Presentaion of Documents after discrepancy

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naresh_arya
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Joined: 10/20/2015
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Dear Experts,

 

We are the beneficiary, we have submitted discrepant documents twice on the second presentation the only discrepancy pointed out by the applicant’s bank was “ source of incoterm no mentiones” i.e. we had mentioned “Ex-works” but not “Ex-works as per Incoterms 2010”. There is a clause in the LC that all typographical errors which do not affect the quality, quantity or price are acceptable.

 

My 1st question is whether the above discrepancy can be termed as Typographical error?

 

The LC presentation period mentioned is “duration of the credit”, lc maturity is December. The applicant’s bank is refusing to either accept the discrepancy as Typographical error and also refusing us to make a third presentation

 

My 2nd question is, weather the applicant’s bank can deny 3rd presentation even if we are well within the presentation period?

 

The only solution provided by the applicant’s bank is if the applicant is ready to waive off the discrepancy, to which the applicant has refused after repeated requests.      

 

pan
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Joined: 09/13/2007
Ehm......

Hi Friend,

not mentioning as per Incoterms 2010,is not a typographical mistake, in the terms of l/c you may present or represent

correct documents, normally not later than 21 days from transport document date and within the credit validity.

If you are in the presentation period , issuing bank must accept correct documents.

Other comments appreciated

Ciao

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