House 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 carrier B/L.
In Maersk Logistics, we can issue HBL when we act in the role as NVOCC. We do
so as agents for the principal carrier DSL Star Express Inc. Therefore, our HBL is
called a DSL Star Express B/L (DSE B/L).
We do not issue a “Maersk Logistics HBL” unless there are specific reasons to do
so and appropriate management and legal sign-off is in place.
House Bill of Lading – Issuing Party
The HBL is issued by a NVOCC (non-vessel operating common carrier), also
called a NVO.
In some countries, any freight forwarder can act as NVOCC and issue HBL for their
ocean shipments. In other countries (e.g. the USA), only companies registered
specifically as NVOCC are licensed to issue HBL.
House Bill of Lading - Functions
Basically, a House 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 HBL is a receipt by the NVOCC that the goods are in his custody. The HBL
acts as a receipt between the shipper and the NVOCC until such time as title has
been passed to a third party (the consignee). Then it becomes an independent
contract between the NVOCC and the third party. The third party assumes the
rights, responsibilities and obligations identical to those of the shipper.
Version 1.1. June 2004 Page 24 © A.P.Møller – Mærsk A/S
TMW Basic Transport Documentation
Remember that when the NVOCC delivers the goods to the ocean carrier for
shipment, he will in turn receive a carrier B/L or a Sea Waybill which will act as his
receipt that the cargo is in the custody of the carrier.
To the owner of the goods, however, the NVOCC is the party who is responsible
for the cargo.
2. Evidence of contract of carriage
The contract of carriage is the underlying agreement between the NVOCC and the
customer to transport his goods. The HBL is the evidence of this.
You should note that the HBL is NOT evidence of a contract of carriage with the
ocean carrier. The HBL is a matter between the NVOCC and the customer.
The contract of carriage with the ocean carrier is a matter between the NVOCC
and the ocean carrier and is evidenced by the carrier B/L.
This means that the seller or the buyer will not be able to file a claim directly
against the ocean carrier for loss or damage to his goods, because they are not
party to the contract of carriage. The buyer or seller will file claim against the
NVOCC who in turn will file claim against the ocean carrier.
Nor should the ocean carrier provide shipment details and information to the seller
or the buyer directly. The ocean carrier should regard the NVOCC as his customer.
The NVOCC must keep his customer (the seller/buyer) informed.
Document of Title
A HBL is a Document of Title, and the legal right to the goods covered by the HBL
can therefore pass from one party to another by means of endorsements.
The NVOCC will only release the goods at destination to a rightful holder of a duly
endorsed original HBL.
The NVOCC will check the endorsements on the original HBL documents before
releasing the goods. If he is in doubt of the HBL holder’s legal right to the cargo, he
should check with the shipper, notify party and/or any other intermediate party.
To enable endorsement (transfer of title), the HBL must be consigned “To order”
(of shipper), or “To order of [name/company/bank]”. Example: “To order of Import
Ltd”.
If the HBL is consigned to a named individual or company (e.g the HBL is
consigned to Import Ltd) without the notation “to order”, it becomes a “straight HBL”
and cannot be endorsed to another party (unless domestic law or market practice
allows this).
Version 1.1. June 2004 Page 25 © A.P.Møller – Mærsk A/S
TMW Basic Transport Documentation
The carrier B/L works the exact same way.
House Bill of Lading – Originals and Copies
The NVOCC will normally print a HBL document in 3 originals and a reasonable
number of copies. It is only an Original HBL document that can be transferred to
another party. The copies may be pre-printed ‘Copy’ or ‘Non-Negotiable’. Both are
non-transferable.
House Bill of Lading – NVOCC’s responsibility
The three main areas of responsibility of the NVOCC are similar to the ocean
carrier’s responsibility under a carrier B/L:
1. Responsibility for correct description of the goods
2. Responsibility to release the goods to the properly entitled party at the proper
location
3. Responsibility to care for the cargo while it is in the carrier’s custody
1. Responsibility for correct description of the goods
Any third party buyer may purchase goods by relying on the description of the
goods in the HBL (quantity, condition, etc.).
The description of the goods on the HBL is usually supplied by the shipper or his
agent. (The NVOCC will not know what is inside a container or carton packed by
the shipper). It is however essential that if the NVOCC knows that the description
of the goods supplied by the shipper is not correct (for example that cartons are
damaged), the NVOCC clearly notes the discrepancy on the HBL or refuses to
accept the cargo and issue the HBL.
As you know, the NVOCC will arrange for a carrier B/L. The NVOCC should ensure
that the description of the goods is the same on the HBL and the carrier B/L.
If the ocean carrier at time of receipt of the goods, notes a discrepancy on the B/L
about shortcomings or damages, the NVOCC must ensure that the same
discrepancy clause is noted on the HBL. Otherwise, the NVOCC can become liable
and have to pay compensation to the consignee, but cannot re-claim the money
from the ocean carrier.
2. Responsibility to release the goods to the properly entitled party at the proper
location
Whoever presents a duly and properly endorsed HBL at the correct destination is
entitled to take delivery of the goods from the NVOCC.
Version 1.1. June 2004 Page 26 © A.P.Møller – Mærsk A/S
TMW Basic Transport Documentation
The NVOCC receiving a HBL and being satisfied that the proper endorsement is in
place, when releasing the goods, is relieved of any responsibility should it later
appear that the HBL holder was in fact not the proper receiver.
The NVOCC must of course also ensure that the person who submits the HBL and
take delivery of the goods is a representative of the consignee (e.g. an employee
or an agent of the company to whom the HBL has been consigned).
Release of the cargo without receipt of a properly endorsed HBL compromises the
NVOCC’s responsibility towards the true owner of the goods. This may expose the
NVOCC to unlimited liability inclusive of consequential damages.
If the NVOCC is in doubt about who the rightful owner of the HBL is, e.g. because
there has been a chain of endorsements and the NVOCC is not familiar with all
signatures and stamps of the intermediate consignees, the NVOCC should in
principle contact these parties to check. The NVOCC may also contact the shipper
and/or the notify party on the HBL to hear their views.
In order to effect release of the goods to the consignee, the NVOCC must ensure
that he obtains the goods from the carrier (by paying applicable freight and charges
and submitting any required documentation). Until the NVOCC has obtained
release from the carrier, he cannot release the goods to his own customer.
2a. Release at different destination
If the release of the goods is requested at a destination different from the one
mentioned on the HBL, the NVOCC should first collect the full set of original HBLs
(all originals) for the particular shipment.
2b. Release of goods without original B/L or issuance of a new set of Bills
It is a critical situation when the full set of original Bills are lost. By releasing the
goods without obtaining a duly endorsed original B/L, the carrier (in case of a
carrier B/L) or the NVOCC (in case of a House B/L) expose themselves to
unlimited liability, incl. consequential damages, in case a rightful holder of the B/L
later turns up and expects to receive the cargo. On the other hand, the consignee
may in fact be the legal owner of the goods after having paid the shipper and the
carrier/NVOCC will be under pressure from the consignee to release the goods as
soon as possible.
In such a situation, the carrier or NVOCC will typically ask both the shipper and the
consignee to confirm that they agree to the issuance of a new set of bills or release
of goods without the bills. In addition, the party who has asked for a new set of bills
(the shipper or the consignee), or has asked to have the goods released (the
consignee), is asked to sign a Letter of Indemnity (LOI) and this must be backed up
by a first class bank guarantee which is valid for a minimum of 6 years or whatever
Version 1.1. June 2004 Page 27 © A.P.Møller – Mærsk A/S
TMW Basic Transport Documentation
the B/L filing period is in that country. The process must be approved and release
signed off by appropriate management.
If documents are delayed, not lost, we should – in principle - not release goods
without obtaining the original B/L. We should wait for them to arrive. Release of
goods based on a Letter of Indemnity should be our last option and we should be
very cautious about it. The problem about releasing goods without an original B/L
is that the consequences can be very serious:
• Maersk Logistics is in fundamental breach of contract with the shipper and is
denied the benefits of legal limitations under Hague Visby rules/our Standard
Terms
• our insurer will most likely consider such a release intentional or reckless and
therefore deny any coverage under our insurance policy
• our liability to our client and/or shipper therefore unlimited in the event of
improper release of goods, unless proper procedures are followed
1. Responsibility to care for the cargo while in the carrier’s custody
When issuing the HBL, the NVOCC takes on the responsibilities, obligations and
liabilities as a carrier. Even when sub-contracting the carriage to a carrier, the
NVOCC is responsible for the goods towards his own customer (the shipper /
consignee).
If the goods are damaged or lost during transit, the shipper or consignee can file
claim against the NVOCC. The NVOCC may be able to re-claim from the ocean
carrier but this is independent from the claim received from the customer.
House Bill of Lading - Amendment
When a shipper requests an amendment to a HBL which has already been printed
and issued, the NVOCC must make a judgement of the request and decide if the
HBL can be amended accordingly.
The HBL must ensure that the full set of original Bs/L are returned (if 3 originals
were issued, 3 originals should be returned for amendment) and ensure that the
description of the goods is still correct.
The NVOCC must also ensure that HBL still corresponds with the carrier B/L, and if
not, that the carrier B/L is amended accordingly. The HBL should not be amended
if the carrier will not agree to amend the carrier B/L.
If a shipper requests a completely new set of House Bs/L, this is considered an
amendment and the full set of originals must be surrendered.
Version 1.1. June 2004 Page 28 © A.P.Møller – Mærsk A/S
TMW Basic Transport Documentation
House Bill of Lading – Cargo Description
Cargo description
The transport provider cannot physically verify the contents of the cartons and
packages received from the shipper. For legal reasons, the description of the
goods must therefore always include the wording “Said To Contain” or “S.T.C.” to
signify that the transport provider is relying on the description of the goods supplied
by the shipper. Example: S.T.C. 1020 cartons of CD players.
If the NVOCC knows that the description of the goods supplied by the shipper is
not correct (for example that cartons are damaged), the carrier should note the
discrepancy on the HBL or refuse to accept the cargo and issue the HBL.
No. of packages
If cargo is lost during transit, it is the number of units as stated in the “no. of pkgs”
field that will be used for calculation of potential compensation to the owner. For
this reason, this field should always reflect the smallest number of shipping units.
Example 1 (FCL container): “1 x 20’std” instead of “500 cartons”. Example 2 (LCL
shipment): “5 pallets” instead of “50 cartons”.
After issuing the HBL to our customer, we must ensure that our own carrier B/L or
SWB adequately covers our liability. For insurance reasons, we need to receive a
carrier bill evidencing the same number of packages as shown on the
corresponding House bills.
Example: You have issued 5 HBLs, each for 100 cartons. You have loaded the
goods into a 40’ container. The carrier bill must show 500 cartons in the goods
description: 1x40’std S.T.C. 500 cartons of general merchandise.
Clauses
Maersk Logistics should insert the clause “Shipper’s load, stow and count” if the
customer is loading the container at his premises.
“Shipped onboard” must only be used when the document is issued after vessel
sailing. If the customer wants the document issued before vessel sailing, the
clause “Received for shipment” is used instead. A “Shipped on board” HBL cannot
be issued until Maersk Logistics has received confirmation from the ocean carrier
that the goods have been loaded onboard the vessel.
Maersk Logistics will not insert the clause “Clean onboard” on the Bill. Even for
LCL-shipments where we are physically handling the cartons, we cannot check the
quality and condition of the merchandise inside the cartons.
24-hour manifest rule (U.S. customs)
You may have heard about the 24-hour manifest rule established by U.S. Customs
and its requirements regarding description of goods – for example that “S.T.C.” is
Version 1.1. June 2004 Page 29 © A.P.Møller – Mærsk A/S
TMW Basic Transport Documentation
not allowed and that the cargo description must be very specific (i.e. “general
merchandise” and other general cargo descriptions are not allowed).
For the purpose of transport documentation, you should be aware that the U.S.
Customs rules relate to the vessel manifest, not the printed Bill of Lading or Waybill
document. The vessel manifest is used for customs purposes. The printed Bill or
Waybill is used for legal and commercial purposes.
House Bill of Lading – Document Date
The date of the HBL must be the date on which it is actually issued, irrespective of
the date the cargo was received or loaded, however not earlier than the date the
cargo was received or loaded respectively.
For a “Shipped on Board” HBL, the date cannot be earlier than the date the cargo
was actually loaded on board the first vessel or conveyance mentioned in the
document. A “Shipped on board” HBL cannot be issued until Maersk Logistics has
received confirmation from the ocean carrier that the goods have been loaded
onboard the vessel.
For a “Received for Shipment” HBL, the date cannot be earlier than the date the
cargo was actually received at the place of receipt or load port mentioned in the
document.
Sometimes, a shipper will request a NVOCC to issue the HBL with earlier or later
dates in order to comply with time restrictions in the shipper’s Letter of Credit. The
carrier is not obliged to do so and should not do so. It would be considered an
attempt to defraud the buyer.
House Bill of Lading – Freight payment
The charges payable at origin (usually by the shipper) are called “prepaid”. The
charges payable at destination (usually by the consignee) are called “collect”.
In order to secure payment, the NVOCC will usually not release the original HBL
document to the shipper at origin before he has paid all prepaid charges.
At destination, the NVOCC will usually not release the goods at destination until all
freight charges are paid (even when a duly endorsed B/L is presented).
It is a commercial decision by the NVOCC whether they wish to grant the shipper
and/or consignee credit. If credit has been granted, the NVOCC will release the
goods and expect the freight and other costs to be paid within the agreed time.
The shipper is responsible for advising the NVOCC which charges are prepaid and
collect. If the NVOCC is in doubt whether the consignee will pay for the collect
charges, he may check with the consignee before accepting the shipment.
Version 1.1. June 2004 Page 30 © A.P.Møller – Mærsk A/S
TMW Basic Transport Documentation
In some areas of the world, from where there is a great risk and/or cost for the
carrier to ship cargo, the carrier may require that all charges are prepaid.
House Bill of Lading – Filing
After collecting the original B/L and releasing the goods, the NVOCC should stamp
the original HBL “accomplished” (or similar).
The NVOCC must then file the original B/L for at least 6 years according to
international and domestic regulations. Local legislation may require a longer filing
period.
House Bill of Lading – Why use this document?
1. Why use a NVOCC?
You may wonder if it is not a complicated situation, having a NVOCC involved as a
middle man instead of just dealing directly with the ocean carrier.
In particular small and middle-sized companies often do not have enough
shipments (cargo volume) to negotiate good rates and conditions with the carrier
directly. They therefore use a NVOCC who has a large number of customers and
therefore can negotiate good freight rates with the ocean carrier. Although the
NVOCC may add a margin to the freight rate, the customer still obtains a better
deal. It becomes a win-win situation.
The customer will often also purchase additional services from the NVOCC (e.g.
documentation and customs clearance).
2. Why use a House Bill of Lading?
When a HBL is issued (a document of title), the NVOCC will only release the goods
at destination to the party who can present an original HBL that covers the goods.
The B/L becomes the “key to the cargo”.
When the buyer has paid for the goods, the seller will transfer the original HBL to
the buyer. If the buyer does not pay for the goods, the seller can keep the original
HBLs and in this way control that the buyer does not receive the goods from the
NVOCC. (In some cases, the buyer will require to receive the originals before
paying).
In cases where the payment for the goods is facilitated by a bank through a Letter
of Credit, the bank at origin may require that they obtain title to the goods in the
period between paying the seller and obtaining payment from the buyer or the
buyer’s bank. This is why the HBL is sometimes consigned “to order of [bank]”. If it
happened that the buyer could not pay for the goods after all, the bank would be
able to recover some of their loss by selling the goods.
Version 1.1. June 2004 Page 31 © A.P.Møller – Mærsk A/S
TMW Basic Transport Documentation
In other cases, the HBL is used because goods are sold during transit and there is
a need to have a negotiable/transferable document to cover the shipment. The
original consignee will endorse the HBL to the new consignee who can then obtain
release of the goods.
It is important to note that although the HBL is used to facilitate the payment of
goods between seller and buyer, the NVOCC does NOT take part in the change of
ownership of goods. This is only a matter between the seller and the buyer. The
NVOCC follows the rules and obligations as stated in the HBL and contract of
carriage (ships and releases goods in accordance herewith).
House Bill of Lading – Difference between HBL and HSWB
1. In which areas are the HBL and the HSWB the same?
They are both issued by the NVOCC to his customer
They both function as Receipt for the cargo and Evidence of contract of
carriage
They both contain details about the shipment such as shipper, consignee,
vessel, place of delivery, cargo description and date
They must not be issued with a date different than the true issuance date /
onboard date
They can both not be issued until the carrier has issued the B/L or SWB and
thereby confirmed that the shipment is onboard (unless the shipper asks for a
“received for shipment” bill)
They obligate the NVOCC to ensure correct description of the goods
They obligate the NVOCC to care for the cargo while in his custody
They obligate the NVOCC to ensure that he releases the goods to the correctly
entitled party at destination
2. In which areas are the HBL and the HSWB different?
The HBL is a document of title. The HSWB is NOT.
A HSWB cannot be consigned “to order”, it must always state a consignee.
The HBL is printed in sets of originals and copies (often 3 originals). A SWB is
only printed as copies.
The NVOCC does not require an original SWB in order to release the goods at
destination
House Bill of Lading – Difference between B/L and HBL
1. In which areas are the carrier B/L and the House B/L the same?
They have the same functions: A receipt for cargo, A document of title,
Evidence of contract of carriage
They can both be endorsed to another party if the document is consigned “to
order” or “to order of [name/company]”
They must not be issued with an onboard date different than the true onboard
date
Version 1.1. June 2004 Page 32 © A.P.Møller – Mærsk A/S
TMW Basic Transport Documentation
They are both issued in a set of (usually) 3 originals and a reasonable number
of copies
They often have the same format and fields
They obligate the issuing party to ensure correct description of the goods
They obligate the issuing party to care for the cargo while in his custody
They obligate the issuing party to ensure that the goods are released to the
correctly entitled party at destination
1. In which areas are the carrier B/L and the House B/L different?
The HBL is issued by the NVOCC. The B/L is issued by a VOCC.
The HBL evidences a contract between the NVOCC and his customer. The B/L
evidences a contract between the carrier and his customer.
Maersk Logistics can issue HBL. We cannot issue carrier B/L.
0
nhận xét
House Sea Waybill
Nhãn: Kiến thức XNK
House Sea Waybill – Introduction
In Maersk Logistics, we can issue HSWB when we act in the role as NVOCC. We
do so as agents for the principal carrier DSL Star Express Inc. Therefore, our
HSWB is called a DSL Star Express SWB (DSE SWB).
We do not issue a “Maersk Logistics HSWB” unless there are specific reasons to
do so and appropriate management and legal sign-off is in place.
House Sea Waybill – Issuing Party
The HSWB is issued by a NVOCC (non-vessel operating common carrier), also
called a NVO.
In some countries, any freight forwarder can act as NVOCC and issue HSWB for
their ocean shipments. In other countries (e.g. the USA), only companies
registered specifically as NVOCC are licensed to issue HSWB.
House Sea Waybill – Functions
Basically, a House Sea Waybill has following functions:
1. A receipt for the cargo
2. Evidence of a contract of carriage
The House Sea Waybill is NOT a document of title.
1. Receipt for cargo
A HSWB is a document issued to a shipper in exchange for his cargo. It is a
confirmation by the NVOCC that they have taken the customer’s goods into their
custody and take on the responsibility to care for the goods.
The shipper will nominate the consignee and the NVOCC will only release the
cargo to the named consignee at destination.
Version 1.1. June 2004 Page 34 © A.P.Møller – Mærsk A/S
TMW Basic Transport Documentation
2. Evidence of contract of carriage
Just as the HBL, the HSWB is evidence of a contract of carriage, but the actual
contract of carriage is always the underlying agreement between the NVOCC and
the customer to carry his goods. The HSWB is merely evidence of this.
You should note that the HSWB is NOT evidence of a contract of carriage with the
ocean carrier. The HSWB is a matter between the NVOCC and the customer.
The contract of carriage with the ocean carrier is a matter between the NVOCC
and the ocean carrier and is evidenced by the carrier B/L or SWB.
This means that the seller or the buyer will not be able to file a claim directly
against the ocean carrier for loss or damage to his goods, because they are not
party to the contract of carriage. The buyer or seller will file claim against the
NVOCC who in turn will file claim against the ocean carrier.
Nor should the ocean carrier provide shipment details and information to the seller
or the buyer directly. The ocean carrier should regard the NVOCC as his customer.
The NVOCC must keep his customer (the seller/buyer) informed.
Also see: Evidence of contract of carriage in the Glossary.
3. The HSWB is not a document of title
The HSWB is not a Document of Title. It cannot be consigned “to order” and it
cannot be endorsed and transferred to another consignee.
The NVOCC will only release the goods to the party named as consignee on the
HSWB.
The consignee does not have to present an original HSWB at destination to obtain
release of the goods. He just needs to be able to identify himself as a
representative of the consignee in the HSWB.
The shipper can amend his release instructions up until such time as the cargo has
been physically released to the consignee.
House Sea Waybills – Originals and Copies
Because the HSWB is not a document of title and is not required to effect release
of the goods at destination, HSWBs are not issued in “originals” and “copies”.
Whether the HSWB form says “copy” or “non-negotiable” or does not have a
notation at all, does not matter. It is always a copy document which is not
transferable.
Version 1.1. June 2004 Page 35 © A.P.Møller – Mærsk A/S
TMW Basic Transport Documentation
The shipper or consignee may ask to obtain printed copies of the HSWB and the
NVOCC will issue a reasonable number of copies. Copies of the HSWB may be
used for purposes such as proof of shipment, customs, payment, bank or Letter of
Credit requirement and so on.
House Sea Waybill – NVOCC’s responsibility
The three main areas of responsibility of the NVOCC under a HSWB are more or
less the same as for the House B/L:
1. Responsibility for correct description of the goods
2. Responsibility to release the goods to the properly entitled party at the proper
location
3. Responsibility to care for the cargo while it is in the carrier’s custody
1. Responsibility for correct description of the goods
Any third party buyer may purchase goods by relying on the description of the
goods in the HSWB (quantity, condition, etc.).
The description of the goods on the HSWB is usually supplied by the shipper or his
agent. (The NVOCC will not know what is inside a container or carton packed by
the shipper). It is however essential that if the NVOCC knows that the description
of the goods supplied by the shipper is not correct (for example that cartons are
damaged), the NVOCC clearly notes the discrepancy on the HSWB or refuses to
accept the cargo and issue the HSWB.
As you know, the NVOCC will arrange for a carrier B/L or SWB. The NVOCC
should ensure that the description of the goods is the same on the HSWB and the
carrier B/L.
If the ocean carrier at time of receipt of the goods, notes a discrepancy on the
carrier B/L or SWB about shortcomings or damages, the NVOCC must ensure that
the same discrepancy clause is noted on the HSWB. Otherwise, the NVOCC can
become liable and have to pay compensation to the consignee, but cannot re-claim
the money from the ocean carrier.
2. Responsibility to care for the cargo while in the carrier’s custody
When issuing the HSWB, the NVOCC takes on the responsibilities, obligations and
liabilities as a carrier. Even when sub-contracting the carriage to a carrier, the
NVOCC is responsible for the goods towards his own customer (the shipper /
consignee).
If the goods are damaged or lost during transit, the shipper or consignee can file
claim against the NVOCC.
Version 1.1. June 2004 Page 36 © A.P.Møller – Mærsk A/S
TMW Basic Transport Documentation
3. Responsibility to ensure that the party to whom goods are released is in fact a
representative of the consignee
Although a HSWB document is not needed to effect release of the goods, the
carrier is nonetheless obliged to assure himself of the identify of the party to whom
cargo is released.
If he is in doubt, he should contact the shipper.
House Sea Waybill - Amendment
A shipper can amend his release instructions (consignee name) until such time as
the cargo has been physically released to the consignee.
Amendments should be made in writing and are always subject to acceptance by
the carrier.
There is no need for the carrier to have the HSWBs returned in order to make an
amendment (as they are not issued as originals but only copies). But to ensure that
no unnecessary disputes arise because of the amendment, the NVOCC may
confirm the amendment with both the shipper and the consignee.
The NVOCC must ensure that no changes to the description of the goods are
made that can affect his position towards the consignee. This means that the
NVOCC must ensure that the HSWB still corresponds with the carrier B/L or SWB,
and if not, that the carrier B/L or SWB is amended accordingly. The HSWB should
not be amended if the carrier will not agree to amend the carrier B/L.
House Bill of Lading – Cargo Description
The procedures for cargo description on HSWBs are identical to those of the HBL.
Cargo description
The transport provider cannot physically verify the contents of the cartons and
packages received from the shipper. For legal reasons, the description of the
goods must therefore always include the wording “Said To Contain” or “S.T.C.” to
signify that the transport provider is relying on the description of the goods supplied
by the shipper. Example: S.T.C. 1020 cartons of CD players.
If the NVOCC knows that the description of the goods supplied by the shipper is
not correct (for example that cartons are damaged), the carrier should note the
discrepancy on the HSWB or refuse to accept the cargo and issue the HSWB.
No. of packages
If cargo is lost during transit, it is the number of units as stated in the “no. of pkgs”
field that will be used for calculation of potential compensation to the owner. For
this reason, this field should always reflect the smallest number of shipping units.
Version 1.1. June 2004 Page 37 © A.P.Møller – Mærsk A/S
TMW Basic Transport Documentation
Example 1 (FCL container): “1 x 20’std” instead of “500 cartons”. Example 2 (LCL
shipment): “5 pallets” instead of “50 cartons”.
After issuing the HSWB to our customer, we must ensure that our own carrier B/L
or SWB adequately covers our liability. For insurance reasons, we need to receive
a carrier bill evidencing the same number of packages as shown on the
corresponding House bills.
Example: You have issued 5 HSWBs, each for 100 cartons. You have loaded the
goods into a 40’ container. The carrier bill must show 500 cartons in the goods
description: 1x40’std S.T.C. 500 cartons of general merchandise.
Clauses
Maersk Logistics should insert the clause “Shipper’s load, stow and count” if the
customer is loading the container at his premises.
“Shipped onboard” must only be used when the document is issued after vessel
sailing. If the customer wants the document issued before vessel sailing, the
clause “Received for shipment” is used instead. A “Shipped on board” HSWB
cannot be issued until Maersk Logistics has received confirmation from the ocean
carrier that the goods have been loaded onboard the vessel.
Maersk Logistics will not insert the clause “Clean onboard” on the Bill. Even for
LCL-shipments where we are physically handling the cartons, we cannot check the
quality and condition of the merchandise inside the cartons.
24-hour manifest rule (U.S. customs)
You may have heard about the 24-hour manifest rule established by U.S. Customs
and its requirements regarding description of goods – for example that “S.T.C.” is
not allowed and that the cargo description must be very specific (i.e. “general
merchandise” and other general cargo descriptions are not allowed).
For the purpose of transport documentation, you should be aware that the U.S.
Customs rules relate to the vessel manifest, not the printed Bill of Lading or Waybill
document. The vessel manifest is used for customs purposes. The printed Bill or
Waybill is used for legal and commercial purposes.
House Sea Waybill – Document Date
The date of the HSWB must be the date on which it is actually issued, irrespective
of the date the cargo was received or loaded, however not earlier than the date the
cargo was received or loaded respectively.
For a “Shipped on Board” HSWB, the date cannot be earlier than the date the
cargo was actually loaded on board the first vessel or conveyance mentioned in
the document. A “Shipped on board” HSWB cannot be issued until Maersk
Version 1.1. June 2004 Page 38 © A.P.Møller – Mærsk A/S
TMW Basic Transport Documentation
Logistics has received confirmation from the ocean carrier that the goods have
been loaded onboard the vessel.
For a “Received for Shipment” HSWB, the date cannot be earlier than the date the
cargo was actually received at the place of receipt or load port mentioned in the
document.
Sometimes, a shipper will request a carrier to issue the HSWB with earlier or later
dates in order to comply with time restrictions in the shipper’s Letter of Credit. The
carrier is not obliged to do so and should not do so. It would be considered an
attempt to defraud the buyer.
House Sea Waybill – Freight payment
The charges payable at origin (usually by the shipper) are called “prepaid”. The
charges payable at destination (usually by the consignee) are called “collect”.
In order to secure payment, the NVOCC will usually not release the HSWB
document to the shipper at origin before he has paid all prepaid charges. (But in
effect, the goods can be released at destination without this document so the only
way to ensure payment is to withhold shipment until payment has been received).
At destination, the NVOCC will usually not release the goods at destination until all
freight charges are paid.
It is a commercial decision by the NVOCC whether they wish to grant the shipper
and/or consignee credit. If credit has been granted, the NVOCC will release the
goods and expect the freight and other costs to be paid within the agreed time.
The shipper is responsible for advising the NVOCC which charges are prepaid and
collect. If the NVOCC is in doubt whether the consignee will pay for the collect
charges, he may check with the consignee before accepting the shipment.
In some areas of the world, from where there is a great risk and/or cost for the
carrier to ship cargo, the carrier may require that all charges are prepaid.
House Sea Waybill – Filing
An original is not collected at destination before releasing the goods. There are no
requirements to keep copies of HSWBs on file.
House Sea Waybill – Why use this document?
1. Why use a NVOCC?
You may wonder if it is not a complicated situation, having a NVOCC involved as a
middle man instead of just dealing directly with the ocean carrier.
Version 1.1. June 2004 Page 39 © A.P.Møller – Mærsk A/S
TMW Basic Transport Documentation
In particular small and middle-sized companies often do not have enough
shipments (cargo volume) to negotiate good rates and conditions with the carrier
directly. They therefore use a NVOCC who has a large number of customers and
therefore can negotiate good freight rates with the ocean carrier. Although the
NVOCC may add a margin to the freight rate, the customer still obtains a better
deal. It becomes a win-win situation.
The customer will often also purchase additional services from the NVOCC (e.g.
documentation and customs clearance).
2. Why use a House Sea Waybill ?
A Sea Waybill is used in cases where no sale of goods is expected during transit
(no change of consignee) and where the shipper and consignee trust that payment
will take place and legal ownership of the goods can change without the use of an
original B/L document.
This trust may be built based on a long-term relationship between the seller and
buyer, the fact that a Letter of Credit covers the shipment and ensures payment
(provided the shipper fulfils the obligations set out in the L/C) or because it is an
inter-company type carriage.
The advantage of the SWB is that it allows less administration and fast release of
the goods at destination because an exchange of original documents between the
shipper and the consignee and between the consignee and the NVOCC does not
have to take place.
House Sea Waybill – Difference between HBL and HSWB
1. In which areas are the HBL and the HSWB the same?
They are both issued by the NVOCC to his customer
They both function as Receipt for the cargo and Evidence of contract of
carriage
They both contain details about the shipment such as shipper, consignee,
vessel, place of delivery, cargo description and date
They must not be issued with a date different than the true issuance date /
onboard date
They can both not be issued until the carrier has issued the B/L or SWB and
thereby confirmed that the shipment is onboard (unless the shipper asks for a
“received for shipment” bill)
They obligate the NVOCC to ensure correct description of the goods
They obligate the NVOCC to care for the cargo while in his custody
They obligate the NVOCC to ensure that he releases the goods to the correctly
entitled party at destination
2. In which areas are the HBL and the HSWB different?
Version 1.1. June 2004 Page 40 © A.P.Møller – Mærsk A/S
TMW Basic Transport Documentation
The HBL is a document of title. The HSWB is NOT.
A HSWB cannot be consigned “to order”, it must always state a consignee.
The HBL is printed in sets of originals and copies (often 3 originals). A SWB is
only printed as copies.
The NVOCC does not require an original SWB in order to release the goods at
destination
House Sea Waybill – Difference between SWB and HSWB
1. In which areas are the carrier SWB and the House SWB the same?
They have the same two functions: A receipt for cargo and Evidence of contract
of carriage
Neither the HSWB nor the SWB can be consigned “to order” or “to order of
[name/company]” and cannot be endorsed and transferred to a third party. The
goods are to be released at destination to the consignee named by the shipper.
They are not documents of title.
They must not be issued with an onboard date different than the true onboard
date
They are only issued in copies
They usually have the same format and fields
They obligate the issuing party to ensure correct description of the goods
They obligate the issuing party to care for the cargo while in his custody
They obligate the issuing party to ensure that the goods are released to the
correctly entitled party at destination
1. In which areas are the carrier SWB and the House SWB different?
The HSWB is issued by the NVOCC who does not operate vessels. The SWB
is issued by an ocean carrier.
The HSWB evidences a contract between the NVOCC and his customer. The
carrier SWB evidences a contract between the carrier and his customer.
Maersk Logistics can issue HSWB. We cannot issue carrier SWB 0 nhận xét
In Maersk Logistics, we can issue HSWB when we act in the role as NVOCC. We
do so as agents for the principal carrier DSL Star Express Inc. Therefore, our
HSWB is called a DSL Star Express SWB (DSE SWB).
We do not issue a “Maersk Logistics HSWB” unless there are specific reasons to
do so and appropriate management and legal sign-off is in place.
House Sea Waybill – Issuing Party
The HSWB is issued by a NVOCC (non-vessel operating common carrier), also
called a NVO.
In some countries, any freight forwarder can act as NVOCC and issue HSWB for
their ocean shipments. In other countries (e.g. the USA), only companies
registered specifically as NVOCC are licensed to issue HSWB.
House Sea Waybill – Functions
Basically, a House Sea Waybill has following functions:
1. A receipt for the cargo
2. Evidence of a contract of carriage
The House Sea Waybill is NOT a document of title.
1. Receipt for cargo
A HSWB is a document issued to a shipper in exchange for his cargo. It is a
confirmation by the NVOCC that they have taken the customer’s goods into their
custody and take on the responsibility to care for the goods.
The shipper will nominate the consignee and the NVOCC will only release the
cargo to the named consignee at destination.
Version 1.1. June 2004 Page 34 © A.P.Møller – Mærsk A/S
TMW Basic Transport Documentation
2. Evidence of contract of carriage
Just as the HBL, the HSWB is evidence of a contract of carriage, but the actual
contract of carriage is always the underlying agreement between the NVOCC and
the customer to carry his goods. The HSWB is merely evidence of this.
You should note that the HSWB is NOT evidence of a contract of carriage with the
ocean carrier. The HSWB is a matter between the NVOCC and the customer.
The contract of carriage with the ocean carrier is a matter between the NVOCC
and the ocean carrier and is evidenced by the carrier B/L or SWB.
This means that the seller or the buyer will not be able to file a claim directly
against the ocean carrier for loss or damage to his goods, because they are not
party to the contract of carriage. The buyer or seller will file claim against the
NVOCC who in turn will file claim against the ocean carrier.
Nor should the ocean carrier provide shipment details and information to the seller
or the buyer directly. The ocean carrier should regard the NVOCC as his customer.
The NVOCC must keep his customer (the seller/buyer) informed.
Also see: Evidence of contract of carriage in the Glossary.
3. The HSWB is not a document of title
The HSWB is not a Document of Title. It cannot be consigned “to order” and it
cannot be endorsed and transferred to another consignee.
The NVOCC will only release the goods to the party named as consignee on the
HSWB.
The consignee does not have to present an original HSWB at destination to obtain
release of the goods. He just needs to be able to identify himself as a
representative of the consignee in the HSWB.
The shipper can amend his release instructions up until such time as the cargo has
been physically released to the consignee.
House Sea Waybills – Originals and Copies
Because the HSWB is not a document of title and is not required to effect release
of the goods at destination, HSWBs are not issued in “originals” and “copies”.
Whether the HSWB form says “copy” or “non-negotiable” or does not have a
notation at all, does not matter. It is always a copy document which is not
transferable.
Version 1.1. June 2004 Page 35 © A.P.Møller – Mærsk A/S
TMW Basic Transport Documentation
The shipper or consignee may ask to obtain printed copies of the HSWB and the
NVOCC will issue a reasonable number of copies. Copies of the HSWB may be
used for purposes such as proof of shipment, customs, payment, bank or Letter of
Credit requirement and so on.
House Sea Waybill – NVOCC’s responsibility
The three main areas of responsibility of the NVOCC under a HSWB are more or
less the same as for the House B/L:
1. Responsibility for correct description of the goods
2. Responsibility to release the goods to the properly entitled party at the proper
location
3. Responsibility to care for the cargo while it is in the carrier’s custody
1. Responsibility for correct description of the goods
Any third party buyer may purchase goods by relying on the description of the
goods in the HSWB (quantity, condition, etc.).
The description of the goods on the HSWB is usually supplied by the shipper or his
agent. (The NVOCC will not know what is inside a container or carton packed by
the shipper). It is however essential that if the NVOCC knows that the description
of the goods supplied by the shipper is not correct (for example that cartons are
damaged), the NVOCC clearly notes the discrepancy on the HSWB or refuses to
accept the cargo and issue the HSWB.
As you know, the NVOCC will arrange for a carrier B/L or SWB. The NVOCC
should ensure that the description of the goods is the same on the HSWB and the
carrier B/L.
If the ocean carrier at time of receipt of the goods, notes a discrepancy on the
carrier B/L or SWB about shortcomings or damages, the NVOCC must ensure that
the same discrepancy clause is noted on the HSWB. Otherwise, the NVOCC can
become liable and have to pay compensation to the consignee, but cannot re-claim
the money from the ocean carrier.
2. Responsibility to care for the cargo while in the carrier’s custody
When issuing the HSWB, the NVOCC takes on the responsibilities, obligations and
liabilities as a carrier. Even when sub-contracting the carriage to a carrier, the
NVOCC is responsible for the goods towards his own customer (the shipper /
consignee).
If the goods are damaged or lost during transit, the shipper or consignee can file
claim against the NVOCC.
Version 1.1. June 2004 Page 36 © A.P.Møller – Mærsk A/S
TMW Basic Transport Documentation
3. Responsibility to ensure that the party to whom goods are released is in fact a
representative of the consignee
Although a HSWB document is not needed to effect release of the goods, the
carrier is nonetheless obliged to assure himself of the identify of the party to whom
cargo is released.
If he is in doubt, he should contact the shipper.
House Sea Waybill - Amendment
A shipper can amend his release instructions (consignee name) until such time as
the cargo has been physically released to the consignee.
Amendments should be made in writing and are always subject to acceptance by
the carrier.
There is no need for the carrier to have the HSWBs returned in order to make an
amendment (as they are not issued as originals but only copies). But to ensure that
no unnecessary disputes arise because of the amendment, the NVOCC may
confirm the amendment with both the shipper and the consignee.
The NVOCC must ensure that no changes to the description of the goods are
made that can affect his position towards the consignee. This means that the
NVOCC must ensure that the HSWB still corresponds with the carrier B/L or SWB,
and if not, that the carrier B/L or SWB is amended accordingly. The HSWB should
not be amended if the carrier will not agree to amend the carrier B/L.
House Bill of Lading – Cargo Description
The procedures for cargo description on HSWBs are identical to those of the HBL.
Cargo description
The transport provider cannot physically verify the contents of the cartons and
packages received from the shipper. For legal reasons, the description of the
goods must therefore always include the wording “Said To Contain” or “S.T.C.” to
signify that the transport provider is relying on the description of the goods supplied
by the shipper. Example: S.T.C. 1020 cartons of CD players.
If the NVOCC knows that the description of the goods supplied by the shipper is
not correct (for example that cartons are damaged), the carrier should note the
discrepancy on the HSWB or refuse to accept the cargo and issue the HSWB.
No. of packages
If cargo is lost during transit, it is the number of units as stated in the “no. of pkgs”
field that will be used for calculation of potential compensation to the owner. For
this reason, this field should always reflect the smallest number of shipping units.
Version 1.1. June 2004 Page 37 © A.P.Møller – Mærsk A/S
TMW Basic Transport Documentation
Example 1 (FCL container): “1 x 20’std” instead of “500 cartons”. Example 2 (LCL
shipment): “5 pallets” instead of “50 cartons”.
After issuing the HSWB to our customer, we must ensure that our own carrier B/L
or SWB adequately covers our liability. For insurance reasons, we need to receive
a carrier bill evidencing the same number of packages as shown on the
corresponding House bills.
Example: You have issued 5 HSWBs, each for 100 cartons. You have loaded the
goods into a 40’ container. The carrier bill must show 500 cartons in the goods
description: 1x40’std S.T.C. 500 cartons of general merchandise.
Clauses
Maersk Logistics should insert the clause “Shipper’s load, stow and count” if the
customer is loading the container at his premises.
“Shipped onboard” must only be used when the document is issued after vessel
sailing. If the customer wants the document issued before vessel sailing, the
clause “Received for shipment” is used instead. A “Shipped on board” HSWB
cannot be issued until Maersk Logistics has received confirmation from the ocean
carrier that the goods have been loaded onboard the vessel.
Maersk Logistics will not insert the clause “Clean onboard” on the Bill. Even for
LCL-shipments where we are physically handling the cartons, we cannot check the
quality and condition of the merchandise inside the cartons.
24-hour manifest rule (U.S. customs)
You may have heard about the 24-hour manifest rule established by U.S. Customs
and its requirements regarding description of goods – for example that “S.T.C.” is
not allowed and that the cargo description must be very specific (i.e. “general
merchandise” and other general cargo descriptions are not allowed).
For the purpose of transport documentation, you should be aware that the U.S.
Customs rules relate to the vessel manifest, not the printed Bill of Lading or Waybill
document. The vessel manifest is used for customs purposes. The printed Bill or
Waybill is used for legal and commercial purposes.
House Sea Waybill – Document Date
The date of the HSWB must be the date on which it is actually issued, irrespective
of the date the cargo was received or loaded, however not earlier than the date the
cargo was received or loaded respectively.
For a “Shipped on Board” HSWB, the date cannot be earlier than the date the
cargo was actually loaded on board the first vessel or conveyance mentioned in
the document. A “Shipped on board” HSWB cannot be issued until Maersk
Version 1.1. June 2004 Page 38 © A.P.Møller – Mærsk A/S
TMW Basic Transport Documentation
Logistics has received confirmation from the ocean carrier that the goods have
been loaded onboard the vessel.
For a “Received for Shipment” HSWB, the date cannot be earlier than the date the
cargo was actually received at the place of receipt or load port mentioned in the
document.
Sometimes, a shipper will request a carrier to issue the HSWB with earlier or later
dates in order to comply with time restrictions in the shipper’s Letter of Credit. The
carrier is not obliged to do so and should not do so. It would be considered an
attempt to defraud the buyer.
House Sea Waybill – Freight payment
The charges payable at origin (usually by the shipper) are called “prepaid”. The
charges payable at destination (usually by the consignee) are called “collect”.
In order to secure payment, the NVOCC will usually not release the HSWB
document to the shipper at origin before he has paid all prepaid charges. (But in
effect, the goods can be released at destination without this document so the only
way to ensure payment is to withhold shipment until payment has been received).
At destination, the NVOCC will usually not release the goods at destination until all
freight charges are paid.
It is a commercial decision by the NVOCC whether they wish to grant the shipper
and/or consignee credit. If credit has been granted, the NVOCC will release the
goods and expect the freight and other costs to be paid within the agreed time.
The shipper is responsible for advising the NVOCC which charges are prepaid and
collect. If the NVOCC is in doubt whether the consignee will pay for the collect
charges, he may check with the consignee before accepting the shipment.
In some areas of the world, from where there is a great risk and/or cost for the
carrier to ship cargo, the carrier may require that all charges are prepaid.
House Sea Waybill – Filing
An original is not collected at destination before releasing the goods. There are no
requirements to keep copies of HSWBs on file.
House Sea Waybill – Why use this document?
1. Why use a NVOCC?
You may wonder if it is not a complicated situation, having a NVOCC involved as a
middle man instead of just dealing directly with the ocean carrier.
Version 1.1. June 2004 Page 39 © A.P.Møller – Mærsk A/S
TMW Basic Transport Documentation
In particular small and middle-sized companies often do not have enough
shipments (cargo volume) to negotiate good rates and conditions with the carrier
directly. They therefore use a NVOCC who has a large number of customers and
therefore can negotiate good freight rates with the ocean carrier. Although the
NVOCC may add a margin to the freight rate, the customer still obtains a better
deal. It becomes a win-win situation.
The customer will often also purchase additional services from the NVOCC (e.g.
documentation and customs clearance).
2. Why use a House Sea Waybill ?
A Sea Waybill is used in cases where no sale of goods is expected during transit
(no change of consignee) and where the shipper and consignee trust that payment
will take place and legal ownership of the goods can change without the use of an
original B/L document.
This trust may be built based on a long-term relationship between the seller and
buyer, the fact that a Letter of Credit covers the shipment and ensures payment
(provided the shipper fulfils the obligations set out in the L/C) or because it is an
inter-company type carriage.
The advantage of the SWB is that it allows less administration and fast release of
the goods at destination because an exchange of original documents between the
shipper and the consignee and between the consignee and the NVOCC does not
have to take place.
House Sea Waybill – Difference between HBL and HSWB
1. In which areas are the HBL and the HSWB the same?
They are both issued by the NVOCC to his customer
They both function as Receipt for the cargo and Evidence of contract of
carriage
They both contain details about the shipment such as shipper, consignee,
vessel, place of delivery, cargo description and date
They must not be issued with a date different than the true issuance date /
onboard date
They can both not be issued until the carrier has issued the B/L or SWB and
thereby confirmed that the shipment is onboard (unless the shipper asks for a
“received for shipment” bill)
They obligate the NVOCC to ensure correct description of the goods
They obligate the NVOCC to care for the cargo while in his custody
They obligate the NVOCC to ensure that he releases the goods to the correctly
entitled party at destination
2. In which areas are the HBL and the HSWB different?
Version 1.1. June 2004 Page 40 © A.P.Møller – Mærsk A/S
TMW Basic Transport Documentation
The HBL is a document of title. The HSWB is NOT.
A HSWB cannot be consigned “to order”, it must always state a consignee.
The HBL is printed in sets of originals and copies (often 3 originals). A SWB is
only printed as copies.
The NVOCC does not require an original SWB in order to release the goods at
destination
House Sea Waybill – Difference between SWB and HSWB
1. In which areas are the carrier SWB and the House SWB the same?
They have the same two functions: A receipt for cargo and Evidence of contract
of carriage
Neither the HSWB nor the SWB can be consigned “to order” or “to order of
[name/company]” and cannot be endorsed and transferred to a third party. The
goods are to be released at destination to the consignee named by the shipper.
They are not documents of title.
They must not be issued with an onboard date different than the true onboard
date
They are only issued in copies
They usually have the same format and fields
They obligate the issuing party to ensure correct description of the goods
They obligate the issuing party to care for the cargo while in his custody
They obligate the issuing party to ensure that the goods are released to the
correctly entitled party at destination
1. In which areas are the carrier SWB and the House SWB different?
The HSWB is issued by the NVOCC who does not operate vessels. The SWB
is issued by an ocean carrier.
The HSWB evidences a contract between the NVOCC and his customer. The
carrier SWB evidences a contract between the carrier and his customer.
Maersk Logistics can issue HSWB. We cannot issue carrier SWB 0 nhận xét
Forwarder’s Cargo Receipt (FCR)
Nhãn: Kiến thức XNK
FCR – Introduction
When forwader company, acting as agents for the consignee, have received the
goods and all necessary documentation and payment of charges from the seller,
we issue a Forwarder’s Cargo Receipt (FCR). The seller will use the FCR to
confirm to the buyer and/or the bank that he has delivered the goods for shipment
and that the carriage is being arranged by Maersk Logistics.
forwader company will arrange the ocean transport and the ocean carrier will issue a
B/L (or SWB). The B/L (or SWB) is used to obtain release of the goods at
destination.
It is also possible to combine the use of the FCR with a House B/L or House SWB
if the customer is using a NVOCC to supply ocean carriage. If forwader company is
the NVOCC and has issued a HBL or HSWB, there is no need to also issue a FCR
unless there are specific reasons to do so (for example that the vendor’s L/C
requires a logistic company FCR).
In many ways the FCR document looks similar to the Bill of Lading and House Bill
of Lading. But it is distinctly different than a B/L, SWB, HBL or HSWB in that it does
NOT evidence a contract of carriage.
A FCR cannot replace the B/L, SWB, HBL or HSWB. It is always used together
with one of these documents.
FCR – Issuing Party
A Forwarder’s Cargo Receipt (FCR) is issued by a freight forwarder who is acting
as agent on behalf of the consignee.
FCR – Functions
The FCR functions as:
1. Receipt for the cargo
Following functions are NOT applicable to the FCR:
2. Evidence of contract of carriage
3. Document of title
1. Receipt for cargo
The FCR is a receipt by the agent / forwarder that the goods are in his custody.
The FCR does not confirm shipment and can therefore be issued before the carrier
B/L has been issued.
2. The FCR is NOT evidence of contract of carriage
The FCR does not evidence of a contract of carriage with the ocean carrier, freight
forwarder or NVOCC. The evidence of contract of carriage will be the document
issued by the ocean carrier (ie. the B/L or SWB) or the NVOCC (HBL or HSWB).
3. The FCR is NOT a document of title and it not used at destination
The FCR is NOT a document of title. It cannot be negotiated, and it cannot be
endorsed to other parties. The consignee cannot be “to order” and the consignee’s
name must be entered in full.
There is no requirement that a FCR is presented at destination to obtain release of
the goods. The release of the goods take place based on the B/L (or SWB). In fact,
the FCR is seldom used at destination. It is primarily a document for origin use.
Although the client’s SOP specifies that a FCR is to be issued together with a Sea
Waybill, there may be a few situations where a vendor insists to receive a
document of title / a negotiable document, a House Bill of Lading (DSL Star
Express B/L) can be issued instead of the FCR but it requires:
a. Confirmation from consignee (MLOG acts as agents for the consignee. We
should therefore seek confirmation from the consignee before we issue a
different document than the FCR. Preferably, we ask the consignee to ensure
that the shipper (and his bank and L/C) will accept the FCR instead of a HBL.
But, sometimes it can be difficult to change a L/C after is has been issued. The
consignee may therefore ask that a HBL is issued for this shipment. The
consignee should ensure that future L/Cs require a FCR instead of a document
of title)
b. If a HBL is issued, the carrier SWB or B/L must not be consigned to the same
person as the HBL. If Maersk Logistics issue a HBL, the carrier bill must be
consigned to logistic company , not the customer.
c. Clear notification and follow-up with logistic's company at destination (If a HBL is
issued instead of a FCR, MLOG at destination must receive a duly endorsed
original HBL at destination before the goods are released to the consignee.
MLOG at origin must ensure that MLOG at destination is made aware of this
requirement. For customers that usually operate under FCRs, it is an unusual
situation to have a HBL involved in the shipment. MLOG at destination will
therefore not be aware of the release requirements under the HBL unless they
receive clear notification from logistic company at origin).
FCR – Originals and Copies
The FCR is not a document of title and an original is not needed to effect release of
goods at destination. As such, there is no reason why the FCR should be issued as
an original document.
However, often the shipper (and the bank) will insist to receive an original FCR and
therefore the FCR is often issued in 3 originals and a reasonable number of copies.
It is actually more correct to issue 1 original FCR and a reasonable number of
copies (but 3 originals is market practice in some areas of the world today).
FCR – Forwarder’s Responsibility
The two main areas of responsibility of an agent / freight forwarder issuing FCRs
are:
1. Responsibility for correct description of the goods
2. Responsibility to care for the goods while in the agent’s custody
1. Responsibility for correct description of the goods
The consignee and the bank will rely on the description of the goods in the FCR
(quantity, condition, etc) to effect payment to the seller.
It is essential that logistic company clearly notes any damages or shortcomings on
the FCR or refuse to accept the cargo if the physical goods received do not match
the description.
logistic's company , acting as agents for the consignee, will arrange a carrier Bill of
Lading or Sea Waybill that covers the carriage performed by the ocean carrier.
logistic's company should ensure that the description in the carrier B/L (or SWB)
corresponds with the description in the FCR.
The consignee will expect to receive the goods as described in the B/L or SWB.
If a shipper requests a “clean FCR” in order to meet the requirements in his Letter
of Credit but the carrier will not issue a clean B/L (without any notation of
shortcomings or damages), Maersk Logistics cannot meet his request.
2. Responsibility to care for the goods while in the agent’s custody
This is closely related to what we have just discussed. Maersk Logistics is
responsible to take good care of the goods while they are in our custody. If we
damage the goods, we become liable towards the consignee.
However note that when goods are delivered to the carrier and covered by a
transport document (B/L or SWB), it becomes the carrier’s responsibility to care for
the goods.
Maersk Logistics is only responsible for the goods under the FCR as long as the
goods are in our custody. (This is distinctly different from a HBL/HSWB where we
take on responsibility as carrier).
FCR – Amendment
Should the shipper request an amendment to the FCR, the issuing agent should
ask to have the original FCRs returned.
Amendments should be made in writing and are subject to acceptance by the
forwarder. The forwarder must ensure that no changes to the description of the
goods are made that can affect his position towards the consignee.
FCR – Cargo Description
The procedures for FCRs follow the same rules as Bills of Lading and Waybills.
Cargo description
The transport provider cannot physically verify the contents of the cartons and
packages received from the shipper. For legal reasons, the description of the
goods must therefore always include the wording “Said To Contain” or “S.T.C.” to
signify that the transport provider is relying on the description of the goods supplied
by the shipper. Example: S.T.C. 1020 cartons of CD players.
If the forwarder knows that the description of the goods supplied by the shipper is
not correct (for example that cartons are damaged), the forwarder should note the
discrepancy on the FCR or refuse to accept the cargo and issue the FCR.
No. of packages
If cargo is lost while in the forwarder’s custody, it is the number of units as stated in
the “no. of pkgs” field that will be used for calculation of potential compensation to
the owner. For this reason, this field should always reflect the smallest number of
shipping units. Example: “5 pallets” instead of “50 cartons”.
Clauses
The transport provider should insert the clause “Shipper’s load, stow and count” if
the customer is loading the container at his premises.
FCR – Document Date
The receiving date on the FCR date must be the date on which the goods were
received by Maersk Logistics (or the CY-container was delivered to the carrier’s
terminal).
In some cases, the shipper may ask that the FCR is dated earlier or later than the
actual date in order to comply with conditions in his Letter of Credit. We should not
issue the FCR with an incorrect date - it would be seen as an attempt to defraud
the consignee.
FCR – Payment
The issuing agent / freight forwarder of a FCR, will usually not release the FCR to
the shipper until he has not only delivered the goods but also delivered all required
documents (export licence, commercial invoice, etc.) and paid all local charges that
are for the account of the shipper.
You should note that the FCR is not an invoice. It is a cargo receipt. Even though
the FCR is used in connection with the payment of charges at origin, it cannot
replace the issuance of an invoice. But origins may use the same number for the
FCR and the invoice.
FCR – Filing
There are no international requirements for filing of original FCRs. Please check
local procedures. There is no need to collect an original FCR at destination.
FCR – Why use this document?
The FCR document is used to facilitate payment.
When the shipper has delivered his goods to the agent / freight forwarder (and any
required documentation), he will receive the FCR as proof that the goods have
been delivered for shipment.
The L/C will stipulate which documentation must be in place before payment for the
goods will be effected. If the buyer and seller have agreed that the FCR is to act as
proof that the goods have been made available for shipment, the L/C must clearly
state that payment can be effected upon presentation of a Maersk Logistics FCR.
The advantage to the shipper of using the FCR to effect payment (instead of a B/L,
SWB or HBL) is that the FCR can be issued before the goods have been shipped
by the ocean carrier. Therefore, the seller can obtain payment for his goods faster
than if he had had to wait for the B/L to be issued.
To the consignee, there is an advantage when logistic company consolidates
goods from multiple shippers into one container. In such case, a separate FCR will
be issued to each of the shippers but only one carrier B/L (or SWB) will be issued
by the carrier. This will save the consignee documentation and customs clearance
fees at destination.
As you know, when a FCR is issued by Maersk Logistics, the carrier will issue a
B/L or a SWB. When a carrier B/L or SWB is issued, the shipper/seller under
normal circumstances has the right to amend the release instructions (e.g.
consignee name and destination).
By accepting a FCR, the shipper assigns the benefit of these forwarding
instructions to the consignee (buyer). In other words, the seller waives his right to
revoke any delivery instructions after he has delivered the goods to logistic's company , and logistic's company is not legally obliged to comply with the shipper’s
instructions after receipt of the cargo and issuance of the FCR.
logistic's company will comply with the buyer’s instructions.
You should note that although the FCR is used as a vehicle for payment, logistic's company is not involved in the monetary transaction and change of ownership
between the seller and the buyer. We issue the FCR as a receipt for the cargo.
FCR – Differences between FCR and carrier B/L
The B/L is issued by the ocean carrier. The FCR is issued by a freight
forwarder, acting as agent on behalf of a consignee.
The B/L is a document of title and can be endorsed. The FCR is not. The FCR
cannot be consigned “to order”.
The B/L is evidence of contract of carriage with the carrier. The FCR is not.
A duly endorsed B/L must be presented to the carrier at destination to obtain
release of the goods. The FCR does not have this function.
Under a FCR, logistic's company is only responsible for the goods while they are
in our custody. If goods are lost or damaged during transit, the client must file
claim against the ocean carrier under the B/L (or SWB).
FCR – Differences between FCR and carrier SWB
The SWB is issued by the ocean carrier. The FCR is issued by a freight
forwarder, acting as agent on behalf of a consignee.
The SWB is evidence of contract of carriage with the carrier. The FCR is not.
The carrier will release the goods at destination to a person who can identify
himself as a representative of the consignee stated in the SWB. The FCR does
not have this function. The FCR is only used at origin and is not a release
document.
Under a FCR, Maersk Logistics is only responsible for the goods while they are
in our custody. If goods are lost or damaged during transit, the client must file
claim against the ocean carrier under the B/L (or SWB).
FCR – Differences between FCR and HBL
The HBL is issued by Maersk Logistics when we act as NVOCC.
As NVOCC we act as agents of DSL Star Express and take on the
responsibilities and liabilities as a principal carrier. Even when sub-contracting
the ocean carriage to an ocean carrier such as Maersk Sealand, we have the
responsibility and liability of a carrier under the HBL.
When we issue FCRs, we act as agents for the consignee but do not take on
the responsibility and liability for the carriage of the goods. Maersk Logistics is
only responsible and liable for the goods while they are in our custody.
The HBL is a document of title and can be endorsed. The FCR is not.
The HBL evidences a contract of carriage between the NVOCC and the
customer. The FCR does not evidence a contract of carriage.
A duly endorsed HBL must be presented to the NVOCC (Maersk Logistics) at
destination to obtain release of the goods. The FCR does not have this
function. The FCR is not a release document.
When cargo is moving under a HBL, the shipper or the consignee will agree
freight rates with the NVOCC (Maersk Logistics). When a FCR is issued, the
customer will have agreed freight rates directly with the ocean carrier and the
goods will move under a B/L or SWB.
Under a FCR, Maersk Logistics is only responsible for the goods while they are
in our custody. If goods are lost or damaged during transit, the client must file
claim against the ocean carrier under the B/L (or SWB).
FCR – Differences between FCR and HSWB
The HSWB is issued by Maersk Logistics acting as NVOCC (agent for DSL Star
Express).
Neither the HSWB nor the FCR are documents of title. None of them can be
endorsed or consigned “to order”.
Version 1.1. June 2004 Page 48 © A.P.Møller – Mærsk A/S
TMW Basic Transport Documentation
The HSWB is evidence of contract of carriage with the NVOCC. The FCR is
not.
The NVOCC will release the goods at destination to a person who can identify
himself as a representative of the consignee stated in the HSWB. The FCR
does not have this function. The FCR is only used at origin and is not a release
document.
Under a FCR, Maersk Logistics is only responsible for the goods while they are
in our custody. If goods are lost or damaged during transit, the client must file
claim against the ocean carrier under the B/L (or SWB). 0 nhận xét
When forwader company, acting as agents for the consignee, have received the
goods and all necessary documentation and payment of charges from the seller,
we issue a Forwarder’s Cargo Receipt (FCR). The seller will use the FCR to
confirm to the buyer and/or the bank that he has delivered the goods for shipment
and that the carriage is being arranged by Maersk Logistics.
forwader company will arrange the ocean transport and the ocean carrier will issue a
B/L (or SWB). The B/L (or SWB) is used to obtain release of the goods at
destination.
It is also possible to combine the use of the FCR with a House B/L or House SWB
if the customer is using a NVOCC to supply ocean carriage. If forwader company is
the NVOCC and has issued a HBL or HSWB, there is no need to also issue a FCR
unless there are specific reasons to do so (for example that the vendor’s L/C
requires a logistic company FCR).
In many ways the FCR document looks similar to the Bill of Lading and House Bill
of Lading. But it is distinctly different than a B/L, SWB, HBL or HSWB in that it does
NOT evidence a contract of carriage.
A FCR cannot replace the B/L, SWB, HBL or HSWB. It is always used together
with one of these documents.
FCR – Issuing Party
A Forwarder’s Cargo Receipt (FCR) is issued by a freight forwarder who is acting
as agent on behalf of the consignee.
FCR – Functions
The FCR functions as:
1. Receipt for the cargo
Following functions are NOT applicable to the FCR:
2. Evidence of contract of carriage
3. Document of title
1. Receipt for cargo
The FCR is a receipt by the agent / forwarder that the goods are in his custody.
The FCR does not confirm shipment and can therefore be issued before the carrier
B/L has been issued.
2. The FCR is NOT evidence of contract of carriage
The FCR does not evidence of a contract of carriage with the ocean carrier, freight
forwarder or NVOCC. The evidence of contract of carriage will be the document
issued by the ocean carrier (ie. the B/L or SWB) or the NVOCC (HBL or HSWB).
3. The FCR is NOT a document of title and it not used at destination
The FCR is NOT a document of title. It cannot be negotiated, and it cannot be
endorsed to other parties. The consignee cannot be “to order” and the consignee’s
name must be entered in full.
There is no requirement that a FCR is presented at destination to obtain release of
the goods. The release of the goods take place based on the B/L (or SWB). In fact,
the FCR is seldom used at destination. It is primarily a document for origin use.
Although the client’s SOP specifies that a FCR is to be issued together with a Sea
Waybill, there may be a few situations where a vendor insists to receive a
document of title / a negotiable document, a House Bill of Lading (DSL Star
Express B/L) can be issued instead of the FCR but it requires:
a. Confirmation from consignee (MLOG acts as agents for the consignee. We
should therefore seek confirmation from the consignee before we issue a
different document than the FCR. Preferably, we ask the consignee to ensure
that the shipper (and his bank and L/C) will accept the FCR instead of a HBL.
But, sometimes it can be difficult to change a L/C after is has been issued. The
consignee may therefore ask that a HBL is issued for this shipment. The
consignee should ensure that future L/Cs require a FCR instead of a document
of title)
b. If a HBL is issued, the carrier SWB or B/L must not be consigned to the same
person as the HBL. If Maersk Logistics issue a HBL, the carrier bill must be
consigned to logistic company , not the customer.
c. Clear notification and follow-up with logistic's company at destination (If a HBL is
issued instead of a FCR, MLOG at destination must receive a duly endorsed
original HBL at destination before the goods are released to the consignee.
MLOG at origin must ensure that MLOG at destination is made aware of this
requirement. For customers that usually operate under FCRs, it is an unusual
situation to have a HBL involved in the shipment. MLOG at destination will
therefore not be aware of the release requirements under the HBL unless they
receive clear notification from logistic company at origin).
FCR – Originals and Copies
The FCR is not a document of title and an original is not needed to effect release of
goods at destination. As such, there is no reason why the FCR should be issued as
an original document.
However, often the shipper (and the bank) will insist to receive an original FCR and
therefore the FCR is often issued in 3 originals and a reasonable number of copies.
It is actually more correct to issue 1 original FCR and a reasonable number of
copies (but 3 originals is market practice in some areas of the world today).
FCR – Forwarder’s Responsibility
The two main areas of responsibility of an agent / freight forwarder issuing FCRs
are:
1. Responsibility for correct description of the goods
2. Responsibility to care for the goods while in the agent’s custody
1. Responsibility for correct description of the goods
The consignee and the bank will rely on the description of the goods in the FCR
(quantity, condition, etc) to effect payment to the seller.
It is essential that logistic company clearly notes any damages or shortcomings on
the FCR or refuse to accept the cargo if the physical goods received do not match
the description.
logistic's company , acting as agents for the consignee, will arrange a carrier Bill of
Lading or Sea Waybill that covers the carriage performed by the ocean carrier.
logistic's company should ensure that the description in the carrier B/L (or SWB)
corresponds with the description in the FCR.
The consignee will expect to receive the goods as described in the B/L or SWB.
If a shipper requests a “clean FCR” in order to meet the requirements in his Letter
of Credit but the carrier will not issue a clean B/L (without any notation of
shortcomings or damages), Maersk Logistics cannot meet his request.
2. Responsibility to care for the goods while in the agent’s custody
This is closely related to what we have just discussed. Maersk Logistics is
responsible to take good care of the goods while they are in our custody. If we
damage the goods, we become liable towards the consignee.
However note that when goods are delivered to the carrier and covered by a
transport document (B/L or SWB), it becomes the carrier’s responsibility to care for
the goods.
Maersk Logistics is only responsible for the goods under the FCR as long as the
goods are in our custody. (This is distinctly different from a HBL/HSWB where we
take on responsibility as carrier).
FCR – Amendment
Should the shipper request an amendment to the FCR, the issuing agent should
ask to have the original FCRs returned.
Amendments should be made in writing and are subject to acceptance by the
forwarder. The forwarder must ensure that no changes to the description of the
goods are made that can affect his position towards the consignee.
FCR – Cargo Description
The procedures for FCRs follow the same rules as Bills of Lading and Waybills.
Cargo description
The transport provider cannot physically verify the contents of the cartons and
packages received from the shipper. For legal reasons, the description of the
goods must therefore always include the wording “Said To Contain” or “S.T.C.” to
signify that the transport provider is relying on the description of the goods supplied
by the shipper. Example: S.T.C. 1020 cartons of CD players.
If the forwarder knows that the description of the goods supplied by the shipper is
not correct (for example that cartons are damaged), the forwarder should note the
discrepancy on the FCR or refuse to accept the cargo and issue the FCR.
No. of packages
If cargo is lost while in the forwarder’s custody, it is the number of units as stated in
the “no. of pkgs” field that will be used for calculation of potential compensation to
the owner. For this reason, this field should always reflect the smallest number of
shipping units. Example: “5 pallets” instead of “50 cartons”.
Clauses
The transport provider should insert the clause “Shipper’s load, stow and count” if
the customer is loading the container at his premises.
FCR – Document Date
The receiving date on the FCR date must be the date on which the goods were
received by Maersk Logistics (or the CY-container was delivered to the carrier’s
terminal).
In some cases, the shipper may ask that the FCR is dated earlier or later than the
actual date in order to comply with conditions in his Letter of Credit. We should not
issue the FCR with an incorrect date - it would be seen as an attempt to defraud
the consignee.
FCR – Payment
The issuing agent / freight forwarder of a FCR, will usually not release the FCR to
the shipper until he has not only delivered the goods but also delivered all required
documents (export licence, commercial invoice, etc.) and paid all local charges that
are for the account of the shipper.
You should note that the FCR is not an invoice. It is a cargo receipt. Even though
the FCR is used in connection with the payment of charges at origin, it cannot
replace the issuance of an invoice. But origins may use the same number for the
FCR and the invoice.
FCR – Filing
There are no international requirements for filing of original FCRs. Please check
local procedures. There is no need to collect an original FCR at destination.
FCR – Why use this document?
The FCR document is used to facilitate payment.
When the shipper has delivered his goods to the agent / freight forwarder (and any
required documentation), he will receive the FCR as proof that the goods have
been delivered for shipment.
The L/C will stipulate which documentation must be in place before payment for the
goods will be effected. If the buyer and seller have agreed that the FCR is to act as
proof that the goods have been made available for shipment, the L/C must clearly
state that payment can be effected upon presentation of a Maersk Logistics FCR.
The advantage to the shipper of using the FCR to effect payment (instead of a B/L,
SWB or HBL) is that the FCR can be issued before the goods have been shipped
by the ocean carrier. Therefore, the seller can obtain payment for his goods faster
than if he had had to wait for the B/L to be issued.
To the consignee, there is an advantage when logistic company consolidates
goods from multiple shippers into one container. In such case, a separate FCR will
be issued to each of the shippers but only one carrier B/L (or SWB) will be issued
by the carrier. This will save the consignee documentation and customs clearance
fees at destination.
As you know, when a FCR is issued by Maersk Logistics, the carrier will issue a
B/L or a SWB. When a carrier B/L or SWB is issued, the shipper/seller under
normal circumstances has the right to amend the release instructions (e.g.
consignee name and destination).
By accepting a FCR, the shipper assigns the benefit of these forwarding
instructions to the consignee (buyer). In other words, the seller waives his right to
revoke any delivery instructions after he has delivered the goods to logistic's company , and logistic's company is not legally obliged to comply with the shipper’s
instructions after receipt of the cargo and issuance of the FCR.
logistic's company will comply with the buyer’s instructions.
You should note that although the FCR is used as a vehicle for payment, logistic's company is not involved in the monetary transaction and change of ownership
between the seller and the buyer. We issue the FCR as a receipt for the cargo.
FCR – Differences between FCR and carrier B/L
The B/L is issued by the ocean carrier. The FCR is issued by a freight
forwarder, acting as agent on behalf of a consignee.
The B/L is a document of title and can be endorsed. The FCR is not. The FCR
cannot be consigned “to order”.
The B/L is evidence of contract of carriage with the carrier. The FCR is not.
A duly endorsed B/L must be presented to the carrier at destination to obtain
release of the goods. The FCR does not have this function.
Under a FCR, logistic's company is only responsible for the goods while they are
in our custody. If goods are lost or damaged during transit, the client must file
claim against the ocean carrier under the B/L (or SWB).
FCR – Differences between FCR and carrier SWB
The SWB is issued by the ocean carrier. The FCR is issued by a freight
forwarder, acting as agent on behalf of a consignee.
The SWB is evidence of contract of carriage with the carrier. The FCR is not.
The carrier will release the goods at destination to a person who can identify
himself as a representative of the consignee stated in the SWB. The FCR does
not have this function. The FCR is only used at origin and is not a release
document.
Under a FCR, Maersk Logistics is only responsible for the goods while they are
in our custody. If goods are lost or damaged during transit, the client must file
claim against the ocean carrier under the B/L (or SWB).
FCR – Differences between FCR and HBL
The HBL is issued by Maersk Logistics when we act as NVOCC.
As NVOCC we act as agents of DSL Star Express and take on the
responsibilities and liabilities as a principal carrier. Even when sub-contracting
the ocean carriage to an ocean carrier such as Maersk Sealand, we have the
responsibility and liability of a carrier under the HBL.
When we issue FCRs, we act as agents for the consignee but do not take on
the responsibility and liability for the carriage of the goods. Maersk Logistics is
only responsible and liable for the goods while they are in our custody.
The HBL is a document of title and can be endorsed. The FCR is not.
The HBL evidences a contract of carriage between the NVOCC and the
customer. The FCR does not evidence a contract of carriage.
A duly endorsed HBL must be presented to the NVOCC (Maersk Logistics) at
destination to obtain release of the goods. The FCR does not have this
function. The FCR is not a release document.
When cargo is moving under a HBL, the shipper or the consignee will agree
freight rates with the NVOCC (Maersk Logistics). When a FCR is issued, the
customer will have agreed freight rates directly with the ocean carrier and the
goods will move under a B/L or SWB.
Under a FCR, Maersk Logistics is only responsible for the goods while they are
in our custody. If goods are lost or damaged during transit, the client must file
claim against the ocean carrier under the B/L (or SWB).
FCR – Differences between FCR and HSWB
The HSWB is issued by Maersk Logistics acting as NVOCC (agent for DSL Star
Express).
Neither the HSWB nor the FCR are documents of title. None of them can be
endorsed or consigned “to order”.
Version 1.1. June 2004 Page 48 © A.P.Møller – Mærsk A/S
TMW Basic Transport Documentation
The HSWB is evidence of contract of carriage with the NVOCC. The FCR is
not.
The NVOCC will release the goods at destination to a person who can identify
himself as a representative of the consignee stated in the HSWB. The FCR
does not have this function. The FCR is only used at origin and is not a release
document.
Under a FCR, Maersk Logistics is only responsible for the goods while they are
in our custody. If goods are lost or damaged during transit, the client must file
claim against the ocean carrier under the B/L (or SWB). 0 nhận xét
Đăng ký:
Bài đăng (Atom)