Refusals under a Payment Guarantee


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Query from K.C.:

Dear all,

I kindly ask your views on the following question:

Facts:
A (demand) payment guarantee
Issued 29 April 2010
The guarantee does not mention applicable rules

Requirement for a demand:
"Value eight banking days after receipt of your first written demand and your written confirmation stating that you delivered the products in accordance with A/M agreement but have not received payment on the due date for the amount claimed hereunder.

Your request for payment has to be accompanied by the following documents:
+ Copy of unpaid commercial invoice
+ Copy of transport document"

The beneficiary presents a demand to the guarantor, and it is refused by the guarantor as follows:

Quote


+ all of the presented transport documents evidence a shipper different than the distributor and moreover, the beneficiary's address to which the goods were consigned differs from the one indicated in the guarantee.

+ the CMR refer to order nos. 64, 65, 67, 69, 70 whereas the invoice refers in addition to order nos. 66 which appears not to have been shipped.

+ the second lorry no. indicated on the invoice and on the corresponding weight and packing list reads ''aaaa'' and differs from the second lorry/plate no. Indicated in the CMR which reads ''bbbb''.

Due to the above we - at present - reject your demand for payment and hold documents at your disposal.

Unquote

Kindly advise:

  1. Is this refusal correct?
  2. Would it have made a difference if the guarantee was issued subject to URDG 458?
  3. Would it have made a difference if the guarantee was issued subject to URDG 758?
  4. Would it have made a difference if the same guarantee was issued after 1 July 2010?
Thanks in advance.

Best regards

K. C.
Head of Trade Products & Business Relations
____________________________________

IV. Co. Ltd.
Trade Finance


A Response to the Query above:

Hi K.,

You don't mention whether the guarantee ...

Kind regards.

R.

R. P.
Partner
Energy/Trade/Commodities

rp****@rs****.com
+44 (0) ## #### ####

R.S. LLP


T.O. Lee's Comments to the Response above:

Dear R.,

I support your view which is what I have encountered in my services.

The bank ...

T. O.

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