31. UCP 600 Art 20.a.

i: Any signature by an agent must indicate

whether the agent has signed for or on behalf of the carrier or for or on
behalf of the master.
By authority of Master, Captain
Clearly stated that the agent
ABC:
has signed for or on behalf of
(Manual signature)
the master.
XYZ Shipping Company Ltd. as
The discrepancy is not valid.
agent
32. ISBP 745 A18.a: Documents commonly used in relation to the
transportation of goods, such as but not limited to, Delivery Note,
Delivery Order, Cargo Receipt, Forwarders Certificate of Receipt,
Forwarders Certificate of Shipment, Forwarders Certificate of
Transport, Forwarders Cargo Receipt and Mates Receipt are not
transport documents as defined in UCP 600 articles 19-25. These
documents are to be examined only to the extent expressly stated in
the credit, otherwise according to UCP 600 sub-article 14 (f).
UCP 600 Art 14.f: If a credit requires presentation of a document other
than a transport document, insurance document or commercial
invoice, without stipulating by whom the document is to be issued
or its data content, banks will accept the document as presented if
its content appears to fulfill the function of the required document and
otherwise complies with sub-article 14 (d).
If the credit in this case does not require XYZ Freight Forwarding
Company Ltd. to indicate whether it signs as a carrier or as an
agent of the carrier or as an agent of the master, the discrepancy
is not valid.
33. ISBP 745 A18.a: Forwarders Certificate of Receipt is not a
transport document as defined in UCP 600 articles 1925. This
document is to be examined only to the extent expressly stated in the
credit, otherwise according to UCP 600 subarticle 14 (f).
UCP 600 Art 14.f: If a credit requires presentation of a document other
than a transport document, insurance document or commercial
invoice, without stipulating by whom the document is to be issued
or its data content, banks will accept the document as presented if

its content appears to fulfill the function of the required document and
otherwise complies with sub-article 14 (d).
If the credit in this case does not stipulate by whom the FCR is to
be issued, the discrepancy is not valid even though the issuer is
not a forwarder but a godown company.
34. ISBP 745 L5: Consignee information, when shown, is not to conflict
with the consignee information in the transport document. However,
when a credit requires a transport document to be issued to order,
to the order of shipper, to order of issuing bank, to order of
nominated bank (or negotiating bank) or consigned to issuing bank,
a certificate of origin may show the consignee as any entity named in
the credit except the beneficiary. When a credit has been transferred,
the first beneficiary may be stated to be the consignee.
If the credit requires the transport doc. to be issued to order,
etc., the certificate of origin can be issued To Whom It May
Concern or To order to refer the consignee as any entity
named in the credit, including but without limitation to the buyer,
consignee, named applicant, even the beneficiary in case the
credit has been transferred. the discrepancy is not valid.
35.
36.
37. ISBP 745 A18.a: Documents commonly used in relation to the
transportation of goods, such as but not limited to, Delivery Note,
Delivery Order, Cargo Receipt, Forwarders Certificate of Receipt,
Forwarders Certificate of Shipment, Forwarders Certificate of
Transport, Forwarders Cargo Receipt and Mates Receipt are not
transport documents as defined in UCP 600 articles 19-25. These
documents are to be examined only to the extent expressly stated in
the credit, otherwise according to UCP 600 sub-article 14 (f).
UCP 600 Art 14.f: If a credit requires presentation of a document other
than a transport document, insurance document or commercial
invoice, without stipulating by whom the document is to be issued
or its data content, banks will accept the document as presented if

its content appears to fulfill the function of the required document and
otherwise complies with sub-article 14 (d).
Unless the credit clearly requires that the cargo receipt must
specify port of discharge, the discrepancy is not valid, especially
in case the credit asks for any Country K port(s) as the port of
discharge.
38.
39. UCP 600 Art 35: A bank assumes no liability or responsibility for the
consequences arising out of delay, loss in transit, mutilation or other
errors arising in the transmission of any messages or delivery of
letters or documents, when such messages, letters or documents
are transmitted or sent according to the requirements stated in the
credit, or when the bank may have taken the initiative in the choice of
the delivery service in the absence of such instructions in the credit.
The advice can be considered as sent by the advising bank,
however, not received by the beneficiary.
40. UCP 600 Art 2: Banking day means a day on which a bank is
regularly open at the place at which an act subject to these rules is to
be performed.
Bob's office is not open on Saturday and Sunday.
Sunday 6 July 2008 is not considered to be a banking day.
The presentation date will be the first following banking day
(Monday 7 July).
UCP 600 Art 16.d: The notice required in sub-article 16 (c) must be
given by telecommunication or, if that is not possible, by other
expeditious means no later than the close of the fifth banking day
following the day of presentation.
The notice of refusal was sent on the fifth banking day.
Q1: Dons demanded payment under the argument that the
notice of refusal was sent on the sixth banking day and the
discrepancies would be waived automatically under article 16 (f)
of UCP 600 is incorrect.
Q2: What should Don have done to claim payment?

41.
42.
43. UCP 600 Art 3: Branches of a bank in different countries are
considered to be separate banks.
Because the beneficiary presented them to the issuing banks
branch in Hong Kong and the expiry date was over when the
documents arrived the head office, the issuing bank will still not
honor the presentation.
44.
45. How would you determine a charter party bill of lading on its face?
ISBP 745:
G2. a. A transport document, however named, containing any
indication that it is subject to, or any reference to, a charter party is
deemed to be a charter party bill of lading.
b. A transport document, however named, indicating expressions such
as freight payable as per charter party dated (with or without
mentioning a date), or freight payable as per charter party, will be
an indication that it is subject to a charter party.
G3. A transport document, however named, containing a code name
or form name usually associated with a charter party bill of lading, for
example, Congenbill or Tanker Bill of Lading without any further
indication or reference to a charter party, is not by itself an indication
of, or reference to, a charter party.