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General questions regarding UCP 600
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DanielD
Posts: 538
Joined: Fri Apr 05, 2019 5:16 pm

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Post by DanielD » Tue Aug 19, 2008 1:00 am

Additional condition state:" transport document must not contain a provision that goods may be carried on deck". What is the extent of the examination of the TD? (If I check the reverse of the document, of course, there will be a discrepancy)
Daniel
LeoCullen
Posts: 131
Joined: Fri Apr 05, 2019 5:21 pm

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Post by LeoCullen » Tue Aug 19, 2008 1:00 am

Hi Daniel,

This additional condition is excluding/modifying part of sub-article 26 (a) ...."A clause on a transport document stating that the goods may be loaded on deck is acceptable."

I don't imagine this as having a bearing on the scope of the examination.
DanielD
Posts: 538
Joined: Fri Apr 05, 2019 5:16 pm

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Post by DanielD » Thu Aug 21, 2008 1:00 am

Leo,

Could you elaborate your last sentence. I am not sure, being "un francophone", that I understand.
Thanks and regards
Daniel
LeoCullen
Posts: 131
Joined: Fri Apr 05, 2019 5:21 pm

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Post by LeoCullen » Thu Aug 21, 2008 1:00 am

Hi Daniel,

It was just not written very clearly.

What I meant to say was... I do not believe that this additional condition would broaden the scope
of the examination of the transport document, i.e.
create a requirement to examine the contents of terms and conditions of carriage.
JLee
Posts: 14
Joined: Fri Apr 05, 2019 5:20 pm

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Post by JLee » Tue Aug 26, 2008 1:00 am

I won't check the terms and conditions on the back as per Article 20av. In other words, any provisions appearing on the back will be disregarded.
Regards
Jack Chan
KimChristensen
Posts: 404
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Post by KimChristensen » Tue Aug 26, 2008 1:00 am

I will subscribe to the view that such condition does not broaden the scope of the examination of the documents; i.e. that banks are still not to examine the terms and conditions of the carriage (sub-article 20(a)(v).

I do however think that such condition is an example of a very bad banking practice, because any bank that “accidentally” reads the small print on the back will in fact find a condition that says that goods may be carried on deck. In other words it works against one of the core principles of the shipping industry.

The same goes by the way for a condition in the LC like “The insurance document must not show any reference to an exclusion clause”.

Best regards
Kim
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