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  SWQ_114
15
.9.2008
Manufacturer certificate
  Question:

Name: VV Won

Dear Experts

May I have your opinions on the following case?

L/C calls for “Manufacturer certificate” without mentioning the name of manufacturer.

Beneficiary does not submit a certificate issued by a party other than beneficiary, and neither the certificate itself nor the other documents evidence that the issuing party is manufacturer.

Does it constitute a discrepancy? 

Does the spirit UCP 600 Article 3 “Terms such as ‘first class’, ‘well known’ except the beneficiary to issue that document¨ apply to this case?

Thanks in advance!

V.V.

 
Answer (from Kim Christensen)

Dear VV Won,

I think one need to see the document - to provide a definite answer.

However; I think that article 14(f) is the best guide; i.e. that the
document must appear to fulfil the required function. This means - in my
personal view - that you must be able to determine that it is in fact
"manufacturers certificate" ... I would expect that this could be achieved
in a number of ways.

I do not consider the quoted interpretation from article 3 relevant.

I hope this helps you. If you need us to dig deeper we need more detailed
information - e.g. a copy of the document.

Best regards

Ki
m