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Ocean Bills of Lading
1. Whether indicate carrier name and identified as
carrier. If “abc Co.” is carrier, it cannot be only indicated without any
identification, namely “abc Co.” only shown in bills of lading is not enough,
although it is the carrier’s name and indicated in the bills of lading. The acceptable way should be “abc Co. as carrier” or
“carrier: abc Co.” or the like.
2. Whether indicate signer’s capacity, that is, as
carrier, as master, or as their agents.
3. Whether shipper is complying. However, if there
is no specific requirement regarding shipper in the credit, the shipper may
be a party other than the beneficiary.
4. Whether consignee is complying. If the credit
requires consignee as “to order”, showing “to order of shipper” is
acceptable and vice versa. If the credit requires bills of lading to be
issued as “to order of issuing bank”, the bills of lading presented may show
consignee as “to order of another party” who then endorses the respective
B/L to the issuing bank. If the credit requires
consignee as a specific person with full address, the address of consignee
indicated in the bills of lading presented should be same as that of the
credit.
5. Whether notify party is complying. If there is no
requirement with regard to notify party in the credit, notify party may be
left blank. Additional notify party to the required party in the bills of
lading presented may be acceptable.(According to “no conflict” rule and
Automation Source Corporation v. Korea Exchange Bank 670 N.Y.S. 2d 847, 1998
N.Y. App. Div. LEXIS 3501 (N.Y. App. Div. 1998))
6. Whether port of loading and port of discharge are
complying. While the named port of loading, as required by the credit,
should appear in the port of loading field within the bill of lading, it may
instead be stated in the field headed “Place of receipt” or the like, if it
is clear that the goods were transported from that place of receipt by
vessel, and provided there is an on board notation evidencing that
the goods were loaded on that vessel at the port stated under “Place of
receipt” or like term. While the named port of discharge, as required by the
credit, should appear in the port of discharge field within the bill of
lading, it may be stated in the field headed “Place of final destination” or
the like if it is clear that the goods were to be transported to that place
of final destination by vessel, and provided there is a notation
evidencing that the port of discharge is that stated under “Place of final
destination” or like term.
7. When the field of “Pre-carriage by” shows a
vessel name other than the vessel name indicated in the field of “Ocean
Vessel”, the bills of lading presented should bear an on board notation
indicating port of lading, on board vessel name and on board date.
8. According to UCP600, if the field “port of
loading” in the bills of lading presented indicated clearly the port of
loading stipulated in the credit, even if the place of receipt indicates a
place other than that port, the on board notation need not include the port
of loading stipulated in the credit and the name of the vessel on which the
goods have been loaded. (It is different from UCP500).
9. When the bills of lading contain indication of
“intended vessel”, “vessel to be nominated” “vessel to be named” or “by
additional vessel” or the similar, an on board notation indicating the date
of shipment and the name of the actual vessel is required. “Substitute
vessel” is not deemed as “intended vessel”.
10. Whether the bills of lading presented are clean.
The following clauses may cause bills of lading unclean and be not
acceptable:
*CONTENT LEAKING
*PACKAGING SOILED BY CONTENTS
*PACKAGING BROKEN/HOLED/TORN/DAMAGED
*PACKAGING CONTAMINATED
*GOODS DAMAGED/SCRATCHED
*GOODS CHAFED/TORN/DEFORMED
*PACKAGING BADLY DENTED
*PACKAGING DAMAGED--CONTENTS EXPOSED
*INSUFFICIENT PACKAGING
*PACKAGING IS NOT SUFFICIENT FOR THE SEA JOURNEY
*RUSTY IRON/BLOOD-SOAKED WRAPPINGS.
11. Whether indicate number of originals.
12. Whether goods description, measurement, packages
do not conflict with those indicated in other documents.
13. Whether properly endorsed.
14. Whether indicate proper freight clause.
15. Whether bear corrections. If any, should be
properly authenticated.
16. Whether indicate “on deck”, “will be on deck” or
the similar. If any, it is unacceptable.
17. If short form/blank back bills of lading are
presented, whether they indicate the sourcing of the carriage terms and
conditions. (eg. This bill of lading is subject to our terms and conditions
of carriage which are available for inspection at our counters upon request.)
Air Waybills
1. Same as the first one listed in the Checklist for
Ocean Bills of Lading.
2. Same as the second one listed in the Checklist
for Ocean Bills of Lading.
3. Same as the third one listed in the Checklist for
Ocean Bills of Lading.
4. Whether consignee is complying. Consignee should not be made out “to order” or “to
order of a party”, as air waybills are not documents of title. Even
if the credit so requires, e.g. requires to be made out “to order of issuing
bank”, the consignee in the waybills presented may be the issuing bank.
5. Whether the air waybill presented indicates it is
the copy for shipper/consignor. If not, it is unacceptable.
6. Whether indicate issuing
date. (In UCP500, there is no such requirement)
7. Whether indicate “goods have been accepted for
carriage” or the similar.
8. Whether airport of departure and airport of
destination are complying. The identification of airports by the use of IATA
codes instead of writing out the name in full is not a discrepancy.
9. Whether it is clean.
10. Same as the 12th listed in the Checklist for
Ocean Bills of Lading.
11. Same as the 14th listed in the Checklist for
Ocean Bills of Lading.
12. Same as the 15th listed in the Checklist for
Ocean Bills of Lading.
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