ISBP Para. 58 says the description of the goods, services or performance in the invoice must correspond with the description in the credit. So, if checked separately, the invoice is deemed to be complied with the credit. However, if cross-checked with other documents, the invoice is discrepant as it seems to some extent to be inconsistent with the bill of lading.
Notwithstanding my above analysis, I would accept the invoice.
This is a good question. Look at ISBP Paragraph 59 for yoru answer. it states that "The description of goods, services or performance in an invoice must reflect what has actually been shipped or provided." Therefore the term must show the actual port.
Be careful here, though, as the invoice may also show the port of loading in another location. In this case the invoice does show the actual term.
Presumably the issue is whether the B/L should show "any port in Japan" instead of "Tokyo, Japan"?
The invoice complies, although it would have been better practice to name the actual port of loading, i.e "FOB, Tokyo port, Japan".
The B/L complies. The LC allowed loading from any port within a region, and the B/L was specific as to the exact location within the region.
Quoting para. 100 of ISBP: " If a credit gives a geographical area or range of ports of loading or discharge (e.g., "Any European Port"), the bill of lading must indicate the actual port of loading or discharge, which must be within the geographical area or range stated in the credit."
INCOTERM
Invoice complies, but better practise is to put FOB named port.
Regards!!!!
Mujeeb :-)
Incoterms
Hi,
ISBP Para. 58 says the description of the goods, services or performance in the invoice must correspond with the description in the credit. So, if checked separately, the invoice is deemed to be complied with the credit. However, if cross-checked with other documents, the invoice is discrepant as it seems to some extent to be inconsistent with the bill of lading.
Notwithstanding my above analysis, I would accept the invoice.
Regards,
Nguyen Huu Duc
Incoterm any port
Hi Mark,
This is a good question. Look at ISBP Paragraph 59 for yoru answer. it states that "The description of goods, services or performance in an invoice must reflect what has actually been shipped or provided." Therefore the term must show the actual port.
Be careful here, though, as the invoice may also show the port of loading in another location. In this case the invoice does show the actual term.
I hope this helps out.
Best regards,
LC Sam
Incoterm
Presumably the issue is whether the B/L should show "any port in Japan" instead of "Tokyo, Japan"?
The invoice complies, although it would have been better practice to name the actual port of loading, i.e "FOB, Tokyo port, Japan".
The B/L complies. The LC allowed loading from any port within a region, and the B/L was specific as to the exact location within the region.
Quoting para. 100 of ISBP: " If a credit gives a geographical area or range of ports of loading or discharge (e.g., "Any European Port"), the bill of lading must indicate the actual port of loading or discharge, which must be within the geographical area or range stated in the credit."
Incoterm
Dear Abrar,
Yes I agree. However as stated above, it would have been better to state on the invoice FOB Tokyo, Japan.
Regards,
Bob