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  SWQ_85
5
.5.2008
Pre-printed wording on Charter Party Bills of Lading
  Question: Name: bk chin

(a) pre-printed wording extracted from “congenbill edition 1994”

Shipped at the port of loading in apparent good order and condition on board the vessel for carriage to the port of discharge or so near thereto as she may safely get the goods discharged as specified above. In witness whereof the master or agents of the said vessel has signed the number of bill of lading indicated below of all of this tenor and date, any one of which being accomplished the others shall be void

(b) pre-printed wording extracted from one of tanker bill of lading

Shipped in apparent good order and conditions by the shipper named in front at the port of loading a quantity said to be stipulated in front the quantity, measurement, weight, gauge, quality, nature, value and condition of the cargo unknown to the vessel and the master to be delivered at the port of discharge or so near thereto the vessel can safely get always afloat. In witness whereof, the master has signed bill of lading of this tenor and date one of which being accomplished the others will be void

Query:

Do both versions of the above pre-printed wording satisfy the requirement of UCP600 article 22a ii “indicate that the goods have been shipped on board a named vessel at the port of loading stated in the credit by pre-printed wording

Personal opinion:

Case (a) valid

Case (b) in doubt

If case (b) fulfils the requirement of article 22aii, that would mean that the document checkers job is only to find the word “shipped” from the pre-printed wording.

 

 
  Answer (from T.O. Lee) We have to know three facts about chartering:
  1. Most charter party bills of lading (CPBL) are designed and/or approved by BIMCO, including the most popular CPBL code named "CONGENBILL".
     
  2. If a CPBL has been issued, the goods must be shipped on board.

    Otherwise the master will be fired by the shipowners. Otherwise the cargo owner who has got a CPBL marked SOB whereas the cargo is still ashore can claim the cargo from the shipowners using the CPBL as an evidence of receipt. Therefore the master should not be so stupid to issue a CPBL before the goods are SOB.
     
  3. It follows that most CPBL are pre-printed shipped on board to save the trouble of adding a SOB stamp afterwards.

Please note the clause provided by the enquirer below, where I have marked the words underlined in brown fonts... "SHIPPED....ON BOARD..."

If the cargo is not yet SOB, the CPBL should read "Received for shipment... ”other than "Shipped......".

These workings are designed and approved by BIMCO experts with experience in maritime chartering as well as in commodity trade. So you cannot pick any bone out of these BIMCO eggs.

Best regards,

T. O.