Copy Bill Of Lading Show That It Is Subject To Charter Party

[shahriar]

dear friends,

i know that copy of transport document are not to be examined under the UCP transport article. say a letter of credit calls for a bill of lading while also copy of bill of lading is acceptable. now if the bill of lading shows "charter party bill of lading", is it acceptable?

regd

shahriar

[nesarul]

Dear shahriar,
lets breakdown l/c conditions:
here two possible alternatives one is
1. submission of original bill of lading [should be examined under article 20 ] or [definitely not and]
2. copy of bill of lading [ should be examined under 14(f)]
examination of document surely based on what types of document beneficiary presented i.e. original bill of lading or copy of bill of lading and surely not interchangible.
.
in your case, beneficiary presented"bill of lading shows "charter party bill of lading".
.
you didn't mentioned whether it is original or not,
if original, the document is discrepant as per 20(a)(vi),
if not, i.e. copy b/l presented, "fulfil the function" is the salient factor not the indication of charter party.
.
waiting for comments.
regsrds
nesar

[shahriar]

sorry dear nesar,

for incomplete posting. the presentation was a copy one. i want to make a weak protest. a charter party bill of lading is not certainly a "bill of lading" that has been asked for in the letter of credit. you said that the copy is to be examined under the 14f. agreed. but article 14h is also there. presentation of a charter party bill of lading clearly conflicts with the LC.

regd

shahriar

[nesarul]

Dear Shahriar,
once you said presentation in copy one, so certainly, it will examine under sub article 14f,

later on you said presentation of charter party bill of lading, if it is copy it will treat as other document so reference of charter party is irrelevant here.[because it is other document]

this condition is mentioned in your credit terms and so certainly it is not a condition without stipulating a document.
regards
nesar

[shahriar]

dear nesar,

will you give the same opinion if the presented copy was a copy of AWB?

regd

shahriar

[nesarul]

Dear,
yes

[cristiand969]

presentation of copy charter party i/o copy of bill of lading makes the presentation discrepant as it was not what the credit called for.
Contrary to any expectation Art. 14f comes to contest a complying presentation under copy of CBPL as the content of doc does not fulfil the function of the required document (contradicts LC and UCP 600 art 20 vi - i.e shout not contain an indication that is subject to charter party)
Hope this will heps you.
Regards
Cristian

[jmitra]

interesting!!

well article 14 F says

If credit requires presentation of a document other than a transport document, insurance document or commercial invoice, without stipulating by whom the document is to be issued or its data content, banks will accept the documents presented if its content appears to fulfill the function of the required document and otherwise complies with sub article 14 (d).

so article 14F has a obvious relation with 14D which says,

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.

now the possible question is whether "A copy of BL" is a condition or not.

i need to think over it. will be back

[iLC]

i considered the question for a long time. to me, given that the copy of AWB is a true copy of AWB and clearly stipulate that shipment has been made by air from an airport, its a valid discrepancy.

iLC