LATE DELIVERY PENALTY CLAUSE QUESTION Dear Mr. Old Man, We need your comment on the following case: A credit issued by our bank states in Field 47A as follows: “Late shipment is acceptable but subject to a penalty of 2.5% for every 7 days (odd days less than seven days is considered as seven days). The total amount of penalty shall not exceed 10% … Read More
WHETHER THE BENEFICIARY CAN NEGOTIATE THE DOCUMENTS WITH THE 1ST ADVISING BANK QUESTION Hi Sir, Can 1st advising bank contact the beneficiary and negotiate documents directly even there is a 2nd advising bank indicated in the LC? Regards, dotcom ———– ANSWER Hi, Where the L/C is available with any bank by negotiation, the beneficiary may present the documents to any bank including the first advising bank for negotiation. Where the L/C … Read More
ISSUING BANK’S LIABILITY UNDER THE SHIPPING GUARANTEE QUESTION Hi Mr. Old Man, Could you please give your comments on the following: 1) The issuing bank has issued a shipping guarantee to enable the applicant to take delivery of the goods without presentation of original bills of lading. If the original bills of lading made to the order of the issuing bank are lost in transit, what are … Read More
CONSIGNEE IN SURRENDERED BILL OF LADING QUESTION Dear Mr. Old Man, We are arguing about consignee in Surrendered Bill of Lading and need your expert opinion. The case is as follows: L/C issued on 15 August, 2017 required Bill of Lading made out to the order of issuing bank. Amendment issued on 20 August, 2017 states “Surrendered Bill of Lading acceptable” The beneficiary presented Surrendered Bill … Read More
DOCUMENTS LOST IN TRANSIT QUESTION Dear Mr Old Man, Please help me to clarify my confusions about the paragraph of article 35 UCP 600, which says “If a nominated bank determines that a presentation is complying and forwards the documents to the issuing bank or confirming bank, whether or not the nominated bank has honoured or negotiated, an issuing bank or confirming bank must … Read More
WHETHER A COUNTERSIGNATURE IS TREATED AS AN ENDORSEMENT QUESTION Dear Mr Old Man, Please help me to solve the following problem: L/C requires Insurance Certificate to be endorsed in blank. The Insurance Certificate presented shows: * This Insurance in event of assignment requires endorsement by the Insured/ Cover Holder (Party A) * Not Transferable unless countersigned by the Insured Party A countersigned, but it did not endorse. So is … Read More
WHERE ALL ORIGINAL BILLS OF LADING MUST BE PRESENTED QUESTION A credit requires the presentation of ‘3 / 3’ (that is, three of three) original multimodal transport documents. The presented document indicates that four originals have been issued. The beneficiary has presented three originals. The nominated bank has refused the documents for the absence of one original multimodal transport document. The beneficiary is arguing that the credit required only … Read More
WHERE C/O HAS NO SIGNATURE BUT A REFERENCE TO A WEBSITE FOR AUTHENTICATION QUESTION Dear Mr. Old Man, I would be grateful if you could give me advice in this case: The C/O presented under Import LC is not signed but refer to clause: “For certifying authority use only VERIFY URL:HTTP://WWW.CO-CCPIT.ORG” So this clause satisfy the requirement of signature or not? I look forward to hearing from you soon, Ha Thu Hang ———– … Read More
LC AVAILABLE BY NEGOTIATION WITH DRAFTS ON CONFIRMING BANK QUESTION Dear Mr. Old Man, Can the confirming bank negotiate the documents in the event of Draft drawn on them? My understanding is if the draft is drawn on a bank, it can only honour the payment. However, one of my colleagues told me that it is possible for the confirming bank to negotiate the documents as per the UCP … Read More
HOW TO PRESENT THE DOCUMENTS WHERE LC IS AVAILABLE WITH A NOMINATED BANK OUTSIDE THE BENEFICIARY’S COUNTRY This place is called God’s Well. I came here with some of my biking friends with our bikes on the shoulders. Dare not come back here again! QUESTION Dear Mr Old Man, We received an L/C with the details as follows: Sender: ABC Bank Singapore Receiver: XYZ Bank Vietnam Expiry date: 1/1/2017 in Vietnam Available with ABC Bank Singapore by negotiation. … Read More