Hou Bill of Lading - Introduction
When discussing Bills of Lading, we must distinguish between a carrier B/L (B/L) and a Hou B/L (HBL). Plea e parate chapter for carrier B/L.
connieIn 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.
Hou Bill of Lading - Issuing Party
The HBL is issued by a NVOCC (non-vesl 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 licend to issue HBL.
Hou Bill of Lading – Functions
Basically, a Hou 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 pasd 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 tho of the shipper.
finance yahoo comRemember that when the NVOCC delivers the goods to the ocean carrier for shipment, h
e 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.
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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.
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This means that the ller or the buyer will not be able to file a claim directly against the o
cean carrier for loss or damage to his goods, becau they are not party to the contract of carriage. The buyer or ller 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 ller or the buyer directly. The ocean carrier should regard the NVOCC as his customer. The NVOCC must keep his customer (the ller/buyer) informed.
Document of Title
持续改善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 endorments.
The NVOCC will only relea the goods at destination to a rightful holder of a duly endord original HBL.
The NVOCC will check the endorments 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 shoul
d check with the shipper, notify party and/or any other intermediate party.
To enable endorment (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 endord to another party (unless domestic law or market practice allows this).
The carrier B/L works the exact same way.
Hou Bill of Lading - Originals and Copies
bayonettaThe 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.
Hou Bill of Lading - NVOCC’s responsibility
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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
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2. Responsibility to relea 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
后会有期的意思1. Responsibility for correct description of the goods
Any third party buyer may purcha goods by relying on the description of the goods in the HBL (quantity, condition, etc.).
