Charge Realization Clause Against Discrepency Of Document

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Shafq
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Charge Realization Clause Against Discrepency Of Document

Post by Shafq » Mon Oct 21, 2013 2:22 pm

In practice we often include clause in L/C 47A additional condition" If the document contain we discrepancy we will deduct USD50 from the bill value during payment."
In same l/c we also include "
78-Inst to negotiating bank/pay bank
Document containing any discrepancy must not be negotiated even against guarantee .

Is this contradictory. Pls give ur opinion on this.

abrar
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Discrepancy

Post by abrar » Mon Oct 21, 2013 11:43 pm

If the documents are discrepant, the IB is directing the NB not to pay under reserve. Whether this can be enforced is debatable, as even if thd NB decides to pay under reserve, it is not compelled to advise the IB that it has done so.

However, the two conditions are not related. If the documents are discrepant, the IB will in any case determine compliance at its counters, and if discrepant, will charge a fee. This is without consideration of whether the NB chooses to pay under reserve (without advising the IB) or whether the NB considers the presentation to be compliant.

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