UCP Article 10 (f) - Amendments

VIVIAN001 · Post by **VIVIAN001** » Sun Apr 05, 2009 6:33 pm

A LC has a clause stating that any amendments will be in force unless rejected within 3 days from the date of advise. An amendment was issued on 01-01-2008 and the beneficiary fails to notify the issuing bank. Which of the following is correct?
a. The amendment is in force
b. Will be in force only if the beneficiary accept it
c. The clause should be disregarded
d. None

May I know why the answer is "The amendment is in force?. As per article 10 (f) it should be disregarded. Hope to hear from you.

berry · Post by **berry** » Sun Apr 05, 2009 6:57 pm

of course the amendment is in force. UCP article 10f works when such clauses are included in the amendment itself

ybattia · Post by **ybattia** » Sun Apr 05, 2009 7:29 pm

In this case, Sure, any amendments will automatically enter into force after 3 days of the date of it's advise to the beneficiary by the nominated bank, unless the beneficiary communicates it's rejection before these 3 days to the nominated bank.

However, if an amendment states so in itself, it would be disregarded.

maqianyueer · Post by **maqianyueer** » Sun Apr 05, 2009 7:43 pm

I CHOOSE THE ANSWER C

fionawang · Post by **fionawang** » Mon Apr 06, 2009 4:58 am

Oh, thax guys, I didnot notice f. in an amendment before. It's realy a trap in the exam when we are catching.

SHAMEER · Post by **SHAMEER** » Mon Apr 06, 2009 3:54 pm

The answer is [a]. The amendment is in force
.
Tks and Rgds

VIVIAN001 · Post by **VIVIAN001** » Mon Apr 06, 2009 5:58 pm

Thank you for the explanation. The tricky part will be if mentioned in DC the amendment is in force