BL is a received for shipment BL. There appears to be a date & a signature located outside
the Laden on Board box printed at the bottom of the BL. I assume this is their on board notation but because the signature & date is affixed on a different box near to but outside the Laden on Board box, I am hesitant to take it as such. There are no words such as 'On Board' to indicate what it is.
Should I treat it as a discrepancy?
Thank you.
On Board
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matthewchin
- Posts: 2
- Joined: Fri Apr 05, 2019 5:16 pm
On Board
POSITION OF SIGNATURE NOT SPECIFIED IN ARTICLE 23
Article 23 of the UCP 500 has not specified how "near" a signature should be next to the "shipped on board" notation because documents should be examined with simple common sense.
We have encountered similar queries from the registered viewers of our DC website. Our standardised answer is "If that signature is not for "on board" purpose, then please ask yourself, what is it for?"
EXPERIENCE FROM DUBAI
In our transport documents workshops held in Dubai early this year, one participant presented a BL where the issuing signature was outside the signature box. Some participants considered that as discrepant. We did not think so. The law does not require a specific position for a signature to be valid. The bankers present then all took our opinions and passed the BL. They are reasonable bankers and earn our respect.
We remember that there is one ICC Banking Commission Opinion that even if a box is provided for the signature, it does not mean that the signature cannot be put in other places in that same document. The signer has his right to sign on anywhere that pleases him, for example the box being too small for his big signature.
DISCLAIMER
We have to declare that our opinions or comments expressed here or in response to any other queries in the Discussion Forum of the DC Pro are solely for discussion or ideas exchange purposes and they should not be quoted to support any dispute or litigation without our written approval.
We as well as the DC Pro do not take any liabilities or responsibilities for the consequences from such mis-use or abuse.
We are from http://www.tolee.com
[edited 10/16/02 9:33:34 PM]
Article 23 of the UCP 500 has not specified how "near" a signature should be next to the "shipped on board" notation because documents should be examined with simple common sense.
We have encountered similar queries from the registered viewers of our DC website. Our standardised answer is "If that signature is not for "on board" purpose, then please ask yourself, what is it for?"
EXPERIENCE FROM DUBAI
In our transport documents workshops held in Dubai early this year, one participant presented a BL where the issuing signature was outside the signature box. Some participants considered that as discrepant. We did not think so. The law does not require a specific position for a signature to be valid. The bankers present then all took our opinions and passed the BL. They are reasonable bankers and earn our respect.
We remember that there is one ICC Banking Commission Opinion that even if a box is provided for the signature, it does not mean that the signature cannot be put in other places in that same document. The signer has his right to sign on anywhere that pleases him, for example the box being too small for his big signature.
DISCLAIMER
We have to declare that our opinions or comments expressed here or in response to any other queries in the Discussion Forum of the DC Pro are solely for discussion or ideas exchange purposes and they should not be quoted to support any dispute or litigation without our written approval.
We as well as the DC Pro do not take any liabilities or responsibilities for the consequences from such mis-use or abuse.
We are from http://www.tolee.com
[edited 10/16/02 9:33:34 PM]
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hatemshehab
- Posts: 220
- Joined: Fri Apr 05, 2019 5:19 pm
On Board
As long as the bill of Lading fulfills the requirements of the article 23 which are 1. Indicate that goods are shipped on board named vessel 2. And this statement is signed 3. And dated by the issuer then it is not discrepant.
I agree with the explanation of Mr. Lee in response to your query.
I agree with the explanation of Mr. Lee in response to your query.