Tow to keep away of delivery of goods without original bill of lading.pdf

Tow to keep away of delivery of goods without original bill oflading1 IntroductionShipment release without bill of lading is that the carrierreleases cargo with other documents With the exception of B/L.Shipment release without bill of three common forms：（1）byguarantee shipment release. This is the most common form ofshipment release without bill of lading. The carrier who does notreceive the original bill of lading， delivery of the goods on thebasis of the guarantee provided by consigner.（2） unsecuredrelease cargo. This form is often found in long-term businesscases within the consignee and the carrier. If the consigner hasyet to receive the original bill of lading after the goods reachedto the port， and also hopes to delivery the goods as soon aspossible， the carrier may release goods without bill of ladingbased on the long-term cooperation. （3）the carrier and the takerof goods malicious collusion. they fraud the real holder of thebill of lading or the consigner.2 The risks of shipment release without bill of lading2.1 character of shipment release without bill of ladingdefault of shipment release without bill of lading. Occursbill of lading is the symbol of the transportation contract legalrelationship between the carrier and the holder of the bill oflading. the two sides should exercise their duties in accordancewith term of the bill of lading. The behaviors are in violation ofobligations of the transportation contract. So it is obviouslydefault properties to release cargo without bill of lading forcarrier.（2） infringement of shipment release without bill oflading. So the bill of lading is On behalf of right to take deliveryof goods.2.2 the risks of shipment release without bill of lading2.2.1 the carrier shall be strictly liable to shipment releasewithout collection bill of lading. When the legal holder of theoriginal bill of lading claims to the carrier about shipmentrelease without bill of lading， the carrier shall bear the fullresponsibility and loss， as long as no liability for material shallbe liable for damages， regardless of whether subjectiveoffence.2.2.2 the shipment release without bill of lading easilycause the risk of goods. After the goods have been shipped tothe port of destination， the carrier has obligation to deliver thecargo to the original holder of the bill of lading. However， inactual business， the goods before shipping documents arrived.Due to the consigner without original bill of lading in hand， hecan’t timely delivery and face the loss of goods storage cost，risks of the quality change and market price fluctuations and aseries of problems encountered. In the kind of situation， inorder to reduce risks and losses of the buyer， the shipmentrelease without bill of lading is resolved by means of guaranteedelivery. But if the carrier delivers the cargo to the original billof lading holder，he likely due to the wrong delivery constitutes.In the process of shipment release without bill of lading，consigner is likely to be falsely and also has the potential risk ofthe ship stolen goods. This is often not easy to find out.3 Suggestion about avoiding the risks3.1 On the strength of the electronic bill of lading releasecargoAt present， most agree that the carrier shall bear thedefault liability to pay compensation. So the goods shipped tothe United States is not also as a straight bill of lading. If theother party requires the use of original bill of lading carrier shallbe indicated in the bill of lading. The bill of lading is the sameas “maritime law” in China. The carrier must bear original B/Lto release cargo with constraints. Except original bill of lading totake delivery， he may use electricity sent the bill of lading orelectronic bill of lading. We can avoid shipment release withoutbill of lading.3.2 to take measures in timeAfter any fraud， victims often feel helpless. In fact， it isentirely possible to save of all or part of the loss. The next stepis to take concrete measures in a timely manner. When thecarrier is involved in the fraud， it is difficult to identify it forthe carrier. It is of great benefit to ensure case to won. If theamount has not yet passed the deceiver accounts， you mayapply for bank of payment.作者单位嘉兴职业技术学院。