Are the charter party bills of lading discrepant

[ucp800]

Dear All,

I come across some cases as follows:

QUESTION 1

A credit subject to UCP 600 asks for full set of 3 original charter party bills of lading evidencing shipment of freshly cut logs, consigned to the order of the shipper, evidencing shipment from any Asian port to any European port, with freight prepaid, notifying the applicant.

The issuing bank dishonours due to following discrepancies:

1. Three sets of original charter party bills of lading are presented whereas the credit only asks for one set.
2. The 3 sets of original charter party bills of lading show a range of ports of loading (one set showing Kota Kinabalu, one set showing Sandakan, and one set showing Tawau). This is not allowed in UCP 600 article 22 (a) (iii) which only allows a range of ports of discharge.


Q1 Can the beneficiary present three sets of original charter party bills of lading when the credit only asks for full (one) set?

Q2 Are the 3 sets of original charter party bills of lading discrepant?


Regards,
ucp 800

[Judith]

Q1 Can the beneficiary present three sets of original charter party bills of lading when the credit only asks for full (one) set?

This question is not so relevant as much as the question, “Is partial shipment allowed?”

If partial shipment is allowed, you can present any number of bills of lading.

If partial shipment is not allowed, you can still present any number of bills of lading as long as it’s the same voyage, same journey, same destination…

Q2 Are the 3 sets of original charter party bills of lading discrepant?

I don’t think so either. The whole point under Article 22 about the range of ports is that the port of loading must be Specific i.e. Port of Loading cannot say, “Any port in Asia”. However, it can say, “Shanghai, Hongkong, Singapore and Colombo” i.e. it can mention a range of ports as long as they have been specified.

Any other comments appreciated.

[jmitra]

agree with the answer. if partial shipment is allowed in the LC, the beneficiary can present as much bill of lading as required. 3 original only means that there will be only 3 original in a set. about the 2nd question, the three bl shows three port of loading. that means the bl are specific on port of loading in themselves. therefore they are not discrepant, at least on this reason