Sea waybill
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Sea waybill is one of two basic documents that allow to carriage off goods by water. Sea waybill is an international permission. The second one is called bill of lading. They are both documents attesting to the carriage's contracts, although they are related to the underlying sale's contract, and also, where applicable, to the documentary credit transaction of the banks wchich are concerned (P. G. Pamel, R. C. Wilkins. 2011, p.1, 2).
Usability
A sea waybill can be used in preference to a bill of lading if goods are likely to have been shipped and reach their destination before a bill of lading ( for example on short sea routes in Europe). It is also useful if there is no need (from the shipper point of view) to have a bill of lading in order to receive payment or to transfer the title to the goods during the time the commodity is in the possession of the freighter (A. Rogers, J. Chuah, M. Dockray 2016, p. 13). According to A. Rogers, J. Chuah and M. Dockray "A sea waybill is also a receipt for goods issued by a carrier and may contain evidence of the terms of a contract of affreightment in much the same way as a bill of lading."(2016, p. 12)
Sea waybill vs. bill of lading
Both documents are related to shipping goods but they have some significant differences ( I. Mavrokefalos 2014/2015, p. 6):
- Sea waybill is negotiable in contrary to bill of lading. It means that the title of bill of lading can be transferred to anyone the holder wishes. This could not happen with sea waybill, which must be sent purely to the person who has been identified on the paper as the consignee.
- Bill of lading may be used as a guarantee to get a loan or credit line, as soon as the title can be handed to bank, while banks do not accapted sea waybills as a guarantee.
- Another difference- bill of lading transfers the title of the shipping, whereassea waybill is just an evidence of the contract between the buyer the seller to transfer the cargo to an certain port. It also usually contains name of buyer, a list of the cargo's content and condition.
- Sea Waybill must have the cargo's consignee's name. It facilitates the process of unloading while the vessel reach its destination. Usually bill of lading reaches the captain with delay, so sea waybill permits correct shipping's discharge and it also reduces possibilities of damage.
- While bill of lading does not reach the carrier's hands sea waybill is used instead, as evidence that the appropriate cargo has been loaded and has been contracted to deliver to an appropriate buyer. In this case captain will accept the sea waybill instead of the bill of lading and the goods can be transferred to the buyer whose name has been written on the contract.
Examples of Sea waybill
- Sea waybill is used for international trade and transportation of goods. For example, when a company exports goods from one country to another, it may use a sea waybill to transport the goods by sea. The sea waybill will provide the details of the goods being transported, the ship and the route of transport.
- A sea waybill is also used for the transportation of cargo on a cruise ship. The cruise ship will have all the necessary details of the cargo it is carrying, the route of the voyage, the ship and the port of call.
- Sea waybill is also used in freight forwarding. When a company needs to transport goods from one country to another, they will use a sea waybill to provide all the details of the goods, such as size, weight and destination. The freight forwarder will also provide information about the route and the ship carrying the goods.
- Sea waybill is also used in cargo shipping. When a company needs to transport goods from one country to another, they will use a sea waybill to provide the details of the goods being shipped, the route of the voyage, the ship and the port of call.
Advantages of Sea waybill
One of the advantages of sea waybill is its ability to facilitate easier, faster and more efficient cargo transportation. Below are some of the other advantages of sea waybill:
- Sea waybill is more economical than bill of lading, as it does not require the same level of documentation and does not involve the same amount of costs for services.
- Sea waybill is a simpler and more straightforward document than bill of lading, making it easier to use and understand.
- Sea waybill provides more flexibility and control to the shipper as it does not need to be presented to the carrier for the issuance of the document.
- Sea waybill does not require the shipper's signature, making the process faster.
- Sea waybill is a more secure document than bill of lading as it does not include the shipper's signature or any other personal information.
- Sea waybill is not subject to the same legal regulations as bill of lading, making it easier to use in international transactions.
Limitations of Sea waybill
Sea waybill is one of the two key documents attesting to the carriage contract. However, it has several limitations:
- Sea waybill does not have a legal force of a title document, and therefore does not give a right to claim for goods to the bearer.
- Sea waybill does not provide evidence of a contract of sale between shipper and consignee.
- Sea waybill does not necessarily prove the ownership of the goods.
- Sea waybill is not acceptable as a document of title for the purposes of a letter of credit.
A Sea waybill is a document that allows for the carriage of goods by water, and it is an international permission. There are a few other approaches related to the Sea waybill:
- A bill of lading is a document that is also related to the carriage of goods by water, but it is a contract for the delivery of goods from the shipper to the consignee, and serves as a receipt of shipment.
- A shipper's letter of instructions is a document that provides instructions to the carrier regarding the shipment of goods.
- A shipper's export declaration is a document that is used to provide information to certain government agencies regarding the export of goods.
- A certificate of origin is a document that is used to certify the origin of goods.
In summary, the Sea waybill is one of the key documents related to the carriage of goods by water, but there are a few other approaches that are related, such as a bill of lading, a shipper's letter of instructions, a shipper's export declaration, and a certificate of origin.
References
- Chuah J., Dockray M., Rogers A. (2016) Cases and Materials on the Carriage of Goods by Sea Routledge, London and New York
- Mavrokefalos I.(2014/2015) Functions of the bill of lading. Differences between sea waybill and order bill., Cardiff Business School, Cardiff
- Pamel G.P., Wilkins C.R. (2011) Bills of Lading vs Sea Waybills, and The Himalaya ClauseBorden Ladner Gervais, LLP, Toronto
- Sparka F. (2010) Jurisdiction and Arbitration Clauses in Maritime Transport Documents: A Comparative Analysis Springer Science & Business Media, Hamburg
Author: Dominika Kuraś
