ICC Digital Library Forum

If L/C prohibit partial shipments
but bene presented documents on different dates, Can we treat it as the same presentation.

Thanks

Hi Peter,

It does happen that documents under one presentation are presented at different times/on different days.

Hi Peter, if I understand your case correctly, the bene might have presented drafts on Mon, invoice on Tue, packing list on Wed, and bills of lading on Thu. The presentation was then made on Thu. There was only 1 presentation.
Regards/Jack Chan

Jack,

My opinion is that the presentation was made on Monday.
Regards
Daniel

Hi Daniel,

In my opinion the date when the bank receives in full all the documents required including one or more original transport documents (or receives at least one or more original transport documents) will be deemed to be the presentation date.

Best regards,
N.H. Duc
[edited 10/25/2008 6:04:00 PM]

Hi all

If you consider the idea that was expressed in the eUCP, a presentation is only considered as having been made when all the documents have been given to the bank. In other words, and regardless of when the transport document is presented, only when the documents are complete can you consider that presentation has been made.

I am wondering however if this is really the question here. Do you mean that several complete sets of documents were presented at different times, all on the same conveyance (since partial shipments were not authorised)?

If this is the question, then my reply would be that the date of presentation is when the last and final set of documents are presented (completely)

Best
Judith

Judith,
Actually, Jack's issue is different from Peter's one. Here I try to address Jack's one.
You are right about e UCP. The reason is article e5 b where it is stated that e records may be presented separately. For "traditional presentations" I refer to ISP98 rule 3.02 which states that "the receipt of a document required and presented under a standby constitutes a presentation requiring examination..." with a comment:"UCP500 art. 14b implies that any delivery of a document under a letter of credit is a presentation"
So I wonder what would happen if the invoice was presented day 1 and a B/L containing some discrepancies was presented day 9, for instance.
Daniel

Peter,

If we consider that both shipments are effected on the same vessel and voyage, and the beneficiary accepts to consider the related presentations as one, then the date of presentation will be that of the second and the date of shipment the recent one.

Antoine

Thanks for all reply

1) But how to judge if other documents presented
2) once we received 1st presentation of documents,whether we should not check documetns until full document received from bene
3) How long should we await unpresented documents?

Thanks for your further comments

What if you receive two B/Ls evidencing shipments on DIFFERENT vessels under the same and one invoice.
I do not try to question the partial shipment but the shipment date and presentation date.

Do you calculate the presentation period from 1st B/L date ?


Thanks
Yahya