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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 rulesRequirement 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
Unquote
+ 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.
Kindly advise:
Thanks in advance.
- Is this refusal correct?
- Would it have made a difference if the guarantee was issued subject to URDG 458?
- Would it have made a difference if the guarantee was issued subject to URDG 758?
- Would it have made a difference if the same guarantee was issued after 1 July 2010?
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/Commoditiesrp****@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.