Non complying presentation under confirmed L/C

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kavok200
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Joined: Fri Jun 11, 2021 2:16 pm
First Name: Simon
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Non complying presentation under confirmed L/C

Post by kavok200 » Fri Jun 11, 2021 2:51 pm

Dear friends,
We are having an endless discussion and we will appreciate your comments helping us in settling it.
When a non complying presentation is made under a confirmed L/C, it is clear that there is no obligation for the confirming bank to honour such presentation. But, does this affect to future presentations?

For example:
- First presentation of documents for the first shipment of goods is non complying, hence there is no obligation for the confirming bank to honour
- Second presentation under this L/C for the second shipment is complying:
a) CB has obligation to honour since this obligation is independent for every presentation made
or
b) CB has no obligation to honour since one non complying presentation was made and this invalidates confirmation for the whole L/C

Thank you.

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picant
Posts: 2026
Joined: Wed Aug 20, 2008 1:49 pm

Re: Non complying presentation under confirmed L/C

Post by picant » Mon Jun 14, 2021 1:49 pm

Hi Pal,

it dependsa if the shipments are scheduled as given period, i.e. first shipment from 01 june... to 15 june.., second shipment from 16 june ... to 30 june
if the first shipment has not be effected, the other one is not more valid(art 32 UCP 600)
Other comments appreciated
Ciao

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