non-documentary conditions

General questions regarding UCP 600
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BilselTatar
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Joined: Fri Apr 05, 2019 5:16 pm

non-documentary conditions

Post by BilselTatar » Thu Jul 05, 2007 1:00 am

Dear all, I would like to get your opinion regarding the comparsion of UCP 500 and UCP 600 in terms of non-documentary conditions.
Is there any strict difference between art.13-c of UCP 500 and art. 14-h of UCP 600. In order to state more clearly, as we think about the official ICC opinon no:R-212 1995/96 regarding non-documentary conditions, will the B/L be still discrepant under UCP 600 or not?
DanielD
Posts: 538
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non-documentary conditions

Post by DanielD » Thu Jul 05, 2007 1:00 am

The point is that PP3 is now out.
So, with 600, B/L would be OK even if not mentioning something linking with the B/L but asked in the form of NDC
Daniel
AsifMahmoodButt
Posts: 89
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non-documentary conditions

Post by AsifMahmoodButt » Thu Jul 05, 2007 1:00 am

Hi Daniel
Even though PP3 is out, something similar may come in just as PP3 came in (we live in hope ...). PP3 did make an issue quite clear that a condition cannot be deemed to be a NDC if it can be clearly linked to a doc called for in the credit. In this context if an LC had a condition for shipment to be made by XYZ Line only, would you accept a B/L issued by any other line?
Regards
Jason
KimChristensen
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non-documentary conditions

Post by KimChristensen » Thu Jul 05, 2007 1:00 am

Dear Bilsel

Please see my posting today under the topic ”Art 14 f”.

Best regards¨
Kim
DanielD
Posts: 538
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non-documentary conditions

Post by DanielD » Thu Jul 05, 2007 1:00 am

Jason,
You could think that I am looking for an escape and it may be so but in your example I would say that the B/L (if required) would be the stipulated document to indicate compliance with the condition. So I am in contradiction with my previous entry...
My turn:
(I put it in another discussion but in the 500 point of view)
document required:CoO
Add. condition: origin France
CoO presented: origin Germany.
Daniel
AsifMahmoodButt
Posts: 89
Joined: Fri Apr 05, 2019 5:21 pm

non-documentary conditions

Post by AsifMahmoodButt » Thu Jul 05, 2007 1:00 am

Hi Daniel,
My opinion is the Bene agreed to the original LC for the doc required CoO and the additional condition stating the origin. By presenting a CoO with a different origin, he has violated his agreement and I fail to understand what the bene achieves in doing this. In an L/c, provided all the terms and conditions are complied with and the required docs presented, it is the bene that gets the money. I am quite amused the bene goes free and gets his money for violating his own agreement and Banks have to argue among themselves as to what is correct. I will give another eg. Desc of goods - 50 Kgs of Rice.
LC does not call for W/L.
Addit Condns - max weight per bag is 10KG.
Would you accept any doc presented by the bene that shows the wt of a bag in excess of 10KG?
Regards
Jason
[edited 7/5/2007 3:33:10 PM]
DanielD
Posts: 538
Joined: Fri Apr 05, 2019 5:16 pm

non-documentary conditions

Post by DanielD » Fri Jul 06, 2007 1:00 am

Jason,

Good point too. And we could go on and on and still going round into circles. So, like Kim, I think it will be interesting to know what the Commentary has to say about all this (if it says anything) and be cautious in the meatime.
Daniel
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