7.2.2　Sea Waybills海运单

A sea waybill is a shipping document that is essentially not a B/L but only the receipt of goods and contract of carriage.It looks remarkably like a B/L,especially in two important ways:First,the front of the document generally bears a description of the quantity and condition of the goods; Second,the back of the document lists the terms of the contract of carriage.

They differ from B/Ls in that,rather than indicating that the goodsin question are to be delivered to the order of the shipper or someone else,they often expressly state that the cargo is to be delivered only to the consignee.This is achieved in a number of ways.For example,the document may bear the words “non-negotiable”,or omit the word“order”from the consignee box,and state explicitly that the cargo will be delivered to the consignee or its authorized representative against proper proof of identity and authorization.Alternatively,the consignee box might indicate explicitly that the document is “not to order”.The document may also simply omit the consignee box altogether,stating expressly that the goods is to be delivered “to the party nominated by the charterer or his/her authorized agent”.

When you use a sea waybill,the major advantage is that the importer does not need to present the original document to the carrier for taking delivery; he/she only needs to prove his/her identity as the named consignee on the front of the document.Certainly,the importer may stipulate a tender for the document in the sales contract or letter of credit.However,he/she does not need physical possession of the document to gain access to the cargo.Consequently,if the document is delayed,it causes none of the problems associated with non-presentation of a B/L.This feature is often stated explicitly in clauses of varying complexities.In the most basic terms,the document may state that “delivery of the goods will be made to the consignee or his/her authorized representative upon proper proof of identity and authorization without the need of presenting or surrendering a copy of this waybill”.The document may further state that “the carrier is to exercise due care to ensure that delivery is made to the proper party.However,in case of incorrect delivery,no responsibility will be accepted unless due to fault or negligence on the part of the carrier”.