News
News
Attention! No single release! Export these places must be careful!!
Apr 26,2024
It has been mentioned recently."No single release"This word, the original BL in hand, the copy of the bill of lading can not be given to the customer, only to show the customer the bill of lading confirmation. As a result, after the goods arrived at the port, the customer could not be contacted. An inquiry showed that the cabinet had been taken away. Here we will explain "no single release"!
No single release, also known as no original bill of lading release., refers to the carrier or its agent (freight forwarding) or port authority or warehouse manager in the absence of the original bill of lading, according to the bill of lading recorded on the consignee or notice person with a copy of the bill of lading or a copy of the bill of lading, plus a letter of guarantee to release the goods.Under normal circumstances, the consignee needs the original bill of lading or electric discharge or seaway to pick up the goods, but it often happens that "the original bill of lading is in hand and the goods have been taken away".. We call this situation "no single release". The normal operation of this transaction method is: the customer pays 30% deposit first, we do the goods, arrange the shipment of the goods after the goods are made, and then get the original bill of lading. Then the copy of the bill of lading to the customer, such as the customer to confirm the bill of lading information OK, the customer to pay the balance, we receive the money and send the original bill of lading to him, or let the shipping company electricity release, and then to the customer electricity release number, the customer can pick up the goods.
In the event of no single release, foreign traders are very anxious, because most of the orders by sea are not small, in this case not only the goods are taken away by the consignee, but also can not recover the final payment of the goods.
There is no dispute that the release of goods is illegal in our country, but in many areas, based on its practical considerations, it is still regarded as a legal act. For those engaged in shipping and foreign trade, it is self-evident to know which areas allow no single release of goods.
Latin America, West Africa and many other regions, there are no single release of goods.Angola, Nicaragua, Guatemala, Honduras, El Salvador, Costa Rica, Dominica, VenezuelaCountries and other countries, are all areas where there is no single release. In these places, the policy of unilateral release of imported goods is implemented. The owner's manipulation of the original bill of lading was canceled. In addition,In the United States, Canada, the United Kingdom and other countries, it is allowed to take delivery of a copy of a named bill of lading.. The practice is that the consignee of the "named bill of lading" (Straight B/L) may take delivery of the goods not on the basis of the "original bill of lading" but only on the endorsement of the "Notice of arrival" (Notice of arrival) and the identity of the consignee. This also means that if the payment is not recovered in time, even if the export enterprise has the original bill of lading in hand, it will not help.
What should I do when I encounter "no single release?
"No single release" is not completely sure of the loss, there are many customers because of cash flow problems, with the designated freight forwarder to negotiate no single release, first sales, then payment. That is to say, although some customers have no orders to release goods, they will still make payments, but they will be late. In this case, we wantActively keep in touch with customers, at the same time to investigate the responsibility of the freight forwarder, without the permission of the shipping party to operate without a single release, the loss caused by the freight forwarder should be responsible. If the freight forwarder maliciously colluded with foreign buyers or the freight forwarder cheated the goods, legal procedures should be taken.
Contact and urge as soon as possible,Try to keep the documentary evidence. The documentary evidence here also includes relevant electronic evidence, such as emails with the suffix of the other party's business name. Contact records with individuals need to be analyzed on a case-by-case and whether they belong to electronic evidence.
In the meantime, contact a lawyer as soon as possible,Send a lawyer's letter, collection letter.And start the blacklist system as soon as possible, causing pressure on the other party. Start sorting through the evidence as soon as possible,Be prepared for litigation. It is particularly noteworthy that the statute of limitations for maritime actions is only one year (article 257 of the Maritime Code) and that the interruption of the statute of limitations is different from the general statute of limitations. Don't be killed by the other party or because you have delayed the time and finally missed the statute of limitations. Need to remind is,It is proposed that the means of dispute settlement be arbitration.Because if foreign parties are involved, the effective award of our court cannot be enforced, while arbitration can be enforced, which will make judicial relief become substantive relief. We are a party to the New York Convention.
How to prevent no single release?
1. Sign CIF or C & M terms
When signing export contracts, foreign trade enterprises should try to sign CIF or C & M terms,Force Rejection FOB ClauseTo avoid foreign designated foreign freight forwarders to arrange transportation.
2. Accept the designated shipping company
If a foreign investor insists on the FOB clause and designates a shipping company and a freight forwarder to arrange transportation, the designated shipping company may be accepted, but a freight forwarder or an overseas freight forwarder's representative office operating international freight forwarding business in China without the approval of the Ministry of Foreign Trade and Economic Cooperation cannot be accepted to arrange transportation and explain to the foreign investor,It is illegal to operate freight forwarding business in China and issue bills of lading without approval.
3. Strictly follow the procedure
If foreign investors still insist on appointing foreign freight forwarders, in order not to affect exports, they must strictly follow the procedures, I .e.The bill of lading of the designated overseas freight forwarder must be entrusted to the freight forwarding enterprise approved by our Ministry to issue and control the goods.At the same time, the agent issued a bill of lading issued by the freight forwarding enterprise issued a letter of guarantee, the commitment to the port of destination after the goods to the original bill of lading under the letter of credit, otherwise to bear the liability of no single release.
Make global trade unimpeded
Contact Phone
Contact Us
Copyright ©Guangzhou Hongdex International Logistics Co.,Ltd
Hotline: 020-84608598
Whatsapp: 18027165010
QQ：2853396538
Email: 2853396545@qq.com
We will provide you with timely feedback
