discrepancies in represented documents

shahriar · Post by **shahriar** » Sat Mar 21, 2009 9:35 pm

friends,

consider you received a shipping document which has 5 discrepancies in 5 documents. mistakenly you quoted 4 discrepancies in the refusal advise and return the whole document. after few days the beneficiary presented the whole set of document. now in this situation, one need to check the whole document once again. my question, if that 5th discrepancy still prevails, can one raise raise the discrepancy now.

in my opinion, when the whole set of document is represented, one can raise any new discrepancies.

Judith · Post by **Judith** » Sun Mar 22, 2009 7:10 pm

There is no concept of re-presentation in UCP. As an issuing bank / confirming bank, if you have refused and returned documents as per article 16 subsequent to which the beneficiary corrects it and presents the documents again, it will be considered as a fresh presentation.

cristiand969 · Post by **cristiand969** » Mon Mar 23, 2009 5:07 pm

In case the document for which you overlooked the discrepancy are not represented you are no longer in the position to advise second time such a discrepancy. ICC opinion on this issue was clear. Sorry I cannot quote the ICC ref no.

SHAMEER · Post by **SHAMEER** » Mon Mar 23, 2009 5:17 pm

No, you must list all the discrepancies while refusing the documents.
B.regards

Judith · Post by **Judith** » Mon Mar 23, 2009 9:59 pm

Appreciate if you could explain the logic of an entirely re-presented set being treated as the same presentation. I can imagine that where a particular discrepancy was corrected and the document re-presented, you cannot point out discprecnaies that you have earlier missed but if the documents are returned and re-presented, surely you can point out discrepancies that were not present earlier (for example, late presentation?) and does it also not depend on what was the disposal instruction (e.g. if the issuing / confirming bank stated "RETURN"?!)

cristiand969 · Post by **cristiand969** » Tue Mar 24, 2009 9:38 pm

Dear Judith
I'm afraid I don't understand your message. So let me try to guess.
1. If beneficiary decides to represent only 4 documents for which issuing bank gave advice of discrepancy then the issuing bank is obliged to review only those documents. As the original posting goes, the issuing bank failed to notify a subsequent discrepancy on the fifth document . Therefore it is precluded from claiming that document is not conform (only in case is not represented/substituted by an subsequent presentation) .
2. If full set of docs is represented and there are clear instructions that it will replace on the previous presented clearly means the banks are dealing with same claim but with docs corrected.
3. ICC opinion pointed out that even if a set was presented and not honoured, the balance remain as in original credit.
4. Are you sure you read carefully my previous posting as apparently you claimed that I did not make reference to

cristiand969 wrote:In case the document for which you overlooked the discrepancy are not represented

5. may I ask you to quote me where in my text I put the wording same presentation?

bayemibo · Post by **bayemibo** » Thu Mar 26, 2009 3:45 pm

the document in being represented should be trated as a fresh document,
it is also wise to put the discrepancy noted in the file for this transaction
so that this can be cross check when the documents are represented