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Non-document condition

Posted: Mon Apr 20, 2009 7:57 am
by loankim
Hi all,

If L/C states in field 43T : Transhipment allowed , but in field 47A stating that : Only direct vessel acceptable.
Pls let me know the meaning of a/m case ?
Can we treat "Only direct vessel acceptable" as Non-document condition ?
Yr opinions are welcome.

rgds,

direct?

Posted: Mon Apr 20, 2009 10:16 pm
by jmitra
humm.. i will consider it an ambiguous term. direct vessel may mean many thing -

one vessel from port A to B
one vessel from port A to B without stopping anywhere else
one vessel from port A to B in the usual route only
one vessel from port A to B without any lighter vessel etc

i will not consider it as a conflict with transshipment anyway. besides, even if there is a transshipment, bill of lading usually has only one vessel name. so there is no way to check this clause. hence a non documentary too.

But....

Posted: Tue Apr 21, 2009 1:39 pm
by loankim
Hi Jimitra,

Thanks for your opinion!
During yr explanations for ambiguous term, i can reach in a conclusion that the vessel at port A and the vessel at port B must be the same.
i agree with you in the case transshipment effected but bill of lading has only one vessel name.
But if the B/L shows 2 vessels, the vessel at port A will differ from vessel at port B. it's not easy to ignore that ambiguous term, because the vessel 's requirements should be pay attention to B/L . :?

RGDS,

one vessel?

Posted: Tue Apr 21, 2009 7:39 pm
by shahriar
i would not like to qualify "direct vessel" with one vessel and between the port of loading and port of discharge. LC says "only direct vessel acceptable" but did not say from where to where. thus i can also say

one vessel from port A to B and one vessel from port B to C

CLEARIFICATION

Posted: Wed Apr 22, 2009 8:38 am
by ldt5205
I think a CLEARIFICATION is needed from the issuing bank when the BEN receives such a LC. :roll:

thanks so much

Posted: Wed Apr 22, 2009 8:40 am
by loankim
Hi all,

thanks for giving me an interesting discussion for my matter.

rgds, :)