[船长干货] 签署提单袖珍指南
船长签署提单袖珍指南
Take your time before yousign!
The purpose of this guidanceis to identify and highlight certain issues that should be taken intoconsideration by a vessel’s Master, its officers and/or its operators immediately prior to thesigning of any bills of lading.
The execution of bills oflading is crucially important in the context of every shipment because the billof lading serves at least three major purposes.
1. First, the bill of ladingis a contract of carriage between the Member and cargo interests, i.e. oftenseparate from and in addition to the charter party contract with the vessel’s charterers.
2. Second, the bill of ladingis proof of receipt of the shipment by the carrier of the cargo to one or more overseasdestinations.
3. Third, the bill of ladingacts as a document of title, e.g., it is a document which gives legal ownershipof the cargo to the party having the original bill of lading in its possession or to anamed consignee.
Because of these multiple, essential rolesthat a bill of lading serves, it is paramountthat the bill of lading sets forth informationthat accurately describes the nature of thecargo being carried, the quantity of such cargo, its condition,the loading port, the date of shipment, the dischargeport, the name of the vessel, the shippers or receivers,the increased value of cargo (if applicable), andany carriage terms regarding the shipment. Each pieceof information in the bill of lading is vital becauseany inaccuracy or misdescription can have significant and potentiallycostly consequences. It can give rise toincreased liabilities, and it may prejudice a Member’s Protection and Indemnity (“P&I”) coverage.
The fundamental rule that every Mastershould follow is to never sign a bill of lading which he or she knows or hasreason to believe to be inaccurate or untrue. Carefulthought and attention shouldbe given to all the information contained in a bill of lading. Whenever indoubt, the Master should contact the Member’s office for clarification andinstructions, and if this is not feasible or possible to do so, the Mastershould contact the nearest open P&I for assistance. If, for whateverreason, the Master is unable to contact these aforementioned parties, theMaster should bear in mind the following general principles prior to signingany bills of lading.
Bill of Lading Form
What to look for / Task:
Confirm that the bill oflading form used for the voyage is the one provided for or prescribed by the charterparty. If unsure, the Master should check with the vessel’s owner/operatorbefore signing the bill of lading.
Confirm Vessel Name
What to look for / Task:
Ensure that the correct nameof the vessel is listed in the bill of lading.
Load Port and Discharge Port
What to look for:
Confirm that the bill oflading carefully describes the subject voyage, e.g., the port of loading andthe port of discharge. Incorrect descriptions may prejudice the Member’s P&Icoverage for cargo claims. Care should be taken to avoid any reference to afinal destination beyond the port of discharge mentioned in the bill of ladingand such a request, if made, should be referred to the Member’s office.
Task:
If the discharge port isoutside the charter party range, the Master SHOULD NOT sign thebill of lading.
Accurate Description ofGoods/Cargo as Shipped
What to look for:
Conditions of cargo, includingpacking condition, should all be accurately described.
Task:
The Master has a duty to checkthe “apparent” condition of the cargo being loadedand under no circumstances should the Master sign “clean” bills of lading when such a description is not supported by theobvious condition of the cargo being loaded. If the Master has any doubts inthis regard, he should contact the charterer’s /P&I. The Master should also make sure that any remarks from the Mate’s Receiptare inserted on the bill of lading, e.g., whether the bill of lading needs tobe claused.
Name of Shippers and/orConsignee(s)
What to look for / Task:
Account should be taken ofsanctions regulations and other due diligence requirements on vessel ownersand/ or operators. It is crucial that the correct name and style of theshipper(s), receiver(s) and/or consignee(s) are listed in the bill of lading.
Accuracy of Place/Date ofShipment
What to look for / Task:
The Master should also ensurethat the correct place and date of shipment (i.e., the date of loading) isinserted in the bill of lading. Bills of lading must not be ante-dated orpost-dated. If cargo is loaded over a period of several days, the day ofcompletion of loading is the correct date to be inserted. Under nocircumstances should bills of lading be backdated and bear a date prior to theactual completion of loading.
Bill of Lading Copies
What to look for / Task:
All copies of the bill(s) oflading should be marked or stamped as “NON-NEGOTIABLE COPY”.
Original Bills of Lading
What to look for:
The Master should ascertainhow many original bills of lading will be signed and issued.
Task:
The Master should sign thecorrect number of originals, should make sure that each such original isidentical, and that each such original is marked or stamped “ORIGINAL”.
Cargo Carried on Deck
What to look for / Task:
If cargo is to be carried ondeck, the bill of lading should be claused “SHIPPED ON DECK.” Responsibility for cargoes carried on deck traditionally lies withcargo interests. In such circumstances, it is common for the vessel owner/ operatorto insert a protective clause in the bill of lading, placing the risk of thedeck cargo on cargo interests.
Charter Party Incorporation
What to look for / Task:
The Master should try toensure that the appropriate charter party, including the arbitration clause, isincorporated into the bill of lading. In order to do so, the Master should ensurethat the correct charter party is referenced in the section of the bill oflading reading “freightpayable as per charter party dated...” If thisis a sub-charterer and a copy has not already been provided, the Master should tryto obtain a copy from the shipper and/or the charterer so that the Member canreview the obligations arising under the sub-charter before signing the bill oflading.
Delegation of Duty toSign/Issue Bills of Lading
What to look for:
The Master and the Membershould be wary of delegating the duty to sign/issue bills of lading to thecharterer or its agent. Doing so may unnecessarily and significantly increasethe risk of bills of lading being issued inaccurately, and may prejudice theMember’s P&I cover.
Task:
If there is any uncertaintyabout the right of a charterer or its agent to issue bills of lading, theMaster should contact the Member’s office. However, if the charterer or itsagent have been authorized to sign/issue bills of lading, the Master shouldinsist on being provided with a copy of any such bills of lading as soon asthey are issued.
Protective Clauses
What to look for / Task:
Verify that all applicableprotective clauses, based on the type of cargo, are included in the bill oflading, such as for:
(1) General orbulk cargoes [e.g. RECEIVED IN APPARENT GOOD ORDER AND CONDITION; SHIPPER’S FIGURES;or WEIGHT, QUANTITY AND QUALITY UNKNOWN];
(2) Containers [e.g.SHIPPER’S LOAD; or STOW AND COUNT];
(3) Steelcargoes [e.g.Retla clauses];
(4) Deck oroversized cargoes [e.g. CARRIED ON DECK AT SHIPPER’S RISKWITHOUT RESPONSIBILITY FOR LOSS OR DAMAGE HOWSOEVER CAUSED].
Carriage Instructions
What to look for:
If there are carriageinstructions inserted in the bill of lading.
Task:
The Master should contact thevessel owner/operator immediately because additional insurance may be necessaryor additional freight may be required. Unless specific coverage has been agreedbetween the vessel owner/operator and its P&I club in writing and inadvance, claims involving high value cargoes (ad valorem bills of lading) typicallyfall outside of traditional P&I cover.
Place of Signature
What to look for / Task:
The Master should typicallysign the bill of lading in the designated signature line, or if one is notprovided, at the bottom of the face of the bill of lading. The Master should avoidsigning or stamping the bill of lading near or next to the shipper’sdescription of the cargo, because doing so may be misconstrued as an acceptanceor endorsement of such description. Lastly, the Master should ALWAYS sign thebill of lading in blueink ONLY.
Disclaimer
The information presented in Signing Bills of Lading is forgeneral guidance information purposes only. While the P&I Club makes everyeffort to ensure that the information contained in the document is accurate, neitherthe P&I Club nor its Managers warrant that the information is correct ortimely and no reliance is to be placed on the information. Neither the P&IClub nor its Managers shall be liable for any damages arising out of an injury,loss, expense, claim, or damage, including but not limited to any indirect,special, incidental or consequential damages of any kind, whether based incontract, tort, strict liability, at law or otherwise, arising out of orrelating in any way to the use of, or inability to use, this guidance. Moreover,the information in this checklist should not be construed as evidence of anycontract of insurance and should not be regarded as evidence of anyundertaking, financial or otherwise, on the part of the American Club or itsManagers to any other party. Furthermore, nothing in this checklist should beconstrued as an indication that the American Club or its Managers herebyconsent either to act as a guarantor or to be sued directly in any jurisdictionwhatsoever. This checklist should not be construed as a legal advice andMembers are strongly encouraged to consult with their lawyers for such recommendations.Lading, the Master should check such instructions against the Mate’s Receipt,and the voyage instructions from the charterer and/or shipper(s).
Task:
If the Master has anyquestions or is still unsure of any such carriage instructions, he or sheshould seek clarification from the vessel owner/operator and/or the shipper(s).
Carriage Terms
What to look for / Task:
Certain shipment terms, suchas:
(1) Free in and out (FIO);
(2) Free in and out stowed (FIOS);
(3) Free in and out stowed trimmed (FIOST);
(4) Cost insurance freight (CIF);and
(5) Liner in, liner out (LILO)
set out the vesselowners/operator’s period of responsibility for any damage to the cargo, or responsibilityfor payment of loading and discharge operations.
Task:
If the Master has anyquestions or is still unsure of any such carriage instructions, he or sheshould seek clarification from the vessel owner/operator and/or the shipper(s).