By selecting UK flag, you have now set your site language to English. If you'd like to change your language preference again, simply click on one of the other flags.

Close

こちら Japan flag を選択して頂くと、言語設定が日本語に切り替わります。設定変更後は以下の機能が利用可能です。

  • 日本語版ウェブサイトへのクイックアクセスが可能となり、日本語の刊行物をご覧頂けます。

  • 日本語版が閲覧可能な刊行物や記事については、日本語が優先表示されます。表示言語については Japan flag をご参照下さい。

閉じる 言語設定を切り替えたい場合には、国旗のマークをクリックして下さい。

By selecting Japan flag, you have now set your language to Japanese. This has several benefits, including:

  • Providing quick access to our Japan page, which collates all our Japanese content in one place.

  • Ensures that content is presented to you in Japanese first, if we have an article, publication or webpage available in Japanese. Look out for the Japan flag indicators across the site.

Close If you’d like to change your language preferences again, simply click on one of the other flags.

点击选择 China flag,可将网站语言设置为中文。这能帮助您:

  • 快速访问我们的中国区页面,该页面将有网站内容的中文汇总。

  • 在我们的文章、出版物或者网页有中文版本提供的情况下,确保首先向您展示的是中文版本的内容。您可关注站点上的 China flag 按键。

关闭 点击任意其他国旗,可切换您的语言偏好。

By selecting China flag, you have now set your language to Chinese. This has several benefits, including:

  • Providing quick access to our China page, which collates all our Chinese content in one place.

  • Ensures that content is presented to you in Chinese first, if we have an article, publication or webpage available in Chinese. Look out for the China flag indicators across the site.

Close If you’d like to change your language preferences again, simply click on one of the other flags.

North has merged with Standard Club to form NorthStandard.
Find out more about NorthStandard here or continue on this site to access information and resources.

Electronic Release Systems - Keep Your PIN Codes Safe

Add
PDF

Liner operators using Electronic Release Systems (ERS) should be aware that even when the original bill of lading has been presented, they still have a duty to ensure cargo is delivered to the correct receivers.

A recent English High Court case looked at circumstances where a ‘To Order’ bill was issued which contained the following term:

“If this is a negotiable (to order/of) bill of lading, one original bill of lading, duly endorsed must be surrendered by the merchant to the carrier … in exchange for the goods or a delivery order”.

The receiver’s agents had the original bill and presented it to the carrier.

However, rather than issuing a delivery order, the cargo delivery was handled under an ERS whereby the receiver was provided with a computer generated set of  electronic numbers (Import Pin Codes) which in turn were to presented to the Terminal for delivery of the goods.

Unfortunately some of the cargo was released to unauthorised personnel who, it appears, had gained access to the Import Pin Codes. The carrier argued that they had discharged their duty regarding delivery of the cargo and were therefore not liable for the loss. However, this argument was rejected by the judge who concluded that the Import Pin Codes were not  delivery orders as referred to in the bill of lading and there was no implied term in the bill suggesting that they acted as such.

The use of Delivery Orders is an established procedure and practice, but the decision of the Judge reinforces a carrier’s obligation to deliver goods shipped under the bill of lading in line with the terms contained in the contract of carriage and to ensure that a person presenting an Import Pin Code has obtained it legitimately.

Those Members using ERS may wish to review their release processes in light of this decision.

Glencore International AG v Mediterranean Shipping Company SA [2015] EWHC 1989 (Comm).

Welcome to

We've merged with Standard Club to form NorthStandard, this means a new name and look for us, and even better service, support, and cover for you.

You can find out more about NorthStandard on our new website here. As part of the NorthStandard Group, please continue to use nepia.com for your industry news, publications and expertise as well as club rules and contacts.