field 39A

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Riga
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Joined: 08/23/2010
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Dear mates, I need your kind assistance regarding this situation, I’m a beneficiary of a letter of credit and I need to ship 10 more items. Considering that no additional conditions are stated in field 47A, and letter of credit don’t state any kind of variation related to quantities or unit prices. Could I consider that the ten more items are within variation stated in field 39A?  Could my Banker lift any kind of discrepancies?

For your guidance please see the most relevant fields 

Thanks in advance

Riga

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39A
05/05 45 A  Description of goods           QNTY     Unit PriceXXXX                                     1000        10,00  

47  No additional conditions stated of field 47 A 

Abrar
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Joined: 03/12/2009
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Tolerance

Others may have a view, but it appears that tolerance has only been applied to the LC value, but there is no indication that it is also to apply to the quantity.

Had the quantity been expressed as anything other than individual items (i.e weight or measurement), then you would have been able to exercise the provisions of sub-art 30 (b) of UCP600, which would have allowed you to ship up to an extra 5% in quantity (provided  the 105% of LC value was not overdrawn). But in this specific case, you cannot exercise this option, so would suggest that you request an amendment to allow the tolerance to also apply to the quantity.  Otherwise, the bank would be obliged to raise a discrepancy of overshipment of goods.  

This issue has recently been raised under this link:

http://letterofcreditforum.com/content/tolerance-1

  

Riga
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Joined: 08/23/2010
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Thanks a lot for your kind

Thanks a lot for your kind and quick response.