DOCUMENT Bill of Lading / Sea Waybill (B/L)
RULES Brussels 1924, Hague 1968, Hambourg 1992
ASSOCIATES Sea liners, NVOCC (Non Vessel Operating Carriers)
LIMITATIONS ON CLAIM / EXCLUSION FROM LIABILITY Force majeure / Act of God, Fault by Loader / Navigation mistake / ship not seaworthy, Inherent vice, War / Strikes / Attempt to save lives or goods, Insufficient packaging, Public authorities; 2 XDR / KG - 666.67 XDR / Package (Hague – Visby)
PRICING ‘20 (31m³ / 10 -11 PAL / 13 T for a ‘20) / ’40 (high, dry….1204 * 234 * 225) (list of containers); 1 Ton = 1m³ (1m³ = 1000 Kg) (Length * Width * Height in cm ) / 1000
WHERE IS THE WEIGHT BREAK ?
ADJUSTMENT FACTORS Extra charges under acronyms, make sure to ask why you are paying for these, THC (Terminal Handling Charges), BAF (Bunker Adjustment Fee), PSS (Peak Season Surcharge), CAF (Currency Adjustment Fee) (see list)
GENERAL AVERAGE In case of carriage loss, losses are mutualised between all; Remember to take an average guarantee/insurance
The Bill of Lading (B/L) or Sea Waybill (SWB)
Master / House
SWB (B/L) are always issued in several copies depending on the involved party.
- Between the shipping company and the forwarding agent
- a Master copy is issued, this copy includes pricing and charges information, and any other information to be communicated between these two parties
- Between the forwarding agent and the shipper/consignee/notify
- a House copy is issued, this copy does not include freight charges/costs but includes all information concerning the product and shipment (loading port, destination, dates, sailing on...)
- Freight prepaid is mentioned on the shipping document when freight has already been paid for - Please note that whether freight has been factually paid or not this ensures that merchandise may be released to consignee once arrived (after having cleared for customs of course).
- Freight collect is mentioned when shipment is made but haulier/transporter is not to release merchandise before collection of payment.
Modes | OCEANFREIGHT | |
Distinctive features | ||
Rules | Brussels
Convention (1924) The Hague Rules (1968) |
The Hamburg Rules (1978-1992) |
Documents | B/L - Bill of Lading | |
Emitted by (# of copies) | Sealiner or agent (4 copies) | |
Transport associates | 👤
Grouping agent / consolidator 👤 Commissioner �� ↘ free to choose carrier �� ↘ NVOCC - Non Vessel Operators Common Carrier ������� agent who proposes scheduled lines for grouping TC 👤Harbour forwarder (mandataire) 👤 Husbanding agent / Shipping agent (Agent maritime) |
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Brokerage | From sealine to freight forwarder - usually 2.5% of freight basis | |
Means of conveyance | □
bulk vessel (vraquier)�� □
container ship�� □� RO-RO □ barge carrier�� □ ...�� |
|
Combined Transport | ⮔
Road / Sea => ferry boat / Roll-On Roll-Off ⮔ River / Sea => barge carrier FOFO / LILO (First On First Off / Last In Last Out) ⮔ Rail / Sea => wagon carrier |
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Carrier inspection: rights and mandatory | *
None. 1966 Maritime law = carrier haulage * Amount, markings, n# of parcels = merchant haulage |
|
Haulier's
field of responsibility Loss and damages |
Presumption of responsibility unless markings / reservations made on B/L (example "foul" written on B/L) | Presumption of responsibility, fault, negligence |
Haulier's responsibility:� delays | only if agreed on B/L | 2.5 x merchandise freight without being more than total freight |
Limitations
on claims and actions Exclusion from liability |
🌪
ship not seaworthy 🌪 hidden defects 🌪 nautical mistake 🌪 force majeure 🌪 attempt to save lives or goods 🌪 ullage loss in weight 🌪 defective packaging / marking 🌪 inherent vice 🌪 strikes / lock-out |
Proof damage could not have been avoided |
Will load if - in good shape (clean) | If "clean" of any reservations | |
Limited
indemnity �� ↘ as determined by transport regulations �� ↘ limited by the weight of the goods |
2 XDR /
Kg 666.67 XDR / package highest possible claim |
2.5 XDR / Kg 835 XDR / package highest possible claim |
Reservations
made against last operator Unnoticeable damage �- precise,� - dated, - to be confirmed |
Acknowledgement
letter - 3 calendar days Damage commissioner (surveyor / claim / protest) |
Acknowledgment letter - 14 calendar days Damage commissioner |
Extent of coverage | Declaration
of value Inexcusable fault of transporter Fraud or deceit (Fr. "Dol") |
|
Insurance duration | Up to 60 days after unloading of ship | |
Capacity | Loading
time for 20' - approx. 2 hours (free time allotment) �� ↘ 594/234/225cm����� for 18 Tons�� - volume 31 m3 (11 EUR pallets) Loading time for 40' - approx. 3 hours (free time allotment) �� ↘ 1204/234/225cm��� for 27 Tons�� - volume 62 m3 (24 EUR pallets) �□ dry�� □� refrigerated�� □� insulated�� □� tank�� □ flat�� □ open top �□ ... $$$ Delay in loading => demurrage (surestaries) |
|
Loading | Handling
company �� ↘ on behalf of loader or company �👤 shipplaner �□ strow plan |
|
Transit time | Long | |
Availability | Low | |
Competition | Low | |
Loss averages | Moderate | |
Delay | High | |
Advantages | →
advantageous freight rate → cheapest shipping method (long haul) |
|
Traffic | Big
loads Low value, suitable for inter-continental transport |
|
Pricing rules | Rings
(conf�rences maritimes) apart from "outsiders" Conventional (depending on merchandise) �� ↘ PU Paying unit at carrier's advantage �� ↘ Minimum �� ↘ Per Unit (single entity) �� ↘ ad valorem Containers �� ↘ Box rate Ro-Ro �� ↘ Linear meters Also - other variable adjustments/charges (fuel = BAF, IFP, currency = CAF,...) Other permanent charges (harbour due - congestion, extra long loads, weight...) |
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Weight to volume relationship | 1
ton = 1 m3 (1 m3 = 1000Kg) Chargeable weight |
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