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BILL OF LADING SUBJECT TO CHARTER PARTY NOT ACCEPTABLE

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QUESTION

Can you please explain me meaning of below:

Bill of  Lading indicating that it is subject to charter party is not acceptable.

Sam

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ANSWER

Hi,

The Bill of Lading  that contains an indication “issued pursuant to charter party dated…”,  “freight payable as per charter party” or  “issued subject to charter party” or  bears a title “Charter Party Bill of lading”…  is deemed to be Charter Party Bill of Lading (CPBL).

Where the L/C states “CPBL is not acceptable”,  the bill of lading that contains such indication is not acceptable.

CPBL is an agreement between the charterer and the ship  owner.  In case of any dispute with the charterer, the ship owner would have the right to lay claim to the goods shipped on board the ship. For this reason, banks would refuse to accept L/C that requires or allows the presentation of CPBL.

Kind regards,

Mr. Old Man

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3 Comments

  1. Muzammil Hayath

    August 14, 2017 at 7:54 pm

    Dear Members,

    This is Muzammil hayath from Dubai……
    i really need to understand below paragraph..
    Kindly assist me ,if someone has any case study relating to below para..

    Thanking you in advance…

    E23) Indication of name and address of delivery agent at port of discharge

    When a credit requires a bill of lading to indicate the name, address and contact details of a delivery agent or words of similar effect, at or for the port of discharge, the address need not be one that is located at the port of discharge or within the same country as that of the port of discharge.

    Reply

    • Muzammil Hayath

      August 14, 2017 at 7:55 pm

      Hi my another email id is muzzuhayath@gmail.com

      Reply

    • mroldman

      August 17, 2017 at 12:11 pm

      Hi,

      I would like to give 2 examples to clarify paragraph E23 as follows:

      Ex 1:

      L/C requires:
      – Port of Discharge: Ho Chi Minh City Port, Vietnam
      – Bill of lading must indicate the name, address and contact details of delivery agent at the port of discharge.
      The presented bill of lading indicates the delivery agent as XYZ Forwarder, Address: 199 Mu 12, Vibhavadirangsit Rd., Chom Phon, Chatuchak, Bangkok 10900, Thailand.

      It is acceptable as per ISBP 745 paragraph E23?

      Ex 2:

      – Port of Discharge: Ho Chi Minh City Port, Vietnam
      – Bill of lading must indicate delivery agent at the port of discharge as ABC Forwarder, 1234 Yersin Street, Ho Chi Minh City, Vietnam
      The presented bill of lading indicates the delivery agent as XYZ Forwarder, Address: 199 Mu 12, Vibhavadirangsit Rd., Chom Phon, Chatuchak, Bangkok 10900, Thailand.

      It is NOT acceptable as per ISBP 745 paragraph E23. The name and the address of the delivery agent must be the same as L/C requirement.

      Kind regards,
      Mr. Old Man

      Reply

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