Waybill

A bill of lading (English waybill ) is a transport document for the contract of carriage according to the Commercial Code ( § 407 HGB), the results of the goods accompanying carrier with it. The bill of lading has the carrier from the owner of the goods, the owner of the copies of the waybill as the owner and shipper or receiver.

In the European freight transport system beyond the CMR consignment note.

4.1 Payment against invoice
4.2 Documentary Collection
4.3 documentary

Waybill in Germany

In the national freight bill of lading since 1998 with the introduction of the Transport Law Reform Act no longer mandatory, there may be other accompanying documents, such as delivery notes, bills of lading or Bordero be used.

The carrier may from consignor to make out a bill of lading require ( § 408 paragraph 1 HGB ).

In Germany may (or may not! ) The document accompanying the goods acc. § 408 HGB, the following information:

Place and date of issue
Name and address of the sender
Name and address of the carrier
Place and date of taking over of the goods and the place designated for delivery point
Name and address of the consignee and any registered address
The usual description of the nature of the goods and the method of packing, dangerous goods at their intended in the Technical Instructions, otherwise their generally recognized description
Number, marks and numbers of packages (package ).
The gross weight or the quantity otherwise expressed Good
The agreed freight and incurred until delivery costs as well as a note on the freight payment
The amount of recovered in the delivery of the goods on delivery
Instructions for Customs and other formalities of goods
An agreement relating to the carriage in open, unmet with tarpaulins vehicle or on deck.

In addition, record carrier and sender further them deems appropriate information.

Copy of the consignment note

The bill of lading is issued in three copies: One copy remains with the sender, one accompanied the cargo, one copy is for the carrier determined ( § 408, paragraph 2, sentence 2 HGB ).

The sender has to sign all three copies. Only three copies of the original together form a uniform bill of lading.

If the consignment note, despite the carrier's desire not rule out the carrier with respect to the to the transported goods has a lien pursuant to § 273 BGB.

Functions of the bill of lading in the cargo right

Information carrier function

The bill of lading is by nature a were accompanying instruction paper. That is, with the waybill informed the sender first, and subsequent carrier, but also transporters, warehouses as well as the receiver over the quality and quantity of the cargo, on the transport route and measures to be taken by the carrier in the case of transport and delivery obstacles has. Therefore, a copy of the consignment note shall accompany the goods.

A signature by the carrier is not required (as opposed to the provisions of article 5 paragraph 1 of article 6, paragraph 2 of the CMR or the Warsaw Convention (WA ))! On request of the consignor, the carrier shall, however, to sign the bill of lading. However, the probative force of § 409 HGB, only the letter signed by both sides Waybill

Proof of function

The duly issued and signed by both parties waybill proves gem. § 409 HGB, the conclusion and content of the contract of carriage and the acquisition of the goods by the carrier and creates a presumption that the goods and their packaging in the adoption by the carrier in apparent good condition have been and that the number of packages, their marks and numbers with the information in the consignment note match (so-called rebuttable presumption of proof ), with the- similar art.9 CMR on the assumption a reversal of the burden of proof connected. According to § 292 of the Code is then subject to proof to the contrary, be assumed that the presence of the listed fact.

The carrier can not verify the information on the bill of lading, he may enter a reservation to in the bill of lading.

Where there is no waybill or bill of lading not duly signed, does not attack the rebuttable presumption of proof of § 409 HGB! Then apply the general rules of evidence. The signed bill of lading from one side only can but get the general proof effect of a certificate pursuant to § 416 ZPO in individual cases, which showed that although not the content of the statement, but its output can be proved.

Acknowledgment function

In addition, the bill of lading is in relation to two different objects a receipt function ( § 368 German Civil Code):

For the transfer procedure ( § 409 para 1 Variant 2 HGB),
For certain information concerning the cargo ( outward condition, quantity and character to § 409 section 2 HGB; gross weight in accordance with § 409 paragraph 3 HGB )

This rebuttable presumptions evidence can be excluded by reservations by the carrier that has this written on the bill of lading. These reservations do not need to be approved by the sender to be effective.

Functions of the consignment note in payment

During completion of the purchase price paid for the delivered goods the freight bill comes in different ways meaning:

Payment against invoice

Here, the bill of lading does not matter usually.

Documentary Collections

In the documentary collection is included in the purchase contract usually the clause cash against documents basis. Thus, the maturity of the purchase price debt is advanced in certain circumstances at the time of dispatch of the goods, without the buyer may inspect the goods prior to payment.

The document collection is based on the blocking effect of the bill of lading in accordance with § 418 HGB Abs.6 (unless specifically structured in this way! ); is configured according to the bill of lading, the transfer holder may exercise his right of disposal only upon presentation of the sender copy of the consignment note!

After handing over the goods to the carrier, the seller hands over his waybill copy of a bank appointed by him, so this makes the collection. This in turn commissioned a rule, a bank involved by the importer, the importer submits the documents for review. If the Buyer accepts and receiver of the goods, the documents conform to the contract, he shall send his bank to pay the purchase price, instruct; this will transfer the purchase price to the seller's bank. The Bank of the seller then issues the seller on his account will be credited.

The bill of lading then transforms into a kind of collateral, as soon as the seller's bank financed the debt collection claim or buys as a Factor and the seller shall provide to the transfer of its bill of lading copy down payment.

Documentary

The documentary is the classic means of payment in cross- border trade.

According to German law (if applicable in this particular case ) is including an abstract promise to pay within the meaning of § 780 BGB understood.

The buyer of the goods entrusted a bank in its country of import and opened with this a letter of credit in favor of the seller. The letter of credit essentially has a payment function. The issuing bank guarantees the customer while, the beneficiary seller pay the purchase price as soon as it presents its certain documents. Unlike the documentary collection, the seller needs with respect to the willingness to pay and ability of the buyer not to worry, if the letter of credit is irrevocable. By the letter of credit, the seller thus receives an independent claim for payment directly against the Bank.

Approved / Usual documents at the documentary: Sender copy of the bill of lading. Art.24 UCP 600 governs the acceptability of transport documents, the road, rail or inland waterway transport by the banks. These include the waybill with double locking function of the international rail transport as well as the original of international road freight transport as well as the bills of lading of the national freight transport. Article 23 UCP 600 governs this for shipping papers for air transport.

Innovation

With the changes made by the since April 25, 2013 came into force the law on the reform of maritime law it is the first time be able to make use of electronic bills of lading ( see in this respect the new to the existing § 408 HGB added paragraph 3 ).