We have a LC in Field 46 calling for Full set of Forwarder B/L. It did not specify who would be the forwarder.
The B/L we received was under letterhead of DEF Company, signed by ABC Company and stated it's capacity being "As Agent". Carrier name was not mentioned.
According to Article 14(l), a transport document may be issued by any party provided that it meets the requirements of articles 19, 20... or 24 of these rules.
As the LC specifically called for Forwarders B/L, could we apply Artilce 14(l) need the signor stated name of the carrier or we could satisfy with a B/L bearing capacity of signor "As Forwarder" or "As Agent" without mentioning carrier or master name?
Regards
Raymond
Article 14 (l)
Article 14 (l)
Raymond,
Neither sub-Article 14(l) nor sub-Article 20(a)(i) are relevant to a credit stipulating ‘Forwarder B/L’.
Regards, Jeremy
[edited 7/2/2008 12:22:44 PM]
Neither sub-Article 14(l) nor sub-Article 20(a)(i) are relevant to a credit stipulating ‘Forwarder B/L’.
Regards, Jeremy
[edited 7/2/2008 12:22:44 PM]
Article 14 (l)
Thank you Jeremy.
I also noted in ISBP para 95 mentioning if a credit states "Freight Forwarder B/L is acceptable", then it may be signed by a freight forwarder in the capacity as a forwarder.
So, in my case, as the signor showing its capacity "As Agent", I would not treat the said B/L as complied.
Like to know any comments.
Regards
Raymond
I also noted in ISBP para 95 mentioning if a credit states "Freight Forwarder B/L is acceptable", then it may be signed by a freight forwarder in the capacity as a forwarder.
So, in my case, as the signor showing its capacity "As Agent", I would not treat the said B/L as complied.
Like to know any comments.
Regards
Raymond
Article 14 (l)
Raymond,
Para 95 & TA651rev seem to suggest to me that there must be an indication that DEF is a ‘forwarder’, which I infer is not the case here. (I also infer that ABC has not specifically indicated it is acting as DEF's agent.) In other words that the BL must be signed in the same way as sub-Article 20(a)(i) and para 94(a) ISBP681 if the word ‘forwarder’ was substituted for that of ‘carrier’. (Hope this is not too confusing.)
Regards, Jeremy
[edited 7/3/2008 10:33:06 AM]
Para 95 & TA651rev seem to suggest to me that there must be an indication that DEF is a ‘forwarder’, which I infer is not the case here. (I also infer that ABC has not specifically indicated it is acting as DEF's agent.) In other words that the BL must be signed in the same way as sub-Article 20(a)(i) and para 94(a) ISBP681 if the word ‘forwarder’ was substituted for that of ‘carrier’. (Hope this is not too confusing.)
Regards, Jeremy
[edited 7/3/2008 10:33:06 AM]
Article 14 (l)
Jeremy,
I fully agree to your interpretation. However, I am not sure whether a forwarder has an agent signed for or on behalf of them like the signing capacity as required for transport document. In view of the above, I would only accept the signor identified himself as the forwarder which is in line with that described in ISBP para 95.
Regards
I fully agree to your interpretation. However, I am not sure whether a forwarder has an agent signed for or on behalf of them like the signing capacity as required for transport document. In view of the above, I would only accept the signor identified himself as the forwarder which is in line with that described in ISBP para 95.
Regards