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Stale Bill Of Lading Template for Austria

This document addresses the handling of bills of lading that are presented after the arrival of goods at their destination port, under Austrian law and commercial regulations. It incorporates provisions from the Austrian Commercial Code (UGB) and relevant international maritime conventions, while ensuring compliance with EU trade regulations. The document provides a legal framework for managing delayed shipping documentation, protecting parties' interests, and establishing procedures for cargo release when original bills of lading are presented late. It includes specific provisions for bank acceptance, customs clearance, and liability allocation under Austrian jurisdiction.

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What is a Stale Bill Of Lading?

The Stale Bill of Lading document becomes necessary when a bill of lading is presented after the cargo has arrived at its destination port, creating potential complications in the regular shipping and documentation process. This situation commonly occurs in international trade transactions where documentation delays arise due to various factors such as postal delays, bank processing times, or complex transaction structures. Under Austrian law, this document provides a standardized approach to managing such situations, incorporating requirements from the Austrian Commercial Code (UGB), international maritime conventions, and EU regulations. It includes essential provisions for cargo release, bank acceptance, and liability protection, while ensuring compliance with Austrian legal requirements and international trade practices. The document is particularly crucial in letter of credit transactions where timing of document presentation is critical.

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

1. Original Bill of Lading Details: Information from the original bill of lading including bill number, date of issue, and issuing carrier

2. Vessel and Voyage Information: Details of the carrying vessel, voyage number, and actual arrival date

3. Cargo Description: Detailed description of the goods, including quantity, weight, and packaging

4. Parties Information: Details of shipper, consignee, notify party, and current holder of the bill of lading

5. Port Information: Loading and discharge ports, including actual dates of departure and arrival

6. Cargo Status Declaration: Current status of the cargo, including confirmation of delivery if applicable

7. Bank Details: Information about any banks involved in the transaction, especially if under letter of credit

8. Indemnity Statement: Standard indemnity clause protecting parties accepting the stale bill

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

1. Letter of Credit Details: Required when the shipment is under a letter of credit, including LC number and issuing bank

2. Cargo Condition Report: Needed when there are concerns about cargo condition upon arrival

3. Customs Status: Required when customs clearance has already been processed due to late presentation

4. Third-Party Claims: Included when there are existing claims or disputes related to the shipment

5. Special Handling Instructions: Required for sensitive or hazardous cargo that needed special treatment during delay

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

1. Original Bill of Lading Copy: Copy of the original bill of lading document

2. Delivery Receipt: Proof of delivery if cargo has been released

3. Vessel Arrival Notice: Official documentation of vessel arrival date

4. Bank Endorsements: Any relevant bank endorsements or amendments

5. Customs Documentation: Copies of customs clearance documents if processed

6. Survey Reports: Any cargo surveys conducted due to the delay

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Austria

Document Type

Bill of Lading

Cost

Free to use

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