Detailed explanation of telex release bill of lading. What is the difference between it and sea waybill and general bill of lading?

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Telex release means that the shipper (consignor) returns the full set of original bills of lading issued by the carrier (or its agent) to the carrier (or its agent) after loading the goods on board the ship, and at the same time designates the consignee (in the case of non-bearer bills of lading); The carrier authorizes (usually by telex, telegram, etc.) its agent at the port of discharge to deliver the goods if the consignee does not issue the original bill of lading (recalled). What is the difference between telex release bill of lading, sea waybill and general bill of lading?

Telex release bill of lading detailed explanation

The goods arrive at the port of discharge earlier than the bill of lading

With the continuous progress and development of shipping technology, especially the popularity of container transport, the working efficiency of loading and unloading ports has been greatly improved, so it is very common for goods to arrive at the port of discharge before their documents.

This situation is more prominent in the nearsea transport, such as China to East Asia, Southeast Asia countries or regions of the export of goods, due to the short voyage and the bank review and processing of documents is relatively slow, it often appears that the arrival of goods and bills of lading lag.

In addition, in the case of ocean cargo, there may be accidents in the process of mailing original documents, such as delays in sending documents, sending documents in error, or delays in clarifying doubts about documents, documents arriving at the consignee later than the scheduled time.

In this case, if the consignee still insists on taking delivery of the goods with the original bill of lading, it may cause the goods to be jammed at the port of discharge, thereby causing the port of discharge to block, port charges and storage costs to increase significantly, resulting in an increase in the cost burden of the carrier or the consignee or consignor; It may also result in the loss of a good opportunity for the consignee to sell the goods.

2 Avoid the risk of document loss

According to the international Convention on the Carriage of goods, international trade practices and the laws of most countries, in the international transport of goods, as long as the carrier has issued the bill of lading, the consignee must take up the goods with the original bill of lading at the port of discharge (but according to the relevant laws of the United States, the consignee of the named bill of lading need not submit the original bill of lading when taking up the goods).

Therefore, no matter what method of settlement is adopted, the bill of lading must always be transferred from the shipper to the consignee. In the process of bill of lading circulation, there may be a risk of mail loss. With regard to the risk of shipping documents being lost in the post, the Bank is not liable in accordance with Article 35 of UCP600 and Article 14 of URC522.

Once the shipping document including the bill of lading is lost, the trader may make a request to the carrier for replacement of the bill of lading. In order to avoid the holder of the lost bill of lading to claim the goods, the carrier is very cautious about this, and put forward very strict requirements on the applicant.

Such as a statement in advance, or several times the total value of the goods in cash or bank promissory notes into the carrier's company account without interest, or by the bank to provide relevant guarantees, and the banks to provide guarantees often require traders to provide cash and other counter-guarantees.

In this way, not only traders have to occupy a lot of funds, transaction costs have risen sharply, and the time for the reissue of bills of lading is at least a few months, and more than 1 year.

Therefore, for the consignee or importer with better credit, in order to avoid the risk and increase costs caused by the loss of the document to the consignee or importer, sometimes the exporter takes the initiative to propose the delivery of the carrier by "telex release".

3 The forwarder's bill of lading cannot pick up the goods

With the opening of China's maritime market, the domestic international transport business and freight forwarding business competition is fierce, foreign freight forwarding companies in China (referred to as foreign freight forwarding or freight forwarding) began to issue their own freight forwarder bill of lading (HouseB/L), and formed a contract of transport relationship with the shipper.

At the same time, the foreign freight forwarder must find the actual carrier to carry the export goods, that is, the foreign freight forwarder acts as the shipper and is issued by the shipowner to it, or instructs the shipowner to issue the bill of lading according to the shipper (usually the importer) requested by the shipowner.

When the goods arrive at the port of discharge, the holder of the foreign forwarder's bill of lading shall exchange the owner's bill of lading with the forwarder's bill of lading or his agent at the port of discharge, and take delivery of the goods with the owner's bill of lading; Or first by the freight forwarder or its agent with the owner's bill of lading to pick up the goods, the freight forwarder bill of lading holder then with the freight forwarder or its agent to pick up the goods.

Thus, such a freight forwarder effectively has a dual identity: for the shipowner (the actual carrier), such a freight forwarder is equivalent to the shipper, who arranges the consignment of goods and enters into a contract of carriage with the actual carrier, obtaining the owner's bill of lading issued by the shipowner.

At the same time, for the owner, this freight forwarder is equivalent to the carrier and issues its own freight forwarder bill of lading to the owner. Only when the owner's Bill of Lading (MBL) and the freight forwarder's Bill of Lading (HBL) are connected, the entire cargo transportation can be successfully completed.

Although UCP600 recognizes freight forwarders' bills of lading, that is, freight forwarders as carriers can issue their own bills of lading. However, in practice, not all countries or regions recognize and accept freight forwarder bills of lading, such as some countries in South America do not currently accept freight forwarder bills of lading.

If the port of discharge accepts only the owner's bill of lading but not the forwarder's bill of lading, the consignee may not be able to exchange the bill of lading at the port of discharge even if he has the original bill of lading. In this case, the consignee may request the release of the goods by "telex release". (Some countries do not accept telex release bill of lading, the original bill of lading must be required)

4 Error correction: Bill of lading operation error

In the trade practice, the operation error in the process of bill of lading circulation may also cause the consignee to hold the original bill of lading and not be able to pick up the goods.

For example, after the carrier has issued a ToOrder bill of lading, or a ToOrderofShipper bill of lading, and the traders have agreed to use the method of remittance or collection settlement, the shipper does not endorse the bill of lading properly when sending the shipping documents to the consignee for various reasons.

When the importer receives this original bill of lading, due to the lack of continuity in the endorsement of the bill of lading, it does not meet the basic requirements of the operating rules of the bill of lading, that is, the importer cannot prove that it is the legal holder of the bill of lading. In this case, the shipping company or its agent at the port of discharge will not release the goods to the holder of the bill of lading.

At this time, if the bill of lading is sent back to the shipper for additional endorsement, it may cause a delay in time. As a result, importers holding bills of lading without shipper endorsement usually require "telex release" of the goods in order to take delivery as soon as possible.

5Surrendered=TelexRelease?

A telex release bill of lading is usually displayed Surrendered or TelexRelease.

Therefore, the telex release bill of lading in English is SurrenderedBL or TelexReleaseBL, while originalBL is the original bill of lading.

According to the Oxford Dictionary of Modern Legal Terms, "Surrender" in legal terms means "to give up something." Therefore, the telex release bill of lading is marked "Surrendered", indicating that the issuer does not want to give the document the right document of title function.

The telex release bill of lading is marked with the words "TelexRelease", indicating that the delivery of the goods under the document is different from the original bill of lading.

The average person thinks "Surrendered" and "TelexRelease" are both the same, or doesn't know if there's a difference. Well, technically, there's a difference.

1) A telex released bill of lading with the words "Surrendered" indicates that the goods should be taken up by the consignee designated by the shipper at the port of destination.

2) A telex release bill of lading with the words "TelexRelease" indicates that the goods shall be taken up by the consignee at the port of destination on the basis of a telex release bill of lading fax.

Telex release bill of lading, sea waybill and general bill of lading difference

In the practice of maritime transport, we often encounter documents such as telex release bill of lading and sea waybill which are different from the general original bill of lading.

Telex release bill of lading is different from general bill of lading

Telex release of bills of lading means telex release of goods. The foreign carrier retains a full set of original bills of lading and notifies the agent at the port of destination, and the consignee can take delivery of the goods with the copy of the bill of lading stamped with the original official seal and the letter of guarantee. The telex release bill of lading usually has words such as TelexRelease and surrenderd. The "telex release bill of lading" with the word "Surrendered" is picked up by the consignee designated by the shipper at the port of destination, while the "telex release bill of lading" with the word "TelexRelease" is picked up by the consignee with the fax of the "telex release bill of lading".

In the case that the original bill of lading should be issued or has been issued, the freight forwarder shall apply to the shipping company according to the requirements of the shipper, and notify its agent at the port of destination by E-mail, fax, telegram, etc., under the premise of not issuing the original bill of lading or taking back all the original bills of lading that have been issued, and deliver the transported goods to the consignee indicated on the bill of lading.

The use of telex release of goods is not without a bill of lading. Only do not issue the original bill of lading (if it has been issued, it must be recovered in full), but issue a copy of the bill of lading.

When the shipper applies for telex release, it is usually required to issue a company guarantee. The contents of the guarantee usually include: shipper's name, ship's name and voyage, bill of lading number, sailing date and forwarder's unconditional exemption clause. When the carrier agrees to telex release, some issue a telex release letter, and some give a telex release number (like a password, Arabic numerals or English letters).

Sea waybill is different from general bill of lading

SEAWAYBILL is between original bill of lading and telex release bill of lading. It has the function of the original and enjoys the speed of telex release. A SEAWAYBILL is a non-negotiable document that proves that the contract of carriage by sea and the goods are taken over or loaded by the carrier, and that the carrier undertakes to deliver the goods to the consignee named in the document. It is not a document of title, so it is not transferable. The consignee does not take delivery of the goods but the delivery notice, so the sea waybill consignee should fill in the actual name and address of the consignee. At the same time, some shipping companies are charged for telex release, but there is no fee for applying for WAYBILL. The safest thing is to do the SEAWAYBILL once you receive the money. In recent years, the trade community in Europe, North America and some Far East/Middle East regions is also increasingly inclined to use non-negotiable sea waybills, mainly because it can facilitate the buyer even if the delivery of goods, simplify procedures and save costs. SEAWAYBILL is similar to the "TelexRelease" bill of lading, that is, the shipping company gives you a copy of the bill of lading (fax), with this fax to the foreign consignee can pick up the goods. SEAWAYBILL is usually a large customer signed by a shipping company to use SEAWAYBILL! From the side, the consignee is a VIP of the shipping company!

According to Article 80 of the Maritime Law of the People's Republic of China, if the carrier issues a document other than the bill of lading to prove the receipt of the goods to be shipped, the document is prima facie evidence of the conclusion of the contract of carriage of goods by sea and the carrier's acceptance of the goods listed in the document. Such documents issued by the carrier are not transferable. Thus, a sea waybill, like a bill of lading, can serve as a receipt for the goods and as proof of the contract of carriage, but it is not negotiable by endorsement and therefore the original sea waybill need not be presented to the carrier at the time of delivery. In addition, the sea waybill is not a document of title, nor a document of delivery of the goods, it can only be named, not signed "TOORDER". Sea waybills are applicable to: liner transport of machine-made finished goods that are not resold in the middle; Sale to a branch of a multinational company or sale to an associate or trade between related companies; Transactions on the basis of account loans; The settlement method is direct remittance, current account or cash trade; Other transactions that do not require a L/C.

SEAWAYBILL can be picked up with COPY, but the CONSIGNEE must be able to prove his identity as the consignee. The biggest difference between SEAWAYBILL and general B/L is that SEAWAYBILL recognizes people rather than orders. As long as you can prove that you are the CONSIGNEE, it is OK. The general original bill of lading is a real right security, as long as you have the bill of lading in hand, no matter whether it is the real CONSIGNEE or NOTIFY, you can get the goods. Seawaybills are usually VIP clients with long-term relationships.

Attached telex release bill of lading operation precautions

1. Operation of telex release of bills of lading under different circumstances

1. No bill of lading will be issued

1) The carrier transmits a copy of the owner's bill of lading to the forwarder;

2) The freight forwarder faxes a copy of the bill of lading to the shipper for confirmation;

3) After the shipper confirms, fill in the telex release application to the freight forwarder; Telex release applications often have this sentence: PleasekindlyreleasecargotoConsigneehere - belowwithoutpresentationoftheoriginalXXXBillofLading. On behalf of the Carrier 'sName or freight forwarders name (XXX) - in If you do not submit the original B/L of ××× company, please release this shipment to the consignee listed below)

4) The forwarder will send the telex release application to the carrier;

5) If the carrier agrees to telex release, the telex release letter or telex release number shall be sent by the forwarder to the shipper after loading the goods;

6) The shipper shall transmit the telex release letter or telex release number to the consignee, who shall take delivery of the goods at the carrier's agent at the port of destination with the telex release letter or telex release number and the copy of the bill of lading.

2. The owner of the bill of lading is released by electricity, and the forwarder issues the original bill of lading

In this case, the carrier shall transmit a copy of the bill of lading to the forwarder for confirmation, and the shipper shall fill in the name of the forwarder on the bill of lading, and the consignee shall fill in the agent of the forwarder at the port of destination; The forwarder shall apply for telex release after confirmation; If the carrier agrees, the telex release letter or telex release number shall be transmitted to the freight forwarder; Finally, the forwarder's agent at the port of destination picks up the goods from the carrier's agent at the port of destination.

On the other hand, the freight forwarding company issues the original freight forwarding bill of lading to the shipper, the shipper on the bill of lading fills in the name of the shipper, the consignee fills in the name of the destination port of the consignee, the destination port of the consignee with the original bill of lading at the port of destination, from the freight forwarding company agent hands to pick up the goods.

3, the shipowner issues the original bill of lading, and the freight forwarder releases the bill of lading by electricity

The operation is basically similar to the previous one, where the carrier signs the original bill of lading to the forwarder, the shipper on the bill of lading is the forwarder, the consignee is the agent of the forwarder at the port of destination, and the agent of the destination port of the forwarder takes delivery of the goods with the original bill of lading.

The freight forwarder and the shipper shall release the goods by electricity, and the consignee shall pick up the goods from the freight forwarder at the port of destination with the telex release letter or telex release number.

Second, the following conditions are not suitable for electric discharge operation

1. Terms of payment are L/C or collection

2. Order bill of Lading or blank bill of lading