Pickup date and sign on the courier receipt

[ATIFM]

An LC calls for "Bene certificate cetifying that one set of Non nego documents and copy of mill test cert have been sent to the applicant by DHL courier within 5 working days after the FCR date and courier receipt to be attached"

The presented courier receipt doesnt show pick up date and signature of courier company....But the bene certificate is dated, is certified exactly as per LC, and the courier receipt also shows the contents exactly as per LC.
The issuing bank rejected since the courier reciept doesnt show pick up date and signature
Is the discrepancy valid..Kindly comment....

[KimChristensen]

How can you refuse on a courier receipt – if such is not required by the credit?
I would not consider this a valid discrepancy

Best regards
Kim

[ATIFM]

Thanks Kim, for your comment but if you read the LC conditon i have mentioned that the LC requires courier receipt to be attached,
Can youplease comment now
thanks

[JudithAutié]

I would be doubtful of any courrier receipt that was neither signed nor dated.

Our bank has a whole carton full of courrier receipts to be made out by us -- but they only become valid upon signature and stamp by the actual courrier. So in my opinion an unsigned courrier receipt does not fill the function that the DC wants : i.e. proof that the documents were sent within the time frame indicated.

As usual without responsibility etc...

Regards
Judith

[NigelHolt]

Atif,

It seems to me that the credit does not expressly state any criteria the courier receipt has to fullfil in order to be compliant. Sub-Article 29b is certainly not relevant as the purpose of the courier receipt is not to ‘evidenc[e] receipt of the goods’. Therefore, it seems to me Article 21 applies, as expanded upon in para 43 pf Pub. 645. Also, I can see an argument that it was an implied term of the credit that the courier receipt at least evidences the date the documents were received by the courier co.

Regards, Jeremy

[edited 6/1/2005 11:52:07 AM]

[larryBacon]

I would agree with Judith. A courier receipt which is neither signed nor dated is not valid. Bear in mind that since neither original nor copy is specified, the original is deemed necessary. I would also regard it as inconsistent with the Bene cert. as this must take account of the time limitation on despatch.

Laurence

[CSchneiderbauer]

Dear Atif,
from my point of view the courier receipt needs to be dated and signed. The L/C is rather precise in this respect."...have been sent to the applicant by DHL courier within 5 working days after the FCR date and courier receipt to be attached"
For me this means that the applicants of this l/c requires some kind of evidence that the documents were despatched and this can only be the courier receipt. Although "...bene certificate is dated, is certified exactly as per LC" it is not the satifactory evidence of despatch. Otherwise the l/c would have required the presentation of beneficiaries certificate only and not of the courier receipt. I think that you also would not accept a postal receipt which is neither stamped nor dated as an evidence of despatch of documents if the l/c would have requested: ."...have been sent to the applicant by registered mail within 5 working days after the FCR date and postal receipt to be attached"
REgards
Christa

[KimChristensen]

Dear Atif,

Well – must be my début … but it seems that I was too fast here After actually reading your posting, I will agree with the line of postings above requiring some kind of evidence that the documents were in fact couriered within the time frame set by the credit.
Please accept my apology.

Best regards
Kim

[NigelHolt]

Hello All,

Just to let you know that I do not see any justification whatsoever for taking the view that the credit requires the courier receipt to be signed.

Regards, Jeremy

[RolandLeupi]

courier form's include the sender's authorisation and signature. Even without requesting specifically on the conditions of the L/C that same must bear a signature and a date it goes without saying that if missing such a form would not be accepted or present discrepancy