Application of UCP Article 28
170) If a credit requires presentation of a transport document covering movement by road, rail or inland waterway, UCP Article 28 is applicable.
Original and duplicate of road, rail or inland waterway transport documents
171) If a credit requires a road, rail or inland waterway transport document, the transport document presented will be accepted as an original whether or not it is marked as an original. A road transport document must show that it is the copy meant for the shipper or consignor or bear no marking indicating for whom the document has been prepared. With respect to rail waybills, the practice of many railway companies is to provide the shipper or consignor with only a duplicate (often a carbon copy) duly authenticated by the railway company's stamp. Such a duplicate will be accepted as an original.
Carrier and signing of road, rail or inland waterway transport documents
172) The term "carrier" need not appear at the signature line provided the transport document appears to be signed by the carrier, or an agent on behalf of the carrier, if the carrier is otherwise identified as the "carrier" on the face of the transport document. International standard banking practice is to accept a railway bill evidencing date stamp by the railway station of departure without showing the name of the carrier or a named agent signing for or on behalf of the carrier. (UCP sub-Article 28(a)(i)).
173) The term "carrier" used in UCP Article 28 includes terms in transport documents such as "issuing carrier", "actual carrier", "succeeding carrier", and "contracting carrier".
174) Any signature, authentication, reception stamp, or other indication of receipt on the transport document must appear to be made either by:
a) the carrier, identified as the carrier, or
b) a named agent signing for or on behalf of the carrier, and indicating the name and capacity of the carrier on whose behalf that agent is signing.
Order party and notify party
175) Transport documents which are not documents of title should not be issued "to order" or "to order of" a named party. Even if a credit calls for a transport document which is not a document of title to be made out "to order" or "to order of" a named party, such a document, showing goods consigned to that party, without mention of "to order" or "to order of", is acceptable.
176) If a credit does not stipulate a notify party(ies), the respective field on the transport document may be left blank or completed in any manner.
Partial shipment
177) Shipment on more than one means of conveyance (more than one truck (lorry), train, vessel, etc.) is a partial shipment, even if such means of conveyance leave on the same day for the same destination.
Goods description
178) A goods description in the transport document may be shown in general terms not inconsistent with that stated in the credit.
Corrections and alterations
179) Corrections and alterations on an UCP Article 28 transport document must be authenticated. Such authentication must appear to have been made by the carrier, or any one of their named agents, who may be different from the agent that may have issued or signed it, provided they are identified as an agent of the carrier.
180) Copies of UCP Article 28 transport documents do not need to include any signature on, or authentication of any alterations or corrections that may have been made on the original.
Freight and additional costs
181) If a credit requires that a UCP Article 28 transport document show that freight has been paid or is payable at destination, the transport document must be marked accordingly.
182) Applicants and issuing banks should be specific in stating the requirements of documents to show whether freight is to be prepaid or collected.
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