Shipping Release Cargo Bill of Lading Format

A bill of lading simultaneously serves three functions: receipt of goods, evidence of the contract of carriage, and document of title. These three functions have been repeatedly confirmed by numerous court decisions internationally. However, whether the different forms in which a carrier issues a bill of lading affect the establishment of these three functions is an issue often overlooked in practice. This article compares four forms: original bill of lading, telex release, sea waybill, and courier release, and explains the dispute over liability clauses under courier release bills of lading.

Several Forms of Delivery Release by Carriers

In international trade, especially in transactions settled through letters of credit, customers usually require the shipping company to issue an original bill of lading, and in that case the above three functions are not in doubt. However, in a considerable portion of trade, the parties do not need to settle through bank letters of credit: the shipper and consignee may be a parent-subsidiary relationship or a principal-agent relationship, and issuing an original bill of lading instead creates inconvenience—

• The shipper has to bear additional international mailing costs;
• There is a risk that the bill of lading will be lost in mail transmission; once lost, the process for the consignee to reconfirm its qualification to take delivery is quite cumbersome;
• Mailing takes time. On an ocean route, for example, the sea voyage itself takes more than ten days, while express delivery may take five to six days during holidays before it arrives.

To control cargo release quickly and conveniently, shippers often require carriers to issue bills of lading by telex or courier release. The differences among the four forms are as follows:

Telex Release: The Original Bill of Lading Is First Returned

Telex release means that at the port of loading the shipper returns the original bill of lading already issued by the carrier to the carrier or its agent, and then the carrier at the port of loading sends a release instruction to the agent at the port of destination (now mostly by internal email). The consignee at the port of destination can take delivery without presenting the original bill of lading. In this form, the three functions of the bill of lading are not changed, because the original bill of lading objectively existed and was merely recovered and cancelled. For related procedures, see Ocean Bill of Lading Operation Guide: Types, Preparation, Endorsement and Telex Release.

Legal Nature of the Courier Release Bill of Lading

Courier release is different: the carrier never issued an original bill of lading, and the various transport clauses contained in an original bill of lading never appear on the bill of lading used for courier release. This gives rise to two questions—can the transport clauses of the original bill of lading bind the parties? Does the courier release bill of lading also have the three basic functions?

What can be determined is that the courier release bill of lading has lost the function of a document of title, because such bills of lading are printed with the words “Non-negotiable.” Whether it can still serve as evidence of the contract of carriage is disputed:

• The cargo owner side argues: at the time of contracting, it received only a courier release bill of lading, was never told what transport clauses there were, and the carrier never claimed which clauses would bind the parties. Under general principles of contract law, the carrier’s claimed liability limitation clause, limitation period clause, transshipment clause, and notice of claim clause cannot bind the consignee and shipper, because they were unaware of them.
• The carrier side counters: the courier release bill of lading was issued at the shipper’s request; the fact that standard clauses are printed on it is well known, and a prudent shipper should know this, or at least should actively inquire; the clauses can be viewed on the carrier’s website and have been registered with the competent authority; moreover, most clauses derive from relevant international conventions and domestic laws and regulations, and the carrier has no obligation to explain them one by one to every shipper.

Take the case of RUBY v. RICH SHIPPING heard by the U.S. Supreme Court as an example. The focus of the dispute between the parties was precisely whether the carrier could claim limitation of liability under a courier release bill of lading. Judges hearing maritime cases are not necessarily familiar with the subtle differences among various release forms; when a shipper or even a consignee argues that it did not know that a courier release bill of lading attached so many contract clauses, this view is very likely to be accepted. Under general principles of contract interpretation, when the parties’ intent is ambiguous, it should be interpreted against the drafter; in addition, since the consignee never had an opportunity to learn the transport clauses and received only a bill of lading without transport clauses, it is not impossible for a court to rule against the carrier.

Data note: The above cases and clause disputes are a summary of public judgments and prevailing practice. Individual case conclusions depend on the contract terms and applicable law, and the specific court ruling and bill of lading clauses shall prevail.

Practical Tips for Carriers and Shippers

To protect their own interests, carriers should add corresponding provisions below the paramount clause of a courier release bill of lading, stating that all clauses contained in the original bill of lading apply to this bill of lading and that the shipper and consignee may inquire with the carrier at any time. Carriers that have already adopted such a protective clause are in a relatively stronger position when handling similar disputes.

For shippers, if the consignee is not a long-term counterparty with clear creditworthiness, using a non-transferable release form means losing the means to control the goods. Whether to accept courier release should be considered together with the payment method: if the payment has not been received, an original bill of lading or telex release remains the safer option.

Further Reading

• What Is an Ocean Bill of Lading? Detailed Explanation of Core Functions
• What Is a Sea Waybill? Differences from a Bill of Lading
• Ocean Bill of Lading Operation Guide: Types, Preparation, Endorsement and Telex Release
• The Concept of Sea Waybill and Its Differences
• Use of Ocean Bills of Lading: Issuance, Transfer, and Handling of Loss
• How to Remedy a Lost Bill of Lading?
• What Is the Difference Between an FCR and a Bill of Lading?

Frequently Asked Questions

Are telex release and courier release the same thing?

No. Telex release first issues an original bill of lading, then returns the original at the port of loading for cancellation, after which the carrier instructs the destination agent to release the goods; the original bill of lading did exist, and the three functions are not changed. Courier release, by contrast, never issues an original bill of lading from beginning to end, and the bill of lading used is itself printed with “Non-negotiable,” so it does not have the function of a document of title. The two differ markedly in cargo rights control and bank acceptance.

If a courier release bill of lading is used, can the exporter still control the goods?

Control is significantly weakened. A courier release bill of lading is non-transferable, and the carrier’s release of goods to the named consignee generally does not constitute breach of contract. It is very difficult for the exporter to control the goods by controlling documents as it would with an order bill of lading. Therefore, it is advisable to use it only after payment has been received or the counterparty’s credit is clear; otherwise, an original bill of lading or telex release should be used instead.

To check documentary requirements, release methods or bill of lading terms for a specific route, submit an enquiry online and the Bofeng Logistics team will assess it against your actual cargo and trade lane.

This article was prepared by the Bofeng Logistics team and reviewed in October 2026. Trade practices, convention texts and platform rules change over time; refer to carrier booking confirmations, bill of lading terms and current authority regulations for specifics.