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|Authors: ||Chung Cheng-Chi|
|Contributors: ||NTOU:Department of Shipping and Transportation Management|
Carrier's liability;Original bills of lading;Letter of guarantee
|Issue Date: ||2012-06-18T05:52:10Z
Abstract:Delivery of goods withouts producion of original bills of lading is often a genuine problem, which frequently exposes the carrier to substamtial claims. The act obviously is against the contract of carriage, and the carrier shall be liable for damages. As a rule, a carrier who delivers goods without producion of original bills of lading does so at its own risk. Therefore, the carrier, unless obtained quite valuable guarantee, should refuse any requirements for delivering goods without production of original bills of lading. If a carrier is under pressure from the shipper, consignee, owners of the goods or charterer to deliver goods without production of original bills of lading, we suggest that the following precautionary measures be taken prior to the deliveru of the goods:to seek written instructions from the shipper or the charterer, to seek a guarantee, preferably a reputable bank guarantee from both the receiver of the goods and the directors of the receiver of the goods. In the case of a bank guarantee, the carrier should always confirm with the issuing bank as to the validity of that bank guarantee, to note down all the details of the party who takes delivery of the goods, to obtain from the delivry agent the exact procedures for the delivery of the goods at the port of discharge, where a charterparty is involved, before delivering the goods, to obtain the charterer's guarantee whitch should, prtferably, be countersigned by a reputable bank.
|Relation: ||29(3), pp.557-582|
|Appears in Collections:||[航運管理學系] 期刊論文|
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