ICC Digital Library Forum

In a letter of credit as transport documents is prescribed "ocean b/l as per art. 23 UCP" under additinal conditions is stated "Charter Party B/L is allowed".
Ben. presents charter party B/L (B/L to be used between charter parties) however the document was signed by the cariier and mentioning the name of the carrier in the body of the document. In the remaining parts of the document allover the indication Charter party details are mentioned.Is this acceptable?
[edited 7/14/2005 12:54:52 PM]
[edited 7/14/2005 12:59:48 PM]

Hennie,

This is a rare visit indeed. Hope you are well.

On the face of it, from what you say:

> the B/L ‘contains [an] indication it is subject to a charter party’ and therefore contravenes Article 23 [(a)(vi)].

> the B/L is not signed by the master or ‘owner’ as required by Article 25 [(a)(ii)] and as a result contravenes it.

Therefore, the B/L seems to breach both Articles 23 & 25. Consequently, I consider that it is discrepant and thus ‘unacceptable’.

Regards, Jeremy

Hoi Jeremy,
Thanks for your reply and be assured that I fully subscribe your point of view!

Similar to the above, credit requires ''full set clean on board "freight payable as per charter party" ocean bills of lding made out to order and blank endorsed, marked notify the applicant''.

What exactly the credit is asking for, charter party b/l or an ocean b/l with the freight clause OR should the credit be reworded?

Regards,
Albert

Albert,

In line with the answer of Jeremy, which refelcts also my opinion, the wording of the L/C should be redrafted either requiring an ocean B/L without any reference to a charter party, or charter party bills of lading should be required/allowed.
Kind regards,
Hennie