What Do UCP600 Article 32 Means By "Given Periods"?

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CDCS2015
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What Do UCP600 Article 32 Means By "Given Periods"?

Post by CDCS2015 » Wed Oct 07, 2015 9:57 pm

Question: A documentary credit is issued as follows:

Field 45A: ‘500 Cars (200 Type A, 150 Type B and 150 Type C)’
‘Type A are to be shipped no later than 20 June 20XX.’
‘Type B are to be shipped no later than 15 August 20XX.’
‘Type C are to be shipped no later than 30 September 20XX.’

The beneficiary makes a presentation on 30 June 20XX, which includes
one complete set of documents, but two sets of bills of lading issued as
follows: one set of onboard bills of lading dated 19 June 20XX, covering
shipment of 175 Type A cars; and one set of onboard bills of lading
dated 21 June 20XX, covering shipment of 25 Type A cars.

The documents are discrepant, but which of the following is correct?

A. The credit ceases to be available for this drawing and the subsequent
instalments.
B. The credit ceases to be available for the subsequent instalments.
C. Late shipment applies because 25 cars were shipped on 21
June, but the credit remains available for the subsequent
instalments.
D. Late shipment applies because 25 cars were shipped on 21 June and
the credit ceases to be available for the subsequent instalments.

The correct answer is C. Field 45A consists of a series of latest shipment
dates, as opposed to a requirement for three shipments to be made within
given periods. In effect, all cars could be shipped by 20 June 20XX. Late
shipment has occurred for the shipment of 25 cars shipped on 21 June.
Because the shipments were not stated to occur within given periods, UCP
600, article 32, will not apply and the credit will remain available for the
beneficiary to make the remaining shipment(s).


What do UCP600 article 32 means by "GIVEN PERIODS"? Does it means the below?

‘Type A are to be shipped between 01-jan and 31-jan
‘Type B are to be shipped between 01-feb and 28-feb
‘Type C are to be shipped between 01-mar and 31-mar

If Type A cars are shipped on 02-FEB, then article 32 will take effect and this LC will cease to be available for this shipment installment and any subsequent shipment installments?

ucp800
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ISBP 745 paragraph C15

Post by ucp800 » Thu Nov 26, 2015 3:04 pm

Please refer the ISBP 745 paragraph C15 which is self explanatory:
Paragraph C15(b) includes the following:


Quote
When a credit indicates a drawing or shipment schedule by only indicating a number of latest dates, and not given periods (as referred to in paragraph C15 (a) (i)) […] this is not an instalment schedule as envisaged by

UCP 600, and article 32 will not apply…

Unquote
So as of now shipment within given periods is a sequence of dates or timelines that determine a start and end date for each instalment.

For example, a credit requiring shipment of 100 cars in March and 100 cars in April is an example of two periods of time that start on 1 March and 1 April and end on 31 March and 30 April respectively. In this case UCP 600 article 32 applies.

However a series of latest dates (i.e. ONLY end dates) is not shipment by given periods. In this case article 32 does not apply.

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