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Bank Guarantee For Lost Bill Of Lading for Australia

Bank Guarantee For Lost Bill Of Lading Template for Australia

A Bank Guarantee for Lost Bill of Lading is a financial instrument issued under Australian law that provides security to shipping lines/carriers when delivering cargo without the original bill of lading. The document serves as a bank's undertaking to indemnify the carrier against potential claims arising from such delivery. It operates within the framework of Australian banking regulations and maritime law, incorporating relevant provisions from the Banking Act 1959 and the Carriage of Goods by Sea Act 1991. The guarantee typically remains valid until the original bill of lading is surrendered or for a specified period, protecting all parties involved in the cargo delivery process.

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What is a Bank Guarantee For Lost Bill Of Lading?

The Bank Guarantee For Lost Bill of Lading is a crucial document in Australian maritime trade, typically required when the original bill of lading has been lost, delayed, or misplaced, but the cargo needs to be released to the legitimate receiver. This guarantee, governed by Australian law and banking regulations, serves as a bank's undertaking to protect the carrier against potential third-party claims arising from delivery without the original document. It is commonly used in time-sensitive situations or when cargo arrives before documentation, particularly in containerized shipments. The guarantee amount usually represents 200% of the cargo value, providing adequate security for the carrier while enabling smooth cargo operations. The document incorporates provisions from both Australian banking and maritime legislation, ensuring comprehensive protection for all parties involved.

What sections should be included in a Bank Guarantee For Lost Bill Of Lading?

1. Parties: Identifies the bank issuing the guarantee, the applicant (usually the cargo receiver), and the beneficiary (usually the shipping line/carrier)

2. Background: Explains the circumstances of the lost bill of lading, details of the shipment, and the need for the guarantee

3. Definitions: Defines key terms used in the guarantee including 'Bill of Lading', 'Cargo', 'Vessel', 'Original Bills of Lading', etc.

4. Guarantee Amount: Specifies the maximum amount of the bank guarantee, typically 200% of the cargo value

5. Scope of Guarantee: Details what the bank is guaranteeing and under what circumstances

6. Bank's Undertaking: The bank's commitment to pay upon first demand if specified conditions are met

7. Duration and Validity: Specifies how long the guarantee remains valid and any extension conditions

8. Conditions for Payment: Lists the circumstances and documentation required for the beneficiary to claim under the guarantee

9. Governing Law and Jurisdiction: Specifies that Australian law governs the guarantee and determines the jurisdiction for disputes

10. Notices: Details how and where formal notices under the guarantee should be given

What sections are optional to include in a Bank Guarantee For Lost Bill Of Lading?

1. Counter-Indemnity: Optional section when the applicant provides counter-indemnity to the bank - recommended for high-value shipments

2. Multiple Beneficiaries: Required only when the guarantee needs to cover multiple beneficiaries such as agents and sub-carriers

3. Assignment Clause: Optional section allowing for the assignment of rights under the guarantee - included when requested by the beneficiary

4. Authentication Procedure: Optional section detailing specific procedures for verifying claims - recommended for high-value guarantees

5. Reduction Clause: Optional provision for reducing the guarantee amount over time - useful for long-term guarantees

What schedules should be included in a Bank Guarantee For Lost Bill Of Lading?

1. Schedule 1 - Shipment Details: Contains full details of the shipment including vessel name, voyage number, port of loading/discharge, cargo description

2. Schedule 2 - Lost Bill of Lading Details: Specifies the details of the lost bill of lading including number, date, and parties

3. Schedule 3 - Claim Documentation Requirements: Lists all documents required to make a valid claim under the guarantee

4. Appendix A - Form of Demand: Standard format for making a claim under the guarantee

5. Appendix B - Indemnity Letter: Standard format for the letter of indemnity from the applicant to the carrier

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

Australia

Publisher

Genie AI

Document Type

Bank Guarantee

Sector

Banking

Cost

Free to use
Relevant legal definitions




























Clauses




























Relevant Industries

Banking & Financial Services

Maritime & Shipping

International Trade

Logistics & Supply Chain

Import/Export

Commodities Trading

Insurance

Legal Services

Relevant Teams

Trade Finance

Shipping Operations

Legal

Risk Management

Documentary Credits

Commercial Banking

International Trade Operations

Compliance

Supply Chain Operations

Credit Risk

Relevant Roles

Trade Finance Manager

Shipping Operations Manager

Import/Export Manager

Documentary Credit Specialist

Bank Guarantee Officer

Maritime Lawyer

Trade Operations Officer

Logistics Manager

Supply Chain Manager

Risk Management Officer

Bank Relationship Manager

Documentation Manager

Compliance Officer

Industries







Teams

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