Documents Not In Conformity With UCP600 Art 10(E)

[umsara]

I have issued a not exceeding lcf o usd100000/- parcial shipment not allowed expiry date is 03/05/2014 then amended the l/c as follows;
a-New expiry date 20/5/2014
b-l/c increased by usd20000 total l/c amount now usd120000.
The beneficiary presented docs to the nominated bank on 10/05/2014 for usd98000/- when docouments reached my counter (issuing bank) I raised and advised the following discrepancies (even though bank’s covering schedule certify that all docs are in confirmty with l/c terms and condition)
Even though you have certified on your covering schedule that all terms and condition of the l/c terms has been complied with but I found the following discrepancies 1-partial shipment effected 2) docs not in conformity with ucp 600 art 10 (e) as cannot accept part of the amendment and reject other part of the of the same.
I’m I right in rising this points of discrepancies. Your reply would be highly appreciated. Thank you in advance

[Navi]

Hi friend,

You are right that an amendment cannot be partially accepted.

However, UCP 600, 10c does not force beneficiary to notify his acceptance or refusal for an amendment. You have to determine from presentation whether amendment accepted or not.

For this situation there are 2 alternatives:

1. Amendment accepted by beneficiary and documents not comply
2. Amendment refused by beneficiary and LC expired when presentation made.

In my opinion, first alternative should be taken so as to consider presentation within LC validity. Your determination of discrepancies and refusing docs accordingly is correct.