常见的一些软条款

常见的一些软条款

软条款：开证行在开立的信用证中加列某种条款，从而单方面解除其保证付款责任。信用证软条款的主要种类软条款一般出现在单据条款、装运条款和付款条款中。

一、客检证书

案例1：CERTIFICATE OF QUALITY IN ONE ORIGINAL ISSUED AND SIGNED BY APPLICANT 25 DAYS BEFORE SHIPMENT WHOSE AUTHORITY AND SIGNATURE MUST BE IN CONFORMITY WITH RECORDS HELD IN ISSUING BANK

案例2：INSPECTION CERTIFICATE ISSUED BY APPLICANT AND SIGNED BY THEIR AUTHORIZED OFFICERS CERTIFYING THAT THE GOODS HAVE BEEN INSPECTED BEFORE SHIPMENT,THE APPLICANT’S AUTHORIZED SIGNATURES ON THE INSPECTION CERTIFICATE MUST BE IN COMFORMITY WITH ISSUING BANK’S RECORD.

二、有问题的提单条款

案例1：提单通知人以修改书后告NOTIFY PARTY WILL BE ADVISED LATER BY L/C AMENDMENT

三、船舶指装

案例1：船舶由开证申请人指定SHIPMENT CAN ONLY BE EFFECTED AFTER THE L/C APPLICANTS’ APPROVAL CONFIMING THE NAME OF VESSEL AND SUCH APPROVAL WILL BE ADVISED TO BENEFICARY THROUGH THE CREDIT ISSUING BANK IN FORM OF AN AMENDMENT TESTED TELEX WITHIN 10 DAYS BEFORE SHIPMENT

案例2：SHIPMENT MUST ONLY BE EFFECTED UPON RECEIPT OF L/C ISSUING BANK’S TESTED TELEX TO THE ADVISING BANK FOR ONWARD TRANSMISSION TO THE BENEFICIARY STATING THAT L/C APPLICANT HAS INSPECTED THE GOODS WHICH FOUND TO BE IN GOOD ORDER AND CONDITIONS AND APPROVED SHIPMENT

四、付款与实际到货相联系

案例1：收到货物后我行将根据你们的指示付款AS RECEIPT OF THE GOODS WE WILL CREDIT YOU AS YOUR INSTRUCTIONS

案例2：开证申请人通知开证行已收到货并证明货物及数量符合定单的规定及开证申请人授权付款。PAYMENT TO BENEFICIARIES WILL BE EFFECTED ONLY AFTER YOU RECEIVE OUR ADVICE THAT THE APPLICANTS HAVE ADVISED US ABOUT THE ARRIVAL OF GOODS AND CONFIRM THAT THE GOODS AND QUANTITIES ARE AS PER THEIR ORDER AND THAT THEY AUTHORISE PAYMENT, DOCUMENT PRESENTED HEREUNDER SHALL BE RELEASED TO THE APPLICANTS FREE OF PAYMENT IN ORDER TO FACILITATE THE INSPECTION OF THE MERCHANDISE,YOUR COVERING SCHEDULE ENCLOSING DOCUMENTS SHOULD THEREFORE SPECIFICALLY SO AUTHORISE

五、开证申请人承兑付款

案例1：WE UNDERTAKE TO REIMBURSE YOU IN ACCORDANCE WITH YOUR INSTRUCTION UPON RECEIPT OF THE ACCEPTED DRAFT FROM APPLICANT UPON ACCEPTANCE BY THE CREDIT OPENERS OF BILLS DRAWN IN CONFORMITY WITH THIS LETTER OF CREDIT, SUCH BILLS WILL BE PAID BY US AT SIGHT WITH INTEREST FOR THE ACCOUNT OF OPENERS, DRAFT MUST BE DRAWN

AT 90 DAYS SIGHT,ALL INTEREST PRIOR TO ACCEPTANCE IS FOR ACCOUNT OF THE BENEFICIARY

六、信用证规定D/A付款

案例1：AVAILABLE BY YOUR MANUALIY SIGNED DRAFT ON IMPORTR AT 90 DAYS D/A SIGHT FOR FULL INVOICE VALUE OF SHIPMENT

七、进口地通关、取得配额或符合其他当地政府规定后付款

案例1：UPON RECEIPT OF DOCUMENTS IN ORDER AT OUR COUNTERS WE SHALL ENDORSE B/LADING AND HAND OVER DOCUMENTS TO APPLICANT, HOWEVER, PAYMENT IN RESPECT OF SAID DOCUMENTS SHALL BE EFFECTED AT MATURITY ONLY ON CONDITION THAT LATEST 40 DAYS AFTER DATE OF RECEIPT OF DOCUMENTS AT OUR COUNTERS APPLICANT DOES NOT RETURN TO US ORIGINAL BILLS OF LADING TOGETHER WITH THEIR WRITTEN DECLARATION STATING THAT THEY WERE UNABLE TO RELEASE GOODS FROM CUSTOMS, SHOULD ORIGINAL BILL OF LADING BE RETURN TO AS ABOVE, THEN NO PAYMENT SHALL BE EFFECTED UNDER THIS L/C EVEN THOUGH BILL OF LADING WERE ENDORSED BY US, IN SUCH CASE WE SHALL NOTIFY ADVISING BANK ACCORDINGLY AND CLOSE OUR FILES

案例2：DOCUMENTATION REQUIRED TO NOW INCLUDE BENEFICIARY’S SIGNED TRANSHIPMENT CERTIFICATION THAT ALL PRODUCTS SHIPPED TO OR PURCHASED BY ABC CO DO UNEQUIVOCALLY CONFORM TO THE UNITED STATES CUSTOMS SERVICE LAWS REGARDING COUNTRY OF ORIGIN AND ARE MARKED WITH COUNTRY OF ORIGIN, BENEFICIARY TO FURTHER CERTIFY THAT THE MERCHANDISE SHIPPED WAS NOT TRANSHIPPED TO AVOID QUOTA OR OTHER RESTRICTIONS, BENEFICIARY FURTHER CERTIFIES THAT THEY UNDERSTAND THAT IN THE EVENT THAT U.S.CUSTOMS DENIES ENTRY OR ASSESSES ANY CLAIM FOR LIQUIDATED DAMAGES ON THE GROUNDS THAT THE PRODUCT WAS ILLEGALLY TRANSHIPPED, THAT ABC CO. WILL IMMEDIATELY CANCEL ALL ANY OUTSTANDING PAYMENTS ANY LIQUIDATED DAMAGES ASSESSED BY U.S.CUSTOMS

案例3：如政府实施新的配额制度，开证行可单方面修改信用证SHOULD IT BECOME NECESSARY FOR APPLICANT TO ADD ADDITIONAL TERMS AND CONDITIONS TO THIS LETTER OF CREDIT DUE TO SUBSEQUENTLY INVOKED IMPORT QUOTA REGULATIONS, IT IS A CONDITION OF THIS LETTER OF CREDIT THAT SUCH ADDITIONAL TERMS AND CONDITIONS WILL BE IMMEDIATELY ADVISED BY US TO THE BENEFICIARY THROUGH THE ADVISING BANK BY REGISTERED MAIL OR TESTED TELEX AND THAT TERMS WILL BE IMMEDIATELY BINDING UPON ALL PARTIES TO THIS L/C

八、把进口国海关通关和进口商验货结合起来，开证行再承兑付款

案例1：DOCUMENTS PRESENTED TO US UNDER THIS LETTER OF CREDIT WILL BE RELEASED BY US TO THE APPLICANT FREE OF PAYMENT AGAINST A SIMPLE RECEIPT FOR THE PURPOSE OF ARRANGING INSPECTION OF MECHANDISE BY THE U.S.CUSTOMS AND CREDIT APPLICANT. IT IS A FURTHER CONDITION OF THIS LETTER OF CREDIT THAT DRAFTS DRAWN HEREUNDER WILL BE ACCEPTED BY US ONLY AFTER WE HAVE BEEN NOTIFIED IN WRITING BY THE APPLICANT THAT THE ENTIRE QUANTITY OF MERCHANDISE HAS BEEN APPROVED BY THE U.S.CUSTOMS AND UNTIL SAID WRITTEN NOTICE IS RECEIVED BY US WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY HEREUNDER INCLUDING THE CONSEQUENCES ARISING FROM THE INABILITY TO RETRIEVE THE DOCUMENTS BACK FROM THE APPLICANT, IN THE EVENT WE RECEIVE

NOTIFICATION FROM THE APPLICANT OF REJECTION OR REFUSAL OF THE MERCHANDISE BY THE U.S.CUSTOMS OR CREDIT APPLICANT WE SHALL NOTIFY THE BENEFICIARY PROMPTLY THROUGH THE BANK PRESENTING DOCUMENTS TO US

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