how to identify "same voyage"

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berry
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how to identify "same voyage"

Post by berry » Sun Dec 14, 2008 7:19 pm

dear all,

UCP article 31 says

presentation consisting of more than one set of transport documents evidencing shipment commencing on the same means of conveyance and for the same journey, provided they Indicate the same destination, will not be regarded as covering a partial shipment, even they indicate different dates of shipment or different ports of loading, places of taking in charge or dispatch.

today i received a charter party document which has two sets of BL. there is no voyage no. how otherwise its ok. how can i determine then whether this is the same voyage or not?

phan hoang ngan
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hic..

Post by phan hoang ngan » Mon Dec 15, 2008 9:41 am

Dear Berry,

If the Bills of lading not showing voyage number, I think we can not determine if they are in the same voyage.
In this case, my question is...
If we cannot deatermine whether the two bills of lading are in the same voyage or not. Do we have basic to raise discrepancy?

Regards,

jmitra
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voyage number may not be necessary

Post by jmitra » Mon Dec 15, 2008 7:57 pm

i really dont think one can raise discrepancy based on voyage no. alone. voyage no. is mainly necessary for liner shipping where one single vessel move alone the same route again and again. in charter party its least likely.

iLC
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voyage charter

Post by iLC » Mon Dec 15, 2008 9:11 pm

its really a difficult question. voyage no. is like a flight no. it helps to identify. but voyage no. is generally issued by the carrier. for a single voyage charter if the charter issues the BL, i think there is no need to indicate the voyage no. since there will be only one voyage

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picant
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No rules

Post by picant » Mon Dec 15, 2008 9:40 pm

Hi Pals,
if not indicated it is very difficult to state that those CP bills of lading refer to the same vessels voyage. If different dates( in one week) of ON BOARD refer to shipment from TUNIS to GENOVA I will not be sure that the goods are on the same vessel , but in a longer shipment from HONG KONG to GENOVA I will presume it.
What is your comment about this?
Posts appreciated.

Ciao

iLC
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distance is a factor but..

Post by iLC » Mon Dec 15, 2008 10:06 pm

dear picant,

ofcourse you are correct. distance may be a factor in determining compliance here. but this is not universal solution. im looking for standard law. after posting my last comments, i seared a lot on the net. found nothing. only found a comment at my tolee's site on a workshop detail. nothing significant. just a comment that "why it is not always necessary to mention the voyage no." i will let you know if i find something.

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shahriar
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some other comments

Post by shahriar » Tue Dec 16, 2008 12:30 pm

this is also a comment from mr. tolee
For absence of voyage number in a BL, if you try to pin it down as a valid discrepancy where the DC does not require this information expressly, then the beneficiary may ask you: "What Article in the UCP 500 that I have violated?"

Here more than one B/L is permitted from different ports, but the same voyage no. would be required with the same vessel name.

However the BsL need to state also the same destination or port of discharge in your case, as required under UCP 500 sub Article 40 (b).
regd

shahriar

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