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your opinion please....
Posted: Fri Apr 03, 2009 2:45 pm
by cristiand969
Dear all.
Pls consider the following case: A letter of credit prohibiting partial shipments is available by payment against quote : presentation of following documents issued in one complete set:
1. Commercial Invoice
2. Full set 3/3 B/L
3. packing list
4. Quality certificate
unquote
The description of goods comprises of two items A and B
.
beneficiary has made a SINGLE presentation consisting of 2 separate sets of documents each for each item as above mentioned and this was due to nature of products because it said each Quality certificate must be issued for each item and also loading on board date was 01 and 02. april (not part shipment as is on the same vessel and same destination)
Now, what do you understand by wording : issued in one complete set. Is this presentation complying or not.
Thanks!
My opinion: complying...
Posted: Fri Apr 03, 2009 3:06 pm
by Navi
Dear Cristiand,
By 2 separate sets, do you mean 2 different invoice, PL, BL, etc. or some docs in 2 sets others 1...?
Although the use of wording "issued in one ..." instead of "...presented in one " confuses me a bit, I nevertheless understand from the expression "in one complete set" that documents should be presented in one lot.
My opinion no discrepancy
Regards
complying
Posted: Fri Apr 03, 2009 3:48 pm
by shahriar
Hi Cris!
In my opinion complying. i agree with dear Navi. the credit ask for issued in one complete set; not asking for presentation in one set. besides, stand alone, "one complete set" is a term that should be disregarded. it does not communicate anything. by the way, does the credit requires a draft? how many of them was there?
Dear navi and shahriar
Posted: Fri Apr 03, 2009 4:46 pm
by cristiand969
Really appreciated your prompt answers and your excelent views as well.
Thanks a lot!
After all i think it is very likely an immaterial wording to trigger an advice of refusal.
Mr. Gary Collyer always said that we shouldn't stick to such immaterial discrepancies but for the ones really affecting the basis of transaction.
Have a nice day!
Cristian
partial shipment?
Posted: Fri Apr 03, 2009 5:20 pm
by jim
could you please tell me if the two bill of ladings was presented under two separate presentation, will it form a partial shipment?
Jim
Posted: Fri Apr 03, 2009 8:08 pm
by cristiand969
Jim,
There is only one presentation of documents comprising of two separate sets each for each item.
No word abt part shipment as the 2 Bs/L show same vessel, same voyage and same destination
request
Posted: Fri Apr 03, 2009 10:38 pm
by jim
dear Cristian,
actually i wanted to know whether presentation of two set of document considered to be a partial shipment where there are two bill of lading showing the goods are shipped on the same vessel for the same destination.
confused
Posted: Sat Apr 04, 2009 3:00 pm
by kinkidz
complying
COMPLY
Posted: Sun Apr 05, 2009 8:56 pm
by maqianyueer
NO PARTIAL SHIPMENT EFFECTED
partial shipment
Posted: Sun Apr 05, 2009 9:05 pm
by shruti
Dear Maqianyueer
article 31b of ucp supports your answer. it will not be a partial shipment
reagrds
kalra n k
Definite not partial shipment
Posted: Mon Apr 06, 2009 2:43 am
by fionawang
Yes, according to Article 31, more than one set B/L but same conveyance, same journey, same destination, even different dates different ports of lading... would not be partial shipment. Just should notice the on board date should be Apr. 2nd.
your opinion please....
Posted: Mon Apr 06, 2009 3:44 pm
by SHAMEER
No partial shipment effected
Tks and rgds