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PARTIAL SHIPMENT OR NOT?

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VENKAK’S QUERY

HI LC experts,

Need your opinion on Parital shipments.

Here is the question, LC prohibits partial shipments, FCR is asked in LC. Exporter presented two FCRs and Invoices. FCRs presented have two different cargo received dates, same vessel name and same destination. Does it consitute discrepancy as partialshipment effected?

And here presented document is FCR which is not defined by UCP600.

Venkat. Velupalli

———————-

MR. OLD MAN’S COMMENT
Not discrepant

Dear Venkak,

Not discrepant.

My reasoning is based on ISBP Para. 80, 105 and 125 which are quoted hereunder for your reference:
80. If a credit prohibits partial shipments and more than one set of original multimodal transport documents are presented covering shipment, dispatch or taking in charge from one or more points of origin (as specifically allowed, or within the geographical area or range stated in the credit), such documents are acceptable, provided that they cover the movement of goods on the same means of conveyance and same journey and are destined for the same destination. In the event that more than one set of multimodal transport documents are presented and if they incorporate different dates of shipment, dispatch or taking in charge, the latest of these dates will be taken for the calculation of any presentation period, and such date must fall on or before any latest date of shipment, dispatch or taking in charge specified in the credit.

105. If a credit prohibits partial shipments 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 the geographical area or range stated in the credit), such documents are acceptable provided that they cover the shipment of goods on the same vessel and same journey and are destined for the same port of discharge.
In the event that more than one set of bills of lading 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 and must fall on or before the latest shipment date specified in the credit. Shipment on more than one vessel is a partial shipment, even if the vessels leave on the same day for the same destination.

125. If a credit prohibits partial shipments, and more than one set of original charter party bills of lading are presented covering shipment from one or more ports of loading (as specifically allowed, or within the geographical area or range stated in the credit), such documents are acceptable, provided that they cover the shipment of goods on the same vessel and same journey and are destined for the same port of discharge, range of ports or geographical area. In the event that more than one set of charter party bills of lading 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 and must fall on or before the latest shipment date specified in the credit. Shipment on more than one vessel is a partial shipment, even if the vessels leave on the same day for the same destination.

Best regards,
Nguyen Huu Duc …

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One Comment

  1. M.C

    June 21, 2016 at 6:34 am

    Hi

    Relating to above answer, my opinion is same: no discrepancy. However in my opinion, i think that FCR is not transport docs as defined in UCP 600, so we cann not base on multiple received cargo date to define partial shipment or not. FCR is only checked extent to L/C and article 14(f)

    Reply

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