Question:
Credit calls for "Ocean Bill of Lading"
but does not prohibit Charter Party Bill of Lading.
The 'Congenbill Ed. 1994' has provisions for reference to a C/P.
Does this constitute a discrepancy?
Thanks
Ocean vs. Charter Party B/L
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BryanBittner
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larryBacon
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Ocean vs. Charter Party B/L
Article 23 a vi precludes the use of charter party B/L where an ocean B/L is called for in the L/C. However, this does not prevent a "multi-purpose" B/L being used, so long as the use in this case is clearly as an ocean B/L & not a C/P B/L.
We have a similar situation where the same document can be used for multimodal or ocean B/L, so long as it is clear in which way it is used.
We have a similar situation where the same document can be used for multimodal or ocean B/L, so long as it is clear in which way it is used.
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PGauntlett
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Ocean vs. Charter Party B/L
Any reference to a charter party agreement on the b/l will, in my view, make it fall foul of Art 23a vi
Ocean vs. Charter Party B/L
"GENCON" CHARTER PARTY FOR GENERAL MERCHANDISE
"CONGENBILL" means a bill of lading issued based on the Uniform General Charter, approved by the Baltic and International Maritime Conference (BIMCO) since 15th September 1922. For easy reference in telex messages by the parties, such as the ship brokers which fix the charter parties, the code name "GENCON" is used. The GENCON C/P is the most popular charter party for general merchandise. The CONGENBILL BL is NOT a contract of carriage by itself. Therefore it needs to refer to the GENCON charter party as THE contract of carriage.
OTHER POPULAR CHARTER PARTIES
Other popular charter parties used in commodity trades are:
ASBATANKVOY C/P in hydrocarbons (such as oils)
BALTIME C/P for time charter
WELSH COAL C/P for coal
FORM C BALTIME BERTH GRAIN C/P for grains
C(ORE) MEDITERRAINEAN IRON ORE C/P for iron ore.
CHARTER PARTY B/L NOT ACCEPTABLE UNLESS OTHERWISE STATED IN DC
Because a C/P B/L is NOT a contract of carriage and it may contain a lot of special C/P terms and conditions that may be unfavourable to the shipper and/or consignee, it is not acceptable in DC operations under UCP 500 sub Article 23 (a) (vi), unless otherwise stated in the DC.
If the DC accepts a C/P B/L, examination is according to Article 25 of UCP 500.
The "however named" flexibility is not intended to include C/P B/L unless the DC stipulates otherwise.
Shipment of general merchandise under a C/P B/L is not recommended because a lot of benefits offered by the carrier are stripped off, such as the Liner Terms where the carrier will take care of loading and discharge arrangements and costs. For C/P B/L, FIO (Free in and Out) is polular where the shipper and/or consignee has to take care of loading and discharge arrangements and costs.
This is to meet the commodity market needs since the shipper and the consingee should be experts in the trade and should be able to perform loading and discharge speedily and at lower costs to earn the "despatch money", a bonus offered by the shipowners for speedy loading and discharge so that the time saved can generate more charter income for the shipowners.
To protect the interests of the applicants who may not be experts in loading and discharge, and there may be a lot of special C/P terms and conditions unfavourable to the shipper and/or consignee, Article 23 refuses a C/P B/L.
We are from http://www.tolee.com
[edited 8/29/02 9:47:54 PM]
"CONGENBILL" means a bill of lading issued based on the Uniform General Charter, approved by the Baltic and International Maritime Conference (BIMCO) since 15th September 1922. For easy reference in telex messages by the parties, such as the ship brokers which fix the charter parties, the code name "GENCON" is used. The GENCON C/P is the most popular charter party for general merchandise. The CONGENBILL BL is NOT a contract of carriage by itself. Therefore it needs to refer to the GENCON charter party as THE contract of carriage.
OTHER POPULAR CHARTER PARTIES
Other popular charter parties used in commodity trades are:
ASBATANKVOY C/P in hydrocarbons (such as oils)
BALTIME C/P for time charter
WELSH COAL C/P for coal
FORM C BALTIME BERTH GRAIN C/P for grains
C(ORE) MEDITERRAINEAN IRON ORE C/P for iron ore.
CHARTER PARTY B/L NOT ACCEPTABLE UNLESS OTHERWISE STATED IN DC
Because a C/P B/L is NOT a contract of carriage and it may contain a lot of special C/P terms and conditions that may be unfavourable to the shipper and/or consignee, it is not acceptable in DC operations under UCP 500 sub Article 23 (a) (vi), unless otherwise stated in the DC.
If the DC accepts a C/P B/L, examination is according to Article 25 of UCP 500.
The "however named" flexibility is not intended to include C/P B/L unless the DC stipulates otherwise.
Shipment of general merchandise under a C/P B/L is not recommended because a lot of benefits offered by the carrier are stripped off, such as the Liner Terms where the carrier will take care of loading and discharge arrangements and costs. For C/P B/L, FIO (Free in and Out) is polular where the shipper and/or consignee has to take care of loading and discharge arrangements and costs.
This is to meet the commodity market needs since the shipper and the consingee should be experts in the trade and should be able to perform loading and discharge speedily and at lower costs to earn the "despatch money", a bonus offered by the shipowners for speedy loading and discharge so that the time saved can generate more charter income for the shipowners.
To protect the interests of the applicants who may not be experts in loading and discharge, and there may be a lot of special C/P terms and conditions unfavourable to the shipper and/or consignee, Article 23 refuses a C/P B/L.
We are from http://www.tolee.com
[edited 8/29/02 9:47:54 PM]