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documentary credit
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what?
- method of providing payment
- stipulated documents
- security of payment
- financing of the importation to the benefit of the buyer
- smooth flow of internantional trade
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principle of autonomy
- independent of the underlying contract
- unaffected by disputes in the contract
- terms of credit and contents of documents
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reason
- hold up smooth running of international trade
- onerous investigations
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so?
- form of documents not underlying facts
- no need to speculate about the underlying facts
- make payment when presented with genuine documents specified in LC
- goods not of the quality contracted for
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Banks
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Issuing bank
- issues LC
- authorises anothe bank to negotiate against stipulated documents being tendered
- make payment to beneficiary provided terms and conditions of credit are complied with
- undertaking of payment by itself or via another bank (drawee bank)
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confirming bank
- upon authorisation or request by issuing bank, this bank add its confirmation to the credit.
- confirmed irrevocable letter of credit
- hence same obligations to make payments to the beneficiary as the issuing bank
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advising bank
- credit maybe advised to beneficiary by this bank.
- bank has to take reasonable care to check the authenticity of the credit
- does not engage itself to pay
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nominated bank
- authorised by issuing bank to pay or negotiate
- nominated bank is confirming bank
- confirming bank in 1 country, but another bank to negotiate in another country
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incoterms 2000
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what?
- eliminating uncertainties
- encountered in the different interpretations of the trade terms prevailing in the respective countries where the parties conduct their businesses
- trade practices vary
- incoterms not binding unless expressly incorporated by parties into a contract.
- done by means of a clause in the contract
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how?
- list of duties, include in sales contract not exhaustive
- may vary and supplement to adapt the terms to particular transaction they wish to carry out
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main coverage
- respective rights and obligations of buyer and seller
- expenses arising out of the transaction in performance of the contract
- risks and insurance coverage
- shipment of cargo to a specified destination
- location of delivery of the goods by the seller at the port of shipment\origin
- contingencies ( in the absence of nomination or notice by buyer )
- transport documents
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FOB and CIF
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FOB
- goods placed on board the ship by seller at port of SHIPMENT
- risk transferred to buyer when goods pass over ship's rail
- seller bears all cost and risks of conveyance up to the ship's rail
- buyer pays the rest of the transit costs, sea freight and insurance.
- buyer nominates ship
- seller takes reasonable action if information not provided
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CIF
- seller pays all costs, freight and insurance necessary to bring goods to named port of destination
- risk is transferred to buyer when goods pass over the ship's rail
- seller procures marine insurance against common risks during the carriage
- he pays the premium