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  SWQ_65
5
.04.2008
New discrepancy notice
  Question:

Name: Nesarul

Please provide some light on the following issue:

DC No. : 12345

Issuing Bank:
Bank A

Credit available:
By payment
At the counter of issuing Bank

Additional Condition:
1. Commercial invoice must be mentioned country of origin.

Beneficiary presented the documents to the issuing bank via his Bank within stipulated time frame. After examine the document as per article 14, Issuing Bank provided discrepancy notice as per article 16 (c): The following discrepancies were observed:

  1. Container No. mentioned in Bill of Lading is conflicting with that of Packing List
     

  2. Invoice didn’t show country of origin.

Beneficiary presented corrected Invoice and packing list with in the expiry of the credit.

After receiving the corrected invoice and packing list, The issuing Bank has observed that the mentioned two discrepancy has duly been corrected by the beneficiary within the expiry of the credit but L/C no. mentioned on the corrected invoice is 1245 instead of 12345 [emphasis added].

Question:

Can the issuing Bank provide new discrepancy notice based on conflicting of L/C No.

 

 
  Answer (from Lakshmanan Sankaran)

 

In my view, this is a discrepancy though it could come under the 'typo' classification;

No error, however minor, is acceptable in respect of certain data in the LC like LC No, Amount, Quantity, Currency.

 

 
  Answer (from Bogdan Ilie) My answer is that issuing bank can provide a new discrepancy as we are facing a new presentation of documents.

The discrepancy is valid but not fair. Sounds like a reason for delayed payment.

Regards,

Bogdan

 

 

 
  Answer (from Don Smith)

 

Presenting new documents leads to a new examination.  If this "discrepancy" in the invoice number is "new" it can be cited.

I question if the invoice number is a discrepancy - is it cited in other documents?  Is it in conflict with required data contained in other documents required by the credit?