Trade Term

svishu · Post by **svishu** » Mon Oct 11, 2010 1:00 am

Under Field 45 A : LC states: " Covering DDP value of the following: HDPE and UPVC Pipes".
45A Description of goods amended to read as : "HDPE Pipes".
Invoice presented shows " HDPE Pipes " without stating the trade term DDP.
Would this be a discrapncy, since amendment does not state DDP?

NigelHolt · Post by **NigelHolt** » Tue Oct 12, 2010 1:00 am

If the goods description has been amended to read:

"DDP value of the following: HDPE Pipes and UPVC Pipes.",

the answer must be ‘yes’.

svishu · Post by **svishu** » Tue Oct 12, 2010 1:00 am

The LC was subsequently amended to read " DESCRIPTION OF GOODS AMENDED TO READ AS HDPE PIPES."
The invoice matches with the description of goods as stated in the amendment. However trade term ( DDP ) has not been stated in the invoice that is presented. Since the amendment did not carry the words "DDP" and only amended the description of goods, can the invoice be presented with out mentioning the words " DDP".
Will the presented invoice be termed as discrepant since DDP has not been stated ?
Regards

NigelHolt · Post by **NigelHolt** » Tue Oct 12, 2010 1:00 am

But one cannot read the amendment in isolation and one has to establish what is its impact on the totality of goods description in the credit. If one cannot do this one has to revert to the sender for clarification.

I assume you do not think that “Covering DDP value of the following: HDPE and UPVC Pipes" has been completely deleted and replaced solely by "HDPE Pipes". If my assumption is correct, you surely have no choice but to read the goods description as having been amended to read "DDP value of the following: HDPE Pipes and UPVC Pipes”?

DanielD · Post by **DanielD** » Thu Oct 14, 2010 1:00 am

And we had:
Description:
non-skin passed hot rolled coils 1.95mm X 1219mm
all other details as per contract...
Description after amendment:
300MT non-skin passed hot rolled coils.
all other details...
So, the dimensions had been removed in the amendement
Q: could they appear in the documents? Could we accept any dimensions? Or was the amendment poorly issued?
Regards
Daniel

asamaha · Post by **asamaha** » Fri Oct 15, 2010 1:00 am

Any dimensions must be accepted.

NigelHolt · Post by **NigelHolt** » Sat Oct 16, 2010 1:00 am

Yes, yes and no idea.

DanielD · Post by **DanielD** » Mon Oct 18, 2010 1:00 am

Antoine,
I must agree
Jeremy,
I must agree with your yeses but my opinion is that there was something wrong in the amendment. I would prefer to receive documents with the original dimensions, incidentally the ones of the contract.
Regards
Daniel
Daniel