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goods under same voyage same ship
Posted: Sat Nov 07, 2009 7:31 pm
by jim
dear sir,
please advice me on the issue. as per isbp, if goods are destined to the same destination, same ship, same voyage, then they are not discrepant where partial shipment is prohibited. if to sets of documents are presented at an interval of 10 days, is the issuing bank right to refuse the first document? at an extreme end; if the credit is available with issuing bank and issuing bank returns the document on the first presentation, what should the beneficiary do if the expiry is imminent?
wrongful dishonor
Posted: Mon Nov 16, 2009 9:13 pm
by jmitra
since the first one will be a wrongful dishonor, it wont matter whether LC expires or not
Jim ,
Posted: Tue Nov 17, 2009 8:46 am
by ajoy
Let me try and break it down as I understand your queries. My responses are in underlined italics. Hope this helps:
please advice me on the issue. as per isbp, if goods are destined to the same destination, same ship, same voyage, then they are not discrepant where partial shipment is prohibited.
Yes you are correct. There is no partial shipment provided the all sets of BL are presenteed together as one presentation
if to sets of documents are presented at an interval of 10 days, is the issuing bank right to refuse the first document? at an extreme end;
[i] Not sure what you mean by at extreme end. Are you refering to using up all five days by Issuing bank.
In any case, the IB has a right to refuse the first document as long as they do it within reasonable time allowed by UCP. So if you have submitted only 1 set of BL the docs are discrepant[/i]
If the credit is available with issuing bank and issuing bank returns the document on the first presentation, what should the beneficiary do if the expiry is imminent?
No choice but to present both sets of BL together within the expiry date. If you are running out of time you could try to get your ' buyer' /applicant of LC to initiate an amendment extending presentation date and expiry date etc.
two BL
Posted: Fri Nov 20, 2009 10:47 am
by akomolpa
They should present the two BLs in the same presentation to avoid the rejection. If they separate the BLs , then the first presentation will face the discrepancy of partial shipment effected.
Art 31 b
Posted: Mon Nov 23, 2009 2:07 pm
by wongvv
Hi !
According to UCP600 Art 31 b, it states "
A presentation consisting of more than one set of transport documents.....". It means the exemption is applicable when there is only within one presentation. In any case exceed one presentation should be treated as partial shipment.
V.V.
i agree with VV
Posted: Mon Nov 23, 2009 8:43 pm
by iLC
i ageee with dear VV. to avoid partial shipment, all the transport document must be presented under one presentation. this view is also supported in ISBP which says
In the event that more than one set of multimodal transport documents are presented and if they incorporate different dates of shipment, dispatch or taking in charge, the latest of these dates will be taken for the calculation of any presentation period, and such date must fall on or before any latest date of shipment, dispatch or taking in charge specified in the credit.
here this provision is only to facilitate the submission of all the transport document at a time.