UNDER A LETTER OF CREDIT ESTABLISHED BY OUR BANK, PROVIDING FOR PORT TO PORT SHIPMENT, WE WERE PRESENTED WITH A COMBINED TRANSPORT BILL OF LADING INDICATING A PORT OF LOADING AND A PORT OF DISCHARGE AND A SPECIFIC VESSEL (NO PLACE OF RECEIPT IS INDICATED). IT ALSO CONTAINS AN ON BOARD NOTATION READING ‘LADEN ON BOARD FEB 13 2003’.HOWEVER ON THE BOTTOM RIGHT HAND CORNER OF THE DOCUMENT WHERE THE SIGNATURES APPEAR IT CONTAINS THE FOLLOWING WORDING IN FINE PRINT.
“Shipped in apparent good order and condition, unless otherwise stated herein, for transportation on board the ocean vessel mentioned herein or any substituted vessel or on board the feeder vessel or other means of transportation (rail or truck) if place of receipt is named in this Bill of Lading the goods or packages or containers said to contain good, hereinafter called…………….”
DOES THE ABOVE WORDING, AND MORE SPECIFICALLY THE WORDS SUBSTITUTED VESSEL CONSTITUTE THE NAMED VESSEL APPEARING ON THE BILL OF LADING AS ‘AN INTENDED VESSEL’ REQUIRING ADDITION OF THE VESSEL’S NAME AT THE ON BOARD NOTATION ?
Substituted vessel
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IacovosLouca
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Substituted vessel
You may find Opinion R349, ‘Whether the phrase "substitute vessel" constitutes a "similar qualification" under sub-Article 23(a)(ii)’, of use.