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Discharge Port
Posted: Wed Oct 26, 2011 1:00 am
by jsheehan
An LC requires shipment "to Chinese Main Port". The BL shows the port of discharge as "one safe berth/one safe port of Chinese main port". Would the inclusion of "one safe berth/one safe port" make the BL discrepant?
It is a charter party BL which is allowed by the LC.
I think it is not a discrepancy as it is just a description of the Chinese main port. Appreciate comments.
Thanks
Discharge Port
Posted: Fri Oct 28, 2011 1:00 am
by CarmelBorg
The answer to your question can be found in R281:
Analysis
It has been the previous opinion of the ICC that an Ocean bill of lading (i.e. one to which Article 23 would apply) must be definitive as to the actual port of discharge and not state, for example, "Any Japanese Port", even though that was as stated in the L/C with regard to "shipment to". With a charter party however, the nature of the contract of carriage is not so clear-cut, since it is known that a charter party may well be concluded on the basis of the cargo being taken to a geographical area (rather than a specified port). When the buyers and sellers have not, at the time, decided upon the actual port, the ship will carry the cargo on a "for orders" basis, i.e. the master/owners will be notified in due course as to the port to which delivery should be made.
Conclusion
Given the nature of charter party agreements and in the absence of any instructions to the contrary in the L/C, it is considered that the charter party bill of lading was acceptable showing discharge at "one South China Port".
Regards
Carmel Borg
Discharge Port
Posted: Fri Oct 28, 2011 1:00 am
by DanielD
Also ISBP par. 121