Home Uncategorized DOCUMENTS ARE TO BE PRESENTED WITHIN XX DAYS FROM/AFTER SHIPMENT DATE

DOCUMENTS ARE TO BE PRESENTED WITHIN XX DAYS FROM/AFTER SHIPMENT DATE

4 min read
14
0
6,526

QUESTION

Dear Mr Old Man,

I have a case with details as following:

LC required: Documents are to be presented within 10 days after shipment date

Shipment date was 29 Nov 2013

So, I determined the presentation period was from 30 Nov to 9 Dec 2013 (including 9 Dec). However, my colleague argued that it should state FROM 29 Nov.

What is your opinion?

I'm looking forward to your answer.

Thanks and best regards!

LLG
———————————————

ANSWER

Hi,

If documents are required to be presented within 10 days from/after shipment date and the shipment date is 29 November, 2013, the documents can be presented to the issuing bank/nominated bank on any banking day from 30 November, 2013 to 9 December, 2013 inclusive.

Please refer to ISBP 745 paragraph A15, which says: The words the "from" and "after" when used to determine a maturity date or period for presentation following the date of shipment, the date of an event or the date of a document, EXCLUDE THAT DATE in the calculation of the period.

Kind regards,
Mr. Old Man
————-

FURTHER QUESTION

1) You mean the complying presentation is just from 30/11/2013 to 9/12/2013, and the presentation made on shipment date 29/11/2013 is not complying. Is my understanding correct?

2) What if Field 48 states "21 days after/from shipment date" instead of " WITHIN 21 days after/from shipment date"?
———–
ANSWER

1) Yes. It’s not complying. It’s early presentation. Please follow this link to see how to deal with this issue,: http://my.opera.com/mroldmanvcb/blog/2012/08/27/early-presentation

2) Regarding the case where Field 48 states "21 days after/from shipment date" instead of " WITHIN 21 days after/from shipment date", I see there are two different views:
Some have the view that it is the same as “within 21 days after/from shipment date" as it is stated under the field “period for presentation” which means a period of time and not a certain date, whereas some others have the view that when so stating in the LC, the issuing bank expects the documents to be presented after 21 days from shipment date, during this period the vessel will arrive at the port of discharge.

My view:
It is advisable for the beneficiary to insist on amendment if he intends to present the documents on any banking day within 21 days after shipment date instead of after 21 days from shipment day.

Load More Related Articles
Load More By Mr Old Man
Load More In Uncategorized

14 Comments

  1. anonymous

    November 30, 2013 at 1:11 am

    Anonymous writes:From Para A15, ISBP 745 and your explain, I know that in the case: 10 days after the date of shipment or 10 days from the date of shipment, where the date of shipment was 4 May, will be 14 May, or where the date of shipment was 29 Nov, will be 09 Dec, i.e exclude that date in the calculation of the period. From Para A14 b. ii.: for the purpose of calculation of a period of time, the term "within" when used in connection with a date or event excludes that date or the event date in the calculation of the period. However, in the above mentioned case, it is combined ‘’within’’ and ‘’after’’. In the light of Para 16a, ISBP 681, it is clearly indicated that : “within 2 days after” indicates a period from the date of the event until 2 days after the event. It means that it is included that date in the calculation. Hence, whether or not this issue in ISBP 745 is inconsistent with ISBP 681. Moreover, where LC required: ‘’BENEFICIARY'S CERTIFICATE CERTIFYING THAT ONE SET OF NON-NEGOTIABLE SHIPPING DOCUMENTS HAS BEEN SENT BY EXPRESS COURIER TO APPLICANT WITHIN 10 DAYS AFTER SHIPMENT DATE. A RELATED EXPRESS COURIER RECEIPT MUST BE ENCLOSED’’. The shipment date is on 29 Nov, picked up date of Express Courier receipt is also on 29 Nov. As per ISBP 681, we often accept it. Now, as per ISBP 745, we must raise a discrepancy, don’t we?

    Reply

  2. mroldmanvcb

    November 30, 2013 at 9:11 am

    I think paragraph A15 is not applicable to the specific case in your question. Please note A15 deals with the calculation of period for presentation.

    Reply

  3. anonymous

    December 1, 2013 at 3:11 am

    Anonymous writes:Regarding further question posted:1. IMHO, it is complying. Pls refer to Para 16a. ISBP 681. It is clearly indicated than that in Para A14b and A15 ISBP 745 (about phrase ‘’within’’ and ‘’ from’’).2. Where Field 48 states "21 days after/from shipment date", Para A15 is applicable to this case. Because it is used to determine a period for presentation following the date of shipment. Hence, this date (shipment date) is excluded in the calculation of the period. Where Field 48 states ‘’WITHIN 21 days after/from shipment date". It is similar to case 1. This date (shipment date) is included in the calculation of the period.

    Reply

  4. anonymous

    December 1, 2013 at 11:12 am

    Anonymous writes:Dear Mr.Old Man,Em có tình huống này trong chứng từ xuất trình:Trong L/C quy định: – Dung sai +/- 10% – partical shipment is allowedNhưng không nêu cụ thể giao hàng thành mấy lần và ngày tháng giao hàng.Vậy khi công ty em xuất trình bộ chứng từ với dung sai + /- 20% thì bộ chứng từ này có bất hợp lệ không?Nếu bên em nói sẽ giao hàng thành 2 lần – lần hai là 20% còn lại thì bank có chấp nhận không ạ? Em cảm ơn anh và mong nhận được hồi âm sớm nhất từ anh!

    Reply

  5. mroldmanvcb

    December 1, 2013 at 5:12 pm

    Nếu LC cho phép giao hàng từng phần thì người thụ hưởng có thể giao hàng nhiều lần miễn là:- số lượng hàng hóa giao không vượt số lượng quy định bao gồm cả dung sai.- trong thời hạn giao hàng quy định

    Reply

  6. anonymous

    December 2, 2013 at 10:12 am

    Anonymous writes:Dear Mr. Old Man,Nếu lần 2 bên em không giao hàng 20% còn lại và dựa vào việc giao hàng từng phần là được phép thì bộ chứng từ bên em có bất hợp lệ không ạ?Em cảm ơn anh!

    Reply

  7. mroldmanvcb

    December 2, 2013 at 1:12 pm

    KHÔNG.Mr. Old Man ví dụ để bạn yên tâm nhé: Theo LC cho phép giao hàng từng phần, người thụ hưởng phải giao 100 ô tô Ford 2013, ngày giao hàng chậm nhất là 02/12/2013.Chứng từ xuất trình thể hiện số lượng giao là 80 ô tô, ngày giao hàng là 01/12/2013. Như vậy có bất hợp lệ không? Câu trả lời là KHÔNG dù có thể biết rằng người thụ hưởng khó có khả năng giao tiếp số ô tô còn lại trong ngày 1 hoặc ngày 2/12/2013.

    Reply

  8. Alex Soon

    January 25, 2016 at 1:56 am

    Hi Old Man:

    Happy New Year to you. New year, new challenges and new questions as always.

    I could not find a more suitable section to post my questions which revolve around the word “within”.

    Shipment date: 15-Jan-2016
    Field 48: Documents to be presented 5 days within shipment date.

    This means i can present documents to the bank on any days ranging from 11-JAn-2016 to 19-JAN-2016. Am i correct in my interpretation?

    If field 48 were to state: “Documents to be presented within 5 days of shipment date”, then i can present documents on any day ranging from 10-JAN-2016 to 20-JAN-2016. Am i correct in my interpretation?

    Thanks in advance.

    Reply

    • mroldman

      January 25, 2016 at 4:23 am

      On business. Will answer when back.

      Reply

    • mroldman

      January 28, 2016 at 8:13 am

      Hi,
      1) I think the wording in field 48 (case 1) is ambiguous. How can you present the shipping documents including transport document prior to the shipment date? You cannot present the documents which have not yet been issued. Shipment date is 15 Jan; hence, it is impossible for you to present the documents on 11 Jan.
      Field 48 should be re-written as “Documents to be presented 5 days AFTER shipment date”.
      2) I see that the common wording in Field 48 would rather be “Documents to be presented 5 days AFTER shipment date” than “Documents to be presented within 5 days OF shipment date”.
      Again, you cannot present the documents which have not yet been issued. Shipment date is 15 Jan, hence, it is impossible for you to present the documents on 10 Jan. Presentation in this case can be made on any day from the shipment date.
      Kind regards,
      Mr. Old Man

      Reply

      • Alex

        January 28, 2016 at 4:53 pm

        Hi Mr Old.Man:

        My bad on my questions. I absolutely agreed with you on your views regarding the 2 given scenarios. I should have been clearer in my enquiries. Apologise for that.

        My intention was to understand the word “Within” in the context of UCP600 and ISBP745.

        To phase my question better, my enquiry will be: “reimbursement claim to be received 10 calendar days within 15-Aug-2016”. Does it mean reimbursement claim can be sent on 5/6/7/8/9/10/11/12/13/14 & 15-aug?

        Thanks in advance for your guidance and advice. Respect always.

        Reply

        • mroldman

          January 28, 2016 at 9:29 pm

          Agreed based on ISBP 745 paragraph A14(b)(ii).

          Reply

  9. Do do

    September 8, 2016 at 4:09 pm

    Dear Mr Old Man,
    Regard to the presentation period, ISBP 745 A6c states that copies of transportation docs will not be applied to any presentation period stipulated in credit, provided within the l/c validity. But in reality, i met the case: +l/c ask for a surrender b/l and all docs must be presented within 10 days after shipment date. Beneficiary presents a surrender b/l. Actually, it is a non-negotiable copy of B/L and is stamped SURRENDERED. So can i applied isbp A6c for this case, disregard to stipulated presentation time and present all docs prior to expiry date.
    Thank you so much and best regards.

    Reply

    • mroldman

      September 9, 2016 at 8:32 am

      No, A6c is not applicable unless LC states that …10 days after shipment date indicated on surrendered b/l.

      Reply

Leave a Reply

Your email address will not be published. Required fields are marked *

Check Also

TOUR XE ĐẠP THĂM CÁC NHÀ THỜ (P.4)

Tiếp tục hành trình khám phá các nhà thờ công giáo thuộc Giáo phận Đà Nẵng, hôm nay Mr. Ol…