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Unit 8: L/C Amendment and Extension

Unit 8: L/C Amendment and Extension. Part Ⅰ: L/C Amendment Part Ⅱ: L/C Extension. 案例.

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Unit 8: L/C Amendment and Extension

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  1. Unit 8: L/C Amendment and Extension Part Ⅰ: L/C Amendment Part Ⅱ: L/C Extension

  2. 案例 • 某公司以CIF鹿特丹与外商成交一批货物，按发票金额110％投保一切险及战争险。买卖合同中的支付条款规定为“PaymentbyL/C”。国外来证条款中有如下文“PaymentunderthiscreditwillbemadebyusonlyafterarrivalofgoodsatRotterdam。”（该证项下的款项的货到鹿特丹后由我行支付）。受益人在审证时未发现，因此，未请对方修改。我外贸公司在交单结汇时，议付行也未提出异议。不幸60％货物在途中被大火烧毁，船到目的港后开征行拒付全部货款。问题:（1）开证行拒付是否合理？为什么？ （2）本案有何教训可以吸取？ • 如何通过所学函电英语解决此问题？

  3. Analysis • Evidence: Article 4. Documents v. Goods/Services/Performances In Credit operations all parties concerned deal with documents, and not with goods, services and/or other performances to which the documents may relate.

  4. 4 • 第四条单据与货物／服务／行为 • 在信用证业务中，各有关当事人处理的是单据，而不是单据所涉及的货物、服务／或其它行为。

  5. 2 • whereby a bank(the "Issuing Bank") acting at the request and on the instructions of a customer (the "Applicant") or on its own behalf, i) is to make a payment to or to the order of a third party(the "Beneficiary"), or is to accept and pay bills of exchange(Draft(s)) drawn by the Beneficiary, or ii) authorises another bank to effect such payment, or to accept and pay such bills of exchange(Draft(s)), or iii) authorises another bank to negotiate, against stipulated document(s), provided that the terms and conditions of the Credit are complied with. For the purposes of these Articles, branches of a bank in different countreis are considered another bank.

  6. 2 • 指一家银行（“开证行”）应客户（“申请人”）的要求和指示或以其自身的名义，在与信用证条款相符的条件下，凭规定的单据： • Ⅰ．向第三者（“受益人”）或其指定人付款，或承兑并支付受益人出具的汇票，或 • Ⅱ．授权另一家银行付款，或承兑并支付该汇票，或 • Ⅲ．授权另一家银行议付。

  7. Reference answer • Dear Sirs, • We received the advice that the payment has been refused. • We did present you all the documents as requested and you are obliged to make the payment according to article 2 and 4 in UCP500, to which the credit is subject.

  8. Would you please send our payment as soon as possible? • Enclosed is the detail of Article 2 and 4 of UCP500. • Yours faithfully

  9. Article 3. Credits v. Contracts • a. Credits, by their nature, are separate transactions from the sales or other contract(s) on which they may be based and banks are in no way concerned with or bound by such contract(s), even if any reference whatsoever to such contract(s) is included in the Credit. Consequently, the undertaking of a bank to pay, accept and pay Draft(s) or negotiate and/or to fulfil any other obligation under the Credit, is not subject to claims or defences by the Applicant resulting from his relationships with the Issuing Bank or the Beneficiary.

  10. 第三条信用证与合同 • a．就性质而言，信用证与可能作为其依据的销售合同或其它合同，是相互独立的两种交易。即使信用证中提及该合同，银行亦与该合同完全无关，且不受其约束。因此，一家银行作出付款、承兑并支付汇票或议付及／或履行信用证项下其它义务的承诺，并不受申请人与开证行之间或与受益人之间在已有关系下产生的索偿或抗辩的制约。

  11. Sentence patterns • Your Letter of Credit stipulates 60 days sight, whereas our contract shows 30 days sight. So you are requested to make necessary amendment and advise us before March 20. • 你方的信用证规定60天内付款，而我们的合同规定是30天，所以请你方做必要的修改并在3月20日之前通知我方。

  12. Sentence patterns • Please extend the shipping date to November 30 and validity to December 10 and let us have your reply as soon as possible. • 请将船期延展到11月30日，有效期延展到12月10日，并尽快给我方答复。

  13. Sentence patterns • Owing to some delay on the part of our suppliers, we are not in a position to ship the goods before July 20 as stipulated in the L/C. kindly extend the shipping date and credit validity for one month respectively. • 由于供货厂家的延误，我们不能按信用证规定在7月20日之前发货。故请将信用证的船期和有效期分别延展一个月。

  14. Sentence Patterns • 请按下述意见修改320号信用证： • 金额增至21340美元。 • 有效期延至9月30日。 • 删掉“不许转船”字句。 • Please amend (adjust) L/C No. 320 as follows: • Amount to be increased up to US $21340. • Validity to be extended to 30th September. • The words “Transshipment Not Allowed” are to be deleted.

  15. Sentence Patterns • 信用证今日收到，但未做修改。我们必须再一次提醒你方注意我们2月20日的电传，请你方对下述条款进行修改。 • The L/C has been received this date, but without necessary amendment. Again, we must ask you to refer to our telex of February 20 in which our request was made to you regarding the following clause to be amended:

  16. Sentence Patterns • 请电传展延信用证装运期至、、、及有效期至、、、，以使我方安排装运该货。 • Please extend by telex the shipment date of your L/C to …and validity to…, thus enabling us to effect shipment of the goods in question.

  17. Sentence Patterns • 我们在认真审核了信用证之后，请求你方做如下修改： • 数量为1000顿，（允许5%溢短装，由卖方决定） 允许分运。 • After we have checked the L/C carefully, we request you to make the following amendments: • The quantity should read: 1,000 M/T (5% more or less at Seller’s option). • Partial shipments are allowed.

  18. Part Ⅰ • L/C Amendment

  19. Writing Guidelines • Express your appreciation or thanks to opening the L/C • Point out that the inconformity with the contract or the order sheet and request amendment./ List your requirement. • Notify that the goods are ready for shipment, please expedite. • Your expectation.

  20. Requesting Amendment to L/C 1 • Dear Sirs, • Thank you for your L/C No. 3929 against our S/C No. 3493. • Among the clauses specified in it, we found that payment is to be made at 60 days whereas we want it to be made at night, which was agreed on by you and expressly mentioned in your order sheet. Therefore please amend it as stated.

  21. Requesting Amendment to L/C 2 • The goods are now packed ready for shipment. We should be obliged for your immediate amendment of the L/C to enable us to make timely shipment. • Yours faithfully

  22. Requesting Amendment to L/C 1 • Dear Mr. Sermon, • Re: Your L/C No. 4928 • We have received your captioned letter of credit. • After checking up the clauses in it, we found three points do not confirm to those in the relative contract. Please amend the L/C as follows: • (1) Please increase the amount to DM 49,000.

  23. Requesting Amendment to L/C 2 • (2) Please add the word “five percent more or less allowed” after the number of the quantity. • (3) Delete “transshipment not allowed” as direct steamers to your port are not available and transshipment at Hong Kong is necessary. • We await your earliest amendment advice. • Faithfully yours

  24. Amendment to Letter of Credit 1 • Dear Sirs, • Letter of Credit No. 3524 issued by the Bank of New South Wales has duly arrived. On perusal, we find that transshipment and partial shipment are not allowed.

  25. Amendment to Letter of Credit 2 • As directed steamers to your port are few and far between, we have to ship via Hong Kong more often than not. As to partial shipment, it would be to our mutual benefit if we could ship immediately whatever is ready instead of waiting for the whole shipment to be completed. Therefore, we are asking you to amend your L/C to read “Partial shipments and transshipment allowed.” We shall appreciate it if you will modify promptly the L/C as requested. • Yours faithfully,

  26. Amendment to Letter of Credit 1 • Dear Sirs, • Re: Your Letter of Credit No. 5454 • We have received your captioned Letter of Credit. • Among the clauses specified in your Credit we find that the following two points do not conform to the relative contract:

  27. Amendment to Letter of Credit 1 • Your Credit calls for Manufacturer’s Certificates, which is not included in the Contract. In fact, the contracted commodity is a kind of agricultural produce. It is impossible to obtain a manufacturer’s certificate. • The contract number is 98/1245 instead of 97/1245 • As the goods are now ready for shipment, you are requested to amend your credit as soon as possible. • Yours faithfully,

  28. Part Ⅱ • L/C Extension

  29. Requesting Extension of L/C • Dear Sirs, • With reference to your L/C No. 4938 covering 3,000 copies of iron nails, we regret to inform you that it is impossible for us to fulfill the shipment before the end of September, as the earliest steamer sailing for your port is scheduled to leave Shanghai around October or early November.

  30. Requesting Extension of L/C • Such being the case, we have to ask you to extend the shipment date and validity of your L/C to November 30 respectively and see to it that the amendment advice reaches us by October 1. • Your prompt attention to this will be highly appreciated. • Faithfully yours

  31. Extension of Letter of Credit 1 • Dear Sirs, • Re: Your L/C No. AG4582 • We have received your L/C No. AG4582 for the amount of ￡2,960 to cover your Order No. 860 for 20 metric tons of…

  32. Extension of Letter of Credit 2 • The said credit calls for shipment on or before the 31st of December. As the earliest steamer sailing for your port is s.s. “PEACE” scheduled to leave Shanghai on or about January 3, it is , therefore, impossible for us to effect shipment at the time you named. This being the case, we have to ask you to extend the date of shipment to the 15th of January, under advice to us by fax. • Yours faithfully,

  33. Extension of Letter of Credit 1 • Dear Sirs, • L/C No.224 ——5M/T Frozen Rabbit Meat • We thank you for your L/C No. 244 for the captioned goods. We are sorry that owing to some delay on the part of our suppliers, we are unable to get the goods ready before the end of this month. So we write to you asking for an extension.

  34. Extension of Letter of Credit 2 • It is expected that the consignment will be ready for shipment in the early part of May and we are arranging to ship it on s.s “Red Star” sailing from shanghai on May 10. • We are looking forward to receiving your extension of the above L/C, thus enabling us to effect shipment of the goods in question. • Yours faithfully,

  35. Please Write a letter according to the following information 1 • 1.信用证345号，请修改： • （1.） 长吨改为公吨； • （2.）目的港伦敦改为汉堡； • （3.） 展装运期到8月底并允许分运转船。 • 2. 你方信用证3350号，数量与合同不符，总金额相差￡75.60，请速改。

  36. 2 • 3. 信用证2345号，请来电取消“银行费用由受益人负担”的条款。 • 4. 信用证3346号，金额不足，请按合同增加520镑（请按合同增至3,125.00镑）。 • 5. 请将你方信用证6789号的船期及有效期分别展延至10月15日及10月30日。

  37. 3 • 一家银行为从某港装运的货物给发货人开立了一份不可撤消信用证，列明按UCP500办理。该信用证以后被修改，要求增加由开证人指定的检验机构签发的商检证书，遭到受益人拒绝后，开证行开始宣称，如提示的单据中不包括该商检证将拒不偿付，继而又声明；

  38. 3 • 如开证人收到的货物与信用证条款相符，可以照付。货抵目的地后，经检验收到的货物仅为发票所有数量的80%，因此遭到拒付。为此，收益人起诉开证行违反信用证承诺问题:（1）请对此进行评论。 • 如何通过所学函电英语解决此问题？

  39. 公司对顾客的催缴函1(原稿) • Dear Sirs, • On checking through our books, we notice that our Januarystatement for US$350is still unpaid. • We would be gratefulif you could send us your check as soon as possible. • Yours faithfully

  40. statement • statement用法颇多，例如：profit-loss statement (损益表) demand statement (追索书) financial standing statement (财务状况报表) 等，但撰信人要肯定对方明白你所指的是什么文件才行。

  41. We would be grateful… • I/We would be grateful 要用得其所，这个句式在提出特殊请求时就大派用场，例如：I would be grateful if you could allow me to postpone payment for two weeks/one more week to finish the report. 就表达出诚挚的谢意。但是若说We would be grateful if you would send your payment.就有假客气之嫌。

  42. If possible • Please disregard this letter/ excuse us for this reminder if your payment is already in the mail. • 切忌使用avoid或Please ignore this reminder if…”等等带有负面含义的词句，不妨改用“disregard”这个既自然又中立的用词，例如:”Please disregard this letter/excuse us for this reminder if your payment is already in the mail.”。

  43. 公司对顾客的催缴函1(修正) • Dear Mr. Holbrook, February 15，2002 • Our records show that your January account for US$350 is still unpaid. Would you please send us your check as soon as you can? • Yours truly， (19字) 以上信函中可以（但不是必须）加入一句“Please excuse us for this reminder if your payment is already in the mail.”作为结语。

  44. 公司对顾客的催缴函2(原稿) ①古旧无意的句式以绿色字体标明。 ②既然双方都知道逾期付款一事，收信人不大可能遗忘了，那就不必说“As we must assume that this is due to an oversight on your part…”了，这样反而显得欠缺真诚。谚语有云：“口是心是，表里如一”。 • Dear Sirs, March 14, 2002 • we refer to our letter of 15 February, in which we drew your attention to the fact that our January statement for US$350 was still unpaid. • As we must assume that this is due to an oversight on your part, we should be grateful if you could look into this matter as soon as possible. • Yours faithfully, (55字)

  45. 公司对顾客的催缴函2(修正) • Dear Mr. Holbrook, March 14, 2002 • We wrote on February 15 that your January account for US$350 was still unpaid. • Would you please send your payment right away? • Very truly yours, (22字) Say what you mean, Mean what you say. 口是心是 表里如一

  46. 公司对顾客的催缴函3(原稿) ①古旧且情绪化的句式以绿色字体标明。 ②逾缴款额是要点之一，但竟然缺漏了。 ③行文冗长，态度虚伪，既有”长久的友谊关系”，又何须撰写这样一份催缴函呢?电话联络或者面对面谈话更切合实际 • Dear Sirs, April 15,2002 • We have sent you our statement for your January account three times: in January, in February, and in March. We are surprised that we have had no reply to our letters. • We should be most grateful if you could settle this account within the next ten days. Otherwise, we will be obliged to hand this matter to our solicitors.

  47. We should be very sorry to have to take such a step after a long and friendly connection with you. We hope you will help us to avoid it by giving the matter your immediate attention. • Yours faithfully, • (95字)

  48. 公司对顾客的催缴函3(修正) • Dear Mr. Holbrook, April 15,2002 • We wrote on February 15 and March 14 that your January account for US$350 was still unpaid, but so far we have not heard from you. • Would you please settle this account within the next 10 days? Otherwise, we shall have to hand this matter to our solicitors/refer this matter to our collection agency/seek legal action. • Yours truly, (48字)

  49. Japanese （原稿） • Dear Sir， • We regret to inform you that yor payment for our transaction and document delivery service has not reached us yet. The amount due is as follows: • Document A 345564 • Photo-image Pigments(色素/颜料) US$915

  50. Document Delivery US$ 315 • Total: US$ 1,230 • We ask that you please pay the billed amount to us as soon as possible. If you already paid the charge, please forgive us and kindly send us the remittance evidence. • Thank you for using KAIGI Quick Translation Service or Document Delivery Service. • Yours truly, • Tadao Morikawa, • Managing Director • Kanto Association for International Geological Information • PS: Our Account Number is 123456 at Fuji Bank, Komagome Branch (80字) 出自日本人手笔

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