Best Trade Solution

hi,

today i got a bl which shows

"shippers load and count"

...
....

in the bottom corner box, it shows shipped on board on 30-04-2008. now it is deleted by a single pen through. there is no other on board notation or date. the bl is issued on 30-04-2008. is it a discrepancy?

king of LC

dear sir,
according to ISBP PARAGRAPH 9 AND SIMILAR ICC OFFICIAL OPINION R 533, ANY SORT OF CORRECTION ON DOCUMENT WHICH IS NOT CREATED BY THE BENEFICIARY SHOULD BE DULY AUTHENTICATED.
HOWEVER, I THINK UNDER THIS CIRCUMSTANCE THE DATE OF ISSUANCE IS THE DATE OF BL.

moreover you can raise a discrepancy based on the deletation is not authenticated.

I THINK THIS WILL HELP YOU
THNAKS
NESAR


Last edited by nesarul on Thu May 15, 2008 7:07 pm, edited 1 time in total.

Hi!

AAAA
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"shippers load and count"
Pls, see Articl 26 (b) of UCP600: "...A transport document bearing a clause such as ...'shipper's load and count'...is acceptable"

BBBB
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Deletion of 'on board' notation.

There would be two choices:

1/ 'shipped on board' notation is deleted but it do appears in other place.
Commonly in right bottom corner in small font stating:
'SHIPPED at the Port of Loading in apparent good order and
condition on board the Vessel for carriage to the Port of Discharge
Weight, measure, quality, quantity, condition, contents and value unknown.
IN WITNESS where of the Master or Agent of the said Vessel has
signed the number of Bills of Lading indicated below all of this
tenor and date, any one of which being accomplished the others shall be void.'

If there would such a text then the date of issuance of the B/L would be also deemed as date of shipment on board.

And deletion of 'just repeated' information makes no problems and discrepancy for the document.

2/ 'shipped on board' notation is deleted but IT DOESN'T apper in other place.
As far as it is deleted it doesn't exist anymore whether authenticated or not.
You do not know for what reasons 'shipped on board' notation was deleted.
Maybe cargo was partially loaded 'on deck' and not 'on board' - which is not acceptable under UCP600 Article 26(a).
Maybe 'on board' date was in fact not 30/04/2008.

Case 2/ is Your case.
And in this case B/L is rather discrepant than compliant.
I would refuse it:
As far as 'shipped on board' notation is deleted it is considered as not stated and, as it doesn't apper anywhere else, here is break of the UCP Article 20(a) ii (or 22(a) ii for C/P B/L)

Good luck
Armagedo