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Non Documentary Condition

Posted: Mon Dec 29, 2014 3:41 pm
by jahid
Dears,
Is it necessary to examine a document which is under non documentary condition?
Example, a credit stipulated that "Packaging will plastic case". Beneficiary present a separate
document under this condition incorporating "Packaging is Silver case". Is it necessary to examine the document which has presented under this condition? If yes, Do you think that is discrepant documents?

Jahid

Hi Jahid

Posted: Tue Dec 30, 2014 7:03 pm
by jcduarte
According to A26 of ISBP 745 it isn't necessary the presentation of a document evidencing compliance of a non documentary condition. However, data in any required document must not be in conflict with the non documentary condition.

In your example, if a credit states in field 47A the clause: "Packaging will plastic case", it is not necessary to present a document stating this sentence, but if any of the required documents is showing the mention "Packaging is Silver case" (or any other material but plastic) then, it is in conflict with non documentary condition, and consequently it is a discrepant document.

Greetings