Questions on ICC Official opinion TA675

[berry]

Dear All, I have few questions on ICC Official opinion TA675. The presented statement there includes the followings

When the Place of Receipt box has been completed, any notation on this Bill of Lading of 'on board', 'loaded on board' or words to like effect, shall be deemed to be on board the means of transportation performing the carriage from the Place of Receipt to the Port of Loading. Where the bill of lading is non-negotiable, the Carrier may give delivery of the Goods to the named consignee upon reasonable proof of identity and without requiring surrender of an original bill of lading. Where the bill of lading is negotiable, the Merchant is obliged to surrender one original, duly endorsed, in exchange for the Goods.

my query -

1. If the Bill of lading shows that or board notation will mean that shipped on board from port of loading and there is a place of receipt different from the port of loading, will we require a extended on board notation?

2. In th opinion it was decided that the condition of non negotiable bill of lading (underlined) does not conflict with the credit requirement (i.e ++BILLS OF LADING THAT ON THEIR FACE INDICATE THAT GOODS MAY BE RELEASED WITHOUT PRESENTATION OF AN ORIGINAL BILL OF LADING ARE NOT ACCEPTABLE." [Emphasis added] )

if the clause of the bill of lading exclude the term non-negotiable and says " the Carrier may give delivery of the Goods to the named consignee upon reasonable proof of identity and without requiring surrender of an original bill of lading." should we count it as discrepancy?

3. can we consider the clauses as terms and conditions?

[picant]

Hi Pal,
In Coastline Solutions News letter it is written that in November 2009 will be presented a "GUIDANCE PAPER" on some aspects in bill of lading. We will see.

1)A document checker must be able to determine that the bill of lading appears to indicate that the shipped on board statement(pre-printed wording or by separate notation) relates to loading on board the named vessel at the port of loading stated in the crdit and not to any precarriage of the goods between a place of receipt or taking in charge and the port of loading. if not so evident an extended on board notation , etc is necessary.

2) Instead of call for: Full set clean on board bill of lading made out to the order ..........., marked freight ......., Notify:....... dated within.......
where Full set, clean and on board are compulsary as per art 20 + 27 UCP 600, it will be necessary to word the l/c as follows:
-Negotiable bill of lading marked freight prepaid/collect, indicating notify:......... issued with (latest shipment date)

3) IMHO, those are relevant data to the shipment and not terms and conditions.

Other comments appreciated
Ciao