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The Case of the Invoice without Address |
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Question from Spain:Documentary credit issued, as usual, showing the names, addresses and country of beneficiary and applicant.
One of the required documents is a commercial invoice, without other specifications.
At the time of presentation, beneficiary include an invoice showing only the name of applicant, but neither address nor the country.
Analyzing this case, different positions are adopted :
Position 1-. Invoice is discrepant, because as per European legislation, ( CE Directive 2001/115/CE ) in all invoices must appear the name and the address of seller and buyer.
Position 2-. This argument is not between UCP and consequently not applicable.
Position 3-. Invoice is discrepant then as per article 14 j. “ the addresses need not to be the same...but be within the same country...” and it must minimum show the country.
Position 4-. This article is not applicable because is only applicable in the case “ when the addresses appears ” and in this case, addresses don't appear.
Position 5-. Document is acceptable as per article 18 a ii, because indicates only that the invoice “ must be made in the name of the applicant”.
Position 6-. Document not compliant because when article 18 aii refers to “the name” means name and address as show in the swift field regarding to the applicant.
As you may see, they are really very different interpretations of the UCP.
In your point of view, which would be the correct position ?
Response from T.O. Lee:Dear All,
Solely based on the information provided by the enquirer, my comments are:
...
T. O.