In some countries, you can pick up the cabinet without a bill of lading!
There are foreign trade friends personal experience, the original BL is in hand, the copy of the bill of lading can not give the customer, only to the customer to see the confirmation of the bill of lading.
Then I thought that nothing would happen, and I arranged the shipment. As a result, after the goods arrived in Hong Kong, I contacted the customer to pay the balance, and the life and death could not be contacted.
A query shows that the cabinet has been taken away. Later, the customers sold the goods, about a month, before they arranged the final payment.
Undoubtedly, this is a " no single release" that foreign traders hate extremely !
What is “no bill of lading”?
Under normal circumstances, the receiving party needs the original bill of lading or electric or seaway to pick up the goods, but it often happens that "the original bill of lading is in hand, the goods have actually been taken away". We call this situation "no bill of lading".
No bill of lading, also called no original bill of lading to release goods, means that the carrier or its agent (shipping) or the port authority or warehouse manager in the absence of recovery of the original bill of lading, according to the consignee recorded on the bill of lading Or the informant shall release the goods by a copy of the bill of lading or a copy of the bill of lading.
The normal operation of this trading method is: the customer pays a 30% deposit first, we make the goods, arrange the goods after the goods are finished, and then get the original bill of lading. Then send the copy of the bill of lading to the customer, wait for the customer to confirm the bill of lading information, the customer pays the balance, after we receive the money, send the original bill of lading to him, or let the shipping company electrify, and then give the customer the electric number, the customer Can be picked up.
This is a relatively common "no single delivery", in fact, we often encounter a lot of unconventional "no delivery" operation , such as what documents are not required, even if the copy of the bill of lading is not needed, you can take the goods take away!
Foreign traders are very anxious when there is no single release, because most of the orders for shipping are not small. In this case, not only the goods are picked up by the consignee, but also the tail of the goods cannot be recovered.
High-risk countries with no single delivery
Some Central and South American countries and African countries implement unilateral release policies for imported goods, and they can release goods without a single order. The customs of the country decides whether to release the goods to the consignee, and the shipping company has no legal right to control the goods.
Specifically, Brazil, Nicaragua, Guatemala, Honduras, El Salvador, Costa Rica, Dominica, Venezuela and other countries in Central and South America , as well as African countries such as Angola and Congo , can release goods without a single order.
The shipping company CMA CGM issued an urgent notice: after the goods arrived in Venezuela (including the port of La Guaira, Cabello, etc.), the carrier will lose control of the goods from the date of unloading of the port of unloading, and the goods will be Mandatory to the local customs or the port authority to release the consignee recorded in the bill of lading, the consignee can pick up the goods without providing the original bill of lading. The Ministry of Commerce of China has also urgently reminded about the issue of goods delivery in Angola.
In addition, the United States, Canada, the United Kingdom and other countries are allowed to take delivery of a copy of the bill of lading. Usually, the carrier (shipper or shipping company) has reason to deliver to the consignee (importer) specified by the shipper (exporter) on the bill of lading. The carrier does not require the consignee to present the original when delivering the goods. The obligation to register a bill of lading. That is to say, the consignee of "Straight B/L" can pick up the goods only by the endorsement of the "Notice of Arrival" and the identity of the consignee without the "original bill of lading". . This means that if the exporter does not recover the purchase price in time, even if the original bill of lading is in hand, it will not help .
Exports to Turkey, India and Algeria should also pay special attention: before the goods arrive in Hong Kong, the port of destination importers will automatically transfer the goods to the consignee after the manifest declaration, that is, the exporter loses control over the goods.
These countries are prone to the situation of no-stock delivery, so when we cooperate with customers in the above countries, we must collect the payment before shipment.
As early as 2000, the "Notice on Avoiding the Risk of Delivery of Goods without Bill of Lading" issued by the Ministry of Foreign Trade and Economic Cooperation pointed out that according to many foreign trade enterprises, in recent years, in international trade, importers use FOB clauses and designate overseas freight forwarding arrangements for transportation. The situation is increasing day by day. Some of the designated freight forwarders are not well-intentioned, and they are colluding with the importers to engage in the delivery of goods without bills of lading. It has also been found that importers have deliberately set up freight forwarding to come to China to defraud goods.
How to prevent the delivery of goods without a single order?
The above notice also gave the company a few tricks, and it still applies:
First of all, when signing an export contract, a foreign trade enterprise should try to sign a CIF or C&M clause, and refuse the FOB clause to avoid foreign-specified overseas freight forwarding arrangements .
Secondly, if foreign investors insist on the FOB clause and designate the shipping company and freight forwarding to arrange transportation, the designated shipping company can be accepted, but it is not acceptable to arrange the transportation by the freight forwarding enterprise or the overseas freight forwarding representative office that has not approved the operation of the international freight forwarding business in China without the approval of the Ministry of Foreign Trade and Economic Cooperation . It also explained to foreign investors that any unauthorized operation of the freight forwarding business in China and the issuance of bills of lading is illegal.
At the same time, if foreign merchants still insist on designating overseas freight forwarders, in order not to affect exports, they must strictly follow the procedures, that is, the bill of lading for the designated overseas freight forwarders must entrust the freight forwarding enterprise approved by the Ministry to issue and control the control of the goods, and at the same time, the bill of lading is issued by the agent. The freight forwarding company issues a letter of guarantee, and promises to release the goods on the original bill of lading under the letter of credit after the goods arrive at the port of destination, otherwise it will be liable for the loss of the goods without bill of lading.
What kind of statement can refuse customers to specify the freight forwarding?
The first statement: telling our customers that our freight forwarding has 20 or 30 years of experience can help us avoid risks and control costs, so that you are good to me. The second way: the company has an agreement with our freight forwarding company. All the goods of our company must be responsible for the freight forwarding company, so we can't default, please understand the customer.
These two statements are nothing more than refusing customers to use the communication skills of the specified freight forwarding. In short, try to avoid using the customer-specified freight forwarding.
What should I do if there is no delivery of goods?
"No delivery of goods" is not completely certain that it will be lost. Many customers are due to the lack of cash flow, and they have negotiated with the designated freight forwarders to release the goods without first. That is to say, some customers will not pay for the goods, but they will still make money, but they will be late.
Under this circumstance, we must actively keep in touch with the customers, and at the same time, we must investigate the responsibility of the freight forwarding, and operate the goods without the release of the goods without the permission of the shipper. The losses caused should be handled by the freight forwarder .
If the freight forwarding is maliciously colluded with a foreign buyer or the goods are defrauded, the legal process should be taken .
First, contact and urge as soon as possible, and try to retain written evidence. The written evidence here also includes relevant electronic evidence, such as the email of the suffix of the other company's name. The contact record with the individual needs to be analyzed in detail and whether it is electronic evidence.
At the same time, contact a lawyer as soon as possible, send a lawyer's letter, reminder letter, and start the blacklist system as soon as possible, causing pressure on the other party.
In addition, start to sort out the evidence as soon as possible and prepare for litigation. It is particularly noteworthy that the statute of limitations for maritime litigation is only one year (Article 257 of the Maritime Law), and the statute of limitations is different from the general statute of limitations. Don't be fooled by the other party or because you have dragged out the time and finally missed the statute of limitations.
It should be reminded that the proposed method of dispute settlement is arbitration, because if a foreign party is involved, the effective judgment of the Chinese court cannot be enforced, and the arbitration can be executed, which will make the judicial relief become a substantial relief. China is a party to the New York Convention.
After getting the effective judgment, you can entrust a local lawyer or debt collection company to recover the loss.
