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Article 13
Standard for Examination of Documents
a. Banks must examine all documents stipulated in the Credit
with reasonable care, to ascertain whether or not they appear, on
their face, to be in compliance with the terms and conditions of the
Credit. Compliance of the stipulated documents on their face with
the terms and conditions of the Credit, shall be determined by
international standard banking practice as reflected in these
Articles. Documents which appear on their face to be inconsistent
with one another will be considered as not appearing on their face
to be in compliance with the terms and conditions of the Credit.
Documents not stipulated in the Credit will not be examined by
banks. If they receive such documents, they shall return them to the
presenter or pass them on without responsibility.
b. The Issuing Bank, the Confirming Bank, if any, or a
Nominated Bank acting on their behalf, shall each have a reasonable
time, not to exceed seven banking days following the day of receipt
of the documents, to examine the documents and determine whether to
take up or refuse the documents and to inform the party from which
it received the documents accordingly.
c. If a Credit contains conditions without stating the
document(s) to be presented in compliance therewith, banks will deem
such conditions as not stated and will disregard them.
Article 14
Discrepant Documents and Notice
a. When the Issuing Bank authorises another bank to pay, incur
a deferred payment undertaking, accept Draft(s), or negotiate
against documents which appear on their face to be in compliance
with the terms and conditions of the Credit, the Issuing Bank and
the Confirming Bank, if any, are bound:
i. to reimburse the Nominated Bank which has paid, incurred a
deferred payment undertaking, accepted Draft(s), or negotiated,
ii. to take up the documents.
b. Upon receipt of the documents the Issuing Bank and/or
Confirming Bank, if any, or a Nominated Bank acting on their behalf,
must determine on the basis of the documents alone whether or not
they appear on their face to be in compliance with the terms and
conditions of the Credit. If the documents appear on their face not
to be in compliance with the terms and conditions of the Credit,
such banks may refuse to take up the documents.
c. If the Issuing Bank determines that the documents appear on
their face not to be in compliance with the terms and conditions of
the Credit, it may in its sole judgment approach the Applicant for a
waiver of the discrepancy(ies). This does not, however, extend the
period mentioned in sub-Article 13 (b).
d. i. If the Issuing Bank and/or Confirming Bank, if any, or a
Nominated Bank acting on their behalf, decides to refuse the
documents, it must give notice to that effect by telecommunication
or, if that is not possible, by other expeditious means, without
delay but no later than the close of the seventh banking day
following the day of receipt of the documents. Such notice shall be
given to the bank from which it received the documents, or to the
Beneficiary, if it received the documents directly from him.
ii. Such notice must state all discrepancies in respect of
which the bank
refuses the documents and must also state whether it is holding
the
documents at the disposal of, or is returning them to, the
presenter.
iii. The Issuing Bank and/or Confirming Bank, if any, shall
then be entitled
to claim from the remitting bank refund, with interest, of any
reimbursement which has been made to that bank.
e. If the Issuing Bank and/or Confirming Bank, if any, fails to
act in accordance with the provisions of this Article and/or fails
to hold the documents at the disposal of, or return them to the
presenter, the Issuing Bank and/or Confirming Bank, if any, shall be
precluded from claiming that the documents are not in compliance
with the terms and conditions of the Credit.
f. If the remitting bank draws the attention of the Issuing
Bank and/or Confirming Bank, if any, to any discrepancy(ies) in the
document(s) or advises such banks that it has paid, incurred a
deferred payment undertaking, accepted Draft(s) or negotiated under
reserve or against an indemnity in respect of such discrepancy(ies),
the Issuing Bank and/or Confirming Bank, if any, shall not be
thereby relieved from any of their obligations under any provision
of this Article. Such reserve or indemnity concerns only the
relations between the remitting bank and the party towards whom the
reserve was made, or from whom, or on whose behalf, the indemnity
was obtained.
Article 15
Disclaimer on Effectiveness of Documents
Banks assume no liability or responsibility for the form,
sufficiency, accuracy, genuineness, falsification or legal effect of
any document(s), or for the general and/or particular conditions
stipulated in the document(s) or superimposed thereon; nor do they
assume any liability or responsibility for the description,
quantity, weight, quality, condition, packing, delivery, value or
existence of the goods represented by any document(s), or for the
good faith or acts and/or omissions, solvency, performance or
standing of the consignors, the carriers, the forwarders, the
consignees or the insurers of the goods, or any other person
whomsoever.
Article 16
Disclaimer on the Transmission of Messages
Banks assume no liability or responsibility for the
consequences arising out of delay and/or loss in transit of any
message(s), letter(s) or document(s), or for delay, mutilation or
other error(s) arising in the transmission of any telecommunication.
Banks assume no liability or responsibility for errors in
translation and/or interpretation of technical terms, and reserve
the right to transmit Credit terms without translating them.
Article 17
Force Majeure
Banks assume no liability or responsibility for the
consequences arising out of the interruption of their business by
Acts of God, riots, civil commotions, insurrections, wars or any
other causes beyond their control, or by any strikes or lockouts.
Unless specifically authorized, banks will not, upon resumption of
their business, pay, incur a deferred payment undertaking, accept
Draft(s) or negotiate under Credits which expired during such
interruption of their business.
Article 18
Disclaimer for Acts of an Instructed Party
a. Banks utilizing the services of another bank or other banks
for the purpose of giving effect to the instructions of the
Applicant do so for the account and at the risk of such Applicant.
b. Banks assume no liability or responsibility should the
instructions they transmit not be carried out, even if they have
themselves taken the initiative in the choice of such other bank(s).
c. i. A party instructing another party to perform services is
liable for any charges, including commissions, fees, costs or
expenses incurred by the instructed party in connection with its
instructions.
ii. Where a Credit stipulates that such charges are for the
account of a party other than the instructing party, and charges
cannot be collected, the instructing party remains ultimately liable
for the payment thereof.
d. The Applicant shall be bound by and liable to indemnify the
banks against all obligations and responsibilities imposed by
foreign laws and usage.
Article 19
Bank-to-Bank Reimbursement Arrangements
a. If an Issuing Bank intends that the reimbursement to which a
paying, accepting or negotiating bank is entitled, shall be obtained
by such bank (the "Claiming Bank"), claiming on another party (the
"Reimbursing Bank"), it shall provide such Reimbursing Bank in good
time with the proper instructions or authorization to honour such
reimbursement claims.
b. Issuing Banks shall not require a Claiming Bank to supply a
certificate of compliance with the terms and conditions of the
Credit to the Reimbursing Bank.
c. An Issuing Bank shall not be relieved from any of its
obligations to provide reimbursement if and when reimbursement is
not received by the Claiming Bank from the Reimbursing Bank.
d. The Issuing Bank shall be responsible to the Claiming Bank
for any loss of interest if reimbursement is not provided by the
Reimbursing Bank on first demand, or as otherwise specified in the
Credit, or mutually agreed, as the case may be.
e. The Reimbursing Bank's charges should be for the account of
the Issuing Bank. However, in cases where the charges are for the
account of another party, it is the responsibility of the Issuing
Bank to so indicate in the original Credit and in the reimbursement
authorization. In cases where the Reimbursing Bank's charges are for
the account of another party they shall be collected from the
Claiming Bank when the Credit is drawn under. In cases where the
Credit is not drawn under, the Reimbursing Bank's charges remain the
obligation of the Issuing Bank.
D. Documents
Article 20
Ambiguity as to the Issuers of Documents
a. Terms such as "first class", "well known", "qualified",
"independent", "official", "competent", "local" and the like, shall
not be used to describe the issuers of any document(s) to be
presented under a Credit. If such terms are incorporated in the
Credit, banks will accept the relative document(s) as presented,
provided that it appears on its face to be in compliance with the
other terms and conditions of the Credit and not to have been issued
by the Beneficiary.
b. Unless otherwise stipulated in the Credit, banks will also
accept as an original document(s), a document(s) produced or
appearing to have been produced:
i. by reprographic, automated or computerized systems;
ii. as carbon copies;
provided that it is marked as original and, where necessary,
appears to be signed.
A document may be signed by handwriting, by facsimile
signature, by perforated signature, by stamp, by symbol, or by any
other mechanical or electronic method of authentication.
c. i. Unless otherwise stipulated in the Credit, banks will
accept as a copy(ies), a document(s) either labeled copy or not
marked as an original - a copy(ies) need not be signed.
ii. Credits that require multiple document(s) such as
"duplicate", "two fold", "two copies" and the like, will be
satisfied by the presentation of one original and the remaining
number in copies except where the document itself indicates
otherwise.
d. Unless otherwise stipulated in the Credit, a condition under
a Credit calling for a document to be authenticated, validated,
legalized, visaed, certified or indicating a similar requirement,
will be satisfied by any signature, mark, stamp or label on such
document that on its face appears to satisfy the above condition.
Article 21
Unspecified Issuers or Contents of Documents
When documents other than transport documents, insurance
documents and commercial invoices are called for, the Credit should
stipulate by whom such documents are to be issued and their wording
or data content. If the Credit does not so stipulate, banks will
accept such documents as presented, provided that their data content
is not inconsistent with any other stipulated document presented.
Article 22
Issuance Date of Documents v. Credit Date
Unless otherwise stipulated in the Credit, banks will accept a
document bearing a date of issuance prior to that of the Credit,
subject to such document being presented within the time limits set
out in the Credit and in these Articles.
Article 23
Marine/Ocean Bill of Lading
a. If a Credit calls for a bill of lading covering a
port-to-port shipment, banks will, unless otherwise stipulated in
the Credit, accept a document, however named, which:
i. appears on its face to indicate the name of the carrier and
to have been signed or otherwise authenticated by:
- the carrier or a named agent for or on behalf of the carrier,
or
- the master or a named agent for or on behalf of the master.
Any signature or authentication of the carrier or master must be
identified as carrier or master, as the case may be. An agent
signing or authenticating for the carrier or master must also
indicate the name and the capacity of the party, i.e. carrier or
master, on whose behalf that agent is acting, and
ii. indicates that the goods have been loaded on board, or
shipped on a named vessel.
Loading on board or shipment on a named vessel may be indicated
by pre-printed wording on the bill of lading that the goods have
been loaded on board a named vessel or shipped on a named vessel, in
which case the date of issuance of the bill of lading will be deemed
to be the date of loading on board and the date of shipment.
In all other cases loading on board a named vessel must be
evidenced by a notation on the bill of lading which gives the date
on which the goods have been loaded on board, in which case the date
of the on board notation will be deemed to be the date of shipment.
If the bill of lading contains the indication "intended
vessel", or similar qualification in relation to the vessel, loading
on board a named vessel must be evidenced by an on board notation on
the bill of lading which, in addition to the date on which the goods
have been loaded on board, also includes the name of the vessel on
which the goods have been loaded, even if they have been loaded on
the vessel named as the "intended vessel".
If the bill of lading indicates a place of receipt or taking in
charge different from the port of loading, the on board notation
must also include the port of loading stipulated in the Credit and
the name of the vessel on which the goods have been loaded, even if
they have been loaded on the vessel named in the bill of lading.
This provision also applies whenever loading on board the vessel is
indicated by pre-printed wording on the bill of lading, and
iii. indicates the port of loading and the port of discharge
stipulated in the Credit, notwithstanding that it:
a. indicates a place of taking in charge different from the
port of loading, and/or a place of final destination different from
the port of discharge, and/or
b. contains the indication "intended" or similar qualification
in relation to the port of loading and/or port of discharge, as long
as the document also states the ports of loading and/or discharge
stipulated in the Credit, and
iv. consists of a sole original bill of lading or, if issued in
more than one original, the full set as so issued, and
v. appears to contain all of the terms and conditions of
carriage, or some of such terms and conditions by reference to a
source or document other than the bill of lading (short form/blank
back bill of lading); banks will not examine the contents of such
terms and conditions, and
vi. contains no indication that it is subject to a charter
party and/or no indication that the carrying vessel is propelled by
sail only, and
vii. in all other respects meets the stipulations of the
Credit.
b. For the purpose of this Article, transshipment means
unloading and reloading from one vessel to another vessel during the
course of ocean carriage from the port of loading to the port of
discharge stipulated in the Credit.
c. Unless transshipment is prohibited by the terms of the
Credit, banks will accept a bill of lading which indicates that the
goods will be transshipped, provided that the entire ocean carriage
is covered by one and the same bill of lading.
d. Even if the Credit prohibits transshipment, banks will
accept a bill of lading which:
i. indicates that transshipment will take place as long as the
relevant cargo is shipped in Container(s), Trailer(s) and/or "LASH"
barge(s) as evidenced by the bill of lading, provided that the
entire ocean carriage is covered by one and the same bill of lading,
and/or
ii. incorporates clauses stating that the carrier reserves the
right to transship.
Article 24
Non-Negotiable Sea Waybill
a. If a Credit calls for a non-negotiable sea waybill covering
a port-to-port shipment, banks will, unless otherwise stipulated in
the Credit, accept a document, however named, which:
i. appears on its face to indicate the name of the carrier and
to have been signed or otherwise authenticated by:
- the carrier or a named agent for or on behalf of the carrier,
or
- the master or a named agent for or on behalf of the master,
Any signature or authentication of the carrier or master must be
identified as carrier or master, as the case may be. An agent
signing or authenticating for the carrier or master must also
indicate the name and the capacity of the party, i.e. carrier or
master, on whose behalf that agent is acting, and
ii. indicates that the goods have been loaded on board, or
shipped on a named vessel.
Loading on board or shipment on a named vessel may be indicated
by pre-printed wording on the non-negotiable sea waybill that the
goods have been loaded on board a named vessel or shipped on a named
vessel, in which case the date of issuance of the non-negotiable sea
waybill will be deemed to be the date of loading on board and the
date of shipment.
In all other cases loading on board a named vessel must be
evidenced by a notation on the non-negotiable sea waybill which
gives the date on which the goods have been loaded on board, in
which case the date of the on board notation will be deemed to be
the date of shipment.
If the non-negotiable sea waybill contains the indication
"intended vessel", or similar qualification in relation to the
vessel, loading on board a named vessel must be evidenced by an on
board notation on the non-negotiable sea waybill which, in addition
to the date on which the goods have been loaded on board, includes
the name of the vessel on which the goods have been loaded, even if
they have been loaded on the vessel named as the "intended vessel".
If the non-negotiable sea waybill indicates a place of receipt
or taking in charge different from the port of loading, the on board
notation must also include the port of loading stipulated in the
Credit and the name of the vessel on which the goods have been
loaded, even if they have been loaded on a vessel named in the
non-negotiable sea waybill. This provision also applies whenever
loading on board the vessel is indicated by pre-printed wording on
the non-negotiable sea waybill, and
iii. indicates the port of loading and the port of discharge
stipulated in the Credit, notwithstanding that it:
a. indicates a place of taking in charge different from the
port of loading, and/or a place of final destination different from
the port of discharge, and/or
b. contains the indication "intended" or similar qualification
in relation to the port of loading and/or port of discharge, as long
as the document also states the ports of loading and/or discharge
stipulated in the Credit, and
iv. consists of a sole original non-negotiable sea waybill, or
if issued in more than one original, the full set as so issued, and
v. appears to contain all of the terms and conditions of
carriage, or some of such terms and conditions by reference to a
source or document other than the non-negotiable sea waybill (short
form/blank back non-negotiable sea waybill); banks will not examine
the contents of such terms and conditions, and
vi. contains no indication that it is subject to a charter
party and/or no indication that the carrying vessel is propelled by
sail only, and
vii. in all other respects meets the stipulations of the
Credit.
b. For the purpose of this Article, transshipment means
unloading and reloading from one vessel to another vessel during the
course of ocean carriage from the port of loading to the port of
discharge stipulated in the Credit.
c. Unless transshipment is prohibited by the terms of the
Credit, banks will accept a non-negotiable sea waybill which
indicates that the goods will be transshipped, provided that the
entire ocean carriage is covered by one and the same non-negotiable
sea waybill.
d. Even if the Credit prohibits transshipment, banks will
accept a non-negotiable sea waybill which:
i. indicates that transshipment will take place as long as the
relevant cargo is shipped in Container(s), Trailer(s) and/or "LASH"
barge(s) as evidenced by the non-negotiable sea waybill, provided
that the entire ocean carriage is covered by one and the same
non-negotiable sea waybill, and/or
ii. incorporates clauses stating that the carrier reserves the
right to transship.
Article 25
Charter Party Bill of Lading
a. If a Credit calls for or permits a charter party bill of
lading, banks will, unless otherwise stipulated in the Credit,
accept a document, however named, which:
i. contains any indication that it is subject to a charter
party, and
ii. appears on its face to have been signed or otherwise
authenticated by:
- the master or a named agent for or on behalf of the master,
or
- the owner or a named agent for or on behalf of the owner.
Any signature or authentication of the master or owner must be
identified as master or owner as the case may be. An agent signing
or authenticating for the master or owner must also indicate the
name and the capacity of the party, i.e. master or owner, on whose
behalf that agent is acting, and
iii. does or does not indicate the name of the carrier, and
iv. indicates that the goods have been loaded on board or
shipped on a named vessel.
Loading on board or shipment on a named vessel may be indicated
by pre-printed wording on the bill of lading that the goods have
been loaded on board a named vessel or shipped on a named vessel, in
which case the date of issuance of the bill of lading will be deemed
to be the date of loading on board and the date of shipment.
In all other cases loading on board a named vessel must be
evidenced by a notation on the bill of lading which gives the date
on which the goods have been loaded on board, in which case the date
of the on board notation will be deemed to be the date of shipment,
and
v. indicates the port of loading and the port of discharge
stipulated in the Credit, and
vi. consists of a sole original bill of lading or, if issued in
more than one original, the full set as so issued, and
vii. contains no indication that the carrying vessel is
propelled by sail only, and
viii. in all other respects meets the stipulations of the
Credit.
b. Even if the Credit requires the presentation of a charter
party contract in connection with a charter party bill of lading,
banks will not examine such charter party contract, but will pass it
on without responsibility on their part.
Article 26
Multimodal Transport Document
a. If a Credit calls for a transport document covering at least
two different modes of transport (multimodal transport), banks will,
unless otherwise stipulated in the Credit, accept a document,
however named, which:
i. appears on its face to indicate the name of the carrier or
multimodal transport operator and to have been signed or otherwise
authenticated by:
- the carrier or multimodal transport operator or a named agent
for or on behalf of the carrier or multimodal transport operator, or
- the master or a named agent for or on behalf of the master.
Any signature or authentication of the carrier, multimodal
transport operator or master must be identified as carrier,
multimodal transport operator or master, as the case may be. An
agent signing or authenticating for the carrier, multimodal
transport operator or master must also indicate the name and the
capacity of the party, i.e. carrier, multimodal transport operator
or master, on whose behalf that agent is acting, and
ii. indicates that the goods have been dispatched, taken in
charge or loaded on board.
Dispatch, taking in charge or loading on board may be indicated
by wording to that effect on the multimodal transport document and
the date of issuance will be deemed to be the date of dispatch,
taking in charge or loading on board and the date of shipment.
However, if the document indicates, by stamp or otherwise, a date of
dispatch, taking in charge or loading on board, such date will be
deemed to be the date of shipment, and
iii. a. indicates the place of taking in charge stipulated in
the Credit which may be different from the port, airport or place of
loading, and the place of final destination stipulated in the Credit
which may be different from the port, airport or place of discharge,
and/or
b. contains the indication "intended" or similar qualification
in relation to the vessel and/or port of loading and/or port of
discharge, and
iv. consists of a sole original multimodal transport document
or, if issued in more than one original, the full set as so issued,
and
v. appears to contain all of the terms and conditions of
carriage, or some of such terms and conditions by reference to a
source or document other than the multimodal transport document
(short form/blank back multimodal transport document), banks will
not examine the contents of such terms and conditions, and
vi. contains no indication that it is subject to a charter
party and/or no indication that the carrying vessel is propelled by
sail only, and
viii. in all other respects meets the stipulations of the
Credit.
b. Even if the Credit prohibits transshipment, banks will
accept a multimodal transport document which indicates that
transshipment will or may take place, provided that the entire
carriage is covered by one and the same multimodal transport
document.
Article 27
Air Transport Document
a. If a Credit calls for an air transport document, banks will,
unless otherwise stipulated in the Credit, accept a document,
however named, which:
i. appears on its face to indicate the name of the carrier and
to have been signed or otherwise authenticated by:
- the carrier, or
- a named agent for or on behalf of the carrier.
Any signature or authentication of the carrier must be
identified as carrier. An agent signing or authenticating for the
carrier must also indicate the name and the capacity of the party,
i.e. carrier, on whose behalf that agent is acting, and
ii. indicates that the goods have been accepted for carriage,
and
iii. where the Credit calls for an actual date of dispatch,
indicates a specific notation of such date, the date of dispatch so
indicated on the air transport document will be deemed to be the
date of shipment.
For the purpose of this Article, the information appearing in
the box on the air transport document (marked "For Carrier Use Only"
or similar expression) relative to the flight number and date will
not be considered as a specific notation of such date of dispatch.
In all other cases, the date of issuance of the air transport
document will be deemed to be the date of shipment, and
iv. indicates the airport of departure and the airport of
destination stipulated in the Credit, and
v. appears to be the original for consignor/shipper even if the
Credit
stipulates a full set of originals, or similar expressions, and
vi. appears to contain all of the terms and conditions of
carriage, or some of such terms and conditions, by reference to a
source or document other than the air transport document; banks will
not examine the contents of such terms and conditions,
vii. in all other respects meets the stipulations of the
Credit.
b. For the purpose of this Article, transshipment means
unloading and reloading from one aircraft to another aircraft during
the course of carriage from the airport of departure to the airport
of destination stipulated in the Credit.
c. Even if the Credit prohibits transshipment, banks will
accept an air transport document which indicates that transshipment
will or may take place, provided that the entire carriage is covered
by one and the same air transport document.
Article 28
Road, Rail or Inland Waterway Transport Documents
a. If a Credit calls for a road, rail, or inland waterway
transport document, banks will, unless otherwise stipulated in the
Credit, accept a document of the type called for, however named,
which:
i. appears on its face to indicate the name of the carrier and
to have been signed or otherwise authenticated by the carrier or a
named agent for or on behalf of the carrier and/or to bear a
reception stamp or other indication of receipt by the carrier or a
named agent for or on behalf of the carrier.
Any signature, authentication, reception stamp or other
indication of receipt of the carrier, must be identified on its face
as that of the carrier. An agent signing or authenticating for the
carrier, must also indicate the name and the capacity of the party,
i.e. carrier, on whose behalf that agent is acting, and
ii. indicates that the goods have been received for shipment,
dispatch or carriage or wording to this effect. The date of issuance
will be deemed to be the date of shipment unless the transport
document contains a reception stamp, in which case the date of the
reception stamp will be deemed to be the date of shipment, and
iii. indicates the place of shipment and the place of
destination stipulated in the Credit, and
iv. in all other respects meets the stipulations of the Credit.
b. In the absence of any indication on the transport document
as to the numbers issued, banks will accept the transport
document(s) presented as constituting a full set. Banks will accept
as original(s) the transport document(s) whether marked as
original(s) or not.
c. For the purpose of this Article, transshipment means
unloading and reloading from one means of conveyance to another
means of conveyance, in different modes of transport, during the
course of carriage from the place of shipment to the place of
destination stipulated in the Credit.
d. Even if the Credit prohibits transshipment, banks will
accept a road, rail, or inland waterway transport document which
indicates that transshipment will or may take place, provided that
the entire carriage is covered by one and the same transport
document and within the same mode of transport.
Article 29
Courier and Post Receipts
a. If a Credit calls for a post receipt or certificate of
posting, banks will, unless otherwise stipulated in the Credit,
accept a post receipt or certificate of posting which:
i. appears on its face to have been stamped or otherwise
authenticated and dated in the place from which the Credit
stipulates the goods are to be shipped or dispatched and such date
will be deemed to be the date of shipment or dispatch, and
ii. in all other respects meets the stipulations of the Credit.
b. If a Credit calls for a document issued by a courier or
expedited delivery service evidencing receipt of the goods for
delivery, banks will, unless otherwise stipulated in the Credit,
accept a document, however named, which:
i. appears on its face to indicate the name of the
courier/service, and to have been stamped, signed or otherwise
authenticated by such named courier/service (unless the Credit
specifically calls for a document issued by a named Courier/Service,
banks will accept a document issued by any Courier/Service), and
ii. indicates a date of pick-up or of receipt or wording to
this effect, such date being deemed to be the date of shipment or
dispatch, and
iii. in all other respects meets the stipulations of the
Credit.
Article 30
Transport Documents issued by Freight Forwarders
Unless otherwise authorized in the Credit, banks will only
accept a transport document issued by a freight forwarder if it
appears on its face to indicate:
i. the name of the freight forwarder as a carrier or multimodal
transport operator and to have been signed or otherwise
authenticated by the freight forwarder as carrier or multimodal
transport operator, or
ii. the name of the carrier or multimodal transport operator
and to have been signed or otherwise authenticated by the freight
forwarder as a named agent for or on behalf of the carrier or
multimodal transport operator.
Article 31
"On Deck", "Shipper's Load and Count", Name of Consignor
Unless otherwise stipulated in the Credit, banks will accept a
transport document which:
i. does not indicate, in the case of carriage by sea or by more
than one means of conveyance including carriage by sea, that the
goods are or will be loaded on deck. Nevertheless, banks will accept
a transport document which contains a provision that the goods may
be carried on deck, provided that it does not specifically state
that they are or will be loaded on deck, and/or
ii. bears a clause on the face thereof such as "shipper's load
and count" or "said by shipper to contain" or words of similar
effect, and/or
iii. indicates as the consignor of the goods a party other than
the Beneficiary of the Credit.
Article 32
Clean Transport Documents
a. A clean transport document is one which bears no clause or
notation which expressly declares a defective condition of the goods
and/or the packaging.
b. Banks will not accept transport documents bearing such
clauses or notations unless the Credit expressly stipulates the
clauses or notations which may be accepted.
c. Banks will regard a requirement in a Credit for a transport
document to bear the clause "clean on board" as complied with if
such transport document meets the requirements of this Article and
of Articles 23, 24, 25, 26, 27, 28 or 30.
Article 33
Freight Payable/Prepaid Transport Documents
a. Unless otherwise stipulated in the Credit, or inconsistent
with any of the documents presented under the Credit, banks will
accept transport documents stating that freight or transportation
charges (hereafter referred to as "freight") have still to be paid.
b. If a Credit stipulates that the transport document has to
indicate that freight has been paid or prepaid, banks will accept a
transport document on which words clearly indicating payment or
prepayment of freight appear by stamp or otherwise, or on which
payment or prepayment of freight is indicated by other means. If the
Credit requires courier charges to be paid or prepaid banks will
also accept a transport document issued by a courier or expedited
delivery service evidencing that courier charges are for the account
of a party other than the consignee.
c. The words "freight prepayable" or "freight to be prepaid" or
words of similar effect, if appearing on transport documents, will
not be accepted as constituting evidence of the payment of freight.
d. Banks will accept transport documents bearing reference by
stamp or otherwise to costs additional to the freight, such as costs
of, or disbursements incurred in connection with, loading, unloading
or similar operations, unless the conditions of the Credit
specifically prohibit such reference.
Article 34
Insurance Documents
a. Insurance documents must appear on their face to be issued
and signed by insurance companies or underwriters or their agents.
b. If the insurance document indicates that it has been issued
in more than one original, all the originals must be presented
unless otherwise authorized in the Credit.
c. Cover notes issued by brokers will not be accepted, unless
specifically authorized in the Credit.
d. Unless otherwise stipulated in the Credit, banks will accept
an insurance certificate or a declaration under an open cover
presigned by insurance companies or underwriters or their agents. If
a Credit specifically calls for an insurance certificate or a
declaration under an open cover, banks will accept, in lieu thereof,
an insurance policy.
e. Unless otherwise stipulated in the Credit, or unless it
appears from the insurance document that the cover is effective at
the latest from the date of loading on board or dispatch or taking
in charge of the goods, banks will not accept an insurance document
which bears a date of issuance later than the date of loading on
board or dispatch or taking in charge as indicated in such transport
document.
f. i. Unless otherwise stipulated in the Credit, the insurance
document must be expressed in the same currency as the Credit.
ii. Unless otherwise stipulated in the Credit, the minimum
amount for which the insurance document must indicate the insurance
cover to have been effected is the CIF (cost, insurance and freight
(... "named port of destination")) or CIP (carriage and insurance
paid to (..."named place of destination")) value of the goods, as
the case may be, plus 10%, but only when the CIF or CIP value can be
determined from the documents on their face. Otherwise, banks will
accept as such minimum amount 110% of the amount for which payment,
acceptance or negotiation is requested under the Credit, or 110% of
the gross amount of the invoice, whichever is the greater.
Article 35
Type of Insurance Cover
a. Credits should stipulate the type of insurance required and,
if any, the additional risks which are to be covered. Imprecise
terms such as "usual risks" or "customary risks" shall not be used;
if they are used, banks will accept insurance documents as
presented, without responsibility for any risks not being covered.
b. Failing specific stipulations in the Credit, banks will
accept insurance documents as presented, without responsibility for
any risks not being covered.
c. Unless otherwise stipulated in the Credit, banks will accept
an insurance document which indicates that the cover is subject to a
franchise or an excess (deductible).
Article 36
All Risks Insurance Cover
Where a Credit stipulates "insurance against all risks", banks
will accept an insurance document which contains any "all risks"
notation or clause, whether or not bearing the heading "all risks",
even if the insurance document indicates that certain risks are
excluded, without responsibility for any risk(s) not being covered.
Article 37
Commercial Invoices
a. Unless otherwise stipulated in the Credit, commercial
invoices:
i. must appear on their face to be issued by the Beneficiary
named in the Credit (except as provided in Article 48), and
ii. must be made out in the name of the Applicant (except as
provided in sub-Article 48 (h)), and
iii. need not be signed.
b. Unless otherwise stipulated in the Credit, banks may refuse
commercial invoices issued for amounts in excess of the amount
permitted by the Credit. Nevertheless, if a bank authorised to pay,
incur a deferred payment undertaking, accept Draft(s), or negotiate
under a Credit accepts such invoices, its decision will be binding
upon all parties, provided that such bank has not paid, incurred a
deferred payment undertaking, accepted Draft(s) or negotiated for an
amount in excess of that permitted by the Credit.
c. The description of the goods in the commercial invoice must
correspond with the description in the Credit. In all other
documents, the goods may be described in general terms not
inconsistent with the description of the goods in the Credit.
Article 38
Other Documents
If a Credit calls for an attestation or certification of weight in
the case of transport other than by sea, banks will accept a weight
stamp or declaration of weight which appears to have been
superimposed on the transport document by the carrier or his agent
unless the Credit specifically stipulates that the attestation or
certification of weight must be by means of a separate document.
E. Miscellaneous Provisions
Article 39
Allowances in Credit Amount, Quantity and Unit Price
a. The words "about", "approximately", "circa" or similar
expressions used in connection with the amount of the Credit or the
quantity or the unit price stated in the Credit are to be construed
as allowing a difference not to exceed 10% more or 10% less than the
amount or the quantity or the unit price to which they refer.
b. Unless a Credit stipulates that the quantity of the goods
specified must not be exceeded or reduced, a tolerance of 5% more or
5% less will be permissible, always provided that the amount of the
drawings does not exceed the amount of the Credit. This tolerance
does not apply when the Credit stipulates the quantity in terms of a
stated number of packing units or individual items.
c. Unless a Credit which prohibits partial shipments stipulates
otherwise, or unless sub-Article (b) above is applicable, a
tolerance of 5% less in the amount of the drawing will be
permissible, provided that if the Credit stipulates the quantity of
the goods, such quantity of goods is shipped in full, and if the
Credit stipulates a unit price, such price is not reduced. This
provision does not apply when expressions referred to in sub-Article
(a) above are used in the Credit.
Article 40
Partial Shipments/Drawings
a. Partial drawings and/or shipments are allowed, unless the
Credit stipulates otherwise.
b. Transport documents which appear on their face to indicate
that shipment has been made on the same means of conveyance and for
the same journey, provided they indicate the same destination, will
not be regarded as covering partial shipments, even if the transport
documents indicate different dates of shipment and/or different
ports of loading, places of taking in charge, or dispatch.
c. Shipments made by post or by courier will not be regarded as
partial shipments if the post receipts or certificates of posting or
courier's receipts or dispatch notes appear to have been stamped,
signed or otherwise authenticated in the place from which the Credit
stipulates the goods are to be dispatched, and on the same date.
Article 41
Installment Shipments/Drawings
If drawings and/or shipments by installments within given
periods are stipulated in the Credit and any installment is not
drawn and/or shipped within the period allowed for that installment,
the Credit ceases to be available for that and any subsequent
installments, unless otherwise stipulated in the Credit.
Article 42
Expiry Date and Place for Presentation of Documents
a. All Credits must stipulate an expiry date and a place for
presentation of documents for payment, acceptance, or with the
exception of freely negotiable Credits, a place for presentation of
documents for negotiation. An expiry date stipulated for payment,
acceptance or negotiation will be construed to express an expiry
date for presentation of documents.
b. Except as provided in sub-Article 44(a), documents must be
presented on or before such expiry dale.
c. If an Issuing Bank states that the Credit is to be available
"for one month", "for six months", or the like, but does not specify
the date from which the time is to run, the date of issuance of the
Credit by the Issuing Bank will be deemed to be the first day from
which such time is to run. Banks should discourage indication of the
expiry date of the Credit in this manner.
Article 43
Limitation on the Expiry Date
a. In addition to stipulating an expiry date for presentation
of documents, every Credit which calls for a transport document(s)
should also stipulate a specified period of time after the date of
shipment during which presentation must be made in compliance with
the terms and conditions of the Credit. If no such period of time is
stipulated, banks will not accept documents presented to them later
than 21 days after the date of shipment. In any event, documents
must be presented not later than the expiry date of the Credit.
b. In cases in which sub-Article 40(b) applies, the date of
shipment will be considered to be the latest shipment date on any of
the transport documents presented.
Article 44
Extension of Expiry Date
a. If the expiry date of the Credit and/or the last day of the
period of time for presentation of documents stipulated by the
Credit or applicable by virtue of Article 43 falls on a day on which
the bank to which presentation has to be made is closed for reasons
other than those referred to in Article 17, the stipulated expiry
date and/or the last day of the period of time after the date of
shipment for presentation of documents, as the case may be, shall be
extended to the first following day on which such bank is open.
b. The latest date for shipment shall not be extended by reason
of the extension of the expiry date and/or the period of time after
the date of shipment for presentation of documents in accordance
with sub-Article (a) above. If no such latest date for shipment is
stipulated in the Credit or amendments thereto, banks will not
accept transport documents indicating a date of shipment later than
the expiry date stipulated in the Credit or amendments thereto.
c. The bank to which presentation is made on such first
following business day must provide a statement that the documents
were presented within the time limits extended in accordance with
subArticle 44(a) of the Uniform Customs and Practice for Documentary
Credits, 1993 Revision, ICC Publication No. 500.
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