Uncategorized MUST A BANK ACCEPT SIMILAR DISCREPANCIES OF FUTURE DRAWINGS By Mr Old Man Posted on June 22, 2014 1 min read 1 0 2,160 Share on Facebook Share on Twitter Share on Google+ Share on Reddit Share on Pinterest Share on Linkedin Share on Tumblr QUESTION Documents covering a partial shipment are presented and accepted under a L/C that prohibits partial shipments. Would you consider their acceptance by the applicant despite this discrepancy as an amendment to the credit allowing other partial shipments presentations? A.S Regards ——— ANSWER Hi, I don’t think so. The fact that a bank accepts a presentation containing discrepanc(ies), with or without an applicant waiver, does not bind that bank to accept subsequent presentations containing a similar discrepanc(ies). Please refer to ICC Opinion R332, which states the same. The beneficiary should ask for an amendment allowing partial shipments or at least a message from the issuing bank confirming that further shipments of the remaining goods is acceptable or words of similar effect. Kind regards, Mr. Old Man P/s: This Q&A is quoted from DCPro Discussion Forum of June 22, 2014
IS THE NOMINATED BANK REQUIRED TO VERIFY WHETHER THE BENEFICIARY HAS AUTHORIZED THE PRESENTING BANK TO PRESENT THE DOCUMENTS?
CAN THE ISUING BANK CITE “LATE PRESENTATION” AS A DISCREPANCY SOLELY BASED ON THE DATE OF THE COVER LETTER?
IS THE NOMINATED BANK REQUIRED TO VERIFY WHETHER THE BENEFICIARY HAS AUTHORIZED THE PRESENTING BANK TO PRESENT THE DOCUMENTS?
CAN THE ISUING BANK CITE “LATE PRESENTATION” AS A DISCREPANCY SOLELY BASED ON THE DATE OF THE COVER LETTER?