UCP 600 18C VS 14D
Posted: Wed Aug 16, 2017 10:52 am
Dear Experts
I would like to know your opinion regarding this case
45A : Description of Goods
COAL
AS PER ASTM STANDARD
SPECIFICATION REJECTION
NCV BELOW 5000
INVOICE MENTIONED AS FOLLOWS :
COAL
SPECIFICATION
NCV 5182
Certificate ofAnalysis MENTIONED :
COAL
AS PER ASTM STANDARD
SPECIFICATION
NCV 5182
ISSUING BANK RAISE DISCREPANCY AS FOLLOWS :
WORDING "AS PER ASTM STANDARD" NOT INCLUDED IN INVOICE" and they based their opinion on UCP 600 18C :
The description of the goods, services or performance. in a commercial invoice must correspond with that appearing in the credit.
However, I refuse the discrepancy statement due to the fact that wording "AS PER ASTM STANDARD" already mentioned in COA, so I think that invoice does not contradict other document eventhough its not stating that wording, and I based my opinion on Article 14 D :
"Data in a document, when read in context with the credit, the document itself and international standard banking practice, need not be identical to, but must not conflict with, data in that document, any other stipulated document or the credit."
Issuing bank and I, also debatw whether invoice complied with ISBP 745 clause C3 or not (I insist that the invoice is still comply with ISBP 745 clause C3)
Im really appreciate your comment
Regards
I would like to know your opinion regarding this case
45A : Description of Goods
COAL
AS PER ASTM STANDARD
SPECIFICATION REJECTION
NCV BELOW 5000
INVOICE MENTIONED AS FOLLOWS :
COAL
SPECIFICATION
NCV 5182
Certificate ofAnalysis MENTIONED :
COAL
AS PER ASTM STANDARD
SPECIFICATION
NCV 5182
ISSUING BANK RAISE DISCREPANCY AS FOLLOWS :
WORDING "AS PER ASTM STANDARD" NOT INCLUDED IN INVOICE" and they based their opinion on UCP 600 18C :
The description of the goods, services or performance. in a commercial invoice must correspond with that appearing in the credit.
However, I refuse the discrepancy statement due to the fact that wording "AS PER ASTM STANDARD" already mentioned in COA, so I think that invoice does not contradict other document eventhough its not stating that wording, and I based my opinion on Article 14 D :
"Data in a document, when read in context with the credit, the document itself and international standard banking practice, need not be identical to, but must not conflict with, data in that document, any other stipulated document or the credit."
Issuing bank and I, also debatw whether invoice complied with ISBP 745 clause C3 or not (I insist that the invoice is still comply with ISBP 745 clause C3)
Im really appreciate your comment
Regards