Uncategorized WHERE CORRECTIONS ON A BILL OF LADING ARE AUTHENTICATED BY A SEPARATE STATEMENT By Mr Old Man Posted on February 28, 2014 4 min read 3 0 2,659 Share on Facebook Share on Twitter Share on Google+ Share on Reddit Share on Pinterest Share on Linkedin Share on Tumblr QUESTION We presented documents under 6 separate Ls/C. It was a commingled shipment all on the same vessel. Each BL mentioned the usual commingling clause “This shipment was loaded aboard the vessel as part of one original lot of 4000.153 kilos with no segregation…” The discrepancy (for one LC and then for all) was that the total mentioned in the commingling clause was less than the BL quantity. The commingling clause obviously should have said 4000.153 mts (not kilos). Time prevented the correction of each BL. But what we presented was a statement issued/signed by the Master’s agent (same agent who signed each BL) acknowledging that the commingling statement was incorrect and stating that the 4000.153 kilos on the BL was corrected to 4000.153 mts. The bank rejected the agent’s statement saying the correction needed to be on the BL and not by separate document. I don’t agree. I think the agents statement, especially signed in the same way as the Bs/L, is a clear correction and authentication of the correction. Would appreciate your comments. Thanks John ———— ANSWER Hi, According to ISBP paragraph E24, any correction of data on a bill of lading is to be authenticated. Such authentication is to appear to have been made by the carrier, master (captain) or any one of their named agents, who may be different from the agent that may have issued or signed a bill of lading, provided they are identified as an agent of the carrier or the master (captain). It is agreed that the carrier, the master or any one of their agents had better make any necessary correction on the face of each original bills of lading. However, if it is impossible for some reason, the carrier, the master or any one of their agents may issue a separate document of correction to the shipper or to any interested party. Please note that this correction document (statement) should include the bill of lading numbers or state that this document is an attachment to Bills of Lading No.xxx; No. xxx; No. xxx… or words of similar effect. Kind regards, N.H. Duc ———— P/s: The Q&A is from DCPro Discussion Forum of Feb 27, 2014
IS THE NOMINATED BANK REQUIRED TO VERIFY WHETHER THE BENEFICIARY HAS AUTHORIZED THE PRESENTING BANK TO PRESENT THE DOCUMENTS?
CAN THE ISUING BANK CITE “LATE PRESENTATION” AS A DISCREPANCY SOLELY BASED ON THE DATE OF THE COVER LETTER?
IS THE NOMINATED BANK REQUIRED TO VERIFY WHETHER THE BENEFICIARY HAS AUTHORIZED THE PRESENTING BANK TO PRESENT THE DOCUMENTS?
CAN THE ISUING BANK CITE “LATE PRESENTATION” AS A DISCREPANCY SOLELY BASED ON THE DATE OF THE COVER LETTER?