ICC Digital Library Forum

According to the Article, "before" and "after" when used to determined a period of shipment exclude the date mentioned.

What is the correct answer for below examples?

Ex. 1) Shipment must be effected before April 1 or must be effected after April 30

My answer: Shipment on or after Apr 1 is not acceptable. Shipment on or before Apr 30 is not acceptable.

Ex. 2) Shipment must NOT be effected before April 1 and must NOT be effected after April 30.

What is the correct answer to this example? Should it be Shipment on April 1 upto Apr 30 in acceptable? (which is the same as shipment must be effected after Mar 31 and must be effected before May 1) or should we disregard the word "NOT" in the example and just take the UCP interpretation excluding the date mentioned?

What is the answer

Dear Raymond,

The answer is that UCP 600 interpret ”before” and ”after”, but it does not interpret “not before” and “not after”.
To me here is a (logic) difference – which I presume there is to you as well – since you draw these two examples.

I may be that other people’s logic is different – so best to use the terms as interpreted in the UCP 600 in order to stay out of trouble.

Best regards
Kim


[edited 4/17/2007 9:07:30 AM]

Dear Kim,

We are on the same page. However we have to face this question when our position is a negotiating bank. Purchase as a complied presentation or the other way round.

Regards
Raymond