Wednesday, May 28, 2008

UCP600(part5)

UCP 600 - Article 21
Non-Negotiable Sea Waybill
. A non-negotiable sea waybill, however named, must appear to:
i. indicate the name of the carrier and be signed by:
- The carrier or a named agent for or on behalf of the carrier,
or - the master or a named agent for or on behalf of the master.
Any signature by the carrier, master or agent must be identified as that of the carrier, master or agent. Any signature by an agent must indicate whether the agent has signed for or on behalf of the carrier or for or on behalf of the master.
ii. indicate that the goods have been shipped on board a named vessel at the port of loading stated in the credit by:
- pre-printed wording, or an on board notation indicating the date on which the goods have been shipped on board. The date of issuance of the non-negotiable sea waybill will be deemed to be the date of shipment unless the non-negotiable sea waybill contains an on board notation indicating the date of shipment, in which case the date stated in the on board notation will be deemed to be the date of shipment. If the non-negotiable sea waybill contains the indication "intended vessel" or similar qualification in relation
to the name of the vessel, an on board notation indicating the date of shipment and the name of the actual vessel is required.
iii. indicate shipment from the port of loading to the port of discharge stated in the credit.
If the non-negotiable sea waybill does not indicate the port of loading stated in the credit as the port of loading, or if it contains the indication "intended" or similar qualification in relation to the port of loading, an on board notation indicating the port of loading as stated in the credit, the date of shipment and the name of the vessel is required. This provision applies even when loading on board or shipment on a named vessel is indicated by pre-printed wording on the non-negotiable sea waybill.
iv. be the sole original non-negotiable sea waybill or, if issued in more than one original, be the full set as indicated on the non-negotiable sea waybill.
v. contain terms and conditions of carriage or make reference to another source containing the terms and conditions of carriage (short form or blank back non-negotiable sea waybill). Contents of terms and conditions of carriage will not be examined.
vi. contain no indication that it is subject to a charter party.
B For the purpose of this article, transhipment means unloading from one vessel and reloading to another vessel during the carriage from the port of loading to the port of discharge stated in the credit.
c.
i. A non-negotiable sea waybill may indicate that the goods will or may be transhipped provided that the entire carriage is covered by one and the same non-negotiable sea waybill.
ii. A non-negotiable sea waybill indicating that transhipment will or may take place is acceptable, even if the credit prohibits transhipment, if the goods have been shipped in a container, trailer or LASH barge as evidenced by the non-negotiable sea waybill.
D:Clauses in a non-negotiable sea waybill stating that the carrier reserves the right to tranship will be disregarded.
UCP 600 - Article 22
Charter Party Bill of Lading
A. A bill of lading, however named, containing an indication that it is subject to a charter party (charter
party bill of lading, must appear to:
i. be signed by:
the master or a named agent for or on behalf of the master, or
the owner or a named agent for or on behalf of the owner, or
the charterer or a named agent for or on behalf of the charterer.
Any signature by the master, owner, charterer or agent must be identified as that of the master, owner, charterer or agent. Any signature by an agent must indicate whether the agent has signed for or on behalf of the master, owner or charterer.
An agent signing for or on behalf of the owner or charterer must indicate the name of the owner or charterer.
ii. indicate that the goods have been shipped on board a named vessel at the port of loading stated in the
credit by:
- pre-printed wording, or
- an on board notation indicating the date on which the goods have been shipped on board.
The date of issuance of the charter party bill of lading will be deemed to be the date of shipment unless the
charter party bill of lading contains an on board notation indicating the date of shipment, in which case the
date stated in the on board notation will be deemed to be the date of shipment.
iii. indicate shipment from the port of loading to the port of discharge stated in the credit. The port of discharge may also be shown as a range of ports or a geographical area, as stated in the credit.
iv. be the sole original charter party bill of lading or, if issued in more than one original, be the full set as indicated on the charter party bill of lading.
b. A bank will not examine charter party contracts, even if they are required to be presented by the terms of the credit.
UCP 600 - Article 23
Air Transport Document
A. An air transport document, however named, must appear to:
i. indicate the name of the carrier and be signed by:
- the carrier, or
a named agent for or on behalf of the carrier.
Any signature by the carrier or agent must be identified as that of the carrier or agent.
Any signature by an agent must indicate that the agent has signed for or on behalf of the carrier.
ii.indicate that the goods have been accepted for carriage.
iii. indicate the date of issuance. This date will be deemed to be the date of shipment unless the air transport document contains a specific notation of the actual date of shipment, in which case the date stated in the notation will be deemed to be the date of shipment.
Any other information appearing on the air transport document relative to the flight number and date will not be considered in determining the date of shipment.
iv. indicate the airport of departure and the airport of destination stated in the credit.
v. be the original for consignor or shipper, even if the credit stipulates a full set of originals.
vi. contain terms and conditions of carriage or make reference to another source containing the terms and conditions of carriage. Contents of terms and conditions of carriage will not be examined.
B. For the purpose of this article, transhipment means unloading from one aircraft and reloading to another aircraft during the carriage from the airport of departure to the airport of destination stated in the credit.
c.
i. An air transport document may indicate that the goods will or may be transhipped, provided that the
entire carriage is covered by one and the same air transport document.
ii. An air transport document indicating that transhipment will or may take place is acceptable, even if the
credit prohibits transhipment.
UCP 600 - Article 24
Road, Rail or Inland Waterway Transport Documents
A. A road, rail or inland waterway transport document, however named, must appear to:
i. indicate the name of the carrier and:
- be signed by the carrier or a named agent for or on behalf of the carrier, or
- indicate receipt of the goods by signature, stamp or notation by the carrier or a named agent for or on
behalf of the carrier.
Any signature, stamp or notation of receipt of the goods by the carrier or agent must be identified as that of
the carrier or agent.
Any signature, stamp or notation of receipt of the goods by the agent must indicate that the agent has
signed or acted for or on behalf of the carrier.
If a rail transport document does not identify the carrier, any signature or stamp of the railway company will
be accepted as evidence of the document being signed by the carrier.
ii. indicate the date of shipment or the date the goods have been received for shipment, dispatch or carriage
at the place stated in the credit. Unless the transport document contains a dated reception stamp, an
indication of the date of receipt or a date of shipment, the date of issuance of the transport document will be
deemed to be the date of shipment.
iii. indicate the place of shipment and the place of destination stated in the credit.
B.
i. A road transport document must appear to be the original for consignor or shipper or bear no marking
indicating for whom the document has been prepared.
ii. A rail transport document marked "duplicate" will be accepted as an original.
iii. A rail or inland waterway transport document will be accepted as an original whether marked as an
original or not.
C. In the absence of an indication on the transport document as to the number of originals issued, the
number presented will be deemed to constitute a full set.
D. For the purpose of this article, transhipment means unloading from one means of conveyance and
reloading to another means of conveyance, within the same mode of transport, during the carriage from the
place of shipment, dispatch or carriage to the place of destination stated in the credit.
e.
i. A road, rail or inland waterway transport document may indicate that the goods will or may be
transhipped provided that the entire carriage is covered by one and the same transport document.
ii. A road, rail or inland waterway transport document indicating that transhipment will or may take place is
acceptable, even if the credit prohibits transhipment.
UCP 600 - Article 25
Courier Receipt, Post Receipt or Certificate of Posting
B. A courier receipt, however named, evidencing receipt of goods for transport, must appear to:
i. indicate the name of the courier service and be stamped or signed by the named courier service at the
place from which the credit states the goods are to be shipped; and
ii. indicate a date of pick-up or of receipt or wording to this effect. This date will be deemed to be the date of shipment.
B. A requirement that courier charges are to be paid or prepaid may be satisfied by a transport document issued by a courier service evidencing that courier charges are for the account of a party other than the consignee.
C. A post receipt or certificate of posting, however named, evidencing receipt of goods for transport, must appear to be stamped or signed and dated at the place from which the credit states the goods are to be shipped. This date will be deemed to be the date of shipment.