SHIPMENT DATE ON COPY OF TRANSPORT DOCUMENT

QUESTION

Dear Mr. Huu Duc!

Please help us with the following cases:

Question 1:

LC issued by our bank stipulates latest shipment date as 150915 and requires presentation of copy of Air Waybill.

A copy of the Air Waybill presented states “executed on Sep 19, 2015” and there is no notation of flight number and date.

I tend to raise the discrepancy “late shipment”. However, some of my colleagues think that I can not raise such a discrepancy because the LC requires presentation of copy of Air Waybill without stipulating how to identify the shipment date on the copy of the Air Waybill, hence, the execution date on the copy of the Air Waybill is not deemed to be the shipment date.

Question 2:

What if an original Air Waybill marked “for shipper” is presented?

Question 3:

In case LC stipulates latest shipment date as 150915 and requires presentation of copy of Bill of Lading

3.1)  Can I raise the discrepancy “late shipment” if a copy of  Bill of Lading presented  shows shipped on board date as Sep 19, 2015?

3.2) Can I raise the discrepancy “late shipment” if an original of  Bill of Lading presented  shows shipped on board date as Sep 19, 2015?

I look forward to hearing from you!

Thanks and best regards,

BTH

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ANSWER

Hi,

According to ICC opinion TA767rev, a photocopy of an Air Waybill is not a transport document covered by the content of UCP 600 articles 19-25, and the examination thereof is to be completed only to the extent expressly stated in the LC, otherwise in accordance with UCP 600 sub-article 14 (f).

Data shown on a photocopy of an Air Waybill is to be read in context with the LC, the document itself and international standard banking practice, but is not to conflict with data in that document, any other stipulated document or the LC.

ISBP 745 paragraph A30 (b) says:  “When a credit requires the presentation of a copy of a transport document and indicates a disposal instruction for all originals of that document, a presentation is not to include any original of such document”.

In view of the above, here are my answers to your questions:

1) The shipment date shown on the copy of the Air Waybill cannot be used to determine if the shipment was late.

2)  Original Air Waybill marked “for shipper” is an original transport document. Assuming that the LC shows no instruction with regard to the disposal of all originals of the Air Waybill, the original Air Waybill presented (instead of a copy of Air Waybill) is acceptable and the shipment date shown on the original Air Waybill can be used to determine if the shipment is within the specified time. In this case, you can raise the discrepancy “late shipment”.

3.1 Same as Answer No. 1 above. The shipment date shown on the copy of the Bill of Lading cannot be used to determine if the shipment was late.

3.2 Same as Answer No. 2 above. You can raise the discrepancy “late shipment”.

Just my own reasoning!

Best regards,

Mr. Old Man