Can I stop a telex release on a bill of lading after I have requested for it..?? This was a question asked by a reader (Harcourt).. A very tricky but interesting question..
Before we get to the discussion, lets refresh what a TELEX RELEASE is..
As described in my previous article What is a Telex Release :-
“A telex release is simply a message that is sent by the shipping line or agent at load port to their office or agent at discharge port advising that the shipper or exporter has surrendered one or all of the original bills of lading that have been issued to them, and that the cargo can be released to the consignee shown on the bill of lading without presentation of any original bills of lading..”
The process of telex release is
- Original bill(s) of lading is issued to the shipper after the sailing of the ship
- If shipper requires a Telex Release to be issued for reasons mentioned in the above post, he will surrender all issued Original(s) to the shipping line or agent
- Shipping Line/Agent checks that the same bills have been returned
- Shipping Line/Agent sends the Telex Release message to the discharge port agent confirming that all Original Bills pertaining to this shipment has been surrendered and the release may be given to the consignee after collection of all charges due as per the manifest
One IMPORTANT POINT TO BE NOTED is that a Telex Release can be issued only on a STRAIGHT BILL OF LADING and never on a NEGOTIABLE/ORDER BILL OF LADING..
In the case of a Straight Bill of Lading the destination agent is allowed to release cargo only after collecting the Original(s) Bill of Lading..
Once a Straight Bill of Lading is surrendered back to the shipping line, should it be considered that the shipper has relinquished the ownership and transferred it to the consignee by virtue of the surrender and Telex Release sent..??
Recalling a Telex Release would then mean that the Original Bill of Lading to be returned to the shipper which would then put the ownership of the cargo back into his hands..??
Taking the above into account should the shipping line/agent agree to recall the Telex Release if the shipper requests it..??
Personally I haven’t come across such a situation, but such an action has its consequences as one can imagine..
Between the time a Telex Release is issued and is recalled, the destination agent could have released the cargo to the consignee by virtue of the Telex Release..
It of course goes without saying that if the release has already been effected at destination, then this request will have no bearing..
What are your comments, thoughts on this one..??
Signing off using a Telex Style ++++
Image Credits :
- http://www.samhallas.co.uk/museums/henlow – for the Telex Machine
- http://www.toonsup.com/users/h/hsbcartoon – for the discussion