Terms Of Proforma Invoice Is In Conflict With Reality

[berry]

Dear All,

A LC was issued on 16-07-2008 with a latest shipment date of 31-10-2008. among the other terms and conditions, the LC says, “All other detail as per profoma invoice no XXXX”. The proforma invoice shows, “Shipment will be made in August”. The beneficiary presented the document on 05-11-2008. The document shows a shipment date 29-10-2008. The invoice shows “we certify that all terms and condition of the profoma invoice no. XXX has been complied with. Is the presentation discrepant based on the fact that the beneficiary didnt shipped the goods in august?

[cristiand969]

As long as proforma invoice in question did not form integral part of the credit document is conform. Furthermore I assume you knows all this because you are the issuing bank. Think also that presenting bank (beneficiary bank) may not be aware of contents of such proforma as long as is not part of the credit
regards
Cristian

[iLC]

just to add,

dont be so sure that you and the beneficiary is holding the same proforma invoice. i have seen cases where the applicant reproduce proforma invoice again and again over a previously used invoice and hence, it may be possible that even the beneficiary is not always aware of a details of proforma invoice. so it is always a good idea is to give details of merchandise on the LC