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Discrepancy or not: As Agent or As Agent for the carrier?
Posted: Fri Oct 20, 2017 12:21 pm
by leejiuno1
B/L signiture box:
ABC CO.,LTD As Carrier
(Signiture)
DEF CO., LTD As Agent
But Bank said that the party who signed is not clear.
So they want to add "for the carrier", not just "As Agent".
Is the phrase "As Agent" not enough in this situation?
Re: Discrepancy or not: As Agent or As Agent for the carrier?
Posted: Sat Oct 21, 2017 2:06 am
by liviuc
Hi
As per article 20 of UCP "Any signature by an agent must indicate whether the agent has signed for or on behalf of the carrier or for or on behalf of the master."
The BL should indicat
ABC CO.,LTD As Carrier
(Signiture)
DEF CO., LTD As Agent of/for the Carrier
Re: Discrepancy or not: As Agent or As Agent for the carrier?
Posted: Thu Oct 26, 2017 4:23 pm
by picant
Hi Pals,
not discrepant, see Opinion TA791: Ciao
Re: Discrepancy or not: As Agent or As Agent for the carrier?
Posted: Sat Feb 24, 2018 9:16 pm
by nhungth306
picant wrote: ↑Thu Oct 26, 2017 4:23 pm
Hi Pals,
not discrepant, see Opinion TA791: Ciao
Could you kindly quote the opinion here? Thanks a lot!
Re: Discrepancy or not: As Agent or As Agent for the carrier?
Posted: Sun Feb 25, 2018 10:12 pm
by picant
Hi Pal,
the conclusion of Opinion TA791:
The Bill of Lading signature block is:
Quote
“Mitsui O.S.K.Lines, Ltd. as Carrier” [this is a preprinted text]
By Amity Shipping Ukraine Ltd .
As Agents
Unquote
ISBP 745 paragraph E5 (c) states that when the carrier is identified elsewhere in
the document as the “carrier”, the named agent may sign, for example, as
“agent for
[or on behalf of] the carrier” without naming the carrier again.
----
Somebody may state that "by" is qualifying, but not IMHO.
However comments appreciated-Ciao
Re: Discrepancy or not: As Agent or As Agent for the carrier?
Posted: Sun Mar 04, 2018 9:18 am
by Nesar
Dear all,
If you strictly look into the rule I. e article 20 a(i):
When the agent singled on a bill of lading, it must mention on whose behalf the agent is signing.
.
Strict apply of this article to our case, here the agent signed as agent without indicating on whose behalf.
therefore it’s sounds apparent discrepant.
.
However this type of scinerio often refer to ICC commercial and transport committee, before serving any opinion related to shipping and transport industry to understand its practices. This objective of this reference is to keep UCP aligned with two vibrant industry like insurance and shipping industry. and one ICC Official opinion cover it that since there is not other name appear on the transport document, the agent is signing on behalf of the carrier.
Therefore complying
Re: Discrepancy or not: As Agent or As Agent for the carrier?
Posted: Tue Mar 06, 2018 3:24 pm
by anhphuoc892
leejiuno1 wrote: ↑Fri Oct 20, 2017 12:21 pm
B/L signiture box:
ABC CO.,LTD As Carrier
(Signiture)
DEF CO., LTD As Agent
But Bank said that the party who signed is not clear.
So they want to add "for the carrier", not just "As Agent".
Is the phrase "As Agent" not enough in this situation?
Dear Leejiuno,
in my opinion, it is not discrepancy because the carrier has been identified.
So that, this signature can act like carrier or agent.
If they raise discrepancy, you can reply that is signature of carrier
Re: Discrepancy or not: As Agent or As Agent for the carrier?
Posted: Thu Mar 08, 2018 4:51 am
by abrar
TA791 discussed a similar scenario but where the agent had signed as “by” the agent. The Opinion stated that this form of signing was acceptable as evidence that the agent had signed “on behalf” of the carrier.
Whilst I agree with the common sense conclusion of the Opinion (since it should be clear that where an agent simply signs as agent within proximity of an identification of the carrier, but without indicating on whose behalf it is acting, there should be no doubt that it is acting as agent of the carrier and not some other unidentified party), I do not agree (as picant also states) that the word “by” equates to “on behalf of”.