L/C calls for 'a certificiate issued by.... certifying that goods have been shipped on a conference line vessel calssified 100a1 or bs vessel or equivalent'
The cert presented is worded exactly as above.
However, should the cert be more specific and state only one of the classification options e.g. '100a1' or 'bs vessel' or 'xxxx (equivalent of 100a1)'?
Vessel Cert
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PGauntlett
- Posts: 153
- Joined: Fri Apr 05, 2019 5:25 pm
Vessel Cert
My personal reaction, without responsibility and without checking if there is a relevant ICC opinion, is:
Given that the credit could have easily made it clear that the actual classification (alone) of the conference line vessel had to be quoted (if this was what was in fact intended), I would anticipate a court (English at least) would interpret this provision in the manner most favourable to the beneficiary. Consequently, I would find it difficult to justify finding a certificate as being non-compliant that either gave one classification only or that gave two or more classifications. (There would seem to me to be four possible classifications, ‘100a1’, ‘bs’, ‘equivalent to 100a1’ and ‘equivalent to bs’, if a single one only were quoted.)
Having ‘put my neck on the block’, I’d be grateful if you would let me know if you share my views.
Given that the credit could have easily made it clear that the actual classification (alone) of the conference line vessel had to be quoted (if this was what was in fact intended), I would anticipate a court (English at least) would interpret this provision in the manner most favourable to the beneficiary. Consequently, I would find it difficult to justify finding a certificate as being non-compliant that either gave one classification only or that gave two or more classifications. (There would seem to me to be four possible classifications, ‘100a1’, ‘bs’, ‘equivalent to 100a1’ and ‘equivalent to bs’, if a single one only were quoted.)
Having ‘put my neck on the block’, I’d be grateful if you would let me know if you share my views.
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PGauntlett
- Posts: 153
- Joined: Fri Apr 05, 2019 5:25 pm
Vessel Cert
Yes these are my thoughts as well. I received the query from a beneficiary who'd had the document queried internally and I had already advised them that, in my opinion, it was acceptable.
I thought I'd place the query on the forum to see, in these cautious days, if any banker would reject the document.
However, whilst arguing with myself over the matter I did consider the (unlikely)scenario of a credit calling for a 'cert stating goods of UK or French origin'. Could a beneficiary present a document with this exact wording or would a checking bank expect to see the actual origin. I believe the latter would prevail but, again, the wording of the credit is too weak to be certain so the beneficiary ought to get the benefit of the doubt.
On a personal note Jeremy, you might recall thet we met a couple of times whilst I was at Paribas working with Alan Suchley (we even ran a half marathon together; well, almost, I think that you were a mile behind me!).
Regards
Phil Gauntlett
I thought I'd place the query on the forum to see, in these cautious days, if any banker would reject the document.
However, whilst arguing with myself over the matter I did consider the (unlikely)scenario of a credit calling for a 'cert stating goods of UK or French origin'. Could a beneficiary present a document with this exact wording or would a checking bank expect to see the actual origin. I believe the latter would prevail but, again, the wording of the credit is too weak to be certain so the beneficiary ought to get the benefit of the doubt.
On a personal note Jeremy, you might recall thet we met a couple of times whilst I was at Paribas working with Alan Suchley (we even ran a half marathon together; well, almost, I think that you were a mile behind me!).
Regards
Phil Gauntlett
Vessel Cert
Phil,
Well you could knock me down with a feather! I had not remembered meeting you at all (although I could never forget the East London half-marathon; what a killer!). Sincere apologies.
I still keep in touch with Alan, who is now in NY. I shall mention you to him.
Jeremy.
[edited 10/4/01 1:03:43 PM: Correction]
Well you could knock me down with a feather! I had not remembered meeting you at all (although I could never forget the East London half-marathon; what a killer!). Sincere apologies.
I still keep in touch with Alan, who is now in NY. I shall mention you to him.
Jeremy.
[edited 10/4/01 1:03:43 PM: Correction]
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AbdulkaderBazara
- Posts: 256
- Joined: Fri Apr 05, 2019 5:15 pm
Vessel Cert
I agree with the comments given above but it would be more meaningful if the conjunction "AND" would have been used between the classification options. On the other hand the best option would be providing one classification method.
[edited 10/4/01 6:39:29 PM]
[edited 10/4/01 6:39:29 PM]