Stale Bill Of Lading for Germany

Stale Bill Of Lading Template for Germany

A Stale Bill of Lading document under German law is a formal written instrument used when the original bill of lading has become stale (typically more than 21 days old) or is otherwise unavailable at the discharge port. This document, governed by German commercial law (HGB) and international maritime conventions, provides a legal framework for the release of cargo without the original bill of lading, incorporating necessary indemnities and guarantees to protect the carrier's interests. It includes specific provisions compliant with German banking regulations and trade practices, particularly when letter of credit transactions are involved.

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What is a Stale Bill Of Lading?

A Stale Bill of Lading document becomes necessary when the original bill of lading has not arrived at the discharge port in time for cargo collection, typically when it is more than 21 days old from the date of issuance. This situation commonly arises in international trade due to postal delays, administrative issues, or complex documentary credit requirements. Under German law, particularly the German Commercial Code (HGB), specific procedures must be followed to ensure legal cargo release without the original document. The Stale Bill of Lading document includes comprehensive indemnity provisions, bank guarantees where applicable, and detailed cargo identification information. It is particularly relevant in cases involving letter of credit transactions and international trade operations where German law governs the transaction. The document must comply with both German national regulations and international maritime conventions ratified by Germany.

What sections should be included in a Stale Bill Of Lading?

1. Header Information: Date, reference numbers, addressee details (carrier/shipping line), and subject line clearly indicating this relates to a stale bill of lading

2. Original Bill of Lading Details: Complete details of the original bill of lading including number, date of issue, vessel name, voyage number, port of loading/discharge, and cargo description

3. Current Status Declaration: Statement explaining why the bill of lading is stale and current location/status of the cargo

4. Delivery Instructions: Clear instructions for the release/delivery of cargo, including consignee details and delivery location

5. Indemnity Statement: Standard indemnification clause protecting the carrier against claims arising from delivery without original bill of lading

6. Bank Reference: If applicable, reference to any letter of credit or bank involvement in the transaction

7. Signature Block: Authorized signatures, company details, and contact information

What sections are optional to include in a Stale Bill Of Lading?

1. Bank Guarantee Reference: Include when a bank guarantee has been issued to cover the stale B/L

2. Customs Status: Include when there are specific customs clearance issues or requirements

3. Storage Instructions: Include when cargo requires specific storage or handling instructions

4. Insurance Declaration: Include when specific insurance arrangements are in place for the cargo

What schedules should be included in a Stale Bill Of Lading?

1. Original Bill of Lading Copy: Copy of the original bill of lading marked as 'Copy for Reference Only'

2. Bank Guarantee: If applicable, copy of the bank guarantee or indemnity

3. Cargo Survey Report: If required, recent survey report confirming cargo condition

4. Authorization Documents: Copies of power of attorney or corporate authorization for signatories

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Genie AI

Document Type

Bill of Lading

Cost

Free to use
Relevant legal definitions
Relevant Industries

Maritime Transportation

International Trade

Banking & Finance

Logistics & Supply Chain

Import/Export

Manufacturing

Retail

Commodities Trading

Agriculture

Energy

Relevant Teams

Legal

Shipping Operations

Trade Finance

Documentation

Compliance

Supply Chain

Risk Management

International Trade

Banking Operations

Port Operations

Relevant Roles

Shipping Manager

Trade Finance Manager

Logistics Coordinator

Documentation Officer

Legal Counsel

Compliance Officer

Supply Chain Manager

Import/Export Manager

Banking Operations Manager

Freight Forwarding Manager

Port Operations Manager

Trade Operations Specialist

Credit Manager

Risk Management Officer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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