Letter of Credit Forum

hello everyone. arriving truck to the frontier, why reciever should notify buyer in a written arrival notice? being 'written' is what i want to know.

thanks

mohsen

phill doran replies:

Hello Mohsen

I am not sure if I understand your question correctly and I apologise up front if I have failed to do so.

In all such matters there is a logical sequence to follow:

Law
Contract
Custom

In your example: is there a law which requires that the seller must notify the buyer in writing? If not, then did they buyer request a written notification in the sales contract? If not, is it customary in that particular trade or country or mode of transport for sellers to pre-alert buyers in writing?

So you would need to look into these three steps first (and in the order given). Even if the answer is ‘no’ to all of the above, then you have the answer to your question.

As a general condition, it would be unusual to ask the seller to per-alert the buyer in writing, but general conditions do not cover every example.

I wish you well with this

Cheers
phill

moshen replies

hi doran. i mean that the reciever notify the buyer. such a alart must be a writing notification. why the reciever notify in a witten form?

phill doran replies

Hello Moshen
As I mention, there is no reason why it must be in writing – unless the law in that country says it must be or the contract terms between the parties says it must be.
If you have a copy of Incoterms to refer to, for example, generally the seller must always give the buyer notice, but it is not specified ‘how’ they provide that notice – e.g. it could be electronic.
I hope I am clear, but if not: please ask again.
Cheers
phill