I have a situation where I received from my supplier a Certificate of Origin issued by a chamber of invoice. However the certificate of origin reflects a invoice number which would differ from the one in my commerical invoice. Would it be a discrepency if I submit the documents for negotation?
It is a discrepancy!
As per my experience, most banker will quote it as a discrepancy. That's why I always request my customer to add this clause on their LC "Certificate of Origin, Export Licence and Certificate of Origin Form A (if applicable) showing exporter, shipping route, shipping date, invoice number and date differ from other documents are acceptable." to avoid discrepancy.
Hope it can help you!
Hi! It is constant
Hi!
It is constant dificulcy with this invoice number in CO.
CO is issued basing on the information of the REAL exporter of the goods and not the first or consequent buyers/middlemen.
That's why I always asking not to state anything in that box - neither invoice nos, nor Bs/L nos etc...
What I would suppose to do is:
1/ To issue an invoice with the same number.
But You didn't state whether date of invoice is indicated too.
If Yes then such an invoice from You to be dated with the same date.
OR
2/ to make references in invoice making documents interconnected.
Exporter: the party stated in CO
Exporter's invoice number referred in CO: XXXX dd YYYY
It is for extra-insurance, but this doesn't break requirements to invoice (if other is not stated in LC, text of which is unknown for us)
In any case your applicant will see who is the exporter when he will get CO.
All above is IMHO and I would recommend to talk to your bank.
At least my bankers provide us such a possibity - I make drafts all of the docs required, send to them for pre-check and then follow their recomendations.
With some of our bank such a pre-check is free of charge, with other it cost someting like 200-300USD for such a service.
Good luck
200 to 300 USD for a pre-check!
Gosh! That's paradise! I won't get more than USD 100 - 150!
Like Smmujeeb already said, under a transferable L/C it is okay (it's best to indicate the transferee and that a tranfer has taken place (if so ) in the presentation letter - some banks even ask for it!).
Under a non-transferable L/C I would see it as a discrepancy.
Your chamber of commerce (I guess that's what you also meant??!) might give you a fresh C/O with your company and invoice numbers as a replacement.
In view of art. 38 of UCP 600, this would not be okay under a transferable L/C.
-Each long journey starts with a small step-
Best regards
Frammi
Transferable or not.......
If it is transferred, then no need to pick it as a disp....
there are some banks, who are not picking it as a disp even if it is not transferable....
We are also not picking it as a discrepancy..
Experts comments plz.
TA585rev
Hi !
According to ICC Opinion TA585rev, it mentions
Quote:
Query 1:
A certificate of origin mentions the number and date of the invoice of the other party rather than the invoice number and date as stated on the presented invoice of the beneficiary. In this situation, we do not consider the document to be inconsistent with the other presented documents and consequently not discrepant for that reason. Furthermore, any other reference pertaining to the other party (such as the other party's contract number, etc.), in addition to the invoice number and date, will not make the document discrepant. Do you endorse our opinion?
Conclusion
Where a party shown as the consignor is different from the beneficiary, it would not be unreasonable to receive a certificate of origin that provides reference to an invoice number and date that is not consistent with the invoice presented by the beneficiary, provided the other data complies with that in the credit and in other documents. Your opinion is correct.
Unquote
Hope it may help!
V.V.