shipping company cert's repeat lc wording

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ucp800
Posts: 140
Joined: Tue Aug 11, 2009 8:56 pm
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shipping company cert's repeat lc wording

Post by ucp800 » Wed Jun 23, 2010 5:09 pm

Dear Expert,

May I ask for your opinion of the following :

L/C 46A:

A certificate issued by the carrier,shipping Co or their agents certifying that shipment has been effected by conference line and/or regular line vessels only covered by institute classification clause to accompany the documents.

Shipping company’s cert. certifying that shipment has been effected by conference line and/or regular line vessels only covered by institute classification clause.

Issuing bank claimed discrepancy that Shipping company’s cert. not specifically certifying that shipment has been effected by either conference line or regular line vessels or both.


Is there any ICC comment on this issue?

For your information:
Referring UCP 600 Article 14

d. Data in a document, when read in context with the credit, the document itself and international standard banking practice, need not be identical to, but must not conflict with, data in that document, any other stipulated document or the credit.


Please comment.

Thank you for your assistance.

Regards,
ucp800

iLC
Posts: 504
Joined: Thu Jun 26, 2008 10:33 pm

i doubt

Post by iLC » Sat Jun 26, 2010 10:57 am

i doubt whether its one can raise discrepancy. i can see your dilemma though.
ucp800 wrote:A certificate issued by the carrier,shipping Co or their agents certifying that shipment has been effected by conference line and/or regular line vessels only covered by institute classification clause to accompany the documents.


the highlighted part is indeed very confusing. but at the same time i fail to see the point raised by the issuing bank. in fact the certificate is drawn as per the requirement of the LC. it would be nice the issuing bank had asked the certificate while putting the and / or condition in additional condition. i would give the beneficiary the benefit of doubt.

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