Fax number in different documents

[GerhardH]

Dear all,
I'd like to ask for your opinion concerning following case:

Given details in the L/C:
field 50: applicant name ...
applicant P.O.Box and
Street ...
applicant city and
country ...
field 47a:
9. Documents consisting of 1/3 B/L, ....... should be dispatched to the following applicants address by courier service within 14 working days from the date of B/L. Beneficiary's Certificate to this effect along with the relevant courier receipt is required. Send to applicant name ..., applicant P.O.Box and Street ..., applicant city …, Tel. + ....., Fax + ....
11. Shipment advice to be faxed to the applicant prior to the shipment of the goods. Fax transmission confirmation along with beneficiary certificate to this effect are required for negotiation.

(additional information: the address of applicant given under field 47a 9. is slightly more detailed than under field 50 and shows tel. no. and fax no. in addition, which are not mentioned under field 50.)

We received following discrepancy from confirming bank:
-Fax Report presented under field 47a point 11. shows a different fax no. as given under field 47a point 9.

They argue, that the Fax Report is checked under UCP 600 Art. 14f, provided that 14d is also fulfilled.
In their opinion it is a discrepancy (according to 14d), as the fax no. (in the Fax Report for point 11) is in conflict with the fax no. mentioned under point 9. The reason is, that it is the applicant who is mentioned under point 9 and therefore it is assumed that the fax no. under point 9 is the fax no. of the applicant.

Our refutation is
1. no fax no. is mentioned under point 11, therefore the fax no. cannot be checked by the banks.
2. the fax no. mentioned under point 9 could be the fax no. of a particular department (as the address in point 9 is slightly more detailed than in field 50) and cannot be assumed to be the only fax no. of the applicant.
3. Fax no. mentioned under point 9 is to be considered as part of contact details and therefore will be disregarded, according to 14j.

Your opinion to that would be highly appreciated.

Thanks Gerhard

[asamaha]

The address under clause 9 relates to the document required under that clause for the dispatch of documents.

On the other hand, since no specific fax number is stated for the document required under clause 11, any fax number will be accepted provided the name of the applicant is shown as addressee.
Antoine
Regards