Availment or availments

[picant]

Hi Pals,

Presenting bank sent 5 sets of complete documents, including 5 AIRWAYBILLS for shipments in different days to the issuing bank under a unique remittance quoting only the total of the documents. Is it one presentation only or 5 presentations? The partial shipments are allowed, but can any set of document be discrepant or the refusal must be for the total amount?

Thanks for your help

Ciao

[shruti]

Dear Ciao

Presentation means either the delivery of documents under the credit to the issuing bank or nominated bank or the documents so delivered. This is text of UCP article 2.

The presenattion in your query is one/ multiple, depends on covering of Presenter interestingly , presenter is also defined.
This should be treated as single presentation

regards
N K Kalra, India

[shahriar]

Hi picant,

there is a ICC opinion on this issue. TA581. im quoting part of it for you

Where more than one complete presentation of documents is made under one cover letter or schedule for the full amount of all the presentations, the presenter should be advised of the discrepancies in respect of the presentation(s) that do not comply. An issuing bank or nominated bank may request the beneficiary or presenter to provide agreement for the settlement of individual amounts for those presentation(s) that do comply. This does not negate the issuing or confirming bank's obligation to honour the presentation(s) of documents that do comply