The loss of the bill of lading is different in different situations, but this is another story. After the bill of lading is lost, the following measures should be taken to reduce the possibility of risk.
1. Inform relevant shipping companies and their agents in time. In this case, the shipping company and its freight forwarder have the obligation of caution. They can't release the goods just because the holder of the bill of lading holds the original bill of lading, but should ask the consignee to provide sufficient evidence to prove that he obtained the bill of lading in good faith. For example, is endorsement continuous? Does it meet the requirements? Did you pay a reasonable consideration? The carrier can also deposit the goods under the bill of lading through legal procedures and be exempted from the responsibility for the goods.
2. Apply to the court for publicity in time. First, it can ensure that the rights and interests under the bill of lading are not infringed; Second, it can solve the problem of long-term stagnation of deposits. Because once the court decides to accept the publicity, the transfer of bill rights during this period is invalid. The legal cost of the publicity procedure is low, and the lawyer's fee is also low. After the expiration of the notice (generally 60 days), you can apply to the court for ex officio judgment.
3. Generally speaking, the loss of documents should not affect the port pressure, because the consignee has the obligation to receive the goods and cannot refuse to unload the goods accordingly; Similarly, the carrier cannot refuse to deliver the goods on the grounds that the consignee has no original bill of lading, although the carrier has the right to refuse to deliver the goods.
4. What kind of responsibility should the postal courier company bear, and the current regulations give it almost exemption treatment; Whether it is possible to pass on the loss by insuring postal express risk insurance, it seems that the insurance company has not yet carried out this insurance.
As long as the wording of the letter of guarantee issued by the bank is specific and comprehensive, there is generally no risk. When it comes to large amount of letter of guarantee, it is best to ask the legal adviser to check it, because there are indeed many precedents in which bank letters of guarantee are invalid in practice.
6. If the shipper loses the bill of lading after the settlement of foreign exchange and the ownership of the goods has been transferred to the bona fide holder of the bill of lading, it is generally unnecessary to reissue the bill of lading. The carrier's obligation is to deliver the goods to the bona fide holder of the bill of lading. According to different situations should also be treated differently:
Under the straight bill of lading: the carrier can deliver the goods to the consignee of the straight bill of lading after receiving the company guarantee of the consignee and the written guarantee that the consignor agrees to deliver the goods to the consignee.
Instructions under the bill of lading: If the agent at the port of discharge receives the consignee's request that the goods cannot be picked up due to the loss of the bill of lading, he should ask the consignee to show the original/duplicate bill of lading, commercial invoice, commercial contract and packing list and other documents issued by the original carrier to check whether the consignee is the consignee. At the same time, the agent at the port of discharge should ask the consignee to provide the standard letter of guarantee issued by the first-class bank, and at the same time, the agent at the port of discharge should ask the agent at the port of loading to contact the consignor on the bill of lading to obtain the written guarantee that the consignor agrees to deliver the goods to the consignee in this case.
Under Bearer Bill of Lading: See Instruction Bill of Lading for details. If the consignee returns a full set of original bills of lading, the letter of guarantee can be returned to the consignee. If the consignee cannot return the full set of original bills of lading, the letter of guarantee will be kept indefinitely in principle. If the consignee requests to return the goods, the agent at the port of discharge shall keep a minimum period according to the laws of the host country. The domestic port plan needs to be retained for 6 years. After the bill of lading is lost, contact the shipping company immediately to control the goods anyway. Only in this way can the loss be reduced, and at the same time, the rights and interests of the consignee and consignor will not be harmed.
The loss of freight documents in express transportation often leads to the consignee unable to pick up the goods at the destination port with the original bill of lading. In practice, the consignee usually picks up the goods with a copy of the bill of lading. Either the carrier signs a new set of bills of lading for the supplier to pick up the goods and settle the foreign exchange, or the exporter authorizes the carrier to discharge electricity; But in the above three cases, the carrier usually requires the cargo side to provide reliable guarantee.
At present, shipping companies often require exporters to provide guarantees together with their bank, and the guarantee time varies from one year, three years and six years. When a bank issues a letter of guarantee, the exporter is generally required to pay a deposit. If the amount is huge, it will put huge funds on hold for three to six years, which will put great pressure on exporters. If the bill of lading is obtained by a bona fide third party, the exporter will face the end of both money and goods.