I thought of kick starting the articles for 2015 with a question.. Does a Bill of Lading override a Sales Contract..??
I received below question from one of the readers of this blog via the Question form on the sidebar..
We are new to the export business. We plan to use FCA Incoterms in the agreement between our company and our overseas customer. However, we are concerned about liability we would have as being named shipper on the BL.
My question is : Which is the overriding or superior contract, the BL or the Sales Agreement with Incoterms?
Basically what Michael wants to know is, if a container is shipped on FCA basis and his company (seller) is shown as the shipper on the bill of lading and something happens to the shipment, will his company be at risk..??
In such cases of claims, does a Bill of Lading override the Sales Contract or vice-versa..??
What are your views and opinions on this question..??
*** End of Article ***