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Goods Accepted For Carriage But Subject To Issuer's Conditio

Posted: Tue Oct 07, 2008 7:21 pm
by Navi
Hi Friends,
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We were presented an AWB which indicates "it is agreed that goods herein are accepted subject to issuer's conditions of contract". I sometimes see this wording on AWBs.
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I refused documents as per UCP 23.a.ii. I thought that the air transport document should indicate "that goods have been accepted for carriage".
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Beneficiary's bank does not accept our rejection.
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Do I behave too prudently? Does the wording "the conditions of contract" mean "conditions of contract for carriage"?
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regrds

Re: Refuse of AWB as per UCP 23.a.ii

Posted: Tue Oct 07, 2008 7:29 pm
by cristiand969
Dear Navi,
1.Who is issuer? Carrier or carrier's agent.
2. From the document alone is it any linkage that conditions of the contract to refer to a contract other than that of carriage?

Re: Refuse of AWB as per UCP 23.a.ii

Posted: Tue Oct 07, 2008 8:49 pm
by Navi
Dear cristiand969,
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1. It is an house air waybill, signed by agent of the named carrier...
The name of the agent is XXX forwarding services ltd...
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2. No ... no link to any other contract other than carriage...
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There is no condition on the LC that house airwaybill or freight forwarders awb acceptable, however since the doc appear to be signed by agent and carrier stated on document, I didnot consider it discrepancy.
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regrds

Re: Refuse of AWB as per UCP 23.a.ii

Posted: Tue Oct 07, 2008 9:40 pm
by jmitra
dear navi,

given the case, i think i will accept the AWB if the questions are whether its a HAWB / MAWB and it has reference to some conditions. but i was wondering whether "goods herein are accepted" has the same effect as "accepted for carriage". i mean in your case there is a question, accepted for what?

regd

mitra

Re: Refuse of AWB as per UCP 23.a.ii

Posted: Wed Oct 08, 2008 1:13 pm
by cristiand969
Dear navi,
If the carrier is stated (name and its capacity) and has be signed by a freight forwarder in capacity of agent of the named carrier, and there is no reference to 'other contract' document is conform
rgds
Cristian