discrepant or not

BAKHTEYERH · Post by **BAKHTEYERH** » Sun Jun 26, 2011 1:00 am

A Credit asked for:
-Bill of lading &
- A certificate issued by the Bureau Veritus ltd. evidencing that Goods have been inspected at loading point ensuring condition of packages and goods.

The presented bill of lading is silent about the conditions of the goods and packages. However the presented certificate mentioned the packaging “is not sufficient for the journey” along with other data.
Does the presentation discrepant.

NigelHolt · Post by **NigelHolt** » Mon Jun 27, 2011 1:00 am

I think it depends on whatever is the correct interpretation of “ensuring condition of packages and goods”. I note that it is not stated for what purpose the condition of packages and goods has to be “ensured”, e.g. it is not stated that it must be “ensured” as being suitable for carriage by sea. I therefore incline to the view (which is a long winded way of saying I am not absolutely sure) that the certificate is not discrepant.

DanielD · Post by **DanielD** » Mon Jun 27, 2011 1:00 am

Jeremy,

It is "une variation sur le thème"
"fit for human consumption". If a certificate states that the quality of the goods is poor while the credit did not specify anything as to the contents of the certificate in question, is it discrepant?
Regards
Daniel

NigelHolt · Post by **NigelHolt** » Tue Jun 28, 2011 1:00 am

No, Daniel, I agree (assuming you do) it is not.