ICC Digital Library Forum

LC calls for
-COPY OF BENEFICIARIES FAX ACCOMPINED BY FAX CONFIRMATION REPORT....

Fax Report showing "No Answer". Is this a discrepancy?

Thanks for your comments.
Gerhard

In my opinion:no. Not issuer's fault
if there is something wrong at the other end.
All these courier receipts, fax reports and so on are really annoying.
Daniel

I think it is abundantly clear -to a banker- that the purpose of the report is to show the fax has been transmitted. If the report shows it has not, whatever the reason, I believe it must be considered non-complying. Thus, I have to respectfully disagree with Daniel.
[edited 2/25/2010 1:21:23 PM]

The purpose of a confirmation report is to confirm receipt of the fax. Discrepancy.

I totally agree with Jeremy. Discrepancy.

Regards/N.H.Duc

I persist. The receipt of the fax at the other end is beyond the control of the beneficiary. He just has to send it. It is what requires the L/C : presentation of the fax report. It was presented.
If is is a discrepancy, such condition should be rejected.
Banks are protected by art. 35. It is only fair that other parties are protected too.
Daniel

Daniel,

I agree that receipt of the fax at the other end is beyond the control of the beneficiary. This is why I used the word ‘transmitted’ in my posting. And therefore this is why I would not agree with Don Smith that ‘The purpose of a confirmation report is to confirm receipt of the fax’. Rather, it is to evidence the sending of the message by facsimile transmission. What happens to the message after transmission is of no relevance.

Regards, Jeremy

Hi,

I again agree with Jeremy. I’d like to use “fax activity report” rather than “fax confirmation report”.

A fax activity report lists information about incoming and outgoing faxes. This report can tell us the date and time each fax was sent or received, the name or number the fax was sent to or received from (provided the station ID has been set), and whether or not the transmission was successful. If the fax activity report presented does not show any information about the beneficiary’s fax or shows that the beneficiary’s fax has not been transmitted OK then it is deemed not to be faxed to the designated fax number.

Regards,
N.H.Duc

Dear all,

I do not want to be a bore but I have a few reports in front of me such as (I try to translate):"engaged or no fax answer" or "stopped by correspondent" or "disconnection by correspondent". The reports show the correct designated numbers. It seems to me that something was beyond the control of the sender. Would they be discrepant?
Daniel

Daniel,

You are not boring me & I admire your pluck in fighting your corner, as we Britons say.

I can only observe that unless there were prima facie evidence in the ‘report’ that the facsimile message had been transmitted I would feel obliged to refuse it. Ergo the risk of non-transmittal lies with the beneficiary however unjust that may seem.

Regards, Jeremy