ON BOARD NOTATION 2

QUERY FROM CANDY

Dear Mr. Old man,

I have one question relating to UCP 600, art. 20 a(iii)
LC required: port of loading: Cai Lan port, Vietnam

A presented marine bill of lading with details (inter alia)

PRE-CARRIAGE BY: ABC
PLACE OF RECEIPT: HAIPHONG PORT, VIETNAM
VESSEL/ VOYAGE: XYZ
PORT OF LOADING: CAI LAN PORT, VIETNAM

The presented B/L hasn’t got any on board notation.

According UCP 500 art. 23, this B/L absolutely contains a discrepancy because it doesn’t bear an on board notation, UCP 500 art 23a(ii) stated if the bill of lading indicates a place of receipt or taking in charge different from the port of loading, the on board notation must also include the port of loading stipulated in the credit…

According to UCP600 art. 20, is this B/L discrepant?

In my opinion, this B/L is not discrepant. Because UCP 600 art.20 a(iii) just stipulated …indicate shipment from the port of loading to the port of discharge stated in the credit . The presented B/L satisfied the requirement of the LC and UCP art. 20 (iii) (i.e: shows the port of discharge as CaiLan port).

But my colleagues argue that this BL is discrepant on the ground that the bill doesn’t contain the on board notation while port of loading differs from place of discharge.

How is your opinion?

Thanks for your time and attention.

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COMMENT FROM MR. OLD MAN

Dear Candy,

I must say it's discrepant.

Please refer to Article 20 (a)(ii), which says "A bill of lading, however named, must appear to indicate that goods have been shipped on board a named vessel at the port of loading stated in the credit by:

* pre-printed wording, or
* an on board notation indicating the date on which the goods have been shipped on board."

In view of the above, the said bill of lading is deemed to be discrepant as it does not contain an on board notation.

To avoid a disputable discrepancy, the on board notation should include the date of shipment, the vessel name and the port of loading as follows:

SHIPPED ON BOARD XYZ VESSEL
AT CAI LAN.PORT, VIETNAM
16 JULY, 2008

Hoping it is helpful.
Best regards,
Mr. Old Man
P.S:
Famous last Quote
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‘Reality is merely an illusion,
albeit a very persistent one.’
….Albert Einstein

Or as adapted to the LC world by an anonymous LC Officer

‘On board notations are merely an illusion that goods have really been shipped on board,
albeit a very persistent one.’
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