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Gard Guidance on Bills of Lading
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Table of contents
Gard Guidance on Bills of Lading
Preface
Acknowledgement
Part 1 General Information and Guidance
1.1 If in doubt
1.2 Functions of the bill of lading and waybill
1.2.1 Document of title
1.2.1.1 Meaning and relevance of title
1.2.1.2 Negotiability
1.2.2 Evidence of the contract of carriage
1.2.2.1 The carrier
1.2.2.2 The charterparty
1.2.3 Receipt for the goods loaded
1.2.3.1 Evidence of receipt
1.2.3.2 Clausing
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1.3 Importance of the bill of lading
1.3.1 Accuracy of the description of the goods in the bill of lading
1.3.1.1 Consequences of inaccuracy
1.3.1.2 Clausing and letters of indemnity
1.3.2 Date to be inserted in the bill of lading
1.3.2.1 Which date and its relevance
1.3.2.2 Consequences of inaccuracy
1.3.2.3 Letters of indemnity
1.3.3 Incorporating the charterparty in the bill of lading
1.3.3.1 Why the need to incorporate the charterparty
1.3.3.2 Proper incorporation of the charterparty
1.3.4 Delivery of goods covered by a bill of lading and waybill
1.3.4.1 General
1.3.4.2 Delivery under bills of lading which function as documents of title
1.3.4.3 Delivery under bills of lading not functioning as documents of title
1.3.4.4 Consequences of misdelivery or delivery without production of an original bill of lading
1.3.4.5 Delivery problems
1.3.4.6 Letters of indemnity
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Part 2 Preparing for Signing Bills of Lading
2.1 Obligations with regard to issuing and signing bills of lading
2.2 Inspecting the cargo before and/or at the time of loading
2.2.1 Consequences of not inspecting the cargo
2.2.2 Knowledge of the cargo, the loading and inspection practices
2.2.3 Who should/can inspect the cargo?
2.2.4 When to inspect the cargo?
2.2.5 What should be inspected?
2.2.5.1 The apparent order and condition of the goods
2.2.5.2 Marks for the purpose of identifying the goods
2.2.5.3 Number, quantity or weight
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2.3 Dealing with damage found during inspection/loading
2.3.1 General steps to take
2.3.2 Broken container seals
2.3.3 Damage caused after shipment
2.3.4 Charterparty requiring clean bills of lading
2.3.5 Affect of damage on sound cargo
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2.4 Recording inspection results in the mates receipt
2.4.1 General
2.4.2 Shippers description of the goods inserted in the mates receipt
2.4.3 Mates receipts issued to the shippers
2.5 Authorisation for signing bills of lading
2.6 Clausing bills of lading
2.6.1 General
2.6.2 Dealing with pressure to issue clean bills of lading
2.6.3 Clausing in general
2.6.4 Apparent order and condition
2.6.4.1 Cargo and/or packaging apparently damaged, defective, abnormal, inadequate
2.6.4.2 Cargo and packing in apparent good order and condition
2.6.5 Marks (for the purpose of identifying the goods)
2.6.5.1 Unable to determine the marks
2.6.5.2 Marks different to those shown on the bill of lading
2.6.5.3 Marks not clear or will not remain legible until end of carriage
2.6.5.4 Conflicting statements
2.6.5.5 The Hamburg Rules
2.6.6 Number, Quantity or Weight
2.6.6.1 Unable to determine the number, quantity or weight
2.6.6.2 Number, quantity or weight different to bill of lading
2.7 Checks to be made before singing bills of lading
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Part 3 After Signing the Bill of Lading
3.1 Signature under duress
3.2 Incorrect/inaccurate bill of lading signed
3.3 Ships copy
Part 4 Various Other Bill of Lading Issues
4.1 Early Departure Procedure (EDP)/Signing blank bills of lading
4.2 Cargo intended to be shipped on deck
4.3 Delivery of cargo against a bill of lading retained on board
4.4 Commingling or blending cargo on board
4.5 Split bills of lading and delivery orders
4.6 Bill of lading covering a bulk cargo with more than one discharge port
4.7 Delivery to a destination not named in the bill of lading
4.8 Letters of indemnity
Appendix I
Section 1
Section 2
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Section 3
Appendix II
Appendix III
Standard form A
Standard form B
Standard form C
Gard Guidance on Bills of Lading
Preface
Acknowledgement
Part 1 General Information and Guidance
Part 2 Preparing for Signing Bills of Lading
Part 3 After Signing the Bill of Lading
Part 4 Various Other Bill of Lading Issues
Appendix I
Appendix II
Appendix III