Port of Discharge is Different From LC

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mani
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Port of Discharge is Different From LC

Post by mani » Tue Feb 07, 2012 3:38 pm

Hi,

Please your comments are any opinion number for the below said situation.

LC requirement:
OCEAN BILL OF LADING
44E: Port of loading - Melbourne Australia
44F:Port of discharge- Port Said,Egypt.

Note: Transhipment allowed.

Ocean bill of lading presented evidences as below:

Port of Loading: Melbourne
Port of Discharge:Alexandia Port,Egypt
Place of delivery: Port Said,Egypt.

Is it bill of lading discrepancy?

Please give your valuable comments.

Regards
Mani.

abrar
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Port of discharge

Post by abrar » Tue Feb 07, 2012 4:57 pm

Not a discrepancy.

Para 99 of ISBP :

" While the named port of discharge, as required by the credit, should appear in the port of discharge field within the bill of lading, it may be stated in the field headed "Place of final destination" or the like if it is clear that the goods were to be transported to that place of final destination by vessel and provided there is a notation evidencing that the port of discharge is that stated under "Place of final destination" or like term. "

dinesh2476
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Port of discharge

Post by dinesh2476 » Tue Feb 07, 2012 5:45 pm

Dear Abrar,

Thanks.

I have small doubt on the below UCP clause. Is this clause specifically taking taking about a noation which should state

''
The goods were transported to place of final destionation by vessel and port of discharge is mentioned under port of fianl destionation
''
And also confirm what is the point of insert the below clause in UCP.


Quote
if it is clear that the goods were to be transported to that place of final destination by vessel and
provided there is a notation evidencing that the port of discharge is that stated under "Place of final destination" or like term. "
Unquote



" While the named port of discharge, as required by the credit, should appear in the port of discharge
field within the bill of lading, it may be stated in the field headed "Place of final destination" or the
like if it is clear that the goods were to be transported to that place of final destination by vessel and
provided there is a notation evidencing that the port of discharge is that stated under "Place of final destination" or like term. "


Thanks&Regards
Dinesh

abrar
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Paragraph 99

Post by abrar » Tue Feb 07, 2012 6:50 pm

The key here is to ensure that the B/L evidences that the second transhipment leg has been effected by vessel, and clearly indicates that the place stated in the "place of final destination" is a port, and that the named place is the actual designated port of discharge as stated in the LC.

Provided all vessels have been identified, my view is that on the face of it, the document complies, but for avoidance of doubt, I would suggest a clause on the B/L such as : " transportation from Alexandria port to Port Said (being port of final discharge) effected by vessel "M/T...."

mani
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Place of delivery

Post by mani » Tue Feb 07, 2012 6:59 pm

Hi,

Thanks for your response. Could you please advice me is there any ICC opinion or docdex case to support your view?


Regards
Mani

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