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Whether
it is UCP 500 or the proposed new UCP, it does
not indicate that banks will not examine these terms and
conditions if they appear on the reverse side of the document.
It simply says that banks will not
examine the contents
of such terms and conditions. In my opinion, whether such
terms and conditions appear on the
front or the back of
the
document, banks will not examine their contents.
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Article 23(a)(v) of UCP 500 indicates that banks will
accept a documents, however named, which 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.
In the new UCP, the proposed article on bill of
lading covering port to port shipment is quite similar. A bill of lading,
however named, covering a port-to-port shipment, must appear to contain
terms and conditions of carriage or make reference to another source that
contains the terms and conditions of carriage (short form/blank back bill of
lading). Contents of terms and conditions of carriage will not be
examined.
Whether it is UCP 500 or the proposed new UCP, it
does not indicate that banks will not examine these terms and conditions if
they appear on the reverse side of the document. It simply says that banks
will not examine the contents of such terms and conditions. In my opinion,
whether such terms and conditions appear on the front or the back of the
document, banks will not examine their contents.
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