Signature on AWB

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berry
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Signature on AWB

Post by berry » Mon Apr 27, 2009 8:52 pm

Dear all,

please check the attached air waybill; signature portion only. as you can see the signature of the carrier has been made within the box of signature for shipper. there was an ICC opinion which says that in this case the bill of lading will be discrepant. can we apply the same principle here?
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Judith
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Technically discrepant

Post by Judith » Tue Apr 28, 2009 8:55 am

The name of the agent is clearly typed in the field “Signature of the shipper or his agent”. So, yes, technically, the AWB is discrepant.

Although if I were in a generous mood, I would say that the intent of the signature is clear and it is signed okay.

Related question: Do you think the document would be acceptable if the name of the agent was typed just above “As agents…” or would you still expect the signature to be in the same field? (There isn’t any space…?!)

cristiand969
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No discrepancy

Post by cristiand969 » Tue Apr 28, 2009 1:18 pm

The intention is very clear that the documents was signed by agent for the carrier. To me this form of typing and signature indicate that the agent has acted both as agent of the shipper and for the carrier, so no discrepancy. The AWB was signed in form required by UCP. The UCp cannot dictate the place where the signature ans stamp should be imposed.

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berry
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how about this?

Post by berry » Tue Apr 28, 2009 8:53 pm

Thanks for your answer. i let the air waybill without discrepancy. but i agree with judith. technically i can count it as a discrepancy. there was a ICC opinion which deal with similar situation and it was decided to be a discrepancy. sorry, i dont have that in collection. i agree with cristain too. however perhaps only intentions are not always good enough. check the attached bill of lading that i got today. and please put your opinion.
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