提单(bill of lading)中英文简介
简介
提单(Bill of Lading,B/L)是由船长或承运人或承运人的代理人签发,证明收到特定货物,允许将货物运至特定目的地并交付于收货人的凭证。
一、提单的作用
1. 提单是运输合同的证明 2. 提单是货物收据 3.提单是物权凭证
分类
二、提单的分类
1. 按货物是否已装船区分
1 已装船提单(Shipped B/L or on Board B/L)。 2 收货待运提单(Received for Shipment B/L)。
2.按提单抬头区分
1 记名提单(Straight B/L),又称收货人抬头提单。2 指示提单(Order B/L)。
3 不记名提单(Blank B/L or Open B/L)。
3.按无影响结汇的批注区分
1 清洁提单(Clean B/L)。2 不清洁提单(Foul B/L)。
4.按收费方式区分
1 运费预付提单(Freight Prepaid B/L)。 2 运费到付提单(Freight Collect B/L)。
5.按船舶的经营方式区分
1 班轮提单(Liner B/L)。2 租船提单(Charter Parth B/L)。
三、提单的缮制与签发
1. 托运人(Shipper)
2. 收货人(Consignee)
3.通知人(Notify Party)
4. 前段运输(Pre-Carriage by)
5.收货地点(Place of Receipt)
6. 海运船舶及航次(Ocean Vesse) 7. 装货港(Port of Loading)
8. 卸货港(Port of Discharge) 9.交货地点(Place of Delivery)
10. 唛头和号码、集装箱箱号和铅封号(Marks & Nos.、Container.Seal No.)
11.集装箱数或件数(No of Container or P kgs)
12.包装种类、货物名称(Kind of Packages、Description of Goods)
13.毛重(Gross Weight kgs) notify for mi band
14.体积(Measurement)
15.运费和费用、付款地点及付款方式(Freight & Charges、Prepaid at、Payable at、Pre-paid、Collect)
16.提单号和正本提单份数(B/L No.、No.of Original B(s)/L)
17.签单地点和日期(Place and Date of Issue)
18.代表承运人签字(Signed for the Carrier)
区别
四、B/L与D/O的区别
B/L:
BILL OF LADING提单,是货物的物权凭证。
D/O:
DELIVERY ORDER提货单,是目的港口提取货物时需要的凭证,不可以转让.
货物上船之后,由船公司签发B/L给SHIPPER,SHIPPER将B/L转给CONSIGNEE,货物到达港口,CONSIGNEE凭B/L去船公司换取D/O,凭D/O去港口提货。
二者在货物提取之前有且只有一个留在货主手里,只不过D/O不再是物权凭证,货主领取D/O之后,说明船公司已经把货物放给货主了。Bill of Lading -
Introduction
When discussing Bills of Lading, we must distinguish between a carrier B/L (B/L) and a House B/L (HBL). Please see separate chapter for HBL.
In Maersk Logistics, we do not issue carrier Bills of Lading. Only Ocean Carriers (also known as VOCCs or shipping lines) can issue a carrier B/L.
In the old days, the Bill of Lading was a document issued by the captain of the vessel for goods carried onboard his vessel. This is not practical today where instead the document is issued by an agent acting on behalf of the captain.
Maersk Sealand’s offices around the world have been empowered to sign Bills of Lading on behalf of “the captain” (the principal carrier).
Bill of Lading - Issuing Party
The B/L is issued by an ocean carrier, also known as a VOCC (vessel-operating common carrier) or shipping line.
Maersk Sealand, being a VOCC, issues Bs/L for goods shipped onboard their vessels.
Bill of Lading – Functions
Basically, a Bill of Lading has 3 functions:
1. A receipt for the cargo
2. A document of title
3. Evidence of a contract of carriage
1. Receipt for cargo
The B/L is a receipt by the carrier that the goods are in his custody. The B/L acts as a receipt between the shipper and the carrier until such time as title has been passed to a third party (the consignee). Then it becomes an independent contract between the carrier and the third party. The third party assumes the rights, responsibilities and obligations identical to those of the shipper.
2. Evidence of contract of carriage
It is common to hear the B/L referred to as the ‘contract of carriage’. However, the contract of carriage is always the underlying agreement between the carrier and the customer to carry his goods. The B/L is merely evidence of this.
The B/L evidences a contract of carriage between the ocean carrier and the shipper/consignee in the B/L.
Also see: Evidence of contract of carriage in the Glossary.
3. Document of Title
A B/L is a Document of Title. This means that the legal right (the title) to the goods covered by the B/L can pass from one party to another by means of endorsements (please see explanation below).
The carrier will only release the goods at destination to a rightful holder of a duly endorsed original Bill of Lading.
At the time the B/L is issued, the shipper will advise the carrier who the B/L should be consigned to - I.e. who the Consignee on the B/L is.
The shipper can choose to consign the B/L in different ways:
a. Full name and address of an individual or company
b. “TO ORDER” (of shipper)
c. “TO ORDER OF [bank]” - example: To order of Dubai Bank
d. “TO ORDER OF [company]” - example: To order of Toy Trader Ltd.
e. “TO ORDER OF [individual]” - example: To order of Gary Jensen, Street, City
“To order” means that the party can transfer their rights as consignee to another party by endorsing the B/L.
3a. Endorsement
An endorsement is a signature (and company stamp) on the B/L (and preferably also a clear written statement that the B/L is being endorsed to “Company XYZ”). The endorsement is written on the original B/L document by the party who is shown as the consignee on the B/L but now wishes to transfer this right to another party.
When obtaining the endorsed B/L, the new consignee now assumes all rights, obligations and responsibilities that were previously vested in the first consignee. This also includes the right to transfer the B/L to yet another party by adding a new endorsement on the B/L document. In this way, a chain of endorsements may take place.
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