time of the issuance of amendment

[RichardSuikerbuik]

A l/c has been issued on 040813, stating latest date of shipment 041015 and expiry date 041105. (period for presentation docs is 21 days) An amendment has been issued on 041022, extending latest date of shipment to 041130 and expiry date to 041221.The beneficiary presented documents on 041027 with.bills of lading dated 041021. After examination, we informed beneficiaries on 041103 that we have observed following discrepancy: late shipment, as the amendment has been issued after shipment date.

[AlbertB]

Amendment extended the latest shipment date to 041130 without stipulation that shipments effected prior to the date of amendment are not acceptable. I believe there is no ground for the rejection. (Please see article 22 for similarity)
[edited 4/5/2005 4:27:48 PM]

[larryBacon]

Richard,

please advise what relevance the date of issue of the amendment has to the date of shipment. On which UCP article do you base this ?
Based on your rationale, no amendment extending latest shipment would succeed, as it does not take effect until agreement of the bene has been received, usually at the time of presentation - i.e. after shipment.

Based on the timing, it seems obvious to me that the instigator of the amendment was the Bene.

Laurence
[edited 4/5/2005 4:31:33 PM]

[KimChristensen]

Dear Richard

Interesting! I agree with Laurence here.

Will only add that after this presentation the credit has been amended (if not before via separate notification) as per sub-article 9,d,iii

Best regards
Kim

[POLTERD.]

Dana P.
Romania
Taking into account that the documents have been presented on 041027 after the date of the amendment,041022 and there is no stipulation that shipment prior amendment are not acceptable we consider docs in order.I think that it was the option of benef.to extend the date of shipment and the validity particularly for avoiding any discrepancy in docs.

[DavidMeynell]

I would not consider this is a discrepancy