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What is a Shipping Guarantee? A Comprehensive Legal Overview
Definition & Meaning
A shipping guarantee is a financial instrument that allows customers to receive their goods before the necessary shipping documents, such as the bills of lading, arrive. This guarantee is issued to shipping companies, which then agree to send the bills of lading to the bank. If the customer does not possess a trust receipt, the bank will require a cash margin equal to the full value of the goods being shipped.
Table of content
Legal Use & context
Shipping guarantees are commonly used in international trade and shipping law. They facilitate the movement of goods by ensuring that shipping companies and banks have a secured agreement. This term is particularly relevant in commercial transactions involving the sale of goods, where timing is crucial for the delivery of products. Users can manage shipping guarantees by utilizing legal templates available through platforms like US Legal Forms, which provide the necessary documentation for these transactions.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A company imports electronics from overseas. They arrange for a shipping guarantee to receive the goods immediately, allowing them to start selling the products while waiting for the shipping documents to arrive.
Example 2: A retailer needs to stock up on seasonal items. They use a shipping guarantee to expedite the delivery of goods, ensuring they are available before the peak shopping season begins. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Shipping Guarantee Regulations
California
Requires specific documentation for shipping guarantees.
New York
Allows for electronic guarantees under certain conditions.
Texas
Has specific cash margin requirements that differ from other states.
This is not a complete list. State laws vary and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Differences
Trust Receipt
A document allowing the borrower to take possession of goods while still owing money.
Trust receipts involve a loan agreement, while shipping guarantees do not require a loan.
Bill of Lading
A legal document between the shipper and carrier detailing the type and quantity of goods.
Shipping guarantees facilitate the release of goods before the bill of lading is received.
Common misunderstandings
What to do if this term applies to you
If you find yourself needing a shipping guarantee, consider the following steps:
Contact your bank or financial institution to inquire about obtaining a shipping guarantee.
Review the terms and conditions, especially regarding cash margins and documentation requirements.
Explore US Legal Forms for templates that can help you draft the necessary agreements.
If your situation is complex, consult with a legal professional for tailored advice.
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