WHERE A CERTIFICATION IS ISSUED IN A SEPARATE DOCUMENT

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QUERY FROM WIL
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Hello Sheilar,

Small question:

l/c indicates: b/l to indicate … bla bla bla …

Presented b/l does not indicate bla bla bla

But instead of this clause on the bill of lading,a separate certificate issued and signed by the same carrier as mentioned on the bill of lading presents a certificate certifying … bla bla bla

In my opinion, this should be acceptable covered by ISBP art. 8. Am I right?

Kind regards,

Wil

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FROM SHEILAR
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Dear Wil,

I have a different view on this one.
ISBP para 8 mainly deals with how to produce a certificate; your case is how to indicate st in the b/l.
If this presented certificate forms part of the b/l , e.g. indicating "this certificate is attachment to b/l no.xxx", I think it is O.K.

Otherwise, there is some problems from a practical point of view:a b/l is actually a transport contract, any wording indicated in b/l is binding to each involved party. But a certificate even issued by the same carrier is independent to the b/l … …

But whether to waive or cite the discrepancy is another issue.

Best regards
Sheilar

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FROM SHEILAR
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Dear Nguyen Huu Duc, Abra,

I'll be very appreciated if you could give some opinion on the follow issue (see blow, pls).
Thanks and best regards

Sheilar
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FROM MR. OLD MAN
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Dear Sheilar,

The fact that the carrier issued a separate certificate could have been understood as an error correction measure taken by the carrier at the shipper/beneficiary’s request after the beneficiary’s bank checked and found the bill of lading presented did not indicate bla bla bla… as required in the L/C.

Notwithstanding that ISBP paragraph 8 does not appear to be applicable to the described scenario, my own view is that the certificate is acceptable if it is issued by the carrier and contains a reference to the bill of lading, for example, bill of lading number and date…

Best regards,
Nguyen Huu Duc
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FROM MR. ABRAR
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Dear Sheilar

Sorry for the delay.

It is not clear whether the certification relates to a generic information (e.g vessel age, class), or something specific to the consignment (packing etc).

However, notwithstanding this, I would agree with Nguyen's, and your comments below. The important point is that even if the certificate is not intended to form an integral part of the B/L, it should nevertheless contain evidence of linkage; that it relates to the voyage, and vessel under the B/L. On this basis, I would accept the document.

Kind regards

Abrar