The Three Functions of a Bill of Lading
- Receipt for goods: The shipping line confirms that it received the described cargo in apparent good condition.
- Document of title: Whoever holds the original BL has legal title to the goods. This is why original BLs must be controlled — losing them or letting the wrong party hold them can cost you the shipment.
- Contract of carriage: The terms on the reverse of the BL form the contract between shipper and carrier — covering liability, freight charges, and dispute resolution.
Original BL vs Telex Release vs Express BL
| Type | How It Works | When to Use |
|---|---|---|
| Original BL (3 originals) | Physical documents couriered to buyer; one must be presented to release cargo | LC transactions; new buyers; high-value cargo |
| Telex Release | Seller surrenders originals at origin; shipping line instructs destination office to release without originals | Established relationships; TT payment completed |
| Express/Sea Waybill | Non-negotiable; cargo released to named consignee without document | High trust buyer; shipment arrives before docs |
Clean vs Claused BL
A Clean BL has no notation about cargo damage or discrepancy — the shipping line confirms receipt in "apparent good order and condition." Banks under LC will only accept clean BLs for payment.
A Claused (Dirty) BL has an endorsement noting cargo damage, packing defect, or quantity discrepancy (e.g., "bags torn and re-stitched," "2 bags short"). This gives the buyer a potential claim against the seller and will cause LC payment rejection. If you receive a claused BL, investigate before proceeding.
Key Fields to Check on Every BL
- Consignee: Who can collect the cargo. Under LC: "To order of [Bank name]" — not directly to buyer. Incorrect consignee = inability to clear customs.
- Notify party: Who the shipping agent contacts on arrival. Usually the buyer or their freight forwarder.
- Port of Loading / Discharge: Must match LC and purchase contract exactly.
- Description of goods and HS code: Must match invoice. Mismatches trigger customs queries.
- Freight terms (Prepaid/Collect): Under CIF, freight is Prepaid. Under FOB, it's Collect. Wrong freight term can cause clearance problems.
- Number of originals issued: Usually "3/3" (3 originals issued, 3 required for surrender). One original is sufficient to release cargo.
Endorsement Chain — How Title Transfers
An "Order BL" (made out "To Order") transfers ownership through endorsement — like a cheque. The seller endorses it "in blank" (signs the back without specifying a new holder), making it bearer-negotiable. Banks use this in LC transactions to hold security over the goods until payment. Keep original BLs in a secure location — they are as valuable as the cargo itself.