LAY-TIME (Astarya)
It is an expression that indicates the number of days, hours and minutes in which loading or unloading will take place.
Astarya = Daily loading and unloading amount given for Loading & Unloading The
amount to be loaded or loaded on the ship
. Since this time determined is included in the freight agreed between the parties, no additional fee can be charged for this. The days of lining are determined by the "Notice of Readiness" (preparatory letter). For this reason, it is very important that the date and time of issuance, reception and acceptance be stated and proven in writing in the preparatory letter.
The negative effect of weather conditions on loading/unloading is eliminated by placing the phrase "Weather Working Days" next to the found days while determining the lining days. In addition, the days of lining are tried to be extended with SHEX (Sunday Holiday Excepted) or FHEX (Friday Holiday Excepted) phrases. In addition to these, the phrase "Even If Used" is included in the demurrage by stating that Friday, Sunday and holidays cannot be counted as lining days even if the holidays are worked (a situation that occurs against the carrier).
DEMURRAGE (Surastaria)
It is the fare that the shipper agrees to pay when the lining days are exceeded. If the loading or unloading has not been completed when the days of the determined lining are over, the shipper is obliged to pay a fee to the carrier under the name of demuragge. Demurrage can also be called container rent. The tariff specified in the bill of lading shows the amount that must be paid legally, rightly or wrongly. If no price is specified, the price deemed appropriate by the court will be applied.
It has been defined in Articles 1030 - 1030 of the Turkish Penal Code, with the provision regarding the undercoat and the overlay.
WAREHOUSE
It is the rent paid by each vehicle using the port area. The storage fee increases in parallel with the time used. The customer pays the warehouse for the full container, and the agency pays the warehouse for the empty container. The first 3 days are not taken from the full export containers. However, as soon as the container lands at the discharge port, the warehouse fee starts to work. Warehouse is a fee requested by the port administration.
BOOKING NOTE
A cargo owner who wants to have his cargo transported by sea, goes to the owner or operator of the ship he is interested in; It negotiates the characteristics of its cargo, the port it wants to send, the port where it wants to be loaded, and the date when the cargo can be ready for loading. If an agreement is reached, a "booking note" is signed. Including an option period in the booking notes eliminates the possibility of the document being considered a contract in the future. At the end of the option, the deal automatically expires.
LOADING ORDER
The parties that reach a preliminary agreement with the Booking note receive a request letter from the cargo owner before handing over a loading slip to the ship for the cargo to be loaded on the ship. It gives the 3 copies of the loading order (Mate's receipt) to the uploader and allows the goods to be loaded. Prepared 3 copies;
- After the cargo is actually loaded on the ship, it is returned to the shipper after it is signed by the ship's master or the second master and sealed with the ship's seal. If there is any damage to the load or the packaging and/or the issues concerning the load are written and signed on this copy. Since this copy proves the condition in which the cargo was actually loaded on the ship, the agency gives the bill of lading to the shipper based on this.
- This copy signed by the agency remains on board. The ship's captain checks the other documents (manifesto, bill of lading, etc.) issued by the agency with this copy during transportation or unloading.
- This copy is prepared to be placed in the ship's file with the agency, and is kept in the file together with the loading instruction of the loader and the tradable/non-saleable copy of the bill of lading.
MANIFEST
What is the incoming or outgoing good, its weight, how it is packaged, to whom it will be delivered at the destination, etc. showing document. The manifest is prepared by the shipping party's agent and sent to the discharge port agent. The agency at the port of discharge has the manifest translated and delivered to the customs within 24 hours at the latest. When the goods arrive at the discharge port, the cargo on the ship is checked with the translated manifest and if deemed appropriate, an order to unload the ship is given. If the ship is to call at more than one port, a separate manifest is prepared for each port and sent to the relevant ports. If loading will be done at other ports, the agencies in those ports also issue a manifest and send it to the relevant ports. Manifesto is an important document due to customs tracking of the goods on board. The manifest is simply a detailed breakdown of the goods on board.
DESPATCH
If the shippers complete the loading and unloading before the end of the designated lining days, the shippers have the right to charge a fee from the carriers or the ship owners. Usually half the demurrage fee is accepted. By using the phrase "Free Despatch", no possible despatch fee is paid.
Bill of Lading
(TCC 5th Section Art.1097-1118)
It is a valuable document that indicates the condition in which the cargo is taken to the ship, loaded, under which conditions it will be transported and delivered. It is the document that shows the ownership of the goods together with the container seal numbers, on whose behalf it is arranged and endorsed, and for which goods it is issued, that all rights and responsibilities arising from the laws and on the goods belong to that person. Bill of lading is the document that proves that the loading has been done or will be done. According to TCC Art.1098, the information that should be in the bill of lading is as follows;
- Captain's name and surname,
- Name and surname of the carrier / Trade name,
- The name and nationality of the ship,
- Name and surname of the shipper / Trade name,
- Name and surname of the sender / Trade name,
- The port of loading,
- The port where the evacuation will take place or the place where instructions will be received,
- Goods loaded on the ship or received for transport;
o Genus,
o Size,
o Number, weight or quantity,
o Brands,
o Externally obvious condition and cost,
- Conditions of freight,
- Prepared copies.
The ship's authority gives one copy to the cargo owner and the other copy to the ship owner by writing to the loading order sent to the ship, if any, the necessary reserves, notes, loads and packaging information about the cargo. The ship owner or agent issues a bill of lading according to the delivery order and delivers it to the cargo owner. Bills of lading with the phrase "Not Negotiable" cannot be endorsed or transferred in any way.
Received Bill of Lading: It is prepared when it is not necessary to deliver the cargo to the ship. Such bills of lading are prepared when they are delivered to the freight carrier for carriage. (Delivery Bill of Lading)
Loading Bill of Lading: If an annotation is given on when and on which ship the cargo is loaded, this bill of lading becomes a bill of lading.
In order to avoid a dispute in bill of lading works, attention should be paid to the following points;
- When the documents are required to be submitted, they should be presented as a complete set.
- Changes must have been approved by an authorized person of the ship operator or agency.
- If the bill of lading bears an annotation that the cargo is damaged due to insufficient packaging of the particular cargo, it must be acceptable to the bank for financial payment due to the absence of a clean bill of lading.
- The document must bear the phrase "ONBOARD".
- Bearing the annotation "ONBOARD" but not dated, signed and/or initialed by the agent.
- If the bill of lading is issued by order, not having an open endorsement.
- If the terms of the credit refer to CF or CIF contracts, the bill of lading should bear the phrase "FREIGHT PREPAID" (Freight prepaid).
- If the freight fee is included in the invoice, the bill of lading must bear the phrase "FREIGHT PREPAID".
- If the letter of credit states that the bill of lading must be written directly to the name, the bill of lading should not be prepared as an order.
- The bill of lading must not bear a date after the date specified as the last date of shipment in the letter of credit.
- Bill of lading must be deposited within 21 days from the date of shipment.
- The detail of the goods on the bill of lading should not be different from the delivery note.
- Since it is required in the letter of credit, the freight amount must be shown.
- The upload must not have been made in a different port than the one written.
- Other types of bills of lading should not be presented or prepared, even though they are not clearly official.
In case the bill of lading is lost, the shipowner requests a bank letter of guarantee from the buyer. As a result, customers have to pay interest to the bank every 3 months in return for a letter of guarantee. Generally, 5-year guarantees are required in Turkey.
Another solution is to issue a disappearance notice with a court decision. Thus, a new bill of lading is issued. However, personal or bank commitment may be required.
