Mathematical calculations vs. data not in conflict
Posted: Wed Jul 21, 2010 1:49 pm
We recently had such a case (we recommended the beneficiary to correct the documents as some doubts arose in possibly differently treatment of L/C rules by other bank) and I would like to approach yourselves for your opinion:
L/C required let's say:
description fo goods:
1 000 000 m of sausage casings Brand X
partial shipment: not allowed
amount: EUR 100 000,00 (no tolerance indicated)
The Invoice presented showed:
Desciption of goods:
1 000 000 m of sausage casings Brand X
Detailed nomenclature of goods and mathematical calculations (a list has been shortened, actually separate positions took more than a page):
sausage casings Brand X color: red quantity: 500 000 m Price 0,12 EUR/m Amount: 60 000 EUR
sausage casings Brand X color: transparent quantity: 450 000 m Price 0,1 EUR/m Amount: 45 000 EUR
Total: quantity 1 000 000 m, amount: EUR 100.000,00
The reasons of doubt: ISBP art. 25 says that detailed mathematical calculations in documents will not be checked by banks, banks are only obliged to check total values.
Notwithstanding this fact, we see a clear error in mathematical calculation, but have to look only at total values which are a L/C complying.
Can another bank acting in such L/C transaction treat this as a discrepancy under art. 14 d (data in conflict)?
L/C required let's say:
description fo goods:
1 000 000 m of sausage casings Brand X
partial shipment: not allowed
amount: EUR 100 000,00 (no tolerance indicated)
The Invoice presented showed:
Desciption of goods:
1 000 000 m of sausage casings Brand X
Detailed nomenclature of goods and mathematical calculations (a list has been shortened, actually separate positions took more than a page):
sausage casings Brand X color: red quantity: 500 000 m Price 0,12 EUR/m Amount: 60 000 EUR
sausage casings Brand X color: transparent quantity: 450 000 m Price 0,1 EUR/m Amount: 45 000 EUR
Total: quantity 1 000 000 m, amount: EUR 100.000,00
The reasons of doubt: ISBP art. 25 says that detailed mathematical calculations in documents will not be checked by banks, banks are only obliged to check total values.
Notwithstanding this fact, we see a clear error in mathematical calculation, but have to look only at total values which are a L/C complying.
Can another bank acting in such L/C transaction treat this as a discrepancy under art. 14 d (data in conflict)?