Trafigura Question - Physical Trading Contracts

Have been looking into different types of contracts with regards to shipping commodities but I am a bit confused so wanted some clarity.

- As I understand it, a contract of affreightment (COA) simply refers to a contract between a shipowner and charterer covering multiple voyages over a specific amount of time. Time Charters, Voyage Charters, Contracts of Carriage are types of COAs or subgroups within the broader time. I cannot find a generally consistent definition for a Contract of Carriage online so any insight would be great.

- A Bill of Lading (B/L) is a document detailing the quantity, quality, and destination of the cargo. It functions as a document for title transfer (features Incoterms), a receipt for shipped goods, and a contract between the shipper and carrier for that specific voyage. Presumably then, every voyage transporting goods around the world must have an associated B/L.

I have been trying to establish the relationship and definitions for these terms so any help on telling if this is in the right direction / a definition for a contract of carriage would be great.

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Based on the most helpful WSO content, here's what you need to know about physical trading contracts and related terms:

Contract of Affreightment (COA)

  • Definition: A COA is a contract between a shipowner and a charterer that covers multiple voyages over a specified period. It outlines the terms under which the shipowner will transport cargo for the charterer.
  • Types of Charters:
    • Time Charters: The charterer hires the vessel for a specific period.
    • Voyage Charters: The charterer hires the vessel for a single voyage.
    • Contracts of Carriage: These are agreements for the transportation of goods and can be considered a type of COA.

Bill of Lading (B/L)

  • Definition: A B/L is a document that details the quantity, quality, and destination of the cargo. It serves multiple functions:
    • Title Transfer: It acts as a document for the transfer of ownership of the goods.
    • Receipt: It serves as a receipt for the shipped goods.
    • Contract: It is a contract between the shipper and the carrier for that specific voyage.
  • Requirement: Every voyage transporting goods must have an associated B/L to ensure proper documentation and legal compliance.

Contract of Carriage

  • Definition: A Contract of Carriage is an agreement between a shipper and a carrier for the transportation of goods. It specifies the terms and conditions under which the carrier will transport the goods from one location to another.
  • Relationship to COA and B/L:
    • COA: A broader term that can include multiple Contracts of Carriage.
    • B/L: A specific document that arises from the Contract of Carriage, detailing the shipment specifics.

Incoterms

  • Definition: Incoterms are predefined commercial terms published by the International Chamber of Commerce (ICC) that define the responsibilities of buyers and sellers in international transactions. They clarify when the title transfers, which volume reading to use, and who is responsible for costs associated with transporting goods.

Common Incoterms in Physical Trading

  • FOB (Free On Board): The buyer takes title at the origin and assumes all costs after that point. Volume is measured at the origin.
  • CIF (Cost of Insurance and Freight): The price the buyer pays includes insurance and freight. The volume is measured at the origin, and the buyer takes responsibility for in-transit product losses.
  • CIFOutturn: A variation where the price includes insurance and freight, but the volume is measured at the destination.

By understanding these definitions and relationships, you can better navigate the complexities of physical trading contracts.

Sources: Physical Oil Trading Basics (Part 1 of 2), Physical Commodity Trading, Q&A : I'm a dry bulk physical freight trader / chartering manager, Physical Oil Trading Basics (Part 1 of 2), Q&A: I'm an Agricultural Commodities Trader

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A BL does not feature incoterms. It is indeed a receipt for the goods and has two other functions. It is proof that a contract for the carriage exists, hence the ship master's signature, and it is a title for the goods, as the one holding the BL is entitled to receive the goods. This is the "Consignee" on the BL. 

For the COA you are right, it is just a contract where the disponent owner of the vessel "rents" his cargo-hauling capabilities to the one that needs it to transport their product. 

 

So in which contract do the Incoterms feature? Thanks for all the insight!

 

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