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UCP comparison Part 6 - Articles 29-33

15/04/2016

Article 29 - Extension

UCP 82, article 40, contained a rule regarding the expiry date falling on a non-banking day that is not too dissimilar from that which appears in UCP 600 sub-articles 29 (a) and (c). It stated "When the stipulated expiry date falls on a Sunday or legal or local holiday, or upon any holiday recognized as such by the Banks, the last day of the period of validity will be extended until the first following business day. This does not apply to the last day for shipment which must be respected whatever the day."

UCP 222, article 37, was the first set of rules to incorporate the caveat of banks being closed "for reasons other than those mentioned in article 11"; article 11 being the force majeure article. These rules also included the first reference to banks being required to certify that presentation was made in accordance with this rule, where such presentation occurred on that extended expiry date.

UCP 290, 400 and 500 also contained a rule that if there was no latest shipment date in the credit, and the expiry date was extended to the next banking day, the latest shipment date would remain as the original expiry date.

Although such text is not incorporated into UCP 600, the same position would prevail as article 29 only refers to the extension of the expiry date.

 

Article 30 - Tolerance

UCP 82, article 35, covered "About", "Circa" or Similar Terms. Its text provided the forerunner to UCP 600 sub-articles 30 (a) and (b). It stated "These terms to be construed as allowing a difference not to exceed 10% more or less applicable, according to their place in the instructions or letters of credit, to the amount of the credit, or to the quantity or unit price of the goods. When the goods, by their nature, do not allow the delivery of the exact quantity indicated - as, for instance, oil in barrels, ore in bulk, chemicals in bulk or in cylinders, a difference of 3% more or less will be allowed, even if the terms of the credit call for a fixed weight or measurement."

UCP 222 added to the second paragraph "always provided that the total amount of the drawings does not exceed the amount of the credit." It also added "This tolerance does not apply when the credit specifies a quantity in terms of packing units or containers or individual items."

In UCP 400, sub-article 43 (b), the tolerance was increased from plus/minus 3% to plus/minus 5% and removed reference to "containers".

UCP 500, sub-article 39 (c) introduced the first reference to a tolerance of 5% less in the amount of the drawing being permissible.

 

Article 31 - Partial drawings or shipments

UCP 82, article 36, contained a very abrupt rule for partial shipments - "Banks may refuse to pay for partial shipments if they think it is advisable"!

The rule in UCP 151, article 36, went to a further extreme - "Unless otherwise expressly stipulated, Banks may pay, accept or negotiate for partial shipments, even though the credit mentions the name of a vessel and when partial shipment is made by that vessel."

UCP 222, article 33, saw the introduction of a more logical rule - "Partial shipments are allowed, unless the credit specifically states otherwise. Shipments made on the same ship and for the same voyage, even if the Bills of Lading evidencing shipment "on board" bear different dates, will not be regarded as partial shipments."

UCP 400, sub-article 44 (c) contained the first reference to what is now sub-article 31 (c) governing shipments by courier or post. It also made the first reference to ‘partial drawings' being acceptable unless the credit stated otherwise.

The text of UCP 500, article 40, provided the basis for what appears in UCP 600, article 31.

 

Article 32 - Instalment drawings or shipments

UCP 82, article 37, stated "If shipment by instalments within given periods is specified, each instalment shall be treated as a separate transaction. The instalment not shipped within a given period cannot be added to subsequent shipments and is considered as ipso facto cancelled. Banks may, however, pay against documents for subsequent shipments provided they are made within the given periods."

UCP 222, article 34, introduced the first reference to a credit ceasing to be available for that or any subsequent instalment where an instalment is not made with the period allowed for it.

UCP 400, article 45, added reference to drawings by instalments.

 

Article 33 - Hours of presentation

UCP 82, article 44, contains a rule that is essentially what appears today in UCP 600, article 33 - "Banks are under no obligation to accept documents outside their banking hours."

The insertion of "a presentation" in lieu of "documents" being the existing material change.

 

 

 

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