货代提单和船东提单到底有什么差别? | 外贸微课堂 What is the difference between freight bill of lading and shipowner's bill of lading? |


发布时间:

2020-02-18

货代提单和船东提单到底有什么差别?|外贸微课堂外贸微课堂由“聊城鸿远国际贸易服务有限公司”为广大外贸人打造,旨在经常分享一些干货知识,让大家提升自己,因为我们相信“不积跬步,无以至千里”。在实际操作中,会碰上两种类型的提单:船东提单和货代提单。船东,就是自己有远洋货轮的货运公司。一条远洋货轮的造价不菲,拥有自己的远洋船队的公司自然是实力雄厚。另一种货运公司就是货运代理,简称货代。货代自己没有船,某

货代提单和船东提单到底有什么差别? | 外贸微课堂
外贸微课堂由“聊城鸿远国际贸易服务有限公司”为广大外贸人打造,旨在经常分享一些干货知识,让大家提升自己,因为我们相信“不积跬步,无以至千里”。
在实际操作中,会碰上两种类型的提单:船东提单和货代提单。
船东,就是自己有远洋货轮的货运公司。一条远洋货轮的造价不菲,拥有自己的远洋船队的公司自然是实力雄厚。
另一种货运公司就是货运代理,简称货代。货代自己没有船,某种意义上性质与普通贸易公司差不多。他们招揽货物以后,再一起拿到船东那里去订舱。不妨把船东和货代的区别和关系看成批发商和零售商,商品就是远洋货轮的“舱位”。船东把舱位批发给货代,货代把舱位零售给货主。
船东提单即指船公司签发的海运提单(Master B/L,又叫主单,海单,简称M单),可以签发给直接货主(此时货代不出提单),也可签发给货代(此时,货代出货代提单给直接货主)。
货代提单(House B/L,又叫分提单,简称H单),严格意义上应该称为无船承运人(一级货代,中国从2002年开始相关资格认证,货代要在交通部指定的银行交付押金才能被批准)提单,是经交通部批准并备案取得NVOCC(Non-vessel operating common carrier)资格的货代所签发的提单,一般是签发给直接货主;有时也有同行套用提单,此时提单签发给该同行,而该同行会签发其自己的提单给其直接货主。现在出口一般都是HOUSE单比较多,特别是去欧美的地方。
对于出口商而言,两种提单都可以作为议付单据使用,银行都会接受。
区别
两种提单的英文表达方式:
船东单:MASTER BILL OF LOADING
货代单:HOUSE BILL OFLOADING(FORWARDER BILL OF LOADING)  
签发的主体不一样:
MB/L是船公司签发的提单,HB/L是货代基于MB/L出的提单,由货代公司签发。货代单不是想签发就签发,签发货代单的主体起码要在目的港有代理。
抬头不一样:
船公司提单是以船公司为抬头的,货代提单是以货代名称为抬头的。底部印章也不一样,船东单印章显示AS CARRIER ,货代单是AS AGENT FOR CARRIER
目的港收货方式不同:
船东单可以直接向船公司提货,货代单提货时必须先在目的港向货代的代理换取船公司提单。然后再凭着船公司提单去提货,俗称换单。或者由目的港客户凭货代单直接找货代的代理提货。
适用范围不一样:
船东单适用于FCL整箱货物,如果你的货物不是整柜的,而是零散的货物,就只能出货代单,因为船公司是不会帮你拼箱的,到目的港也不会帮你分货的,这种情况只能出HB/L或者电放。
小贴士
没有提单字样,可从下列方面加以区别:
A.船公司一般以Shipping Co.或Line命名,例如:COSCO以及MAERSK (CHINA)Shipping Co.,KLine等等,而货代则多以Transport CO.或Forwarding Co.命名。当然也有例外,例如美国的海陆船公司,它以全名是Sealand Service,不了解的还以为它是一家什么服务公司。
B.借助航交所和货代协会,也许你能得到一份在上海安营扎寨的船公司和货代公司名单,但外国的和异地的则有困难。
C.有些货代加入国际FIATA组织,为了显示其地位,往往在提单正面印上“FIATA会员”的字样。有的提单背面第一条定义条款可能会显示其具体身份。
D.货代提单中有的在正面印上一个“For Delivery,Please Contact”栏目,以便收货人在目的港找其联系提货。
E.上海口岸的拼箱业务大多由货代承办,拼箱提单通常以CY-CFS代替CY-CY。
货代提单通常使用于下列两种情况:
1.货代作为拼箱人(Consolidator)不得不签发提单。(这里顺便提一下,关于Groupage Cargo的问题,Groupage Cargo和Consolidation Cargo我理解是同一涵义,过去散货运输使用Groupage Cargo意指成组货物,例为货物打成托盘(Pallet),在集装箱运输中,Groupage一字已很少使用,而使用了Consolidation Cargo,而且目前已简化为Consol Cargo词了。最近有一家外贸公司,打电话问我Groupage B/L是怎么一回事,实际上成组货提单船公司发给办理拼箱的货代,货代则在此基础上签发分提单(SeparateHouse B/L)。客户谈Groupage B/L不能接受,显然是一句多余的话,但也许它的意思是House B/L不能接受。)
2.货代接受国外代理的指定货,指明要代其签发由它提供的格式提单(而国外货代的提单)。
当然,货代在其作为NVOCC时,也会签发自己的提单。
既然船公司可以出提单,那么为什么还要有一个货代单呢?
船东虽然稳妥,但毕竟难免“店大压客”一些,在服务的灵活性和殷勤程度上往往比不上货代。货代数量众多,分布广泛,与做外贸的沟通起来非常方便,也比较愿意配合货主的操作,特别是上面提到的类似于“倒签提单”这样的特殊运作。所以,实际工作中货主跟货代打交道更为普遍。
表面上看,船东提单和货代提单的效力相似,货主把正本提单卖给外商,外商凭提单取货。而实际上还是有差别的。首先,提单本身就是一种“运输契约”,货运人把提单开给货主,就等于签了一份承运合同。船东提单,是货主与船东间的合同,而货代提单就不是。货主把货物交给货代,货代再交给船东,货代与船东间有承运协议,船东只对货代负责而不会对货主货主负责,因为在货代提单的操作下,对于船东来说,货代才是“货主”。 .
因此,凭船东提单,到了目的港可以直接提货;而货代提单则不行,需要把货代提单拿到港口代理人那里“换单”,也就是根据货代提单开出提货通知,再去提货。当然,对于提货人而言,这表面上就是多了一道手续而已,不影响提货的,不算什么风险。恰恰相反,货主可以利用这一点更好地控制物权。比如,货主把货代提单交给客户以后,突然发现客户有欺诈行为,可能会不给钱,这时货主就可以请货代帮忙,通知目的港代理“扣住”货物,让外商即使拿着货代提单也暂时提不到货,给货主争取宝贵的时间(无正式理由,目的港也不便强行扣货,只能拖延数日,不过对于外贸纠纷而言,这种拖延非常有利于出口商)。
简言之,如果货物运输本身不幸出了事,货主追究货运公司责任的时候,显然实力雄厚的船东比普通的货代更有能力负责。平时货代则比船东能配合货主的工作,在灵活处理提单和防范商业欺诈上,货代的帮助至关重要。此外,货代的运输价格也很有优势,常有折扣。
此外,虽然说船东单(MB/L)是最基本的物权凭证,但是死板,里面的许多条款你无法左右。如果你是做L/C的,但是你在规定的交货期生产不出来,上不了船,那么你可以选择出HB/L,并且要求货代帮你倒签提单。当然这个也是不正规的做法,所以一般要你出担保函!假如你做L/C的,审单的时候你没有发现里面对船的特殊要求(如:船龄,船籍,ISM CODE,运费证明,挂靠港口,船证等等)而船公司又不能出具这些,怎么办?不按要求交单,结不了汇,在L/C没有明确规定不接受货代单的情况下,SHIPPER一般会选择出货代单,去忽悠老外,除非老外真不想要的货,一般来说可以蒙过去。不过被老外查出来就麻烦起码是个诈骗,等着上法院吧。
另外就是:在发货方没有收到国外客户的货款的时候,有可能会要求签发货代单以便控制货物,避免钱货两空。
还有一种比较特殊的情况:牵涉到第三方,中间商不想让最终的客户知道货物的来源等其他信息,就有可能要求签发货代单,以达到保护商业秘密的目的。
风险:签发船东单对发货人和货代来说都是比较安全的选择。对发货人来讲船东的信誉和安全系数肯定要比货代强,一般情况下都会相信船东,和船东比较对货代肯定又几分不放心。对货代来说也比较安全,不需要用到代理,万一代理卷货走人,货代算是白干了,甚至跟着倒闭。所以整柜出口不到万不得以货代不是很愿意签发货代单。
费用问题:船东单目的港提货一般不会产生什么费用,货代单提货肯定会收取目的港客户的换单费。(也有可能由发货人支付给货代,货代另行和代理结算)如果你想预付运费并快捷提货,就出船东单,还可以省十几美金的换单费。如果你想控制货权,运费到付等,你就要出货代单,货代可以帮你代理这些,当然这不是免费的。
总之,船东单是基本的物权凭证,但是死板,里面的许多条款你无法左右!
指定货代出货代单,船东单会在货代手上,他们给你的是他们货代公司自己的提单,真正的物权凭证由他控制,这里的风险就要看你做的是什么付款方式了。
如果是信用证的话银行未必承认货代单。如果是前TT,余款见提单COPY付清,那就有可能客户和货代合谋,不付余款。如果所有货款预付,那对你就没什么风险了。
What is the difference between freight bill of lading and shipowner's bill of lading? |
The foreign trade micro-class is created by "Liaocheng Hongyuan International Trade Service Co., Ltd." for the majority of foreign trade people. It aims to often share some dry goods knowledge and let everyone improve themselves, because we believe that "without stepping, there is no distance."
In practice, two types of bills of lading are encountered: shipowner's bills of lading and freight forwarding bills of lading.
The owner is the freight company that owns ocean-going freighters. The cost of an ocean-going freighter is high, and a company with its own ocean-going fleet is naturally strong.
Another type of freight company is freight forwarding, referred to as freight forwarding. The freight forwarder does not have a ship, and in a sense, it is almost the same as an ordinary trading company. After they solicited the cargo, they took it to the shipowner to book a cabin together. Consider the difference and relationship between the shipowner and the freight forwarder as a wholesaler and retailer. The commodity is the "class" of an ocean freighter. The ship owner wholesales the space to the freight forwarder, and the freight forwarder retails the space to the cargo owner.
Shipowner's bill of lading refers to the shipping bill of lading (Master B / L, also known as master bill, sea bill, abbreviated M bill) issued by the shipping company, which can be issued to the direct shipper (at this time, the bill of lading cannot be issued) or to the freight forwarder At this time, the freight forwarder sends the bill of lading to the direct shipper).
Freight bill of lading (House B / L, also known as bill of lading, referred to as H bill), in the strict sense, it should be called a non-vessel carrier (first-class freight forwarding, China from 2002 onwards related qualification certification, freight forwarding must be at the bank designated by the Ministry of Transport The bill of lading can only be approved) The bill of lading is a bill of lading issued by a freight forwarder approved by the Ministry of Communications and filing for NVOCC (Non-vessel operating common carrier) qualification. It is generally issued to the direct shipper; sometimes there are peers who apply the bill of lading, at which time the bill of lading is issued To the peer, and the peer will issue its own bill of lading to its direct shipper. At present, there are usually many HOUSE orders, especially in places in Europe and America.
For exporters, both bills of lading can be used as negotiable documents, and both banks will accept them.
the difference
Two English expressions of bill of lading:
Shipowner's slip: MASTER BILL OF LOADING
Freight forwarding: HOUSE BILL OFLOADING (FORWARDER BILL OF LOADING)
The issue subject is different:
MB / L is a bill of lading issued by a shipping company, HB / L is a bill of lading based on MB / L by a freight forwarder and issued by a freight forwarder. Freight forwarding bills are not issued when they want to be issued. The main body that signs the shipping bills must have an agent at least in the port of destination.
It looks different:
Shipping company bills of lading are based on shipping companies, and freight forwarding bills of lading are based on freight forwarding names. The bottom seal is not the same, the shipper's single seal shows AS CARRIER, and the freight forwarder is AS AGENT FOR CARRIER
Different receiving methods at the port of destination:
The owner's bill can be delivered directly to the shipping company, and the freight forwarding document must first be exchanged with the shipping agent's bill of lading at the destination port. Then take the shipping company's bill of lading to pick up the goods, commonly known as exchange orders. Or, the client in the destination port can directly find the freight forwarder's agent with the freight forwarder.
The scope of application is different:
Owner's order is applicable to FCL FCL cargo. If your cargo is not FCL, but scattered cargo, you can only ship on behalf of the order, because the shipping company will not help you to consolidate the cargo, nor will it arrive at the destination port. To help you distribute the goods, this situation can only be HB / L or electric amplifier.
Tips
Without the bill of lading, it can be distinguished in the following ways:
A. Shipping companies are usually named after Shipping Co. or Line, for example: COSCO and MAERSK (CHINA) Shipping Co., KLine, etc., while freight forwarding is mostly Transport CO. Or Forwarding Co. name. Of course, there are exceptions. For example, the US sea and land shipping company, whose full name is Sealand Service, do not know what service company it is.
B. With the help of the Airline Exchange and the Freight Forwarders Association, you may be able to get a list of shipping companies and freight forwarders who set up camps in Shanghai, but foreign and remote locations have difficulties.
C. Some freight forwarders join the international FIATA organization. In order to show their status, the word "FIATA member" is often printed on the front of the bill of lading. The first definition clause on the back of some bills of lading may show its specific identity.
D. Some of the freight bills of lading have a "For Delivery, Please Contact" column printed on the front so that the consignee can find their contact at the port of destination to pick up the goods.
E. Most of the LCL business at the Shanghai port is handled by freight forwarding. The L / L bill of lading usually replaces CY-CY with CY-CFS.
Freight bills of lading are usually used in the following two situations:
1. Forwarder as a Consolidator has to issue a bill of lading. (By the way, regarding Groupage Cargo, I understand Groupage Cargo and Consolidation Cargo have the same meaning. In the past, Groupage Cargo was used to refer to groups of goods in bulk transportation. For example, the goods are palletized. In container transportation, The word Groupage is rarely used, but Consolidation Cargo is used, and it has been simplified to Consol Cargo. Recently, a foreign trade company called and asked me what Groupage B / L is all about. The bill of lading shipping company issues the LCL freight forwarder, and the freight forwarder issues a separate bill of lading (SeparateHouse B / L) on this basis. The customer cannot accept Groupage B / L, which is obviously a superfluous sentence, but maybe it means House B / L cannot accept.)
2. The freight forwarder accepts the designated goods of the foreign agent, and indicates that the format bill of lading (and the foreign freight forwarder's bill of lading) shall be issued on its behalf.
Of course, when the freight forwarder acts as an NVOCC, it will also issue its own bill of lading.
Now that shipping companies can issue bills of lading, why should there be a freight forwarder?
Although the shipowner is secure, after all, it is inevitable that "shops are overwhelming customers", and they are often inferior to freight forwarding in terms of service flexibility and attentiveness. There are a large number of freight forwarders and a wide distribution, and it is very convenient to communicate with foreign trade. It is also more willing to cooperate with the owner's operations, especially the special operations like the "backward bill of lading" mentioned above. Therefore, it is more common for cargo owners to deal with freight forwarders in actual work.
On the surface, the shipowner's bill of lading and freight forwarding bill of lading have similar effects. The owner of the cargo sells the original bill of lading to a foreign merchant, and the foreign merchant fetches the goods against the bill of lading. There are actually differences. First of all, the bill of lading itself is a kind of "contract of transportation". If the freighter issues the bill of lading to the owner, it is equivalent to signing a contract of carriage. The shipowner's bill of lading is a contract between the owner and the shipowner, while the freight bill of lading is not. The cargo owner delivers the cargo to the freight forwarder, and the freight forwarder then hands it to the shipowner. There is a shipping agreement between the freight forwarder and the shipowner. The shipowner is only responsible to the freight forwarder and not to the shipper or owner, because under the operation of the freight bill of lading, for the shipowner, Freight forwarding is the "consignor". .
Therefore, with the shipowner's bill of lading, you can pick up the goods directly at the destination port; while the freight bill of lading does not work, you need to take the freight bill of lading to the port agent to "change the order", that is, issue a notice of delivery according to the freight bill of lading, and then pick up the goods. Of course, for the delivery person, this seems to be an extra procedure, which does not affect the delivery, and it is not a risk. On the contrary, consignors can take advantage of this to better control property rights. For example, after the consignor delivers the bill of lading to the customer, he suddenly finds that the customer has fraudulent behavior and may not give money. At this time, the consignor can ask the forwarder to help and notify the agent in the port of destination to “hold” the goods, so that the foreign merchant can hold the bill of lading even if it is held. The goods are not available for the time being, giving the owner valuable time (there is no formal reason for the port of destination to forcibly detain the goods, which can only be delayed for a few days, but for foreign trade disputes, such delays are very beneficial to exporters).
In short, if the cargo transportation itself is unfortunate, when the owner of the cargo holds the freight company accountable, it is clear that the shipowner with stronger strength is more capable than the ordinary freight forwarder. In general, freight forwarding is better than the shipowner's ability to cooperate with the cargo owner. In flexibly processing bills of lading and preventing commercial fraud, the help of freight forwarding is very important. In addition, the freight price of freight forwarding is also very advantageous, often with discounts.
In addition, although the shipowner's bill (MB / L) is the most basic proof of property rights, it is rigid and there are many terms in it that you cannot control. If you do L / C, but you can't produce it within the stipulated delivery time and can't board the ship, then you can choose HB / L and ask the freight forwarder to help you reverse the bill of lading. Of course, this is also irregular, so you are generally required to issue a guarantee letter! If you do L / C, you haven't found any special requirements for the ship (such as: ship age, ship registration, ISM CODE, freight certificate, port of call, ship certificate, etc.) and the shipping company cannot issue these ,How to do? If you do not submit the order as required, you cannot settle the foreign exchange. In the case that L / C does not explicitly stipulate that the freight forwarding order is not accepted, SHIPPER generally chooses to ship the order, and flings the foreigner, unless the foreigner really does not want the goods, generally it can be covered past. However, if the foreigner finds out, the trouble is at least a fraud. Wait for the court.
Another is: when the shipper has not received the payment from the foreign customer, it may be required to sign a delivery order in order to control the goods and avoid losing money.
There is also a special case: a third party is involved, and the middleman does not want the final customer to know the origin of the goods and other information, so it may be necessary to sign a delivery order to achieve the purpose of protecting trade secrets.
Risk: Issuing the owner's slip is a safer option for both the shipper and the freight forwarder. For the shipper, the shipowner's credibility and safety factor must be stronger than that of the freight forwarder. Under normal circumstances, the shipowner will be trusted, and compared with the shipowner, the shipper will definitely be a little uneasy. It is also safer for the freight forwarder, and no agent is needed. In case the agent rolls the goods away, the freight forwarder is considered to be dry, or even closed down. Therefore, the whole container export is less than ten thousand. The freight forwarder is not very willing to sign the delivery order.
Cost issues: Shippers 'single destination port pickup generally does not incur any charges, and freight forwarding bill pickup will definitely charge customers' destination order replacement fees. (It is also possible for the consignor to pay the freight forwarder, and the freight forwarder will settle with the agent separately.) If you want to pre-ship the freight and pick up the goods quickly, you can issue the owner's order, and you can save more than a dozen dollars for the order fee. If you want to control the cargo rights, freight payment, etc., you have to ship the order, the freight forwarder can help you agent these, of course, this is not free.
In short, the shipowner's list is the basic proof of property rights, but it is rigid and you cannot control many of the terms in it!
Specify the freight forwarding and shipping order, and the shipowner's order will be in the hands of the freight forwarder. They give you their own bill of lading. The real property rights certificate is controlled by him. The risk here depends on what payment method you make. .
If it is a letter of credit, the bank may not recognize the freight forwarder. If it is the former TT, the balance can be paid by COPY of the bill of lading, then it is possible that the customer and the freight forwarder conspired and did not pay the balance. If all payments are paid in advance, there is no risk to you.

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