Documents Lost In Transit And Copies Of Document

[dholat]

Dear all,

imagine a situation where documents have been lost in transit and the nominated bank represent a set of document,which are copies of the original, to the issuing bank for examination. should those documents be treated as copies during examination?

Thanks!!

Dholat

[nesarul]

Dear,
It will treat as copies or original [AS PRESENTED] AND SUB ARTICLE 17(A) SHOULD NOT BE A BASIS FOR EXAMINATION.
REGARDS
NESAR

[picant]

Hi Pals,

nominated bank, in order to obtain reimbursement does not need to send copies of the document she despatched to issuing or confirming bank, being lost in transit. The nominated bank must only claim the amount of said documents, as there is no obligation for her to retain copies of documents that have been presented to her.(commentary on UCP 600-opinion R 548)

Comments appreciated

Ciao

[nesarul]

Dear,
I do agree with you that nominated bank or even beneficiary is not obligated to re-send the document to the issuing bank. But in our case nominated bank re-send the document.
.
moreover if one read article 35, paragraph 2, one can found that this sub- article only talked about honour obligation of the issuing bank while document lost in transit between nominated bank and confirming bank and/or issuing bank, WITHOUT STIPULATING THE METHOD ........
.
WE ARE TALKING ABOUT THE ABOVE METHOD... ISN'T IT.
REGARDS
NESAR