders shipped by sea are of large amounts. In this case, not only will the goods be taken away by the consignee, but the balance payment for the goods will not be recovered.
Wedge Bolt tips: High-risk countries/regions for shipping goods without a bill of lading
There is no dispute that releasing goods without a bill of lading is illegal in our country, but in many areas, it is still considered a legal act based on practical considerations. For those engaged in the shipping and foreign trade industries, it is self-evident to know which countries and regions allow delivery of goods without a bill of lading.
In many countries such as Latin America and West Africa, goods are released without a bill of lading. Angola, Nicaragua, Guatemala, Honduras, El Salvador, Costa Rica, Dominica, Venezuela and other countries are all countries that can deliver goods without a bill of lading. In these countries, unilateral release policies are implemented for imported goods. The shipowner’s control over the original bill of lading is cancelled.
In addition, the United States, Canada, the United Kingdom and other countries allow copies of named bills of lading to be picked up. The convention is that the consignee of the “Straight B/L” can take delivery of the goods only with the endorsement on the “Notice of Arrival” and the consignee’s identity certificate instead of the “original bill of lading”. This means that if the payment cannot be recovered in time, even if the export company has the original bill of lading in hand, it will be of no use.
How to prevent delivery of goods without a bill of lading? M10 Wedge Anchor manufacturers tips
Signing CIF or C&M clauses When signing export contracts, foreign trade companies should try their best to sign CIF or C&M clauses and reject FOB clauses to avoid foreign businessmen appointing overseas freight forwarders to arrange transportation.
threaded rods tips Accept designated shipping company
If a foreign businessman insists on FOB terms and appoints a shipping company and freight forwarder to arrange transportation, the designated shipping company can be accepted, but it cannot be accepted by a freight forwarding enterprise or overseas freight forwarding representative office that operates international freight forwarding business in China without the approval of the Ministry of Foreign Trade and Economic Cooperation. Foreign businessmen explained that any act of operating freight forwarding business in China and issuing bills of lading without approval is illegal.
Threaded Bar tips Strictly follow procedures
If foreign businessmen still insist on appointing overseas freight forwarders, in order not to affect exports, they must strictly follow the procedures. That is, the bill of lading designated by the overseas freight forwarder must be entrusted to a freight forwarding company approved by our ministry to issue and control the goods. At the same time, the freight forwarder who issues the bill of lading must be entrusted to the agent. The enterprise issues a letter of guarantee and promises that after the goods arrive at the port of destination, the goods must be released with the original bill of lading circulated by the bank under the letter of credit. Otherwise, the company will bear the liability for releasing the goods without a bill of lading.
What should you do if you encounter “delivery of goods without a bill of lading”?
Stainless Steel Threaded Rod factory tips “Delivering goods without a bill of lading” is not completely certain to result in losses. Many customers have negotiated with the designated freight forwarder to release the goods without a bill of lading due to poor cash flow, selling first and paying later. In other words, some customers will still make payment even though they have no order to deliver the goods, but it will be delayed.
In this case, we must actively keep in touch with the customer, and at the same time hold the freight forwarder responsible. If the goods are released without a bill of lading without the permission of the shipper, the freight forwarder shall be held responsible for the losses caused. If the freight forwarder maliciously colludes with foreign buyers or the freight forwarder defrauds goods, legal procedures should be followed.
Contact and urge as soon as possible and try to keep written evidence. The written evidence here also includes relevant electronic evidence, such as emails with the suffix of the other party’s company name. Contact records with individuals need to be analyzed on a case-by-case basis to determine whether they are electronic evidence.
At the same time, contact a lawyer as soon as possible, send a lawyer’s letter, a collection letter, and activate the blacklist system as soon as possible to put pressure on the other party.
Start organizing evidence as soon as possible and prepare for litigation. It is particularly worth noting that the statute of limitations for maritime litigation is only one year (Article 257 of the Maritime Law), and the interrupted statute of limitations is also different from the general statute of limitations. Don’t let the other party or you delay the process and end up missing the statute of limitations.
It should be reminded that it is recommended that the dispute resolution method be arbitration, because if foreign parties are involved, the effective award of the Chinese court is unenforceable, but arbitration can be enforced, which will turn judicial relief into substantive relief. China is a party to the New York Convention.
After getting a valid judgment, you can entrust a local lawyer or debt collection company to recover your losses.
Post time: Nov-13-2023