Air Waybill - Definition of The Term Not Negotiable

Definition of The Term Not Negotiable

Waybills are non-negotiable documents unlike bills of lading which are negotiable. The words non-negotiable are printed clearly at the top of the air waybill. This means that the air waybill is a contract for transportation only and does not represent (the value of) merchandise mentioned in the box nature and quantity of goods. The ocean bill of lading, if negotiated may represent (the value of) the goods and must be endorsed by the party ultimately accepting the goods. Although the AWB is a non-negotiable document, it can be used as a means of payment. This can be done only through the intermediary of a bank and only when the carriage is subject to a letter of credit. The air waybill executed according to the terms of a letter of credit allows the shipper to present the original of the air waybill to the bank and collect the billed value of the shipped goods from the bank. The amount paid by the bank to the shipper will be debited to the consignee who ordered the goods. At the destination the carrier will only hand over the goods to the consignee on receipt of a bank release order from the consignee's bankers.

The goods in the air consignment are consigned directly to the party (the consignee) named in the letter of credit (L/C). Unless the goods are consigned to a third party like the issuing bank, the importer can obtain the goods from the carrier at destination without paying the issuing bank or the consignor. Therefore, unless a cash payment has been received by the exporter or the buyer's integrity is unquestionable, consigning goods directly to the importer is risky.

For air consignment to certain destinations, it is possible to arrange payment on a COD (cash on delivery) basis and consign the goods directly to the importer. The goods are released to the importer only after the importer makes the payment and complies with the instructions in the AWB.

In air freight, the exporter (the consignor) often engages a freight forwarder or consolidator to handle the forwarding of goods. The consignor provides a Shipper's Letter of Instructions which authorizes the forwarding agent to sign certain documents (e.g. the AWB) on behalf of the consignor.

The AWB must indicate that the goods have been accepted for carriage, and it must be signed or authenticated by the carrier or the named agent for or on behalf of the carrier. The signature or authentication of the carrier must be identified as carrier, and in the case of agent signing or authenticating, the name and the capacity of the carrier on whose behalf the agent signs or authenticates must be indicated.

International AWBs that contain consolidated cargo are called master air waybills (MAWB). MAWBs have additional papers called house air waybills (HAWB). Each HAWB contains information of each individual shipment (consignee, contents, etc.) within the consolidation. International AWBs that are not consolidated (only one shipment in one bill) are called simple AWBs. A house air waybill can also be created by a freight forwarder. When the shipment is booked, the airline issues a MAWB to the forwarder, who in turn issues their own house air waybill to the customer.