Home Uncategorized HOW TO DETERMINE THE PRESENTATION PERIOD WHEN MULTIPLE SETS OF BILLS OF LADING ARE PRESENTED

HOW TO DETERMINE THE PRESENTATION PERIOD WHEN MULTIPLE SETS OF BILLS OF LADING ARE PRESENTED

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QUESTION

Dear Mr. Old Man,

Let me go straight to the point and ask you this question.

Regarding The Tenor of L/C, ISBP Paragraph 43(e) and (f) stated that:

– If more than one set of BoL is presented under one draft, the date of the LAST BoL will be used for the calculation of the maturity date.

– If a BoL showing more than one on board notation, …, the EARLIEST of these on board dates would be used for calculation of the evidences on board vessel

Correspondingly, on calculating of the latest date of shipment, ISBP Paragraph 105 stated that:

– … In the event that more than one set of BoLs are presented and incorporate different dates of shipment, the LATEST of these dates of shipment will be taken for the calculation of any presentation period.

– Nonetheless, there is NO article/paragraph stipulating how to determine the presentation date for BoL showing more than one board notations.

On Frequently asked questions under UCP 600 of Gary Collyer, the same issue has been raised but the suggested answer cannot be considered comprehensive enough.

I want to ask your opinion on this situation?

Thanks and best regards.

Thomas
—————–

ANSWER

Dear Thomas,

I would like to note that ICC has just published a new ISBP version called ISBP 745 paragraph E19 of which can answer your question. Please find below herewith paragraph E19 ISBP 745:

a. When a credit prohibits partial shipment, and more than one set of original bills of lading are presented covering shipment from one or more ports of loading (as specifically allowed, or within a geographical area or range of ports stated in the credit), each set is to indicate that it covers the shipment of goods on the same vessel and same journey and that the goods are destined for the same port of discharge.

b. When a credit prohibits partial shipment, and more than one set of original bills of lading are presented in accordance with paragraph E19 (a) and incorporate different dates of shipment, the latest of these dates is to be used for the calculation of any presentation period and must fall on or before the latest shipment date stated in the credit.

c. When partial shipment is allowed, and more than one set of original bills of lading are presented as part of a single presentation made under one covering schedule or letter and incorporate different dates of shipment, on different vessels or the same vessel for a different journey, the earliest of these dates is to be used for the calculation of any presentation period, and each of these dates must fall on or before the latest shipment date stated in the credit.

So, I wish to answer your questions as follows:

In line with paragraphs E19 (a) and (b) ISBP 745, the latest date shall be used for calculation of the presentation period for both situations.

As ISBP 745 is silent as to the situation where a bill of lading shows more than one dated on board notation, my answer had to be based on paragraphs E19 (a) and (b). I thought the principle applied to the situation in E19 (a) and (b) could apply to the situation in question. In my opinion, paragraph E19 should have included this situation.

I hope you are now quite satisfied with my answer.

Kind regards,
Mr. Old Man

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7 Comments

  1. anonymous

    August 5, 2013 at 11:08 pm

    chippink writes:Dear Mr.Old Man,First of all, i am so sorry if i make a question to you in a wrong place, because i can not find where i can make a new article in your blog. i got the problem that the quantity shown as follows: + Invoice : 1,500 MT+ Packing list : 1,500 MT+ B/L: 1.500 MT the problem here is decimal mark. The true number here is one thousand five hundred MT and B/L also means one thousand five hundred MT. However, Based on decimal mark, if we call quantity on invoice and packing list to be one thousand five hundred MT, the B/L will read it as one point five MT. I also met another case, L/C stipulates:quanity: 15.200 MTunit price: USD2,000/MTamount: USD30,400Invoice showed quanity: 15,2 MTunit price: USD2,000/MTamount: USD30,400In this case, we can see the quantity should be 15.2 I/O 15,2, but we also can understand that is fifteen point two. Should i ignore those mistake? i haven't seen this subject on UCP. Thank you so much! And have a nice week, Mr.Old Man. ^^

    Reply

  2. mroldmanvcb

    August 6, 2013 at 10:08 am

    I would classify these errors as misspelling or typing errors. If they do not affect the meaning of the figure or make us misunderstanding, then they do not make the document discrepant.

    Reply

  3. M.C

    April 21, 2016 at 11:06 pm

    Dear

    Please help us to clarify the issue relating to determine the presentation period:
    In case LC prohibits partial shipment, however, more than one set of BL presented as part of a single presentation made under one covering letter show the discrepancy – partial shipment. It means: different date of shipment, on different vessel. How can we determine the presentation period

    Reply

    • mroldman

      April 22, 2016 at 3:39 pm

      Hi,

      As indicated in the covering schedule you can refuse the documents stating the discrepancy “partial shipment”.
      What if LC prohibits partial shipment and more than one set of original bills of lading are presented as part of a single presentation made under one covering schedule or letter and incorporate different dates of shipment, on different vessels or the same vessel for a different journey?

      This situation is not covered in ISBP, but I think ISBP 745 para. 19 (c) can be applied, i.e. the earliest of these dates is to be used for the calculation of presentation period.

      Kind regards,
      Mr. Old Man

      Reply

  4. Tan

    June 22, 2016 at 10:51 am

    Hi

    Revisiting the issue – determining the latest presentation date in case of multiple bill of ladings, we have concerns:
    1. LC prohibits partial shipment, multiple bill of ladings show: different date of shipment, different vessels. We know that in this case late shipment is effected–> this is a discrepancy. But which date we define the latest presentation date: earliest or latest date.

    2. lc allows partial shipment, multiple bill of ladings show: different date of shipment, same vessels, same destination. which date we define the latest presentation date: earliest or latest date.

    In my opinion which date to calculate is based on terms and conditions of lc which allows partial shipment or no. In case lc prohibit partial shipment, even multiple bill of lading shows partial shipment effected, we still use the latest date of shipment to calculate???. Similiar to second case, it will be the earliest date. Is it correct

    Can you advise any ICC commission relating to the issue

    Thanks and best regards

    Tan

    Reply

    • mroldman

      June 23, 2016 at 10:39 am

      Hi,

      Your question makes me think much!!!

      My view is as follows:

      1. Shipment on more than one vessel is a partial shipment. Case No. 1 is not covered by ISBP E19. So in addition to the discrepancy “partial shipment”, you may cite the discrepancy “late presentation” based on the any shipment date which constitutes late presentation. I don’t think the presenter can reject the discrepancy.

      2. Shipment on different dates but on the same vessel is not a partial shipment. So, based on ISBP E19 (b), the latest of the shipment dates is to be used for calculation of the presentation period.

      I don’t think ISBP E19 (b) is apopropriate for Case No. 2.

      Kind regards,
      Mr. Old Man

      Reply

      • Vivek Singh

        May 17, 2017 at 7:08 am

        Hi Mr. Old Man,

        Further to your comment on CASE 2 above, since LC allows partial shipment ISBP 745 para E19 (c) will apply, the earliest date will be used for calculation of maturity date.

        Regards,
        Vivek

        Reply

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