A credit issued under following details ;
Partial shipment : allowed
Description of goods : Poly Satin Stretch
1st shipment : MTS 50.000 latest date of shipment 15.12.2006
2nd shipment : MTS 60.000 latest date of shipment 10.01.2007
3rd shipment : MTS 70.000 latest date of shipment 30.01.2007
+/-10 pct tolerance both in quantity and amount is acceptable
The docs for 1st shipment presented and quantity of shipment stated on the comm. invoice as MTS 59.000 (on 14.12.2006)
My questions
1) On the basis of tolerance and shipment schedule stipulated in the credit , Is the 1st shipment discrepant ?
2) If the quality for 1st shipment were MTS 30.000 , would it be discrepant ?
Thanks and regards
Yahya K.
Tolerance / shipment schedule
Tolerance / shipment schedule
Yahya,
You may find your answer in opinion R238.
Regards
Khalid
You may find your answer in opinion R238.
Regards
Khalid
Tolerance / shipment schedule
Thanks Khalid
Opinion R238 seems really to cover my case.
But there is another Opinion R313 which covers a similar issue and the conclusion is quite different from R238 although it is not directly cited in relation to "tolerance" but instalment shipments .
Opinion R238 seems really to cover my case.
But there is another Opinion R313 which covers a similar issue and the conclusion is quite different from R238 although it is not directly cited in relation to "tolerance" but instalment shipments .
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RolandLeupi
- Posts: 115
- Joined: Fri Apr 05, 2019 5:26 pm
Tolerance / shipment schedule
Yahya,
1) no, your are within the tolerance
2) no, documents may be presented for
the difference within the 15.12.2006
The L/C is however not very well formulated. In those case the tolerance should better specify if it applies to the total quantity or to each shipment
Roland
1) no, your are within the tolerance
2) no, documents may be presented for
the difference within the 15.12.2006
The L/C is however not very well formulated. In those case the tolerance should better specify if it applies to the total quantity or to each shipment
Roland
Tolerance / shipment schedule
Roland,
In your view , the words " 1st,2nd,3rd " are ineffective and could not be construed as the shipment would be effected in 3 parties.
You consider that the term "latest" stated in the wording applies and it specifies "a period "
I agree with you that the wording is not clear but one may easily conclude from it that the shipment would be effected in 3 parties.
Consequently, both presentation may be regarded as discrepant.
thanks your comments ,
Yahya
In your view , the words " 1st,2nd,3rd " are ineffective and could not be construed as the shipment would be effected in 3 parties.
You consider that the term "latest" stated in the wording applies and it specifies "a period "
I agree with you that the wording is not clear but one may easily conclude from it that the shipment would be effected in 3 parties.
Consequently, both presentation may be regarded as discrepant.
thanks your comments ,
Yahya
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JudithAutié
- Posts: 195
- Joined: Fri Apr 05, 2019 5:20 pm
Tolerance / shipment schedule
Hi all and happy new year
Actually, the way the credit is set out, (and unless there are other stipulations regarding shipments),the whole quantity could be shipped in one shipment prior to the first stipulated date of 15.12.06 since the dates state "latest" and do not give a period between which each shipment is to be made.
This could be done in one shipment or in one hundred shipments, since partiel shipments are allowed.
Once again, the crux of the problem and it's solution lies with correctly opening the credit to say what is meant.
Regards
Judith
Actually, the way the credit is set out, (and unless there are other stipulations regarding shipments),the whole quantity could be shipped in one shipment prior to the first stipulated date of 15.12.06 since the dates state "latest" and do not give a period between which each shipment is to be made.
This could be done in one shipment or in one hundred shipments, since partiel shipments are allowed.
Once again, the crux of the problem and it's solution lies with correctly opening the credit to say what is meant.
Regards
Judith
Tolerance / shipment schedule
Judith is right and for that matter see also DOCDEX Decisions 1997-2003, decision 204
Daniel
Daniel
Tolerance / shipment schedule
Judith,
I agree that the total quantity may be shipped before 15.12. 2006, however I am not with you on the question of partial shipments. The credit clearly stipulates shipment in three lots & part shipments would have to range between the quantities stipulated for each lot plus/minus the tolerance allowed.
Daniel, I am afraid Docdex 204 only relates to installment shipments & not to the applicability of tolerance which is the main issue in this query.
But I do agree that life would be much simpler if we pay a little more attention in drafting our credits.
Regards, Khalid
I agree that the total quantity may be shipped before 15.12. 2006, however I am not with you on the question of partial shipments. The credit clearly stipulates shipment in three lots & part shipments would have to range between the quantities stipulated for each lot plus/minus the tolerance allowed.
Daniel, I am afraid Docdex 204 only relates to installment shipments & not to the applicability of tolerance which is the main issue in this query.
But I do agree that life would be much simpler if we pay a little more attention in drafting our credits.
Regards, Khalid
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JudithAutié
- Posts: 195
- Joined: Fri Apr 05, 2019 5:20 pm
Tolerance / shipment schedule
Khalid
How about three shipments on the same day ? and on the same means of conveyance, but with three different sets of documents ? That's either one shipment or three .....
Regards
Judith
[edited 1/9/2007 9:00:38 AM: typo]
How about three shipments on the same day ? and on the same means of conveyance, but with three different sets of documents ? That's either one shipment or three .....
Regards
Judith
[edited 1/9/2007 9:00:38 AM: typo]
Tolerance / shipment schedule
Judith,
I believe that shipment on the same means of conveyance would be discrepant. I think the credit is very specific that shipment has to be in three parts, please see reference to each shipment as Ist/2nd/& 3rd. Perhaps I did not make myself clear; my objection is to the reference of “even hundred shipments” in your initial posting. To my mind shipment has to be in three parts which could be achieved before 15/12/06.
Regards, Khalid
I believe that shipment on the same means of conveyance would be discrepant. I think the credit is very specific that shipment has to be in three parts, please see reference to each shipment as Ist/2nd/& 3rd. Perhaps I did not make myself clear; my objection is to the reference of “even hundred shipments” in your initial posting. To my mind shipment has to be in three parts which could be achieved before 15/12/06.
Regards, Khalid