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Bill of Lading

Issued by the carrier as a receipt for the cargo and evidence of the contract of carriage. A negotiable bill also gives title to the goods.

What is Bill of Lading?

A bill of lading (B/L) is the document issued by or on behalf of a sea carrier that serves three functions: receipt for the goods, evidence of the contract of carriage, and, when issued in negotiable form, a document of title. A negotiable ('to order') bill transfers control of the goods by endorsement and delivery, which is why banks rely on it under documentary credits. A straight bill names the consignee and is not transferable, and a sea waybill is a non-negotiable receipt that allows delivery without surrender of an original. Liability terms are set by the international regime that applies to the voyage, most commonly the Hague-Visby Rules, with the Hamburg Rules and national laws such as US COGSA in some trades. Forwarders acting as NVOCCs issue house bills to their shippers while the ocean carrier issues a master bill for the same cargo.

Why it matters for forwarders

Errors on a bill of lading are expensive because a negotiable B/L in the hands of a third party in good faith becomes conclusive evidence of what it describes, so mismatched quantities or clausing can block payment or create carrier liability. Under UCP 600 a bank expects a clean, shipped-on-board bill showing the carrier and signed by the carrier, master or a named agent, and presented as a full set within 21 days of shipment, so late or incomplete documents put the seller's payment at risk. Releasing cargo without an original order bill, against a letter of indemnity, is a frequent source of misdelivery claims. Agree at booking whether the shipment needs an original, a sea waybill or a telex release, because switching late costs time and courier fees. Electronic bills of lading are gaining legal recognition, for example under the UK Electronic Trade Documents Act 2023, but require both parties to use a compatible platform.

B/L FAQ

What is the difference between a bill of lading and a sea waybill?

A negotiable bill of lading is a document of title and the original must be surrendered to take delivery. A sea waybill is non-negotiable and the carrier delivers to the named consignee on proof of identity.

What is a clean bill of lading?

A bill with no clause or notation declaring a defective condition of the goods or packaging. Banks under UCP 600 accept only clean transport documents unless the credit says otherwise.

How much can I recover if an ocean carrier loses my cargo?

Under the Hague-Visby Rules the carrier's liability is limited to the higher of 666.67 SDR per package or unit and 2 SDR per kilogram of gross weight. A higher amount is recoverable only if the nature and value of the goods were declared and inserted in the bill of lading.

What is the time limit for a cargo claim under a bill of lading?

Under the Hague-Visby Rules written notice should be given before or at removal of the goods, or within three days if the damage is not apparent. Suit must be brought within one year of delivery or of the date the goods should have been delivered.

Sources

  1. The Hague-Visby Rules (text), If P&C Insurance (reproduction of the 1924 Convention as amended 1968 and 1979)
  2. UCP 600: Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce

Rules and figures change. Check the current text with the issuing body before relying on it.

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