The latest edition of this bill of lading is CONLINEBILL 2016.
At first glance, the face of the revised Liner Bill of Lading is strikingly different in appearance to its predecessor. A modern, easy to read box-layout format has been introduced, consistent with the overall document design used by BIMCO for the majority of its other standard forms. The “Shipped on board” box and the signature box now lie on the left-hand side of the form.
An important amendment to the form is that a new box has been incorporated where the carrier acknowledges receipt of the total number of containers, packages or units received. This should make it clear that in the event of containerised cargo being shipped, the carrier only acknowledges receipt of the actual number of containers received and not the actual contents.
On the right-hand side of the form a box stating the date the goods are shipped on board appears next to the “Place and date of issue” box. The purpose of the “Date shipped on board” box is to accommodate situations where the issuing of the bill of lading takes place at a date later than the date of completion of loading the cargo. Previously, the date of shipment on board had to be inserted manually when different from the date of issuing the bill of lading.
Additionally, in order to avoid compromising the package limitation provisions of the US COGSA when trading to the United States, a box named “Shipper’s declared value” has been incorporated. (see also “Additional Clause” below).
The signature box has undergone a significant amendment to ensure that the requirements of Article 23 of the ICC Uniform Customs and Practice for Documentary Credits (UCP 500) are met: Above the signature box the carrier’s name and principle place of business must be stated. The Bill of Lading must be signed or otherwise authenticated by:
The signature box used in CONLINEBILL 2000 complies with the above UCP 500 requirements and should help eliminate many of the problems that banks have with accepting bills of lading.
Because the extent of the carrier’s liability is dependent upon the way in which Page 1 is filled in, it is essential that the “Port of loading/discharge” and “Pre-/On-carriage” boxes are filled in with great care, since their content will determine the scope of the contract.
New sub-clause 3(b) deals with the carrier’s liability for delay situations and consequential loss or damage other than loss of or damage to the cargo.
Finally, in order to consolidate all provisions concerning the carrier’s liability, an “aggregate liability” provision has been added as a new sub-clause 3(c) to avoid that the accumulated damages for which the carrier can be held liable under Clause 3, or the Additional Clause, if applicable, and any other clauses, could eventually exceed the limit of liability envisaged under either Clause 3 or the Additional Clause, if applicable.
Sub-clause 9(e) emphasises the Merchant’s obligations in respect of delivery by stipulating that should the Merchant fail to take delivery of the cargo, the carrier shall be deemed to have fulfilled the contract simply by discharging the cargo. Furthermore, the clause stipulates that if the cargo is not applied for within a reasonable time the carrier may sell it privately or by auction.
Minor amendments have been made to the Clause for the sake of clarity.
Note: The old Clause 10 (Options) has been deleted as the bill of lading contains no provision for the parties to agree on alternative discharge ports. Consequently, this would be a matter to be addressed by the parties under a separate agreement.
To protect a carrier, who is involved in U.S. trades, against the risk of assuming greater responsibility without being able to take advantage of the freight earning provision in Clause 10, wording has been incorporated at the end of the Additional Clause to the effect that freight shall be payable on the cargo coming into the carrier’s custody. Thereby, a carrier assuming responsibility for the cargo before its actual loading or after its discharge would become entitled to the agreed freight in case damage occurred before loading or after discharge but while cargo was under his responsibility.
Copyright
Copyright in CONLINEBILL 2000 Liner Bill of Lading and the CONLINEBOOKING 2000 Liner Booking Note is held by BIMCO.
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