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Depending on how you analyze this, it can be understood that the total number of varieties and the total number does not exceed 10%, or it can be understood that the total number does not exceed 10%. Since l c is not stipulated, it depends on how to refute the discrepancies raised by the other party.
When "approximately" or "approximately" is used for the amount of the letter of credit or the quantity or unit price specified in the letter of credit, it shall be construed as allowing for an increase or decrease of not more than 10 per cent in the amount or quantity or unit price in question.
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39A is the amount of your L C can fluctuate up and down by 10%, and it cannot be linked to your goods. If your cargo description is not allowed to fluctuate by a few percent, it is definitely a discrepancy.
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10% of the overfill is 10% of the total
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Occupancy limit for each issuance: L/C amount + allowable overflow amount.
After the acceptance of the letter of credit is completed, the book can be closed, and the unused overflow part of the quota can be released.
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Item 39a should only fluctuate for the total amount, and the unit price must not be allowed to fluctuate.
In addition, please check carefully whether there is a clause that stipulates that the number can be floated. If your product is measured in pieces and the letter of credit does not mention spillable short packs, then your quantity cannot be changed.
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Since the item specified in this article is the quantity, the amount can be floated by 10%, and there is no provision that the unit price of the product can be floated, then the unit price of the product cannot be floated by 10% - the floating does not allow the floating content, which is a violation of the provisions of the letter of credit, that is, the manufacture of discrepancies.
Therefore, if there is no provision that the unit price of the product can be floated, then the unit price of the product cannot be floated.
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The unit price is not allowed, that is to say, you can send less or more than 10% of the goods (generally calculated by the total value).
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There is no unit price involved in the LC certificate. It is 10% of the total value and quantity
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1. In this case, Nantong Company's understanding of the overflow and short-loading clause was incorrect: if the L/C did not stipulate the overflow and short-loading clause, then the goods counted in pieces, units or packaging units could not be overloaded or short-packed, otherwise the quantity would not be in accordance with the provisions of the L/C. Only for bulk goods that are counted by weight, the practice of the letter of credit allows for a 5% overfill and shortage, and the amount of the shortfall in the vertical check does not exceed the amount of the letter of credit. Therefore, in this case, Nantong Company's understanding of the spillage clause was incorrect.
Arguments. 2. The reason for the refusal of the issuing bank is established - because the L/C does not stipulate the terms of overflow and short-loading, and the L/C does not stipulate that it allows delivery in batches, the issuing bank refuses to pay the documents whose quantity does not meet the requirements of the L/C, and the reason is valid.
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Yi short outfit: A concept in the international trade of eggplant vertical rolling mu is trembling large.
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If the letter of credit only stipulates the floating range of the total amount and does not specify the quantity of specific goods, then, whether it is overflow or short, as long as the total amount of settlement is within the allowable floating range of the total amount specified in the letter of credit, there is no problem.
If the letter of credit specifies a specific quantity, but does not specify the quantity of overfilling, then the quantity of overfilling is not allowed. Therefore, it is recommended that you immediately contact the applicant to modify the letter of credit, that is, the quantity of the goods is allowed to be 10% overloaded, or directly change the quantity to the quantity you have already shipped, so as to ensure that the provisions of the letter of credit can be reviewed and the foreign exchange can be collected safely.
Don't let the applicant make a promise to accept the inconsistency, which is unreliable, that is, the document does not match will be directly rejected by the issuing bank, at this time the letter of credit is invalid, from the letter of credit to D p, then, whether the customer pays the ransom bill, completely depends on the customer's face, at that time the customer does not pay or asks for a price reduction, is not to give people a handle, passive beating?
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If it is a cargo priced according to weight or length, or volume, liquid volume, etc., short packaging is allowed as long as it does not exceed 5%.
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Since you do not stipulate the quantity of overloading and shorting, then unless the quantity of your loading is consistent with the provisions of the letter of credit, it is considered to be a discrepancy.
You are now short-loaded, and it is definitely not compliant, so contact the foreign party as soon as possible to ask the other party to modify the letter of credit, and change it to a 10% fluctuation in quantity and amount; If the other party is unwilling to change, tell the other party to accept the discrepancies, and when the documents are handed over to the notification bank, call the non-consistencies first and let the other party accept them!
However, it is recommended to modify the letter of credit, which is more safe, if you have a better relationship with foreign customers, you can also negotiate to let the other party accept the discrepancies!
Directly ask the other party to modify the letter of credit and change 900 boxes to 821 boxes!
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39a 0 5 means that the amount of the letter of credit cannot be increased, but it can be reduced by less than 5%.
However, whether the quantity can be fluctuated depends on the specific situation. Please check if there is a clause that allows the number to be varied. If there is a corresponding short-loading clause, of course, the quantity can be lowered accordingly.
If there is no overloading clause, but your goods are not specified in terms of the number of packing units or the number of goods themselves, the quantity is also allowed to be reduced by 5%; If the quantity of goods is specified by the number of pieces or pieces, but the letter of credit allows the goods to be shipped in batches, it is no problem to pack them less. If none of the above conditions are met, you can't install less.
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Clause 39a of the letter of credit refers to the fluctuation of the amount of the letter of credit, 0 5 means: it is not allowed to float, but it is allowed to float within 5%.
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39a is the increase or decrease in the prescribed amount, and 0 5 should be the allowable reduction of five per cent.
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In order to avoid unnecessary troubles, both parties will generally stipulate the quantity of overloading and shortening in advance - "the overloading clause of the contract" For example: shipping 100 tons of soybeans, 10% of the overload and short-loading The seller can load 90-110 tons, which is within a reasonable range But it should be noted that the total amount after shipment cannot exceed the amount specified in l c.
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The total amount can be increased or decreased, and the quantity can be increased or decreased accordingly. Although most letters of credit stipulate the increase or decrease range, they are generally not allowed to be greater than the total amount, that is, they can only be reduced, and cannot exceed the total amount.
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