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SWQ_72
11.4.2008 |
B/L:
Identification of carrier and date (part 2) |
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Question: |
Dear Sirs,
Thanks for you reply. I very much agree with you. again some detail so that
you can opine for sure.
a. i received a number of BLs (LC calls for a ocean BL) which shows
something like this
* ABC Shipping Line
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All the content requirements of 20(a) fulfilled
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ABC Shipping Line
(Signature)
Authorized Signature
as you can see there is no where written that ABC shipping line is the
carrier. i feel its implied. but does it meet the requirement of 20(a)?
2. I fully accept Mr. Bogdan's assumptions. the date was not written
anywhere but as stated.
thanks to both of u for ur kind reply. I will be highly grateful if u
could please
advise me on no. 1
Regards
shahriar |
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Answer
(from Don Smith) |
Based on the input of the ICC Transport Commission on a
pending ICC Opinion, I believe the Transport Commission would likely say the
BL is ok regarding identifying the Carrier as ABC Shipping Line.
I also believe the Banking Commission would be split
in their discussions.
Common Sense must still prevail and LCs are a
payment method, not a method for the refusal of payment.
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Answer
(from T.O. Lee) |
In fact the definition of a carrier is printed at the
back of the B/L, often at the very beginning of the terms and conditions of
carriage.
The trouble is that bankers do not wish to read the
back of the B/L for terms and conditions of carriage. I think they should
read at least a small part of those terms to determine who the carrier is.
This does not need deep knowledge about maritime transport.
Hence, the identity of the carrier is not a
transport issue. It is created by those bankers who refuse to read the back
side of the B/L. It can be easily resolved by those open-minded bankers who
do not mind to go a little step further to create customer services.
T. O.
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Answer
(from Bogdan Ilie) |
If the b/l has a letterhead stating (in beautiful
colours, with beautiful drawings) ABC Shipping Line and down page shows as
indicated by Shahriar, it is a discrepant b/l because does not evidence the
capacity of ABC Shipping Line (“as carrier” or “carrier:” or similar wording)
In this regard the B/L does not comply with article
20 of UCP600
Regards,
Bogdan
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