CERTIFICATE NOT ISSUED BY MANUFACTURER

QUESTION

Dear Mr. Old Man,

Thanks a lot for your support all the time. Now I am facing a difficult case which I would like to ask for your opinion:

LC states:

F59 (Beneficiary): SHANGHAI FAMOUS SCIENCE & TECHNOLOGIES CO., LTD

F45A (Description of Goods): 28,000 SETS OF HANDSET GSM MODEL MF 6303”

F46A (Documents required): CERTIFICATE OF QUALITY AND QUANTITY ISSUED BY MANUFACTURER

A Certificate of Quality and Quantity issued on the beneficiary’s stationery and signed by the beneficiary (SHANGHAI FAMOUS SCIENCE & TECHNOLOGIES CO., LTD) without indicating its capacity as manufacturer with the following contents:

DESCRIPTION OF GOODS

HANDSET GSM MODEL MF 6303

QUANTITY: 28,000 SETS

QUALITY: 100PCT BRAND-NEW, COMPLETE SETS INCLUDING HARDWARE, SOFTWARE AND ACCESSORIES AND MANUFACTURED BY SHANGHAI TELECOMMUNICATION INDUSTRY CO., LTD IN CHINA IN THE YEAR OF 2014.

Question:

Can we raise the discrepancy “ Certificate of Quality and Quantity not issued by manufacturer”?

Thank you for your support.

Best regards,

HM

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ANSWER

Hi,

A certificate is to be issued by the entity stated in the LC (ISBP 745 paragraph Q3). The goods are manufactured by Shanghai Telecommunication Industry Co., Ltd and not Shanghai Famous Science & Technologies Co., Ltd. Therefore, Shanghai Telecommunication Industry Co., Ltd is the manufacturer who should have issued the certificate as required by the LC.

The stated discrepancy is valid.

Kind regards,

Mr. Old Man