goods description

POLTERD. · Post by **POLTERD.** » Fri Jan 12, 2007 12:00 am

hi everyone.
i do have a l/c stating :
45A:goods as per proforma invoice no.1/2007 ex works romania
47A:invoice to certify that goods are as per proforma invoice no.1/2007.
.
invoice states "goods description pumps"
and
"we certify that goods are as per proforma invoice no.1/2007".
invoice also shows " ex works romania".
do you think that despite invoice certifies as requested under 47A, goods description as mentioned under 45A should have been also written ? (having in view art.37c of UCP500).
Or,having in view art.62 of ISBP,
since invoice certify that goods are as per the proforma invoice,it is ok ?
Thanks in advance.
Bogdan

DanielD · Post by **DanielD** » Fri Jan 12, 2007 12:00 am

Bogdan,

See also Opinions 1995-2001 R 471 and 475 -analysis and conclusion (somehow).
We can argue for a long time about this issue but these days, I would by far prefer a wording on the invoice reflecting 45a and therefore distinct from the certification.
Daniel

NigelHolt · Post by **NigelHolt** » Sat Jan 13, 2007 12:00 am

I would regard it as being beyond dispute that the goods description quoted meets the requirements of 37(c).

KimChristensen · Post by **KimChristensen** » Sun Jan 14, 2007 12:00 am

I would agree with Jeremy.

POLTERD. · Post by **POLTERD.** » Mon Jan 15, 2007 12:00 am

Thank you all very much.
Have a nice week.
Bogdan