100) If a credit requires presentation of a charter party bill of lading covering a port-to-port shipment, UCP Article 25 is applicable. A transport document containing any indication that it is subject to a charter party is a charter party bill of lading under UCP Article 25.
101) If a credit requires presentation of a charter party bill of lading, then a marine transport document presented containing an indication that it is subject to a charter party must fulfill the requirements of UCP Article 25.
Full set of originals
102) A UCP Article 25 transport document must indicate the number of originals that have been issued. Transport documents marked "First Original", "Second Original", "Third Original", "Original", "Duplicate", "Triplicate", etc., or similar expressions are all originals. Charter party bills of lading need not be marked "original" to be acceptable under a credit. See section 3.1 of ICC Publication 470/871 Rev. 29, July 1999, "The determination of an 'Original'document in the context of UCP 500 sub-Article 20(b)".
Signing of charter party bills of lading
103) Original charter party bills of lading must bear a signature in the form described in UCP sub-Article 20(b).
a) If the master (captain) or owner signs the charter party bill of lading, the signature of the master (captain) or owner must be identified as "master" ("captain") or "owner".
b) If an agent signs the charter party bill of lading on behalf of the master (captain) or owner, the agent must be identified as agent and the name of the master (captain) or owner on whose behalf it is signing must be stated.
On board notations
104) If a pre-printed "Shipped on board" charter party bill of lading is presented, its issuance date will be deemed to be the date of shipment unless it bears an on board notation, in which event the date of the on board notation will be deemed to be the date of shipment whether or not the on board date is before or after the issuance date of the document.
105) "Shipped in apparent good order", "Laden on board", "clean on board" or other phrases incorporating words such as "shipped" or "on board" have the same effect as "shipped on board".
Ports of loading and ports of discharge
106) If a credit gives a geographical area or range of ports of loading and/or discharge (e.g. "Any European Port"), the charter party bill of lading must indicate the actual port(s) of loading, which must be within the geographical area or range indicated but may show the geographical area or range of ports as the port of discharge.
Consignee, order party, shipper and endorsement, notify party
107) If a credit requires a charter party bill of lading to show that the goods are consigned to a named party, e.g. "consigned to Bank X" (a 'straight' consignment), rather than "to order" or "to order of Bank X", the charter party bill of lading must not contain words such as "to order" or "to order of" that precede the name of that named party, whether typed or pre-printed. Likewise, if a credit requires the goods to be consigned "to order" or "to order of" a named party, the bill of lading must not show that the goods are consigned straight to the named party.
108) If a charter party bill of lading is issued to order, or to order of the shipper, it must be endorsed by the shipper. An endorsement indicating that it is made for or on behalf of the shipper is acceptable.
109) If a credit does not state a notify party(ies), the respective field on the charter party bill of lading may be left blank or completed in any manner.
Partial shipment
110) If a credit prohibits partial shipments, and more than one set of original charter party bills of lading are presented covering shipment from one or more ports of loading (as specifically allowed, or within a given range, in the credit), such documents are acceptable, provided that they cover the shipment of goods on the same vessel and same journey and are destined for the same port of discharge, range of ports or geographical area. In the event that more than one set of charter party bills of lading are presented, and incorporate different dates of shipment, the latest of these dates of shipment will be taken for the calculation of any presentation period and must fall on or before the latest shipment date specified in the credit. Shipment on more than one vessel is a partial shipment, even if the vessels leave on the same day for the same destination.
Clean charter party bills of lading
111) Clauses or notations on charter party bills of lading which expressly declare a defective condition of the goods and/or packaging are not acceptable. Clauses or notations that do not expressly declare a defective condition of the goods and/or packaging (e.g. "packaging may not be sufficient for the sea journey") do not constitute a discrepancy. A statement that the packaging "is not sufficient for the sea journey" would not be acceptable.
112) The word "clean" need not appear on a charter party bill of lading even though the credit may require a "clean on board charter party bill of lading" or one marked "clean on board".
113) If the word "clean" appears on a charter party bill of lading and has been deleted, the charter party bill of lading will not be deemed to be claused or unclean unless it specifically bears a clause or notation declaring that the goods or packaging are defective.
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