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Subject: Re: [ubl] Definitions of the Name element


Hello,
I think it is not always true the "name" is showing the document type, 
it is true for WayBill and Bill of Lading but other times is just a name 
giving a general description to the document content. A "name" normally 
do not change the meaning/behaviour of the document.

The Bill of Lading and Waybill are a special case because they have a 
sort of sub-document type dependent of the context of use, issuer, ...
In some way from the technical point of view it is an error to write the 
B/L name instead of a coded value, but the reality is the Bill of Lading 
is still a paper and an historical document where the B/L name printed 
on the paper has a precise meaning and it changes the meaning/behaviour 
of the document.

A near complete B/L terminology:
• ocean/marine the classic B/L, a negotiable instrument used for goods
shipped on board ocean-going vessels.
• on board/shipped a B/L evidencing the loading on board of cargo in
good condition.
• received for shipment a B/L which only evidences that goods have
been received, not that they have been loaded on board; common with
container shipments delivered to port terminal; must be converted by
subsequent "on board" notation if shipper needs an 'on board' or
'shipped' document for payment under a documentary credit.
• clean a B/L which contains no notation indicating that the goods have
been wholly or partially lost/damaged.
• dirty/foul/claused a B/L with a notation to the effect that the goods
have been partially/wholly lost or damaged.
• straight a non-negotiable B/L; consignee only needs to identify himself
to pick up the goods
• order a negotiable B/L, issued 'to the order' of a particular party,
commonly the shipper.
• through a B/L used when shipment involves successive transport
stages with different carriers.
• direct a B/L for direct transport between loading and discharging ports.
• multimodal/combined transport a B/L issued to cover transport
involving successive stages via different transport modes, e.g. road
transport followed by sea followed again by road transport.
• FIATA FBL (FBL) a standard form B/L issued by a freight forwarder;
considered under the UCP500 - along with other forwarder bills in
which the agents accept full responsibility as a carrier - as acceptable
as a clean on board B/L issued by a carrier.
• house a B/L issued by a forwarder in its own name (house) covering
grouped consignments.
• freight pre-paid a B/L indicating on it that the freight has been paid.
• liner a B/L issued subject to the terms and conditions of a shipping
line.
• short-form a B/L which does not contain the full terms and conditions
of the contract of carriage; instead, it contains an abbreviated version
of the carrier's condition, with a reference to the full set of conditions.
• stale a B/L which is presented late (for documentary credit purposes, a
B/L must be presented within a certain number of days after shipment).
• full set of originals for documentary credit or collection purposes, the
buyer may require the seller to produce a full set (commonly up to
three) of signed originals - that is, B/L's which bear the original
signature of the ship's master or agent.
• waybill a non-negotiable transport document.

---

jon.bosak@sun.com ha scritto:
> [Roberto:]
>
> | >    BillOfLading: The business name given to the document type.
> | 
> | Here the reason a Bill of Lading can effectively act differently
> | (legally) and called for example "Sea WayBill".
>
> Aha.  So here we have another doctype-specific definition.
>
> In the JPLSC comments we worked through in concalls last November,
> our conclusion on JPLSC item 23 was recorded as:
>
>    23. Agree with the change suggested by JPLSC.  In addition,
>        however, we note that there are errors in columns R and S
>        from row 8 downward; compare ForwardingInstructions.
>
> "The change suggested by JPLSC" was:
>
> | The definition says 'The business name given to the document
> | type.'.
> | 
> | This should  be 'Name of a Bill Of Lading.'
> | 
> | Reason: Make simillar to the other Definition like the Name of
> | Forwarding Instructions.
>
> We agreed to this change, but from what Roberto has said above,
> the definition of Name in BillOfLading is correct as is: "The
> business name given to the document type."  (And the example he
> gives should go into the spreadsheet as an example, I think, along
> with "House Bill", "Consolidated Bill of Lading", and "Proforma",
> which are currently in the wrong cell, but that's about to be
> fixed.)
>
> Is this true of any of the other doctypes (aside from Catalogue)
> that have Name as an element -- that they are not simply "The name
> given to a particular instance of the document type"?
>
> Jon
>
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