DHL RECEIPT
Posted: Sun Feb 23, 2003 12:00 am
i have received the following query.
QUOTE
Dear Hatem
Hello, how are you doing, again I seek your help concerning a controversy which is taking place between us and BNP -PARIBAS BORDEAUX France concerning their alleged discrepancy (since January the 9th) as follows:
The DHL receipt pertaining to dispatch of certain docs by beneficiary to applicant is subject to article 29-b of UCP 500.Where as we insisted, to no avail, that 29-b deals with the document in lieu of transport document and quoting the article: ‘if a credit calls for a document issued by courier or expedited delivery service evidencing receipt of goods.'' hence the document in question is subject to article 21 and not 29-b.
It's worth mentioning that L/c stipulates the following:
" +Beneficiary statement certifying that all original documents marked (x) have been sent directly to the applicant by DHL speedpost within 3 days latest after loading of container (copy/photocopy of relevant DHL receipt must be also joined with required documents).”
Beneficiary presented the required certificate and enclosed a carbonized copy of DHL receipt showing the date and signature of the sender (under the box titled "sender's authorisation and signature “) and shows the carbonized signature of the "picked up by"
The bank considered the DHL receipt as discrepant since it " misses date of assumption of responsibility by DHL ''
We argued that L/C did not stipulate the contents of the DHL receipt and as such it's subject to article 21, which renders the document acceptable as presented.
(Should the bank argued that the nature of the document requires the date of assumption of responsibility by DHL, we would have considered their point of view, yet they did not stipulate the receipt to evidence date of receiving the docs by DHL). Instead they argued that the document is subject to article 29-b which requires the document to indicate date of picking up.
Therefore is the DHL receipt subject to article 21 or to article 29-b.?
UNQUOTE
QUOTE
Dear Hatem
Hello, how are you doing, again I seek your help concerning a controversy which is taking place between us and BNP -PARIBAS BORDEAUX France concerning their alleged discrepancy (since January the 9th) as follows:
The DHL receipt pertaining to dispatch of certain docs by beneficiary to applicant is subject to article 29-b of UCP 500.Where as we insisted, to no avail, that 29-b deals with the document in lieu of transport document and quoting the article: ‘if a credit calls for a document issued by courier or expedited delivery service evidencing receipt of goods.'' hence the document in question is subject to article 21 and not 29-b.
It's worth mentioning that L/c stipulates the following:
" +Beneficiary statement certifying that all original documents marked (x) have been sent directly to the applicant by DHL speedpost within 3 days latest after loading of container (copy/photocopy of relevant DHL receipt must be also joined with required documents).”
Beneficiary presented the required certificate and enclosed a carbonized copy of DHL receipt showing the date and signature of the sender (under the box titled "sender's authorisation and signature “) and shows the carbonized signature of the "picked up by"
The bank considered the DHL receipt as discrepant since it " misses date of assumption of responsibility by DHL ''
We argued that L/C did not stipulate the contents of the DHL receipt and as such it's subject to article 21, which renders the document acceptable as presented.
(Should the bank argued that the nature of the document requires the date of assumption of responsibility by DHL, we would have considered their point of view, yet they did not stipulate the receipt to evidence date of receiving the docs by DHL). Instead they argued that the document is subject to article 29-b which requires the document to indicate date of picking up.
Therefore is the DHL receipt subject to article 21 or to article 29-b.?
UNQUOTE