is proforma invoice a contract?

The forum is dedicated to all who deals with LCs. Please share your experiences, problems and opinions with us. You are requested to be confined to LC related issues only. Let us together discover the beauty of Letter of Credit. Thank and regards – admin; besttradesolution.com
Post Reply
User avatar
shahriar
Posts: 923
Joined: Fri May 16, 2008 1:03 am
First Name: Shahriar
Last Name: Masum
Organization: Mutual Trust Bank
Filter: Two Plus Two =: 4
Location: Bangladesh

is proforma invoice a contract?

Post by shahriar » Wed May 27, 2009 9:08 pm

dear friends,

i need your opinion. does a proforma invoice carries equal value to a contract? one more question; if a credit has terms like "certificate should be endorsed by..." how would you interpret "should" here.

Judith
Posts: 118
Joined: Thu Mar 12, 2009 8:59 am

Proforma invoice = Offer

Post by Judith » Thu May 28, 2009 9:09 am

A proforma invoice is usually an estimate sent by the seller to a buyer in response to a trade inquiry. It usually constitutes an offer and until accepted by the buyer does not result in a binding contract.

If a credit has terms like "certificate SHOULD be endorsed by...", I would interpret it as a mandatory requirement and equate it to a “must” (otherwise why else would they put it in the credit!)

Hope this helps.

ghubshawi
Posts: 30
Joined: Tue Jun 24, 2008 12:51 pm

P.I vs Contract

Post by ghubshawi » Tue Jun 02, 2009 1:04 pm

Dear Shahriar,

To me Proforma Invoice is not necessarily to carry the same amount of contract as some time contract contains some settlements need not be mentioned in Proforma Invoice.

As for second Question I think "Should" in the context has to be construed as "Must" as far as it is a requirement of LC according to Article #3 of UCP 600 " Complying Presentation".

I wish if some one gather some general principles, or in other words, consolidate ISBP to help understanding of LCs literature such as:

1- Presenation is discrepant untill it establishes its compliance.
2- Unless otherwise stipulated original documents must be presented.
3- LC requirements are a must ... and so on.

Other comments are appreciated.

Rgds,

Ghubshawi

User avatar
shahriar
Posts: 923
Joined: Fri May 16, 2008 1:03 am
First Name: Shahriar
Last Name: Masum
Organization: Mutual Trust Bank
Filter: Two Plus Two =: 4
Location: Bangladesh

nice one

Post by shahriar » Tue Jun 02, 2009 8:46 pm

nice one dear ghubshawi. truly appreciated. :)

Post Reply