Hi Friends,
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We were presented an AWB which indicates "it is agreed that goods herein are accepted subject to issuer's conditions of contract". I sometimes see this wording on AWBs.
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I refused documents as per UCP 23.a.ii. I thought that the air transport document should indicate "that goods have been accepted for carriage".
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Beneficiary's bank does not accept our rejection.
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Do I behave too prudently? Does the wording "the conditions of contract" mean "conditions of contract for carriage"?
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regrds
Goods Accepted For Carriage But Subject To Issuer's Conditio
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Re: Refuse of AWB as per UCP 23.a.ii
Dear Navi,
1.Who is issuer? Carrier or carrier's agent.
2. From the document alone is it any linkage that conditions of the contract to refer to a contract other than that of carriage?
1.Who is issuer? Carrier or carrier's agent.
2. From the document alone is it any linkage that conditions of the contract to refer to a contract other than that of carriage?
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Re: Refuse of AWB as per UCP 23.a.ii
Dear cristiand969,
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1. It is an house air waybill, signed by agent of the named carrier...
The name of the agent is XXX forwarding services ltd...
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2. No ... no link to any other contract other than carriage...
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There is no condition on the LC that house airwaybill or freight forwarders awb acceptable, however since the doc appear to be signed by agent and carrier stated on document, I didnot consider it discrepancy.
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regrds
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1. It is an house air waybill, signed by agent of the named carrier...
The name of the agent is XXX forwarding services ltd...
.
2. No ... no link to any other contract other than carriage...
.
There is no condition on the LC that house airwaybill or freight forwarders awb acceptable, however since the doc appear to be signed by agent and carrier stated on document, I didnot consider it discrepancy.
.
regrds
Last edited by Navi on Wed Oct 08, 2008 2:18 am, edited 2 times in total.
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Re: Refuse of AWB as per UCP 23.a.ii
dear navi,
given the case, i think i will accept the AWB if the questions are whether its a HAWB / MAWB and it has reference to some conditions. but i was wondering whether "goods herein are accepted" has the same effect as "accepted for carriage". i mean in your case there is a question, accepted for what?
regd
mitra
given the case, i think i will accept the AWB if the questions are whether its a HAWB / MAWB and it has reference to some conditions. but i was wondering whether "goods herein are accepted" has the same effect as "accepted for carriage". i mean in your case there is a question, accepted for what?
regd
mitra
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Re: Refuse of AWB as per UCP 23.a.ii
Dear navi,
If the carrier is stated (name and its capacity) and has be signed by a freight forwarder in capacity of agent of the named carrier, and there is no reference to 'other contract' document is conform
rgds
Cristian
If the carrier is stated (name and its capacity) and has be signed by a freight forwarder in capacity of agent of the named carrier, and there is no reference to 'other contract' document is conform
rgds
Cristian