Require advice about discrepant docs and its disposal

The forum is dedicated to all who deals with LCs. Please share your experiences, problems and opinions with us. You are requested to be confined to LC related issues only. Let us together discover the beauty of Letter of Credit. Thank and regards – admin; besttradesolution.com
Post Reply
JeevanDAC
Posts: 7
Joined: Mon Dec 24, 2018 6:19 pm
First Name: Jeevan
Last Name: Sarker
Organization: Mohanam Hosiery
Filter: Two Plus Two =: 4
Location: Dhaka , Bangladesh
Contact:

Require advice about discrepant docs and its disposal

Post by JeevanDAC » Sun Sep 29, 2019 4:49 pm

Dear adviser/Expert,

Document is discrepant. I need your assistance to solve it out.
Documents value Usd 485,000.00
LC at sight basis.
Importer : Bangladesh and Exporting country : East Africa

Discrepancies :
sent on 04/09/2018
**We received your documents for docs for USD 500,000.00 containing following discrepancies:
01: Value Overdrawn by USD 15,000.00
Hold/As per UCP 16(c) iii(b)***

Source of discrepancies :

45A, in LC : QUANTITY: 500 METRIC TONS (+/- 3 PCT.),.....
and 47A, in LC : DOCUMENTS MUST NOT BE DRAWN IN EXCESS OF THE CREDIT VALUE.
and no clause as 39A in this LC.

Issuing bank sent on 11/09/2018

Quote
AS THE DOCUMENTS ARE DISCREPANT, THE APPLICANT
DOES NOT ACCEPT IT TILL DATE. NOW PLEASE PROVIDE
THE DISPOSAL INSTRUCTIONS WHETHER WE HOLD OR
RETURN THE DOCUMENTS TO YOUR COUNTER.
.
IF WE DON'T GET ANY RESPONSE FROM YOUR END OR
THE APPLICANT WAIVE THE DISCREPANCY BY
15.09.2018, WE WILL RETURN THE DOCUMENT TO YOUR
COUNTER AT YOUR RISKS AND RESPONSIBILITIES.
.
FOR YOUR INFORMATION, WE WILL CHARGE USD 50.00
FOR EACH CORRESPONDENCE IN ADDITION TO
DISCREPANCY CHARGES FROM PROCEEDS IF UNTIL
THE APPLICANT WAIVE THE DISCREPANCY AND ACCEPT
IT.
Unquote

Finally, I would like to get advice from expert/adviser that how to dispose the matter.
What is required both from buyer and seller end.
What is required from both issuing bank and negotiating bank.

Your valuable advice will be highly appreciated.
Br/JeevanDAC

TaiOanlan
Posts: 77
Joined: Sat Dec 22, 2018 7:44 pm
First Name: Luke
Last Name: Yo
Organization: FI
Filter: Two Plus Two =: 4
Location: TOK

Re: Require advice about discrepant docs and its disposal

Post by TaiOanlan » Sat Oct 12, 2019 7:47 pm

It is clearly a valid discrepancy, so the beneficiary can either rectify the document asking for negotiating bank to dispatch rectified document to issuing bank or asking applicant for LC amendment for resolving the discrepancy.

umit1492
Posts: 8
Joined: Sat Aug 26, 2017 7:31 pm
First Name: omid
Last Name: khalili
Organization: migt
Filter: Two Plus Two =: 4
Location: iran

Re: Require advice about discrepant docs and its disposal

Post by umit1492 » Mon Oct 28, 2019 12:00 pm

presentation is not complying. seller can negotiate with buyer and via him to issuing bank. accordingly with reference to artice 18b of ucp600 m issuing bank can accept commercial invoice issued for an amount in excess of the amount permitted by the credit. but they will pay beneficiary 485000 and not 500000 usd.

b.regards
omid

Post Reply