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Effective Statement For The Acceptance

Posted: Fri Aug 04, 2017 12:25 pm
by cristiand969
A letter of credit requires among other docs an Acceptance certificate signed both by the applicant and the beneficiary.
The presented doc just stated that beneficiary is obliged to provide and the buyer is obliged to accept goods as per description of goods.
Do you consider the document discrepant on the grounds that there is no effective statement for the acceptance but only the obligation of such acceptance. ?
thx,

acceptance certificate

Posted: Fri Aug 04, 2017 1:05 pm
by Navi
Hi friend,
.
As per UCP 600, 14f, we should decide whether the document fulfils its "expected" function, and I am uncertain whether it should bear some direct wording about acceptance of goods.
However, since the LC is silent about the content of the document and if a document with heading "Acceptance Certificate" signed by both applicant and beneficiary is presented, it is hard to reject that document.
.
other comments appreciated

One idea that crossed my mind...

Posted: Fri Aug 04, 2017 5:06 pm
by cristiand969
The main issue is whether or not the the intention of the parties was in the direction described by L/C , i.e the doc to show that there is an acceptance fact (an acceptance took place) . Regardless the content of this docs is missing in the L/C, one cannot consider that a partial acceptance (and implicit partial rejection) or that the applicant promise to review their acceptance would fulfill the function of document. As for me, as long as the the applicant has obliged himself to accept goods, whether right away or at a later date , such obligation values as an irrevocable consent of the applicant to accept and as such the purpose has been achieved.