Bill of Lading as Third Party Document

[swatipanji]

An LC is issued with the terms " all documents must mention LC no and date except third part documents. On receipt of the documents the BL did not have LC no or date mentioned on it. The shipper in the B/L issue by the Shipping company was the same as the beneficiary mentioned in the LC.

Will the documents be treated as dicripant with the discripancy that B/L does not contain the LC no and date

[Navi]

An LC is issued with the terms " all documents must mention LC no and date except third part documents. On receipt of the documents the BL did not have LC no or date mentioned on it. The shipper in the B/L issue by the Shipping company was the same as the beneficiary mentioned in the LC.

Will the documents be treated as dicripant with the discripancy that B/L does not contain the LC no and date

Hi friend,
We need the intent of the issuing bank while adding such a clause. Third party documents mean "documents issued by a party other than beneficiary " or "documents which indicates shipper other than beneficiary"? Thiz should be clarified.
When received such an LC, it is better to ask clarification from issuing bank.

Regards

[dinesh2476]

Hi Picant

We request your urgent support.

LC restricts third party documents. However, bill of lading is evidences as below under shipper/consiger

XXXXxx for an account of Beneficiary BBBBBB.

Should we treat this as discrepancy being consigor identified as XXXXX despite the term ''FOR an ACCOUNT of beneficiary BBBBBB"

Thanks & Regards
Dinesh Kumar.

[picant]

Hi Dinesh,

I dare say that the shipper is not the issuer of B/L but the consignor of the goods. ISBP 745, but also the new ISBP 821 para A19 c, qualify the Third Party documents, moreover the same publication , ISBP 821 dd July 01, 2023 states at Preliminary Consideration, VIII, that lc number missing or misquoting is no reason for refusal. following the assertion of opinion TA 876 rev.,
Other comments appreciated-Ciao

[dinesh2476]

Hi Picant,

Good day.

Thanks for your update.

However, please confirm whether discrepancy ''BILL of lading evidences XXXXXX(third party) as shippper/consigner instead of ''BBBBBBB(who is actual beneficiary in the LC)

As the LC restricts third party documents, I think BL should evidence only the name of the beneficiary under SHIPPER/consignor rather than xxxxxx(third party) acting for on behalf/on acccount of beneficiary(BBBBBB)

In case of we fail to quote this as discrepancy and issuing bank considered this as then do we have provision in the ICC opinoin to justify this?

Thanks & Regards
Dinesh Kumar

[dinesh2476]

Hi Picant,

There is a change in the question.

Questions is LC restricts third party shipper/consignor, in this case advise if we can still raise discrepancy below.

However, please confirm whether discrepancy ''BILL of lading evidences XXXXXX(third party) as shippper/consigner instead of ''BBBBBBB(who is actual beneficiary in the LC)

Thanks & Regards
Dinesh Kumar

[picant]

Hi Dinesh,

if you clause your l/c stating that the shipper must be......., if bill of lading is not so issued it is discrepant.
Ciao