ICC Digital Library Forum

L/C amount: USD 100.000,00 (+/-10)
Partial delivery: Allowed
Description of goods: 1000 mt (+/-10) ...
Latest date of shipment: 09-01-15

The beneficiary presents the documents covering shipment of 500 mt. B/L states on board date as 09-01-15, i.e. shipment effected on the latest date.

Could documents be considered as discrepant due to the fact that the beneficiary has delivered only 50% of the goods quanity on the latest date of shipment
or
Docdexs decission no 224 and ICC Opinion R477 are applicable?

Thanks in advance.

It should be noted that the mere fact that a credit stipulates that partial shipments are allowed and the beneficiary effects a partialshipment, this does not bind the beneficiary to make further shipments.

[edited 3/7/2009 11:07:28 PM]

Hi,

My view is that you have no good reason to raise the discrepancy of short shipment.

It is possible that the other 50% of the quantity of goods could have shipped before or on the latest date of shipment and the documents have not yet been presented.

The documents should be treated as complying even when you know for sure that no further shipments have been effected before or on the latest date of shipment.

Best regards,
N.H.Duc

Many thanks ThuHoanghAnh for your comment. I agree with you, it is in line with my opinion.

Some other who agree or disagree?

Thanks in advance.

Not discrepant. There is no evidence that the remaining goods have or have not been shipped. It may have been shipped and the beneficiary has not yet presented documents or they may never ship.

I should be grateful for more comments.
Thanks in advance.

Grateful for more comments? Alright, there is not a discrepancy. The applicant took the risk (if it can be described as a risk; this could happen on nearly any credit that allows partial shipments) that this would happen when it instructed that the credit was issued on these terms.

Not a discrepancy.