Adding confirmation to a deferred payment L/C.

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wuhu73
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Joined: 03/03/2009
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Our Bank decides to add confirmation to a deferred payment L/C. As the confirmation bank, we are nominated as the presenting bank.  We understand that once our confirmation is added our undertaking would be extended to the final payment of the Issuing Bank according to the terms of the L/C against presentation of compliant documents.   What about, if discrepant documents are presented, but Issuing Bank would like to take up the documents discregard discrepancy?   Can our bank be at liberty to elect to reject the documents at our side and terminate our confirmation due to discrepancy?  Of course, we will be acting to pay the Beneficiary upon receipt of fund from the Issuing Bank at the maturity of payment.

Your professional opionion are highly apprciated.  Thank you.

 

pan
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Joined: 09/13/2007
Discrepant documents accepted by the issuing bank

Hi Friend,

Art 8 UCP speaks of compliant presentation only, if your bank will accept to continue its undertaking on documents that have been accepted by the issuing bank, it can do, but it is not compelled to do so, under a previour agreement to confirm the l/c.

However, I think that confirming bank will not refuse to extend its undertaking to the  l/c, but it is free to agree or not.

Other comments appreciated

Ciao

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