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Does the presentaion discrepant...?

Tue, 07/08/2008 - 00:24 — avash

Hi friends,

Letter of Credit calls for "Computers, Printers, DVD players, TVs, Cameras and compuer accessories as per order no. 123 dated 01.07.2008  Quantity: 28 packs,  39 units,  120 boxes"  

Credit Value: USD 25,000.00  

Credit amt. tolerence pct.: plus/ minus 5   

Partical shipment: Allowed

Invoice Raised as: "Computers, Printers, DVD players, TVs, Cameras and compuer accessories as per order no. 123 dated 01.07.2008

Quantity: 10 packs,  45 units,  120 boxes"

Invoice raised for: USD 20,000.00

I would like to seek your your valuable advise- that does this presentation discrepant....?

Please note that there is short shipment in packs and overshipment in units but total value calimed is less than the credit amount. Please suggest me in elaborative form referring relevent UCP/ISBP articles.

PS: the credit does not show the details of each units called for and their respective unit prices.  

Regards,

Avash

‹ How do I tell if the cargo is shipped on deck by looking at the B/L? LC discrepancies problem ›
Tue, 07/08/2008 - 02:30 — Armagedo

Hi! IMHO, presentation is

Hi!

IMHO, presentation is discrepant.

From the description of goods I understand that TOTAL QUANTITY to be covered by "28 packs,  39 units,  120 boxes".

Shipped are 45 units inspite of 39 ordered - here is discrepancy.

If there were less or equal quantities - there would not be a discrepancy - since partial shipments allowed.

For example "27 packs, 39 units, 120 packs" with value 20'000USD would be acceptable and, as far as no unit prices indicated, one would expect that remainder of 1 pack will cover LC balance.

Good luck

 

Wed, 07/09/2008 - 00:14 — avash

Again would it be discrepant, if.....?

DEAR Armagedo and Friends,

Thanks for the quick reply-Armagedo

Adding to my previous questions, Would it be again discrepant if shipment had been made for USD 26,000.00 (which is within the 5 pct tol.)  and invoice raised accordingly showing quantity as "28 packs,  45 units, 120 boxes" ...?

What I would like to reiteriate here is that -Can't here be argued that  the over shipped quantity of 6 units is  for covering additional amounts of USD 1000.00....??  

 

Thanks in advance

Avash

 

Wed, 07/09/2008 - 05:00 — Armagedo

Hi! It will be discrepant

Hi!

It will be discrepant in any case.

Asked were 39 units and not 45. Delivered are 6 units more.

Who have ordered them?

Moreover, as far as no tolerances for quantity are stated, then

UCP Artivcle 30(b) "A tolerance not to exceed 5% more or 5% less than the quantity of the goods is allowed, provided the credit does not state the quantity in terms of a stipulated number of packing units or individual items and the total amount of the drawings does not exceed the amount of the credit."

Which means that PLUS tolerance IN QUANTITY is not allowed.

Good luck