QUERY FROM PAN
Art 27 UCP CLEAN -This is the word
Hi friends,
I attended an educational on UCP 600-after one year experience and I really wondered when the speaker stated:"If a Bill of lading is requested in a doc. credit "MARKED CLEAN", the word "CLEAN" must appear on that document. I read UCP and Commentary 601 and I confirm my disagreement with said speaker. Commentary is clear Paragraph 91 ISBP 645 stated "The word clean need not to appear on a bill of lading even though the credit may require a "clean on board bill of lading" or one MARKED2Clean on board". This has been removed from the updated version of ISBP(ICC publ. no 681) for the more definitive and all-encompassing statement"The word "clean" need not appear on a transport document, even if a credit has a requirement for that transport document to be "clean on board".
Am I right or wrong?
Please your comments
Thanks and Ciao
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COMMENT FROM MR. OLD MAN
Clean on board B/L
With or without the word "CLEAN" does not make the B/L unclean or claused unless the B/L specifically bears a clause or notation declaring that the goods or packaging are detective.
Despite required by L/C, a B/L presented without indicating the word "CLEAN" would not constitute a valid discrepancy that leads to a refusal.
If the applicant, for some reason, wants the B/L to have this word, he should emphasize this requirement in Field 47A (additional conditions) that B/L presented without indicating the word "CLEAN " or "CLEAN ON BOARD" will be deemed to be discrepant.
Best regards,
Nguyen Huu Duc …