ICC Digital Library Forum

Dear Mr. Lau from Hong Kong,

Ni hao!

Thanks for your support to our common sense approach.

OUR TRIBUTE TO THE LATE BERNARD S. WHEBLE

We do know a lot of bankers who have common sense and some who make themselves slaves of the UCP 500. They have no independent thinking and cannot give their answers without quoting the UCP 500 Articles.

That is also the reason why the late Bernard Wheble insisted on adding Article 24 (although it is almost the same as Article 23 for marine/ocean bills of lading) to ensure that those "rocky" bankers would accept sea waybills in DC operations that would be subject to the UCP 500.

WHEBLE TO PROMOTE SEA WAYBILL AS A REPLACEMENT OF BILL OF LADING

Why Mr. Wheble did this? It was becasue he knew that the sea waybill would be the sea transport document in the future e-commerce environment and in fact sea waybills were already officially written into the new draft of the Carriage of Goods by Sea Act of UK, the 1992 version.

We adore him for his insight, courage and determination. His thoughts were not bound by a product he had produced, the UCP. When it was the right time, he had no hesitation and the courage to replace bills of lading with sea waybills.

CARAVAN AND FLEET SHIPMENTS

When you use more than one truck to carry the goods at the same time, following the same route and to the same destination, it is a "caravan" (this term is in fact often used in the Hollywood cowboy movies) and when you use more than one ship for the same purpose, it is a "fleet".

Please do not mix up these two terms. Otherwise we may confuse other memebers.

What we have when we use animals like donkeys, camels or elephants for such transportation?

http://www.tolee.com

[edited 11/2/01 3:15:17 PM]

my brief reply is as follows :
M.T.D is to be considered as a document of title if the final leg of transport id made by sea .
while dispatching more than one container over more than one truck is to be considered as partial shipment, where the beneficiary of a credit should
have arranged that with the applicant from the first begining of the D/C to allow partial shipment.

Dear Mr. Ziadshaker,

Welcome to join the DC Pro Discussion Forum.

LAST LEG BY SEA CARRIAGE DOES NOT NECESSARILY MAKE A MT DOCUMENT A DOCUMENT OF TITLE

However, please allow us to point out to you that the brief statement from you: "M.T.D is to be considered as a document of title if the final leg of transport id made by sea" appears to be however, incorrect because a MT document may NOT necessarily be ALSO a document of title, e.g., when the MT document is made out straightly to a "named consingee" or it is issued in a sea waybill format. So "brevity" must also have to meet "clarity" requirement.

BREVITY SHOULD NOT SACRIFICE CLARITY

So it is incorrect, and maybe misleading too, to say that whenever the last leg of carriage is by sea, the MT document is to be considered automatically as a document of title. Please modify your statement accordingly.

"PARTIAL SHIPMENTS" SHOULD BE IN PLURAL NUMBER

Also whenever one gives an instruction in the DC to allow for partial shipments, one should not use single number e.g. partial "shipment" as delivery by partial shipments should involve more than one shipment under normal circumstances, unless the beneficiary does not wish to draw for the full amount of the DC at the end of the day. This is however, unlikely.

This is only simple common sense. And DC instructions must be clear, precise and unequivocal.

Expressing opinions in the Discussion forum can gain a lot of benefits. One may have someone pointing out one's careless mistakes free of charge. To error is human and to forgive is devine, provided that one does not make the same mistake twice.

http://www.tolee.com

[edited 11/3/01 12:12:22 AM]
[edited 12/1/01 10:51:23 PM]

To respond to our fried Mr. Lee on the linguistic difference between convoy, fleet and caravan, please note that:

Fleet: a group of ships of a nation, including merchant vessels. In commercial sense it means group of ships under one command in a particular area, or belonging to one company. In this sense the word "fleet" can be applicable to taxis, buses; (a fleet of buses brought the club members and their families to the picnic ground), tugboats and vessels. However the most common use is applicable to seagoing vessels.

Convoy: refers to either the protecting escort accompanying ships at sea, in dangerous areas, or to a group of ships being escorted. The word “convoy need not be restricted to ships; trains and trucks may also considered convoys. It may also apply to military vehicles, such as trucks, personnel carriers, tanks, mounted guns, etc., traveling together in an organized way for protection.

Caravan: a group of trucks. However this word cab be used for camels; caravan of camels or we could say a convoy of camels.

As for animals there are so Many words that I know denoting numbers. To satisfy the curiosity of readers, here are some:

Pack: a number of Asses.
Barren: a number of Mules.
Litters: a number of pigs, dogs or cats brought forth at a birth.
Drove: a number of horses, Ponies driven together.
Muster: a number of peacocks
Host: a number of angels

AND
Bevy: a number of beautiful ladies



[edited 11/3/01 10:59:43 AM]

Dear Hatem,

Thanks for your detailed explanation for fleet, convoy and caravan. Now I know that your efforts and time spent in studying English literature in a university in England is not wasted.

T. O.

The original question posed related to 3 trucks on 3 CMRs. As a CMR is not a transport document under UCP, can this be regarded as partial shipment ? Does one determine whether partial shipment has taken place based on the transport document alone ? What if no transport document is called for in the L/C (e.g. CMR) ?

Why not put 3 trucks on one CMR ?