Article 12. Incomplete or Unclear Instructions
If incomplete or unclear instructions are received to advise, confirm of amend a Credit, the bank requested to act on such instructions may give preliminary notification to the Beneficiary for information only and without responsibility. This preliminary notification should state clearly that the notification is provided for information only and without the responsibility oif the Advising Bank. In any event, the Advising Bank must inform the Issuing Bank of the action taken and request it to provide the necessary informatioin.
The Issuing Bank must provide the necessary information without delay. The Credit will be advised, confirmed or amended, only when complete and clear instructions have been received and if the Advising Bank is then prepared to act on the instructions.
C. LIABILITIES AND RESPONSIBILITIES
Article 13. Standard for Examination of ***uments
a. Banks must examine all ***uments stipulated in the Credit with reasonable care, to ascertain whether or not they appear, on their face, to be in compliance with the terms and conditions of the Credit. Compliance of the stipulated ***uments on their face with the terms and conditions of the Credit, shall be determined by international standard banking practice as reflected in these Articles. ***uments which appear on their face to be inconsistent with one another will be considered as not appearing on their face to be in compliance with the terms and conditions of the Credit.
***uments not stipulated in the Credit will not be examined by banks. If they receive such ***uments, they shall return them to the presenter or pass them on without responsibility.
b. The Issuing Bank, the Confirming Bank, if any, or a Nominated Bank acting on their behalf, shall each have a reasonable time, not to exceed seven banking days following the day of receipt of the ***uments, to examine the ***uments and determine whether to take up or refuse the ***uments and to inform the party from which it received the ***uments accordingly.
c. If a Credit contains conditions without stating the ***ument(s) to be presented in compliance therewith, banks will deem such conditions as not stated and will disregard them.
Article 14. Discrepant ***uments and Notice
a. When the Issuing Bank authorises another bank to pay, incur a deferred payment undertaking, accept Draft(s), or negotiate against ***uments which appear on their face to be in compliance with the terms and conditions of the Credit, the Issuing Bank and the Confirming Bank, if any, are bound:
i) to reimburse the Nominated Bank which has paid, incurred a deferred payment undertaking, accepted Draft(s), or negotiated,
ii) to take up the ***uments.
b. Upon receipt of the ***uments the Issuing Bank and/or Confirming Bank, if any, or a Nominated Bank acting on their behalf, must determine on the basis of the ***uments alone whether or not they appear on their face to be in compliance with the terms and conditions of the Credit. If the ***uments appear on their face not to be in compliance with the terms and conditions of the Credit, such banks may refuse to take up the ***uments.
c. If the Issuing Bank determines that the ***uments appear on their face not to be in compliance with the terms and conditions of the Credit, it may in its sole judgment approach the Applicant for a waiver of the discrepancy(ies). This does not, however, extend the period mentioned in sub-Article 13(b).
d. i) If the Issuing Bank and/or Confirming Bank, if any, or a Nominated Bank acting on their behalf, decides to refuse the ***uments, it must give notice to that effect by telecommunication or, if that is not possible, by other expeditious means, without delay but no later than the close of the seventh banking day following the day of receipt of the ***uments. Such notice shall be given to the bank from which it received the ***uments, or to the Beneficiary, if it received the ***uments directly from him.
ii) Such notice must state all discrepancies in respect of which the bank refuses the ***uments and must also state whether it is holding the ***uments at the disposal of, or is returning them to, the presenter.
iii) The Issuing Bank and/or Confirming Bank, if any, shall then be entitled to claim from the remitting bank refund, with interest, of any reimbursement which has been made to that bank.
e. If the Issuing Bank and/or Confirming Bank, if any, fails to act in accordance with the provisions of this Article and/or fails to hold the ***uments at the disposal of, or return them to the presenter, the Issuing Bank and/or Confirming Bank, if any, shall be precluded from claiming that the ***uments are not in compliance with the terms and conditions of the Credit.
f. If the remitting bank draws the attention of the Issuing and/or Confirming Bank, if any, to any discrepancy(ies) in the ***ument(s) or advises such banks that it has paid, incurred a deferred payment undertaking, accepted Draft(s) or negotiated under reserve or against an indemnity in respect of such discrepancy(ies), the Issuing Bank and/or Confirming Bank, if any, shall not be therebu relieved from any of their obligations under any provision of this Article. Such reserve or indemnity concerns only the relations between the remitting bank and the party towards whom the reserve was made, or from whom, or on whose behalf, the indemnity was obtained.
Article 15. Disclaimer on Effectiveness of ***uments
Banks assume no liability or responsibility for the form, sufficiency, accu racy, genuineness, falsification or legal effect of any ***ument(s), or for the general and/or particular conditions stipulated in the ***ument(s) or superimposed thereon; nor do they assume any liability or responsibility for the description, quantity, weight, quality, condition, packing, delivery, value or existence of the goods represented by any ***ument(s), or for the good faith or acts and/or omissions, solvency, performance or standing of the consignors, the carriers, the forwarders, the consignees or the insurers of the goods, or any other person whomsover.
Article 16. Disclaimer on the Transmission of Messages
Banks assume no liability or responsibility for the consequences arising out of delay and/or loss in transit of any message(s), letter(s) or ***ument(s), or for delay, multilation or other error(s) arising in the transmission of any telecommunication. Banks assume no liability or responsibility for errors in translation and/or interpretation of technical terms, and reserve the right to transmit Credit terms without translating them.
Article 17. Force Maieure
Banks assume no liability or responsibility for the consequences arising out of the interruption of their business by Acts of God, riots, civil commotions, insurrections, wars or any other causes beyond their control, or by any strikes or lockouts. Unless specifically authorised, banks will not, upon resumption of their business, pay, incur a deferred payment undertaking, accept Draft(s) or negotiate under Credits which expired during such interruption of their business.
Article 18. Disclaimer for Acts of in Instructed Party
a. Banks utilizing the services of another bank or other banks for the purpose of giving effect to the instructions of the Applicant do so for the account and at the risk of such Applicant.
b. Banks assume no liability or responsibility should the instructions they transmit not be carried out, even if they have themselves taken the initiative in the choice of such other bank(s),
c. i) A party instructing another party ot perform services is liable for any charges, including commissions, fees, costs or expenses incurred by the instructed party in connections with its instructions.
ii) Where a Credit stipulates that such charges are for the account of a party other than the instructing party, and charges cannot be collected, the instructing party remains ultimately liable for the payment thereof.
d. The Applicant shall be bound by and liable to indemnify the banks against all obligations and responsibilities imposed by foreign laws and usuages.
Article 19. Bank-to-Bank Reimbursement Arrangementsl
a. If an Issuing Bank intends that the reimbursement to which a paying, accepting or negotiating bank is entitled, shall be obtained by such bank (the"Claiming Bank"), claiming on another party (the"Reimbursing Bank"), it shall provide such Reimbursing Bank in good time with the proper instructions or authorisation to honour such reimbursement claims.
b. Issuing Banks shall not require a Claiming Bank to supply a certificate of compliance with the terms and conditions of the Credit to the Reimbursing Bank.
c. An Issuing Bank shall not be relieved from any of its obligations to provide reimbursement if and when reimbursement is not received by the Claiming Bank from the Reimbursing Bank.
d. The Issuing Bank shall be responsible to the Claiming Bank for any loss of interest if reimbursement is not provided by the Reimbursing Bank on first demand, or as otherwise specified in the Credit, or mutually agreed, as the case may be.
e. The reimbursing Bank's charges should be for the account of the Issuing Bank. However, in cases where the charges are for the account of another party, it is the responsibility of the Issuing Banks to so indicate in the original Credit and in the reimbursement authorisation. In cases where the Reimbursing Bank's charges are for the account of another party they shall be collected from the Claiming Bank when the Credit is drawn under. In cases where the Credit is not drawn under, the Reimbursing Bank's charges remain the obligation of the Issuing Bank.
D. ***UMENTS
Article 20. Ambiguity as to the Issuers of ***uments
a. Terms such as "first class," "well known," "qualified," "independent," "official," "competent," "local" and the like, shall not be used to describe the issuers of any ***ument(s) to be presented under a Credit. If such terms are incorporated in the Credit, banks will accept the relative ***ument(s) as presented, provided that it appears on its face to be in compliance with the other terms and conditions of the Credit and not to have been issued by the Beneficiary.
b. Unless otherwise stipulated in the Credit, banks will also accept as an original ***ument(s), a ***ument(s) produced or appearing to have been produced:
i) by reprographic, automated or computerized systems;
ii) as carbon copies;
provided that it is marked as original and, where necessary, appears to be signed. A ***ument may be signed by handwriting, by facsi mile signature, by perforated signature, by stamp, by symbol, or by any other mechanical or electronic method of authentication.
c. i) Unless otherwise stipulated in the Credit, banks will accept as a copy ties), a ***ument(s) either labelled copy or not marked as an original-a copy(ies) need not be signed.
ii) Credits that require multiple ***ument(s) such as "duplicate," "two fold," "two copies" and the like, will be satisfied by the presentation of one original and the remaining number in copies except where the ***ument itself indicates otherwise.
d. Unless otherwise stipulated in the Credit, a condition under a Credit calling for a ***ument to be authenticated, validated, legalized, visaed, certified or indicating a similar requirement, will be satisfied by any signature, mark, stamp or label on such ***ument that on its face appears to satisfy the above condition.
Article 21. Unspecified Issuers or Contents of ***uments
When ***uments other than transport ***uments, insurance ***uments and commercial invoices are called for, the Credit should stipulate by whom such ***uments are to be issued and their wording or data content. If the Credit does not so stipulate, banks will accept such ***uments as presented, provided that their data content is not inconsistent with any other stipulated ***ument presented.
Article 22. Issuance Date of ***uments v. Credit Date
Unless otherwise stipulated in the Credit, banks will accept a ***ument bearing a date of issuance prior to that of the Credit, subject to such ***ument being presented within the time limits set out in the Credit and in these Articles.
Article 23. Marine/Ocean Bill of Lading
a. If a Credit calls for a bill of lading covering a port-to-port shipment, banks will, unless otherwise stipulated in the Credit, accept a ***ument, however named, which:
i) appears on its face to indicate the name of the carrier and to have been signed or otherwise authenticated by:
- the carrier or a named agent for or on behalf of the carrier, or
- the master or a named agent for or on behalf of the master.
Any signature or authentication of the carrier or master must be identified as carrier or master, as the case may be. An agent signing or authenticating for the carrier or master must also indicate the name and the capacity of the paryt, i.e. carrier or master, on whose behalf that agent is acting, and
ii) indicates that the goods have been loaded on board, or shipped on a named vessel. Loading on board or shipment on a named vessel may be indicated by pre-printed wording on the bill of lading that the goods have been loaded on board a named vessel or shipped on a named vessel, in which case the date of issuance of the bill of lading will be deemed to be the date of loading on board and the date of shipment. In all other cases loading on board a named vessel must be evidenced by a notation on the bill of lading which gives the date on which the goods have been loaded on board, in which case the date of the on board notation will be deemed to be the date of shipment. If the bill of lading contains the indication "intended vessel," or similar qualification in relation to the vessel, loading on board a named vessel must be evidenced by an on board notation on the bill of lading which, in addition to the date on which the goods have been loaded on board, also includes the name of the vessel on which the goods have been loaded, even if they have been loaded on the vessel named as the "intended vessel". If the bill of lading indicates a place of receipt or taking in charge different from the port of loading, the on board notation must also include the port of loading stipulated in the Credit and the name of the vessel on which the goods have been loaded, even if they have been loaded on the vessel named in the bill of lading. This provision also applies whenever loading on board the vessel is indicated by pre-printed wording on the bill of lading, and
iii) indicates the port of loading and the port of discharge stipulated in the credit, notwithstanding that it:
(a) indicates a place of taking in charge different from the port of loading, and/or a place of final destination different from the port of discharge, and/or
(b) contains the indication "intended" or similar qualification in relation to the port of loading and/or port of discharge, as long as the ***ument also states the ports of loading and/or discharge stipulated in the Credit, and
iv) consists of a sole original bill of lading, or if issued in more than one original, the full set as so issued, and
v) appears to contain all of the terms and conditions of carriage, or some of such terms and conditions by reference to a source or ***ument other than the bill of lading(short form/blank back bill of lading), banks will not examine the contents of such terms and conditions, and
vi) contains no indication that it is subject to a charter party and/or no indication that the carrying vessel is propelled by sail only, and
vii) in all other respects meets the stipulations of the Credit.
b. For the purpose of this Article, transhipment means unloading and reloading from one vessel to anoth
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发帖时间 - 2005/6/13 13:43:48