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Claim . Unpaid Cases Home > Helper
25-Charter party Bill of Lading

A credit is requesting a Clean On Board Ocean B/L but the presented original B/L is showing the issuance per contract by charter party, and the issuers is a master of a ship without a carrier indication. And on B/L, it indicated discharging port and other final destination. B/L also specially indicated that it prohibits Transshipment so the payment is rejected.

Case study
1. Acceptability of contract by charter party original B/L
The contract by charter party original B/L refers to a orignal B/L that was borrowed from a ship owner according to a contract by charter party of intended vessel of container. If a bank is requesting for a Clean On Board Ocean B/L, as long as it has no record that allows the contract by charter party original B/L, the bank may reject the process if a contract by charter party original B/L was presented. (The Sub-Article 25(b-vi) of U.C.P 500)

2. The difference of Clean On Board Ocean B/L and contract by charter party original B/L
First, a shipping documents issued by a carrier owner or a proxy is acceptable.
Second, a carrier's title is not a necessity indication.
Third, a different location for taking in charge and discharging port and final destination from the port of loading is not acceptable.
Fourth, intended vessel and intended loading port indications are not acceptable.
Fifth, Transship related clause are not required. This is because, a case with a contract by charter party, there is usually no vessel using transportations from port of loading to a discharging port, and if there is a clause prohibiting Transshipment, this is never acceptable in any case.

Conclusion
This case, when a Clean On Board Ocean B/L is requested, presenting a contract by charter party original B/L may not be acceptable. But the payment rejection is not acceptable because there is no carrier indication on the contract by charter party original B/L. And if there is a different final destination from a contract by charter party original B/L and discharging port it can be the cause for payment rejection as per the character of contract by charter party original B/L.


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