The bill of lading is an important document of property rights, and once it is lost, the consequences will be disastrous. The impact of the loss of the bill of lading, and how to deal with it after it is lost?
What is the impact of the loss of the original bill of lading? The interests of the three parties may be damaged:
Once the original bill of lading is lost, it will directly affect the flow of goods, payment for goods, and containers, increase the cost of maritime cargo transportation, and damage the interests of related parties.
The specific impact of the loss of the bill of lading on the consignee, shipper and carrier is reflected in:
①Consignee: unable to pick up the goods
According to my country’s legal provisions, judicial practices and maritime practices, if the parties to the transportation have not specifically agreed, even if the consignee under the registered bill of lading clearly proves the identity of the consignee, the carrier still has the right to refuse Delivery of the goods in the case of the original bill of lading. In this way, the loss of the bill of lading will directly affect the consignee’s eligibility and time for delivery.
In addition, many costs incurred due to delayed delivery due to the loss of the original bill of lading still exist, such as port and/or ship costs such as warehouse yard usage fees, container overdue usage fees, etc., which the consignee still needs to pay. In addition, if the delay in picking up the goods results in a missed opportunity to sell the goods, the consignee will suffer even more losses.
② Shipper: unable to recover the payment
Generally speaking, the original bill of lading is an important document used by the shipper to prove that the goods have been shipped out and require the consignee or negotiating bank to pay for the goods. Once lost, the shipper will face the risk of losing control of the goods and unable to recover the payment. It may even have to bear the port of destination costs due to the inability to pick up the goods in time.
③Carrier: Face the risk of unmanned delivery
There is a perception in the maritime industry that after the carrier issues the bill of lading and delivers it to the shipper, the loss of the bill of lading has nothing to do with the carrier. When the consignee and/or shipper fails to provide a guarantee that meets the requirements of the carrier and is sufficient to resist or eliminate the risk of releasing the goods without a bill of lading or reissuing the bill of lading, the carrier will adhere to the rule of delivery against the original bill of lading and refuse Deliver the goods. If no one picks up the goods at the port of destination as a result, the carrier can still claim compensation from the shipper and/or consignee for the related costs and losses.