Page 1 of 1

unless expressly modified

Posted: Wed Mar 04, 2009 10:49 pm
by berry
Dear frineds,

UCP 600 article 1 says

"They are binding on all parties thereto unless expressly modified or excluded by the credit." how would you define express modification here? if i go for literal meaning, then i think it means that a modification should refer to the article it is superseding. whats your opinion?

not sure

Posted: Wed Mar 04, 2009 10:59 pm
by shahriar
im not sure about the literal meaning but commentary on UCP 600 says
. This inclusion in article 1 means that any article of the rules may be modified or excluded by express wording to that effect

my understanding

Posted: Fri Mar 06, 2009 7:49 pm
by eximconsulting.net
I think , what the article 1 is saying is that;

it must be mentioned expressly on the credit text that UCP 600 rules will be applied on the credit.

If you want to exclude or modify any rule from UCP 600 you must also indicate that expressly on the

credit text.

Regards,

Ozgur Eker

no reference required

Posted: Tue Mar 10, 2009 7:25 pm
by shahriar
i just got a similar topic in FAQ 4 where mr. collyer commented
where the terms and conditions of the credit is to me applied differently to that envisaged in the UCP 600, the wording of the credit will supersede that of the UCP and no further reference is required...