Home Uncategorized WHETHER A DOCUMENT MAY INDICATE A DATE OF ISSUANCE LATER THAN THE DATE OF SHIPMENT

WHETHER A DOCUMENT MAY INDICATE A DATE OF ISSUANCE LATER THAN THE DATE OF SHIPMENT

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A motor boat is heading up Cu De river.

QUESTION

Dear Mr. Old Man,

L/C requires:

HEALTH CERTIFICATE(S) ISSUED BY GOVERNMENTAL AUTHORITY, INDICATING:

(A) THE FISHMEAL WAS PRODUCED IN A PROCESSING PLANT DEDICATED ONLY TO FISHMEAL PRODUCTION WHERE NO MATERIAL OF ANIMAL ORIGIN OTHER THAN FISH AND SEA FISH PROTEIN IS BEING USED;

(B)THE FISH MEAL WAS TRANSPORTED IN MANNER TO AVOID COMMINGLING WITH OTHER ANIMAL PROTEIN.

Bill of Lading presented shows the date of shipment as 27/11/2014 whereas Health Certificate shows the date of issuance as 28/11/2014.

Can we raise the discrepancy “Health Certificate issued later than shipment date?

Looking forward to receiving your reply soonest.

Thanks and best regards,

NGLC

—————————–

ANSWER

Hi,

There is no discrepancy.

Unless required by the LC, a document such as, but not limited to, certificate of analysis, inspection certificate or fumigation certificate,  may indicate a date of issuance later than the date of shipment  (ISBP para. A12 a.).

By the way, for your information, a document may be dated prior to the issuance date of the LC, but must not be dated later than its date of presentation (UCP 600 sub-article 14(i).

Kind regards,

Mr. Old Man

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2 Comments

  1. Thanh thanh

    October 20, 2016 at 7:38 pm

    Dear Mr Old Man,
    I also met a case relating to the date on certifictae of analysis.
    ++ Lc requires:
    45a:
    Crude fat: 7% min
    if crude fat is under 7%, Buyer will pay The amount which is deducted 1% from the invoice amt.
    .
    46a: certificate of analysis issued by independent party.

    ++ the beneficiary ships goods on shipment date-12/10/2016 and presents 2 sets of certificate of analysis to our bank
    The first one:
    Title: certificate of analysis
    Issued on : 30/9/2016
    Analysis date on :29/9/2016
    Crude fat as recived: 6,5 %
    Crude fat on dry matter: 7,2%.
    .
    The second one:
    Title: certificate of analysis
    Issued on : 17/10/2016
    Analysis date on :17/10/2016
    Crude fat as recived: 7,4%
    Crude fat on dry matter: —
    .
    Dear Mr Old Man, i raise the discrepancy due to the good specification on the first analysis cert. conflict with lc stipulation, and the second cert. can not be accepted because it shows goods inspected after shipment date. While another staff does not agree due to the second cert. showing the complied specification. We really need your explaination of this case. Thank you so much!

    Reply

    • mroldman

      October 21, 2016 at 9:02 am

      1. First certificate of analysis is discrepant as crude fat rate is lower than required. But I’m afraid you cannot refuse the document because of such a discrepancy but only deduct 1% from invoice amount.
      2. Agreed with your friends, L/C does not require analysis date to be earlier shipment date, so it is acceptable

      Reply

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