UCP 600 18C VS 14D

[Fajar]

Dear Experts

I would like to know your opinion regarding this case

45A : Description of Goods
COAL

AS PER ASTM STANDARD

SPECIFICATION REJECTION
NCV BELOW 5000

INVOICE MENTIONED AS FOLLOWS :

COAL

SPECIFICATION
NCV 5182

Certificate ofAnalysis MENTIONED :

COAL
AS PER ASTM STANDARD
SPECIFICATION
NCV 5182


ISSUING BANK RAISE DISCREPANCY AS FOLLOWS :
WORDING "AS PER ASTM STANDARD" NOT INCLUDED IN INVOICE" and they based their opinion on UCP 600 18C :

The description of the goods, services or performance. in a commercial invoice must correspond with that appearing in the credit.

However, I refuse the discrepancy statement due to the fact that wording "AS PER ASTM STANDARD" already mentioned in COA, so I think that invoice does not contradict other document eventhough its not stating that wording, and I based my opinion on Article 14 D :

"Data in a document, when read in context with the credit, the document itself and international standard banking practice, need not be identical to, but must not conflict with, data in that document, any other stipulated document or the credit."

Issuing bank and I, also debatw whether invoice complied with ISBP 745 clause C3 or not (I insist that the invoice is still comply with ISBP 745 clause C3)

Im really appreciate your comment
Regards

[saikumar1208]

As per UCP article 14 Description of goods in invoice should be in accordance with the description of goods mentioned in LC. In all other documents documents description of goods might be in general terms, however should not conflict with the data mentioned in other documents.

Hence as descriptions of goods in invoice is not matching with that of LC, discrepancy is valid

[Fajar]

Dear kumar

thank you for your explanation.

I wonder though, to what extent the ucp 600 clause 14d effected?

i mean is the words "need not be identical" effected in invoice as well?

in my case, because i though the missing statement in invoice, (although mentioned in coa and not conflict with any other document) is still in line with ucp 14d, i did not think it is a discrepant