mate's receipt

[POLTERD.]

having in view that mate's receipt isn't a transport document
does a mate's receipt containing clauses/notation related to defective condition of the goods and/or packaging be considered discrepant ?

[NigelHolt]

Para 20 of the ISBP indicates that -for example- Article 32 of the UCP does not apply to a Mate’s Receipt.

[POLTERD.]

thank you for your answer.so,in your opinion,such clauses aren't considered as discrepancy.it means that an issuing bank ,if doesn't will to accept a claused mate's receipt,should clearly indicate in the l/c that claused mate's receipt isn't acceptable.i personally thought that claused mate's receipt is a discrepant document but having in mind isbp art.20 and ucp500-art.4,i reconsidered my opinion.i still considered i need other opinions on this matter and that's why i wrote yesterday.

[NigelHolt]

What I am saying is that I cannot see anything in the UCP, the ISBP or ICC opinions that allows one to apply Article 32 to a Mate's Receipt. Therefore logically in order to be certain of being able to refuse validly a document, the purpose of which is to evidence receipt of the goods by another party but that is not covered by Articles 23-29, which indicates the goods or packaging are defective one has expressly to cover this in the credit.

[POLTERD.]

i agree with your point of view.
thank you for your opinion and time.