TYPING ERROR

QUERY FROM KIM LOAN

Dear Mr. Old Man,

I would like to ask your comment because its really my matter now….

Invoice presented :

In the box of description of goods:
+ Commodity : A
+ Unit price : 440usd/mt
+ Total amount : USD18.038,4
(the total amount is less than LC amount , LC allow partial shipment )

Also quoting other information such as : origin of goods, trade term, B/L NO., LC no,. ……)
.

In the other box of details :
+ Commodity : A
+ Unit price : 440usd/mt
+ Quantity : 41.61 mt
+ Invoice total : USD18.308,4
.
The amount on draft is USD USD18.308,4.
…
Showing likes that can make the buyer has to face on troubles with custom clearance because there are 2 amount. But,
Can the issuing bank raise the discrepancy likes that : the invoice amount is inconsistent with itself ? ??
.
I personally think that: the issuing bank cant not refuse this doc, because it is obvious a typing mistake and we pay on the invoice amount not total amount . In addition, the invoice amount is suitable with quantity and unit price showed on itself and other docs such as B/L, etc….
Please give me your comments, Sir ?
.
I look forward to hearing from you !!!

Best regards,
Kim Loan

———–

COMMENT

Hi Nguyen Loan,

Neither ISBP nor ICC Opinions can cover every circumstance with regards to misspellings and typing error.
Your case does not exactly match any example in ISBP para. 25, which says “A misspelling or typing error that does not affect the meaning of a word or the sentence in which it occurs does not make a document discrepant. For example, a description of the merchandise as "mashine" instead of "machine", "fountan pen" instead of pen" or "modle" instead of "model" would not make the document discrepant. However, a description as "model 123" instead of "model 321" would not be regarded as a typing error and would constitute a discrepancy”.

However, I believe the issuing bank must know very well that it is just a typing error as USD18,308.40 is the correct amount (i.e. equal to 46.1x 440). Therefore, it should not refuse the documents based on this mistake.

Best regards,
Mr. Old Man (Nguyen Huu Duc) …