Shipments by Instalments

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Posted in DC-Pro on Aug 17, 2001 at 5:27:55 PM
DIFFERENT OPINIONS AND DISAGREEMENTS ARE WELCOME
We welcome different opinions and disagreements, such as those from Mr. Pavel Andrle in the DC Pro (although not in a tone that pleases us) as well as in workshops conducted by us, to enable us to learn together for better understanding of the DC operations and the UCP.
OPINIONS ARE SHAPED NOT FORMED RIGHT FROM THE START
To respond to the criticism from Mr. Pavel Andrle, when we participated previously in the DC Pro discussions on this instalment shipments issue, we had not yet thought of the different issues related to Article 41 of the UCP 500. Hence driven or led by the opinions and comments from other participants, we might change our focus, jumping from one issue to another (such as from SHIPMENTS to DRAWINGS) as the discussions unfold themselves.
EASY TO CRITICISE AT A LATER STAGE
It is easy to make a summary and to criticise at a later stage after reading all the different opinions from different participants expressed on different issues.
However, it is not fair to say to any one of the early participants: "Why shouldn't you say or have realised this right in the beginning?". We have to realise that opinions have to be SHAPED gradually and not formed right at the beginning of any discussions on a subject that nobody has ever tackled before.
To participate in a DC Pro discussion is similar to ...

Posted in DC-Pro on Aug 2, 2001 at 6:53:10 AM
PREVIOUS RECTIFICATION OF ICC OFFICIAL INTERPRETATIONS
If Mr. Shehab's interpretation is right, which may be a possibility, then Artcile 41 may have an unintended i-bug/blue worm similar to: ...

Posted in DC-Pro on Aug 1, 2001 at 5:12:28 PM
IRELAND IS UNIQUE IN CERTAIN AREAS
Many thanks to Mr. Bacon in pointing out the historic background of the term "water of life". We are glad to amend our remarks on Guinness Stout, which is now changed to "a tonic to remind us of Dublin". Mr. Bacon would be glad to hear that the best tasting Guinness is the one I had in the bar on top of the Guinness Stock House in Dublin. The bartender poured the stout into the glass by two instalments, to let the first instalment settled down before the second instalment was made. This makes all the difference. Another reason, as I was told in the Guinness tour, is that the water used to brew the Guinness in Dublin is from the River Liffey.
I also realised that the Irish Pound used in Dublin is different from the English Pound used in London.
COMMON LAW AND CIVIL LAW PERSPECTIVES
In Common Law, ...

Posted in DC-Pro on Jul 31, 2001 at 4:23:54 PM
LOOK FOR INTENT RATHER THAN LITERAL MEANING
To respond to Mr. Shehab's comments made on 31 July 2001, in a situation where interpretation of certain words in an UCP 500 Article cannot be harmonised amongst members of the DC PRO here, we form our opinions based on the intent of the Article, rather than the literal meaning. That is the way we interpret "DRAWINGS".
Let us assume that the two instalment shipments and the two presentations in our case are all made according to the DC instalments schedule, and there is a material discrepancy in the packing list in the first presentation. According to Mr. Shehab, the DC is available for the second instalment shipment. Let us see what would happen then in certain situations.
APPLICANT FORCED TO ACCEPT GOODS WHICH MAY BE USELESS WITHOUT THE FIRST SHIPMENT
After rejection of the first instalment shipment, the applicant has to ...

Posted in DC-Pro on Jul 27, 2001 at 8:46:32 PM
STRICT COMPLIANCE IS MOST SAFE
The second instalment shipment of 450 units is not discrepant because: ...

Posted in DC-Pro on Jul 26, 2001 at 9:22:16 PM
HOW A COURT OF LAW DECIDES GREY AREAS
In a court of law, if a judge cannot decide based on the contract and/or the related legislations due to grey areas and other reasons (expert's opinions biased, inconsistent or evidences from witnesses not acceptable or contradictory), he would look to the intention of the parties to determine which party is right or wrong.
Since the members of DC PRO here cannot convince others of their different opinions based on the UCP 500 Articles alone, shall we try to decide the issues based on the intention of the parties as reflected by Article 41.
DETERMINE BY REFERRING TO THE INTENTION OF THE PARTIES
Artcle 41 imposes ...

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