Hi,
Question 1:Partial shipment is prohibited in the credit.
LC amount is USD 70,000. Bene has presented the document under two presentations.
Pay 001 is USD 35,000
Pay 002 is USD 35,000
But B/L presented under both the presentations shows same Vessel, destination.
Is it constitute a partial shipment
Question 2: B/L issued by XYZ Co. at the bottom of the B/L shows ABC as agent for the carrier named above.. XYZ Co is no where identified as carrier.
Can we constitute it as a discrepancy (Carrier not identifed)
Question no.2
Your question no.2
Normally on the verso of the bl, identification of the carrier is mentioned. pls verify and let us know, then we can reply to your question.
glad
Not clear
Hi,
Request the experts to share their valuable comments on the above case
Agent indicates the carrier
Hi friend, if goods shipped in the same vessel, invoiced in 2 different
documents, but presented together-no partial shipments(unless specific
l/c condition).
query 2, ABC co ltd as agent for(or "on behalf of") the above named
carrier.- and the document has XYZ shipping in its letterhead, by
signing ,the agent is qualifying the a.m. carrier too-(position paper
no. 4 ICC 1994 linked to publ 500 but still valid, IMHO, see Commentary
601 on art 20)
Ciao
Partial Shipment
Dear Smmujeeb,
Against Question No. 1, may I quote below Article 105 of ISBP 681:
" If a credit prohibits partial shipments and more than one set of original bills of lading are presented covering shipment from one or more ports of loading (as specifically allowed, or within the geographical area or range stated in the credit), such documents are acceptable provided that they cover the shipment of goods on the same vessel and same journey and are destined for the same port of discharge. In the event that more than one set of bills of lading are presented and incorporate different dates of shipment, the latest of these dates of shipment will be taken for the calculation of any presentation period and must fall on or before the latest shipment date specified in the credit. Shipment on more than one vessel is a partial shipment, even if the vessels leave on the same day for the same destination. "
The portion marked in Italics refers to your question. However, I am not sure if two separate presentations could be allowed/exempted from the definition. Hope someone can throw some light on this.
Great Comment Catalyst!!
You exactly highlightetd the important part.
Two separate presentation rather than one presentation containing two sets of documents can easily be mistaken to be partial shipments!
Just imagine the two separate presentations are handled by two different examiners in the same bank - maybe also with one or two days in between - they would most certainly be considered as partial shipments, applicant be asked for a waiver, waiver will be obtained, payment then be effected - but discrepancy fee will be collected twice.
And no one will possible claim or even start legal proceedings for a mere USD 200,00 or so.
Of course there is no partial shipment. Catalyst has made this perfectly clear. It's just the issuing bank will sometimes only have few chances to note that there was no such partial shipment if docs have been presented to them separately.
Of course, the issuing bank - in the end - has to be pay in either case. But such annoyance could be avoided by making just one presentation! And there is no advantage by a separate presentation except for the banks charging more.
-Each long journey starts with a small step-
Best regards
Frammi
UCP600 Art 31
Hi !
My opinion is that UCP 600 Art 31 is the generic of ISBP rule no. 80, 105, 125, 145 & 164 concerning partial shipment. Art 31 b mentions " A presentation..........". It means that only under a single presentation this article can be applicable. Therefore, more than one presentations result partial drawing/shipment.
Please consider.
V.V.
Partial Shipment - Yes, IT IS!
Dear V.V.
Thanks for pointing in the right direction. You are absolutely right! The UCP is the driving force, the ISBP articles only supplement or complement the UCP. ISBP does not supersede the UCP. Therefore, drawing our guidance/clue from the UCP article 31(b), the provisions apply to 'A (single) presentation....' not multiple presentations.
Going by this clarification from V.V., the question from smmujeeb is now finally answered. This also is in line with what Frammi had said. It is an instance of partial shipment.
Thanks, once again VV.
NOT PARTIAL SHIPMENT
My opinion: this case not constitute partial shipment , regarding Article 31b, UCP600: "b. A presentation consisting of more than one set of transport documents evidencing shipment commencing
on the same means of conveyance and for the same journey, provided they indicate the same destination,
will not be regarded as covering a partial shipment, even if they indicate different dates of shipment or
different ports of loading, places of taking in charge or dispatch. If the presentation consists of more than
one set of transport documents, the latest date of shipment as evidenced on any of the sets of transport
documents will be regarded as the date of shipment."