bills of lading
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lucettelessard
- Posts: 8
- Joined: Fri Apr 05, 2019 5:21 pm
bills of lading
When a bill of lading makes no reference to the number of originals issued yet 3 originals are presented what is your opinion on how to proceed. Would you cite a discrepancy of "bill of lading does not indicate the number of originals issued yet 3 presented". In our case the bill of lading itself fails to make any reference whatsoever to the number of originals issued. This is different from a bill of lading which does make reference to a number issued but fails to include that information. We are looking for opinions.
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hatemshehab
- Posts: 220
- Joined: Fri Apr 05, 2019 5:19 pm
bills of lading
The ICC banking commission has addressed a similar case although with little differences in the way the documents were presented, however we could still draws some lessons of the ICC response and apply it to your case as well. The case I am referring to is R351.
HERE IS AN EXCERPT FROM THE ICC BANKING COMMISSION OPINION.
“Sub-Article 23(a)(iv) requires that the presentation of the marine or ocean bill of lading consist of a sole original bill of lading or, if issued in more than one original, the full set as so issued. The credit would have called for a full set of marine or ocean bills of lading with the expectation that the bill of lading would indicate the number of originals issued in order that this can be checked against the originals presented.
The bills of lading that were presented did not indicate the number of originals that had been issued. The shipping company produced an additional certificate stating the number that had been issued.
The certificate should be from the carrier and should have been issued as an official addendum to the bill of lading, i.e. indicate that the document is an integral part of B/L No. ... dated ... . As presented, the additional certificate from the shipping company was not required by the credit and therefore would not be examined in accordance with sub-Article 13(a) of UCP 500.”
Hope you are satisfied and the matter cleared.
HERE IS AN EXCERPT FROM THE ICC BANKING COMMISSION OPINION.
“Sub-Article 23(a)(iv) requires that the presentation of the marine or ocean bill of lading consist of a sole original bill of lading or, if issued in more than one original, the full set as so issued. The credit would have called for a full set of marine or ocean bills of lading with the expectation that the bill of lading would indicate the number of originals issued in order that this can be checked against the originals presented.
The bills of lading that were presented did not indicate the number of originals that had been issued. The shipping company produced an additional certificate stating the number that had been issued.
The certificate should be from the carrier and should have been issued as an official addendum to the bill of lading, i.e. indicate that the document is an integral part of B/L No. ... dated ... . As presented, the additional certificate from the shipping company was not required by the credit and therefore would not be examined in accordance with sub-Article 13(a) of UCP 500.”
Hope you are satisfied and the matter cleared.