RECOMENDACIONES PARA LOS CAPITANES, EN CUANTO A LA FIRMA DE B/Ls

Copíamos a continuación las recomendaciones que el Britania Club/P&I hace a los capitanes para que sean tenidas en cuenta a la hora de firmar conocimientos de embarque.

Check points.

There are other points that should be considered when issuing B/Ls:

Check that the B/L incorporates the Hague or Hague-Visby rules, often in the form of a clause paramount.

Do not sign a B/L that is blank or only partially completed. Confirm the correct port and date of loading is shown.

Any carriage instructions inserted in the B/L should be checked for consistency against other documents (mate’s receipts, voyage instructions, shipping order). If in doubt, the master should clarify them with the shipper and the shipowner.

Check the B/L is on the form stipulated by the charterparty or the ordinary form for the trade

Check that the terms of the applicable charter party are incorporated in the B/L and the charterparty incorporation clause is completed as applicable.

Avoid general wording (e.g. “other conditions as per CP” or “CP terms and conditions incorporated therein”). To ensure proper incorporation, wording should be included such as “all terms, clauses, conditions and warranties including the arbitration, choice of law, time bar and time limitation clauses of the charterparty dated [ ] are hereby incorporated in this B/L”.

Do not amend B/Ls after they have been issued.

Do not re-issue a set of B/Ls if an earlier set is already issued. Only do this after ensuring that the complete original set of B/Ls has been cancelled or destroyed.

Confirm the stated number of original B/Ls matches the number of bills presented for signature.

Sign only in the designated signature space or, if none, at the bottom of the B/L face and NOT elsewhere (signing next to the shipper’s description may be interpreted as confirming the description).

Retain a copy of the signed B/L marked/stamped “non negotiable copy” for comparison with the original B/L presented for delivery.

Do not accept deck cargo, unless the B/L is clearly marked as ‘CARRIED ON DECK AT SHIPPERS’ RISK’ or similar.

Do not discharge goods without presentation of an original B/L. If owners are prepared to agree to a request to discharge cargo without production of the original B/L, careful consideration could be given to doing so in exchange for an LOI from the charterer on the IG’s standard LOI wording recommended for this purpose. It is important to note that P&I cover may be prejudiced if cargo is discharged in this way even if an LOI is issued and accepted by the parties.

Seek clarification when instructed to discharge at a different port from that printed on the B/L. Again, if owners are prepared to agree to a request to discharge the cargo at a port not stated in the B/L, then careful consideration may be given to doing so in exchange for an LOI from the charterer on the IG’s standard LOI wording recommended for this purpose. It is important to note that P&I cover may be prejudiced if cargo is discharged at a place not stated in the B/L. In that case, owners would be forced to rely on the terms of the LOI in the event of a mis-delivery claim.

Britania Club