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legaleagle www.bifa.org Mis-release of loads by transport operators and ocean carriers The TT Club has recently seen an increase in claims against transport operator members for release of cargo without presentation of the transport operator bill of lading. We are printing the following guidance from the TT Club on this matter. As readers will well know, international shipments move under bills of lading issued both by transport operators and ocean carriers. These bills of lading are frequently independent of each other, and in many cases the ocean carrier releases the cargo to the consignee under its bill of lading in circumstances where the transport operator bill of lading has not been presented. This can expose the transport operator to claims from cargo interests for the full cargo value if the shipper has not been paid by the consignee. A further complicating factor is that straight non-negotiable bills of lading and waybills do not need to be submitted to the carrier or terminal in order for the consignee to take delivery. Ocean carriers do not have a contract with the transport operator’s ‘shipper’, so they have no way of knowing or establishing easily if the shipper has been paid by the consignee, or if the transport operator bill of lading has been submitted prior to the shipment being released. To avoid these claims, it is imperative that proper procedures are in place to prevent one party from releasing the cargo when the other party has not received the bill of lading. We offer guidance below to transport operators to prevent mis-release of shipments by ocean carriers and terminal operators. Transport operators: ● Must not use the same bill of lading number as the ocean carrier; ● Must receive the negotiable bill of lading between the transport operator and the shipper, or consignee, and payment of ocean freight prior to releasing the negotiable bill of lading between the transport operator and the ocean carrier; ● Should instruct the ocean carrier in writing not to release the shipment to the consignee until the transport operator authorises it to release the cargo. Further, this should be done on all shipments that have arrived at the discharge port; ● Must not present ocean carriers’ negotiable bills of lading until they have received their negotiable bill of lading and ocean freight. Ocean carriers: ● Must obtain the transport operator negotiable bill of lading, payment of ocean freight, and ensure the cargo is released by customs prior to instructing the terminal operator to release the cargo to the consignee; ● Must never assume that just because the consignee is ready to take delivery of the cargo at the discharge port, that all negotiable bills of lading have been presented, that ocean freight has been paid and received, and that the shipper has been paid. ■ BIFA is grateful to the TT Club for permission to reproduce this article which was originally published in TT News 14 November 2010
www.bifa.org tradeservices New members and applications from 27.07.10 to 06.10.10 Name Formed Based in Directors G Wizz Courier Services Ltd August 2010 Newcastle upon Tyne Ashley Kai Po Laidler Andrew Laidler SCH Logistics Ltd February 2009 Felixstowe Steven C Harrold Wilder Logistics Ltd August 2003 Hounslow Thomas McFetridge Edmund Joseph Fitzpatrick PBS International Freight Ltd March 1996 Crawley Gary Costello R Bailey Wia Costello Farrari Express Ltd July 2010 Colnbrook Neal Garratt Stephen Grief Marco Deiana Christian Delcampo Advance Baggage Ltd February 2009 Horley Rohan Ranaweera Volga-Dnepr UK Ltd August 1999 Stansted Airport A Isaikin S Shklyanik V Gabriel T Arslanova D Gliznoutsa G & M Aerospace Services Ltd May 2010 Gravesend Robert Standerton Gamble Tony Ma Tiger International Express UK Ltd May 2007 Slough Tarun Sehgal KC Freight Ltd May 2010 Chelmsford Kamila Wawrzeea- Chodkiewicz Marcin Kawulski Seaway Logistics Ltd August 2010 Hull Michael David Straw Reefer 90’s February 1990 Sudbury Gary Milsom Elsa Bowen Andrew Bremner BILL Ltd January 1988 Halesowen W D Jones Auto Kenya October 2007 Watford Bhupesh Khatri Active Freight Management Ltd April 2005 Egham Hok Ee Wong Sea Scope Consultants Ltd November 1987 Matfield Kent Colin Donaghue Barbara Ann Donaghue NIC International Ltd July 2004 Colnbrook John Irwin Iain Andre Jenkins Shipping Co Ltd September 1982 Belfast Paul O’Hare Catherine O’Hare John Donnelly Edmund Irvine Alan Dowd Richard Meehan November 2010 15
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