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1、Chapter 6Documents Related to International Settlement,6.1 Bills of Exchange(Drafts) Bill of exchange is evidence of an unconditional and abstract obligation to make payment. Following points should be checked before the negotiation and acceptance by the bank. (1)Number of the credit. (2)Issuing dat
2、e of the draft. (3)Consistence of the name between the drawer and the beneficiary: (4)The deadline of payment shall be exactly the same shown both by the draft and the credit. If it is a term draft (90 days after B/L, for instance), the issuing date of such documents (B/L, for example) shall be note
3、d on the draft. (5)The payer can be either the issuing bank or the reimbursing bank. (6)Amount (currency, figures and words). (7)Payee.,Specimen 6.1 A Draft,中华外贸学习网,1,Specimen 6.1 A Draft,中华外贸学习网,2,6.2 Commercial Invoices,(1)Names and addresses of companies should be the same as they are stated in t
4、he credits. Invoices of a transferable credit can be issued by the second beneficiary. (2)Drawees of invoices should be applicants and the address, if any, shall conform to the one in the credit. (3)A “Pro-forma” or “Provisional” invoice is not acceptable. (4)Description of the goods should be ident
5、ical to the one in the credit. General terms of goods can be used in other documents but with no contradiction to the credit. (5)Details of the goods, prices and terms as mentioned in the credit should be included in the invoice. The bank nevertheless is not responsible for any extension or calculat
6、ion. (6)Any other information indicated in the invoice, such as shipping marks, quantities, transportation information should be exactly the same as they are in the credit. (7)Value of the invoice should not exceed the available balance of the credit, unless otherwise stipulated in the credit or the
7、re is a tolerance clause. (8)The invoice should cover the complete shipment as required by the credit, if no partial shipment is allowed. (9)If signature of invoice is required by the credit, the invoice should be signed.,中华外贸学习网,3,6.3 Transportation Documents,6.3.1 Marine/Ocean Bills of Lading A Bi
8、ll of Lading is the most important transport document of a letter of credit. There are four main functions of B/L: (1)A Bill of Lading acts as a receipt of the goods from the shipping company to the exporter. When there is no indication of damage to the goods, a Bill of Lading is said to be clean. (
9、2)The Bill of Lading is an evidence of the contract for carriage between the exporter and the carrier. (3)A Bill of Lading is a quasi-negotiable document. Any transferee for value who takes possession of an endorsed Bill of Lading obtains a valid title to it, provided that the transferor had a valid
10、 title in the first place. (4)A Bill of Lading acts as a document of title to goods being shipped overseas. The goods will be released from the overseas port only against production of one of the original Bills of Lading.,中华外贸学习网,4,6.3.2 Key Points for the Examination of B/L,(1)Names (2)It must appe
11、ar on its face to indicate the name of the carrier no matter who issue them. (3)Issuers of B/L (4)Indication of “loaded on board” and “shipped on named vessel” (5)Loading Ports and Discharging Ports (6)Transshipment (7)The indication of “freight prepaid” (CFR/CIF) or “freight collect” (FOB) cost, as
12、 required by the terms of the credit, appears on its face. (8)The description of the goods does not contradict it in the invoice. (9)There is no unfavorable description of goods packing on the B/L. (10)The shipping date on the B/L is within the latest date of shipment stipulated by the credit. (11)T
13、he name and address, if any, of the notifying party is as required in the credit. (12)The consignor on the B/L complies with the credit. If there is no other contrary stipulation, it can be either the beneficiary or anyone other than him. (13)Correction seal shall be stamped where there is any corre
14、ction on the B/L.,中华外贸学习网,5,6.3.3 Non-Negotiable Seaway Bills,A non-negotiable seaway bills is a new transportation document arising with the development of update transportation and EDI (Electronic Data Interchange) system, which makes international trade gradually taken over by “electronic documen
15、ts”. Since problems such as “transfer of documents” and “assessment of original signature” still remain unsolved, it is now only employed in the transaction that does not need the transfer of title of the goods. Here are differences between the Ocean Bill of Lading and the non-negotiable seaway bill
16、: a. An Ocean Bill of Lading is title of the goods and is transferable after endorsement. A non-negotiable seaway bill is not title of the goods and may not be transferred. b. The consignee shall be indicated on the non-negotiable seaway bill and he may take delivery of goods with delivery advice and without non-negotiable seaway bill.,中华外贸学习网,6,6.3.4 Charter Party Bills of Lading,The Charter Party Bill of Lading is the contract signed between the shipper and the hirer (appli
