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Bill of Lading Related Questions

A bill of lading is a legal document between the carrier and the shipper detailing the quantity, destination and type of goods being carried. When the goods are delivered to their destination, the bill of lading also serves as a receipt of shipment. It is required to be signed by an authorized representative from the carrier, shipper and receiver, irrespective of the form of transportation and should accompany the shipped goods. However, individuals may have issues in understanding terms relating to this document. Read below where Experts have answered questions relating to Bill of Lading.

Can a Bill of Lading be switched to the consignors name after the shipment has departed?

A Bill of Lading is a legal document confirming that a valid contract exists between the consignor and carrier. Usually it cannot be switched to the consignors name on departure of the shipment. In some cases this could be considered a fraudulent activity unless the contract is switched to the name of the consignor.

Is there a Data Protection Act that forbids websites from posting the consignees address on their website?

The name and address of the seller and buyer are not protected as the details furnished on a bill of lading are public record. However, a privacy act safeguards the release of the social security number (SSN) and the date of birth (DOB) but not the name and address if it is part of the government public records.

Is a bill of lading required for private truck fleets?

Usually, private carriers transporting their own products for their own use would not require a bill of lading. However, if the products that are being transported require placards when transporting hazardous materials, a bill of lading would be required.

What are the prerequisites for a carrier transporting household articles across state lines?

A carrier should ensure payment of tariff in conformity with the requirements of the Interstate Commerce Commission. The shipper is usually allowed to choose between two or more levels of liability and his/her agreement to the carrier liability limit. A bill of lading needs to be issued prior to shipment to support this agreement. Additionally, per the carrier, a shipper may be required to make a claim to it within 9 months of the shipment and a civil action may be instituted within a period of 2 years after such a claim has been denied.

What is the legal standing of a past practice?

A past practice has no legal standing. However, in issues such as contractual disputes, it could be used as evidence of industry standard or a custom. In such cases, it would be up to the judge to establish that the best practice was an understanding of both parties. In any case, if a party used a bill of lading, then the document would be considered over the past practice.

A bill of lading is a documentary agreement between a consignor and a consignee to transport goods. While the document protects the interests of both parties, it could become tedious in understanding terms related to it. When questions arise turning to an Expert for help may prove to be useful.
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