Home Uncategorized WHERE CORRECTIONS ON A BILL OF LADING ARE AUTHENTICATED BY A SEPARATE STATEMENT

WHERE CORRECTIONS ON A BILL OF LADING ARE AUTHENTICATED BY A SEPARATE STATEMENT

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QUESTION

We presented documents under 6 separate Ls/C. It was a commingled shipment all on the same vessel. Each BL mentioned the usual commingling clause “This shipment was loaded aboard the vessel as part of one original lot of 4000.153 kilos with no segregation…”

The discrepancy (for one LC and then for all) was that the total mentioned in the commingling clause was less than the BL quantity. The commingling clause obviously should have said 4000.153 mts (not kilos).

Time prevented the correction of each BL. But what we presented was a statement issued/signed by the Master’s agent (same agent who signed each BL) acknowledging that the commingling statement was incorrect and stating that the 4000.153 kilos on the BL was corrected to 4000.153 mts. The bank rejected the agent’s statement saying the correction needed to be on the BL and not by separate document. I don’t agree. I think the agents statement, especially signed in the same way as the Bs/L, is a clear correction and authentication of the correction.

Would appreciate your comments.

Thanks

John

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ANSWER

Hi,

According to ISBP paragraph E24, any correction of data on a bill of lading is to be authenticated. Such authentication is to appear to have been made by the carrier, master (captain) or any one of their named agents, who may be different from the agent that may have issued or signed a bill of lading, provided they are identified as an agent of the carrier or the master (captain).

It is agreed that the carrier, the master or any one of their agents had better make any necessary correction on the face of each original bills of lading. However, if it is impossible for some reason, the carrier, the master or any one of their agents may issue a separate document of correction to the shipper or to any interested party. Please note that this correction document (statement) should include the bill of lading numbers or state that this document is an attachment to Bills of Lading No.xxx; No. xxx; No. xxx… or words of similar effect.

Kind regards,

N.H. Duc

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P/s: The Q&A is from DCPro Discussion Forum of  Feb 27, 2014

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3 Comments

  1. […] WHERE CORRECTIONS ON A BILL OF LADING ARE AUTHENTICATED BY A SEPARATE STATEMENT. […]

    Reply

  2. dodo

    September 21, 2016 at 9:41 pm

    Dear Mr Old Man,
    Refer to the authenticated on bill of lading, please kindly help to clarify, for example: original bill of lading shows : AN BINH CO, LTD AS AGENT FOR THE CARRIER -MSC LINE. if the bill of lading has a correction, which following cases are complied:
    1. The correction bearing a stamp and signature of AN BINH CO, LTD
    2. The correction bearing a stamp and signature of AN BINH CO, LTD , declaring AN BINH CO, LTD. as agent for the carrier.
    3. The correction bearing a stamp and signature of LUCKY CO LTD , declaring LUCKY CO LTD as agent for the carrier.

    .
    Thank you so much and best regards

    Reply

    • mroldman

      September 22, 2016 at 4:22 pm

      Hi,

      Below is what ICC Opinion R344 says”

      “An authentication to an alteration on a bill of lading may be made by any agent of the carrier/master without limitation as to whether that party signed the bill of lading and/or authenticated any other alteration within that document.”

      So, 1, 2 or 3 is acceptable.

      Kind regards,
      Mr. Old Man

      Reply

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