Comprehensive information about missing waybills

The loss of a bill of lading is a distressing situation that always arises for traders and merchants in international commercial transactions. If a bill of lading, which is one of the most important documents in international trade, is lost during transfer to the receiver, bank, or elsewhere, what steps should the sender or receiver take to obtain the lost bill of lading?

It is not always possible to prevent incidents, and sooner or later, any individual or legal entity may face the issue of a lost bill of lading. Join us in this article to learn about the steps outlined for handling this situation and to become more familiar with the process of dealing with a lost bill of lading.

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For more information and to learn more about the steps for obtaining a lost bill of lading or other international shipping documents, you can contact Torang Darya Shipping Company and benefit from the expertise of their specialists.

021-42034000

 

Steps for Issuing a Lost Bill of Lading

In case a bill of lading is lost or destroyed, in order to claim ownership of the goods without presenting the original bill of lading, or to request a reprint of the bill, the following documents must be provided.

 

Letter from the Sender

In the first and most crucial step, a letter from the sender (on the sender’s company letterhead) must be prepared, stating clearly that the bill of lading in question has been lost. The letter should provide a detailed description of the situation and include confirmation of the bill's loss and the request for the reissuance of the bill of lading. If the bill of lading was lost by a postal company, in addition to the sender’s letter, a letter from the postal company should also be provided, detailing the loss and the associated damages.

 

Sender's Authorization

The sender's authorization serves a different purpose than a compensation letter or a bank guarantee, which we will discuss further. The sender's authorization ensures that the sender has not held the bill of lading pending payment for the shipment. Therefore, this authorization first confirms that the main sales transaction has been completed, subject to the mutual agreement between the parties for the shipment of the goods.

 

Court Order

The sender needs to obtain a court order stating that the carrier or shipping line can deliver the goods to the owner. This legal order is based on the issuance of a guarantee letter at the request of the goods owner, and it is necessary for the approved amount to be submitted to the court in order for this step to be carried out.

 

Letter of Indemnity

This document is a formal letter stating that the company signing it will not make any claims against the carrier for releasing the shipment without the presentation of the original bill of lading. By signing this letter, the company commits to defending the carrier against any third-party claims. The carrier must obtain a letter of indemnity from the sender to be released from liability for transporting the goods under the terms and conditions of the lost original bill of lading. In some cases, and at the court’s discretion, the sender may be required to cover legal fees and other related costs to the shipping line.

 

It is worth mentioning that the letter of indemnity must be provided to the carrier by both the sender and the receiver, and issuing it solely by the sender is not sufficient. This is because, in addition to protecting the carrier from claims by the sender or receiver for incorrect delivery of the shipment, the letter of indemnity ensures that neither party holds the original lost bill of lading. The letter of indemnity instructs the carrier to either reissue the lost bill of lading or permits the release of the shipment without it. Therefore, both parties must have a written agreement on the actions to be taken. It is also important to note that although the letter of indemnity includes a commitment by the signing company to compensate the carrier and releases its liability, it does not guarantee that the sender has sufficient funds to fulfill their indemnity obligations. For this reason, a bank guarantee is required at this stage

 

Invoice and Packing List

The sender must prepare and send the invoice and packing list, which detail the items and contents of the shipment. The invoice and packing list, prepared by the sender, must contain the following information:

  • The quantity and actual value of the shipment

  • A detailed description of the goods

  • Exact details of the seller and buyer

  • Packaging and product specifications

  • Country of origin and destination

  • Date and place of shipment

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    What is a Bill of Lading (BL)?

    A Bill of Lading (BL) is a legal document that specifies the type, quantity, and destination of the shipment. The bill of lading is issued by the forwarder or carrier and serves as a receipt for the delivery of the goods. It certifies that the goods have been loaded onto the mode of transport. Any individual or entity holding the original bill of lading can claim the goods by presenting the bill of lading to the carrier or its representatives. The release of the shipment being carried under this bill of lading can only be done upon the delivery of the bill of lading to the carrier.

     

    Is it possible to obtain a new Bill of Lading if the original one is lost?

    If the original Bill of Lading is lost, stolen, or destroyed in any way, it is usually not possible to receive a new Bill of Lading unless the original is found. There are several steps and actions that must be taken by the carrier, importer, or exporter in the case of a lost Bill of Lading.

    Is it necessary to publish a newspaper notice for the lost Bill of Lading?

    Yes, it is necessary to publish a notice regarding the lost Bill of Lading. In addition to the above steps, an advertisement in reputable newspapers must be published to inform the public about the cancellation or loss of the original Bill of Lading.

     

    How is a Bill of Lading (BL) Transferred?

    If the Bill of Lading (BL) is negotiable, the right to take possession of the cargo can be transferred to another party through endorsement.

    Conclusion

    The loss of a Bill of Lading (BL) is one of the most problematic documents that can occur in the field of transportation and trade. However, by being aware of the existing conditions before it happens, we can make it easier to overcome this issue. For further information on the steps to recover a lost Bill of Lading or other international transportation documents, you can contact Torang Darya Shipping Company and benefit from the expertise of the specialists at this company.

    We hope we have provided you with complete information regarding the loss of a Bill of Lading (BL). However, if you need more information about a lost Bill of Lading, you can contact the experts at Torang Darya Shipping Company.