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Original B/L vs Telex Release vs Sea Waybill

1. The two documents

Original bill of lading, telex release, and sea waybill are three release mechanisms for the same carriage.

The commercial consequences differ substantially.

2. The original bill of lading

Issued in a set, typically three originals.

The consignee must present one original to take delivery.

Release is controlled by possession.

The cost

Courier of the original set: a day to several days depending on the route, with a courier charge.

The risk

The set is delayed or lost, the goods arrive before the document, and demurrage accrues.

3. The telex release

The shipper surrenders the originals at the loading port, and the carrier’s origin office instructs the destination agent to release without an original.

The cost

Lower: no courier of originals, and the release instruction is electronic.

The risk

Release happens on the shipper’s instruction. Where the shipper instructs before payment, the goods are released to an unpaid buyer.

4. The sea waybill

A non-negotiable document naming the consignee, who takes delivery on identification.

No original, no endorsement.

The cost

Lowest.

The risk

The goods are delivered to the named consignee regardless of payment.

5. The selection logic

The choice is a function of who bears the risk of non-payment.

Buyer pays in advance

Any mechanism. Sea waybill is simplest.

Letter of credit

The credit specifies. Usually a full set of originals.

Documents against payment

Originals, presented through the banks.

Open account with a trusted buyer

Sea waybill or telex release.

Open account with a new buyer

Originals, or telex release after payment confirmation.

6. The credit’s requirement

Where the credit requires a full set of original bills of lading, neither a telex release nor a sea waybill satisfies it.

The credit’s document clause governs, and asking for an amendment is the only route.

7. The Incoterms interaction

Under FOB and CFR, the buyer arranges carriage and may nominate the release mechanism.

Under CIF and CIP, the seller arranges carriage and chooses.

Where the seller arranges carriage under a term that gives the buyer control, the seller should ensure the release mechanism protects them.

8. The demurrage arithmetic

Where originals are delayed, the goods sit at destination.

Demurrage and detention accrue daily, and in many ports they escalate.

A telex release costs less than a day of demurrage in most trades. The decision is usually not close once the arithmetic is done.

9. The risk of telex release with a new buyer

Telex release is fast and cheap, and it releases the goods without the shipper holding a document.

Where the buyer has not paid, the shipper has given away the goods.

This is the single most common avoidable loss in the three-way choice.

10. Closing view

The three mechanisms are a risk-pricing decision rather than a documentation preference.

The cheapest mechanism is appropriate where the payment risk is low. Where it is high, the documentary control is what the price is for.

*This article is based on standard carriage documentation and documentary credit practice. Exporters should consult their carrier and bank on specific transactions.*

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