Questions on ICC Official opinion TA675
Posted: Sat May 02, 2009 4:41 pm
Dear All, I have few questions on ICC Official opinion TA675. The presented statement there includes the followings
1. If the Bill of lading shows that or board notation will mean that shipped on board from port of loading and there is a place of receipt different from the port of loading, will we require a extended on board notation?
2. In th opinion it was decided that the condition of non negotiable bill of lading (underlined) does not conflict with the credit requirement (i.e ++BILLS OF LADING THAT ON THEIR FACE INDICATE THAT GOODS MAY BE RELEASED WITHOUT PRESENTATION OF AN ORIGINAL BILL OF LADING ARE NOT ACCEPTABLE." [Emphasis added] )
if the clause of the bill of lading exclude the term non-negotiable and says " the Carrier may give delivery of the Goods to the named consignee upon reasonable proof of identity and without requiring surrender of an original bill of lading." should we count it as discrepancy?
3. can we consider the clauses as terms and conditions?
my query -When the Place of Receipt box has been completed, any notation on this Bill of Lading of 'on board', 'loaded on board' or words to like effect, shall be deemed to be on board the means of transportation performing the carriage from the Place of Receipt to the Port of Loading. Where the bill of lading is non-negotiable, the Carrier may give delivery of the Goods to the named consignee upon reasonable proof of identity and without requiring surrender of an original bill of lading. Where the bill of lading is negotiable, the Merchant is obliged to surrender one original, duly endorsed, in exchange for the Goods.
1. If the Bill of lading shows that or board notation will mean that shipped on board from port of loading and there is a place of receipt different from the port of loading, will we require a extended on board notation?
2. In th opinion it was decided that the condition of non negotiable bill of lading (underlined) does not conflict with the credit requirement (i.e ++BILLS OF LADING THAT ON THEIR FACE INDICATE THAT GOODS MAY BE RELEASED WITHOUT PRESENTATION OF AN ORIGINAL BILL OF LADING ARE NOT ACCEPTABLE." [Emphasis added] )
if the clause of the bill of lading exclude the term non-negotiable and says " the Carrier may give delivery of the Goods to the named consignee upon reasonable proof of identity and without requiring surrender of an original bill of lading." should we count it as discrepancy?
3. can we consider the clauses as terms and conditions?