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跟单信用证统一惯例
属类:商务文书-外贸法规
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(1). Should a mail confirmation nevertheless be sent, it will have no effect and the Advising bank will have no obligation to check such mail confirmation against the operative Credit instrument or the operative amendment received by teletransmission.
如仍寄送证实书,则该证实书当属无效,通知行也没有义务将证实书与所收到的以电讯方式传递的有效信用证文件或有效的修改书进行核对。
(2). In Credit operations all parties concerned deal with documents, and not with goods, services and/or other performances to which the documents may relate.
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。
(3). Instructions for the issuance of a Credit, the Credit itself, instructions for an amendment thereto, and the amendment itself, must be complete and precise.
开证指示、信用证本身、对信用证的修改指示或修改书本身均必须完整和明确。
(4). The Uniform Customs and Practice for Documentary Credits, 1993 Revision, ICC Publication No. 500, shall apply to all documentary Credits (including to the extent to which they may be applicable, Standby Letter(s)of Credit)where they are incorporated into the text of the Credit. They are binding on all parties thereto, unless otherwise expressly stipulated in the Credit.
《跟单信用证统一惯例,1993年修订本》即,国际商会第500号出版物,适用于所有在信用证文本中标明按本惯例办理的跟单信用证(包括本惯例适用范围内的备用信用证),除非信用证中另有明确规定,本惯例对一切有关当事人均具有约束力。
(5). However named or described, whereby a bank(the "Issuing Bank")acting at the request and on the instructions of a customer (the "Applicant")or on its own behalf, against stipulated document(s), provided that the terms and conditions of the Credit are complied with.
"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.
(6). 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.
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。
(7). Consequently, the undertaking of a bank to pay, accept and pay Draft(s)or negotiate and/or to fulfill 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.
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。
(8). All instructions for the issuance of a Credit and the Credit itself and, where applicable, all instructions for an amendment thereto and the amendment itself, must state precisely the document(s)against which payment, acceptance or negotiation is to be made.
有关开立信用证的一切指示和信用证本身,如有修改时,有关修改的一切指示和修改书本身都必须明确表明据以付款、承兑或议付的单据。
(9). If the Advising Bank cannot establish such apparent authenticity, it must inform without delay the bank from which the instructions appear to have been received that it has been unable to establish the authenticity of the Credit and if it elects nonetheless to advise the Credit it must inform the beneficiary that it has not been able to establish the authenticity of the Credit.
如通知行不能确定信用证的表面真实性,就必须不延误地告知发出该指示的银行,说明本行不能确定该信用证的真实性。如通知行仍决定通知,则必须告知受益人本行不能核对信用证的真实性。
(10). However, the Issuing Bank must reimburse another bank with which a revocable Credit has been made available for sight payment, acceptance or negotiation for any payment, acceptance or negotiation made by such bank-prior to receipt by it of notice of amendment or cancellation, against documents which appear on their face to be in compliance with the terms and conditions of the Credit.
然而,开证行必须做到对办理可撤销信用证项下即期付款、承兑或议付的另一家银行,在其收到修改或撤销通知之前已凭表面与信用证条款相符的单据作出的任何付款、承兑或议付者,予以偿付
(11). The Issuing Bank must reimburse another bank with which a revocable Credit has been made available for deferred payment, if such a bank has, prior to receipt by it of notice of amendment or cancellation, taken up documents, which appear on their face to be in compliance with the terms and conditions of the Credit.
开证行必须对办理可撤销信用证项下延期付款的另一家银行,在其收到修改或撤销通知之前已接受表面与信用证条款相符的单据者,予以偿付。
(12). If the Credit provides for acceptance by another drawee bank-the Issuing Bank should accept and pay at maturity Draft(s)drawn by the beneficiary on the Issuing Bank in the event the drawee bank stipulated in the Credit does not accept Draft(s)drawn on it, or to pay Draft(s)accepted but not paid by such drawee bank at maturity
凡汇票由另一受票银行承兑者--如信用证上规定的受票银行对以其为付款人的汇票不予承兑时,应由开证行承兑并在到期日支付受益人出具的以开证行为付款人的汇票;或者,如受票银行对汇票已承兑,但到期不付时,则开证行应予支付
(13). A confirmation of an irrevocable Credit by another bank (the Confirming Bank")upon the authorisation or request of the Issuing Bank, constitutes a definite undertaking of the Confirming Bank, in addition to that of the Issuing Bank, provided that the stipulated documents are presented to the Confirming Bank or to any other Nominated Bank and that the terms and conditions of the Credit are complied with.
("保兑行")对不可撤销信用证加具保兑,当信用证规定的单据提交到保兑行或任何另一家指定银行时,在单据符合信用证规定的情况下,则构成保兑行在开证行的承诺之外的确定承诺.
(14). If the Credit provides for acceptance by another drawee bank-the Confirming Bank should accept and pay at maturity Draft(s)drawn by the beneficiary on the Confirming Bank, in the event the drawee bank stipulated in the Credit does not accept Draft(s)drawn on it, or to pay Draft(s)accepted but not paid by such drawee bank at maturity
对于承兑信用证,凡汇票由另一受票银行承兑者--如信用证规定的受票银行对于以其为付款人的汇票不予承兑,则应由保兑行承兑并在到期日支付受益人出具的以保兑行为付款人的汇票,或者,如受票银行对汇票已承兑但到期不付者,则保兑行应予支付。
(15). If the beneficiary fails to give such notification, the tender of documents to the Nominated Bank or Issuing Bank, that conform to the Credit and to not yet accepted amendment(s), will be deemed to be notification of acceptance by the beneficiary of such amendment(s)and as of that moment the Credit will be amended.
如受益人未提供上述通知,当他提交给指定银行或开证行的单据与信用证以及尚未表示接受的修改的要求一致时,则该事实即视为受益人已作出接受修改的通知,并从此时起,该信用证已作了修改。
(16). For the purposes of these Articles, the expressions "Documentary Credit (s)" and "Standby Letter(s)of Credit" (hereinafter referred to as "Credit (s)"), mean any arrangement.
就本惯例而言,"跟单信用证"和"备用信用证"(以下统称"信用证")意指一项约定.
(17). To make a payment to or to the order of a third party(the "beneficiary"), or to accept and pay bills of exchange(Draft(s))drawn by the beneficiary
和第三者("受益人")或其指定人付款,或承兑并支付受益人出具的汇票.
(18). Authorize another bank to effect such payment, or to accept and pay such bills of exchange(Draft(s)), or authorize another bank to negotiate
授权另一家银行付款,或承兑并支付该汇票,或授权另一家银行议付。
(19). Except where expressly agreed to by the Nominated Bank and so communicated to the beneficiary, the Nominated Bank’s receipt of and/or examination and/or forwarding of the documents does not make that bank liable to pay, to incur a deferred payment undertaking, to accept Draft(s), or to negotiate.
除非指定银行已明确同意并告知受益人,否则,它收受及;或审核及;或转交单据的行为,并不意味着它对付款、承担延期付款责任、承兑汇票或议付负有责任。
(20). By nominating another bank, or by allowing for negotiation by any bank, or by authorising or requesting another bank to add its confirmation, the Issuing Bank authorises such bank to pay, accept Draft(s)or negotiate as the case may be, against documents which appear on their face to be in compliance with the terms and conditions of the Credit and undertakes to reimburse such bank in accordance with the provisions of these Articles.
如开证行指定另一家银行、或允许任何银行议付、或授权、或要求另一家银行加具保兑,开证行即据此分别授权上述银行凭表面与信用证条款相符的单据办理付款、承兑汇票或者议付,并保证依照本惯例对上述银行予以偿付。
(21). When an Issuing Bank instructs an Advising Bank by an authenticated teletransmission to advise a Credit or an amendment to a Credit, the teletransmission will be deemed to be the operative Credit instrument or the operative amendment, and no mail confirmation should be sent.
当开证行使用密码证实的电讯方式指示通知行通知信用证或修改信用证时,该电讯即视为有效的信用证文件或有效的修改书,不应再寄送电报证实书。
(22). If the teletransmission states "full details to follow"(or words of similar effect)or states that the mail confirmation is to be the operative Credit instrument or the operative amendment, then the teletransmission will not be deemed to be the operative Credit instrument or the operative amendment.
该电讯声明"详情后告"(或类似词语)或声明嗣后寄出的证实书将是有效的信用证文件或有效的修改,则该电讯系无效的信用证文件或修改书。....(please sign in for more)
(23). This preliminary notification should state clearly that the notification is provided for information only and without the responsibility of the Advising Bank. In any event, the Advising Bank must inform the Issuing Bank of the action taken and request it to provide the necessary information.
该预先通知书应清楚地声明本通知书仅供参考,且通知行不承担责任。但通知行必须将所采取的行动告知开证行,并要求开证行提供必要的内容。....(please sign in for more)
(24). The Issuing Bank, the Confirming Bank, if any, or a Nominated Bank acting on their behalf, shall each have a reasonable time, not to exceed seven banking days following the day of receipt of the documents, to examine the documents and determine whether to take up or refuse the documents and to inform the party from which it received the documents accordingly.
开证行、保兑行(如有),或代其行事的指定银行,应有各自的合理的审单时间--不得超过从其收到单据的翌日起算七个银行工作日,以便决定是接受或拒绝接受单据,并相应地通知寄单方。....(please sign in for more)
(25). When the Issuing Bank authorises another bank to pay, incur a deferred payment undertaking, accept Draft(s), or negotiate against documents which appear on their face to be in compliance with the terms and conditions of the Credit, the Issuing Bank and the Confirming Bank, if any, are bound to reimburse the Nominated Bank which has paid, incurred a deferred payment undertaking, accepted Draft(s), or negotiated.
当开证行授权另一家银行依据表面符合信用证条款的单据付款、承担延期付款责任、承兑汇票或议付时,开证行和保兑行(如有),应对已付款、已承担延期付款责任、已承兑汇票或已作议付的指定银行予以偿付。....(please sign in for more)
(26). Upon receipt of the documents the Issuing Bank and/or Confirming Bank, if any, or a Nominated Bank acting on their behalf, must determine on the basis of the documents alone whether or not they appear on their face to be in compliance with the terms and conditions of the Credit.
开证行及;或保兑行(如有),或代其行事的指定银行,收到单据后,必须仅以单据为依据,确定这些单据是否表面与信用证条款相符。....(please sign in for more)
(27). If the Issuing Bank and/or Confirming Bank, if any, or a Nominated Bank acting on their behalf, decides to refuse the documents, it must give notice to that effect by telecommunication or, if that is not possible, by other expeditious means, without delay but no later than the close of the seventh banking day following the day of receipt of the documents.
如开证行及;或保兑行(如有),或代其行事的指定银行,决定拒绝接单据,它必须不延误地以电讯方式通知有关方;如不可能用电讯方式通知时则以其它快捷方式通知此事,但不得迟于收到单据的翌日起算第七个银行工作日。....(please sign in for more)
(28). If the Issuing Bank and/or Confirming Bank, if any, fails to act in accordance with the provisions of this Article and/or fails to hold the documents at the disposal of, or return them to the presenter, the Issuing Bank and/or Confirming Bank, if any, shall be precluded from claiming that the documents are not in compliance with the terms and conditions of the Credit.
如开证行及;或保兑行(如有),未能按照本条的规定办理及或未能代为保管单据听候处理,或迳退交单人时,开证行及;或保兑行(如有),就无权宣称单据与信用证条款不符了。....(please sign in for more)
(29). If the remitting bank draws the attention of the Issuing and/or Confirming Bank, if any, to any discrepancy(ies)in the document(s)or advises such banks that it has paid, incurred a deferred payment undertaking, accepted Draft(s)or negotiated under reserve or against an indemnity in respect of such discrepancy(ies), the Issuing Bank and/or Confirming Bank, if any, shall not be thereby relieved from any of their obligations under any provision of this Article.
如寄单行向开证行及;或保兑行(如有)指出单据中的不符点,或通知开证行或保兑行:本行已经凭赔偿担保付款、承担延期付款责任、承兑汇票或议付,则开证行及;或保兑行(如有),并不因此而解除其在本条文项下的任何....(please sign in for more)
(30). Banks assume no any liability or responsibility for the description, quantity, weight, quality, condition, packing, delivery, value or existence of the goods represented by any document(s), or for the good faith or acts and/or omissions, solvency, performance or standing of the consignors, the carriers, the forwarders, the consignees or the insurers of the goods, or any other person whomsoever.
银行对于任何单据中有关的货物描述、数量、重量、质量、状况、包装、交货、价值或存在与否,对于货物的发货人、承运人、运输行、收货人或保险人或其它任何人的诚信、行为及;或疏忽、清偿能力、执行能力或信誉也概不....(please sign in for more)
(31). For the purposes of these Articles, Branches of a bank in different countries are considered another bank.
就本惯例而言,一家银行在不同国家设立的分支机构均同为另一家银行。....(please sign in for more)
(32). A beneficiary can in no case avail himself of the contractual relationships existing between the banks or between the Applicant and the Issuing bank.
受益人在任何情况下,不得利用银行之间或申请人与开证行之间的契约关系。....(please sign in for more)
(33). If an Issuing Bank intends that the reimbursement to which a paying, accepting or negotiating bank is entitled, shall be obtained by such bank (the"Claiming Bank"), claiming on another party (the"Reimbursing Bank"), it shall provide such Reimbursing Bank in good time with the proper instructions or authorisation to honour such reimbursement claims.
谋裁奌殂进輚叇仦鐀裶l倈乿裘l嬉仹毘蠾が戁兿衑扌謖亮裘l圈祇e"索偿行")履行偿付时,开证行应及时给偿付行发出对此类索偿予以偿付的适当指示或授权。....(please sign in for more)
(34). The reimbursing Bank’s charges should be for the account of the Issuing Bank. However, in cases where the charges are for the account of another party, it is the responsibility of the Issuing Banks to so indicate in the original Credit and in the reimbursement authorisation.
偿付行的费用应由开证行承担。然而,如费用系由其它方承担,则开证行有责任在原信用证中和偿付授权书中予以注明。....(please sign in for more)
(35). In cases where the Reimbursing Bank’s charges are for the account of another party they shall be collected from the Claiming Bank when the Credit is drawn under. In cases where the Credit is not drawn under, the Reimbursing Bank’s charges remain the obligation of the Issuing Bank.
如偿付行的费用系由其它方承担,则该费用应在支付信用证项下款项时向索偿行收取。如未支取,开证行仍有义务承担偿付行的费用。....(please sign in for more)
(36). If such terms are incorporated in the Credit, banks will accept the relative document(s)as presented, provided that it appears on its face to be in compliance with the other terms and conditions of the Credit and not to have been issued by the beneficiary.
如信用证中含有此类词语,只要所提交的单据表面与信用证其它条款相符,且单据又非由受益人出具者,银行将予接受。....(please sign in for more)
(37). Unless otherwise stipulated in the Credit, banks will also accept as an original document(s), a document(s)produced or appearing to have been produced by reprographic, automated or computerized systems, provided that it is marked as original and, where necessary, appears to be signed.
除非信用证另有规定,只要单据注明为正本,如必要时.已加签字,银行也将接受用影印、自动或电脑处理方法制作或看来是按该方法制作的单据作为正本单据....(please sign in for more)
(38). Unless otherwise stipulated in the Credit, a condition under a Credit calling for a document to be authenticated, validated, legalized, visaed, certified or indicating a similar requirement, will be satisfied by any signature, mark, stamp or label on such document that on its face appears to satisfy the above condition.
除非信用证另有规定,当信用证含有要求证实单据、使单据生效、使单据合法、签证单据、证明单据或对单据有类似要求的条件时,这些条件可由在单据上签字、标注、盖章或标签来满足,只要单据表面已满足上述条件即可。....(please sign in for more)
(39). Loading on board or shipment on a named vessel may be indicated by pre-printed wording on the bill of lading that the goods have been loaded on board a named vessel or shipped on a named vessel, in which case the date of issuance of the bill of lading will be deemed to be the date of loading on board and the date of shipment.
"货物已装上指名船只"或"货物已装运指名船只"的词语来表示,在此情况下,提单的出具日期即视为装船日期与装运日期。....(please sign in for more)
(40). In all other cases loading on board a named vessel must be evidenced by a notation on the bill of lading which gives the date on which the goods have been loaded on board, in which case the date of the on board notation will be deemed to be the date of shipment.
在所有其它情况下,装上指名船只这一内容,必须以提单上注明货物装船日期的批注来证实,在此情况下,装船批注日期即视为装运日期。....(please sign in for more)
(41). If the bill of lading contains the indication "intended vessel," or similar qualification in relation to the vessel, loading on board a named vessel must be evidenced by an on board notation on the bill of lading which, in addition to the date on which the goods have been loaded on board, also includes the name of the vessel on which the goods have been loaded, even if they have been loaded on the vessel named as the "intended vessel".
捓叐乕吊末"预期船"字样或类似有关限定船只的词语时,装上具名船只这一内容必须由提单上的装船批注来证实。该项装船批注除注明货物已装船的日期外,还应包括实际装货的船名,即使实际装货船只的名称为"预期船"....(please sign in for more)
(42). If the bill of lading indicates a place of receipt or taking in charge different from the port of loading, the on board notation must also include the port of loading stipulated in the Credit and the name of the vessel on which the goods have been loaded, even if they have been loaded on the vessel named in the bill of lading.
如提单上注明的收货地或接受监管地与装货港不同,货已装船的批注仍须注明信用证规定的装货港和实际装货船名,即使已装货船只的名称与提单注明的船只名称一致,亦应如此。....(please sign in for more)
(43). Even if the Credit prohibits transhipment, banks will accept a bill of lading which indicates that transhipment will take place as long as the relevant cargo is shipped in Container (s), Trailer(s)and/or "LASH" barge (s)as evidenced by the bill of lading, provided that the entire ocean carriage is covered by one and the same bill of lading. Article 24. Non-Negotiable Sea Waybill
即使信用证禁止转运,银行接受对注明将发生转运者的单据,只要提单上证实有关货物已由集装箱、拖车及;或子母船运输,并且同一提单包括海运全程运输。....(please sign in for more)
(44). Loading on board or shipment on a named vessel may be indicated by pre-printed wording on the non-negotiable sea waybill that the goods have been loaded on board a named vessel or shipped on a named vessel, in which case the date of issuance of the non-negotiable sea waybill will be deemed to be the date of loading on board and the date of shipment.
"货物已装上具名船只"或"货物已装具名船只"的词语来表示,在此情况下,非转让海运单的出具日期即视为装船日期与装运日期。....(please sign in for more)
(45). In all other cases loading on board a named vessel must be evidenced by a notation on the non-negotiable sea way bill which gives the date on which the goods have been loaded on board, in which case the date of the on board notation will be deemed to be the date of shipment.
在所有其它情况下,货物装上具名船只的内容,必须以非转让海运单上注明货物装船日期的批注加以证实。在此情况下,装船批注日期即视为装运日期。....(please sign in for more)
(46). In order to guard against confusion and misunderstanding, banks should discourage any attempt to include excessive detail in the Credit or in any amendment thereto.
为防止混淆和误解,银行应劝阻有关方勿在信用证或其任何修改书中,加注过多细节.....(please sign in for more)
(47). A Credit may be either revocable or irrevocable.
信用证可以是可撤销的或可撤销的。....(please sign in for more)
(48). The Credit, therefore, should clearly indicate whether it is revocable or irrevocable. In the absence of such indication the Credit shall be deemed to be irrevocable.
因此信用证上应明确注明是可撤销的或是不可撤销的,如无此项注明,应视为不可撤销的。....(please sign in for more)
(49). A document appears on its face to indicate the name of the carrier or multimodal transport operator and to have been signed by the carrier or multimodal transport operator or a named agent for or on behalf of the carrier or multimodal transport operator ,or otherwise authenticated.
该单据表面注明承运人的名称或多式运输营运人的名称,并由承运人或多式运输营运人或作为承运人或多式运输营运人的具名代理或代表签字或以其它方式证实.....(please sign in for more)
(50). Dispatch, taking in charge or loading on board may be indicated by wording to that effect on the multimodal transport document and the date of issuance will be deemed to be the date of dispatch, taking in charge or loading on board and the date of shipment.
发运、接受监管或装载,可在多式运输单据上以文字表明,且出单日期即视为发运、接受监管或装载日期及装运日期。....(please sign in for more)
(51). A document indicates the place of taking in charge stipulated in the Credit which may be different from the port, airport or place of loading, and the place of final destination stipulated in the Credit which may be different from the port, airport or place of discharge
该单据注明信用证规定的货物接受监管地,该接受监管地可以不同于装货港、装货机场和装货地,及;或注明信用证规定的最终目的,该最终目的地可以与卸货港、卸货机场或卸货地不同.....(please sign in for more)
(52). A document appears to contain all of the terms and conditions of carriage, or some of such terms and conditions by reference to a source or document other than the multimodal transport document(short form/blank back multimodal transport document); banks will not examine the contents of such terms and conditions
含有全部承运条件或部分承运条件须参阅多式运输单据以外的某一出处或文件(属简式;背面空白的多式运输单据)单据者,银行对此类承运条件的内容不予审核。....(please sign in for more)
(53). For the purpose of this Article, the information appearing in the box on the air transport document(marked "For Carrier Use Only" or similar expression)relative to the flight number and date will not be considered as a specific notation of such date of dispatch.
"仅供承运人使用"或类似说明)内所表示的有关航班号和起飞日的信息不能视为发运日期的专项批注。....(please sign in for more)
(54). A document appears on its face to indicate the name of the carrier and to have been signed or otherwise authenticated by the carrier or a named agent for or on behalf of the carrier and/or to bear a reception stamp or other indication of receipt by the carrier or a named agent for or on behalf of the carrier.
单上注明承运人的名称并且已由承运人或作为承运人的具名代理或代表签字或以其它方式证实,及;或载有承运人或作为承运人的具名代理或代表的货物收妥印章或其它收妥的标志。....(please sign in for more)
(55). A document indicates that the goods have been received for shipment, dispatch or carriage or wording to this effect. The date of issuance will be deemed to be the date of shipment unless the transport document contains a reception stamp, in which case the date of the reception stamp will be deemed to be the date of shipment
单上注明货物已收妥待运、发运或承运或类似意义的词语,除非运输单据上盖有收妥印章,否则运输单据的出具日期即视为装运日期。在加盖收妥印章的情况下,盖章的日期即视为装运日期.....(please sign in for more)
(56). In the absence of any indication on the transport document as to the numbers issued, banks will accept the transport document(s)presented as constituting a full set. Banks will accept as original(s)the transport document(s)whether marked as original(s)or not.
如运输单据未注明出具份数,银行将接受所提交的运输单据,并视之为全套正本。不论运输单据上是否注明为正本,银行将作为正本予以接受。....(please sign in for more)
(57). For the purpose of this Article, transhipment means unloading and reloading from one means of conveyance to another means of conveyance, in different modes of transport, during the course of carriage from the place of shipment to the place of destination stipulated in the Credit.
就本条款而言,转运指在信用证规定的装运地到目的地之间的运输过程中,以不同的运输方式,从一种运输工具卸下再装至另一种运输工具的运输。....(please sign in for more)
(58). Even if the Credit prohibits transhipment, banks will accept a road, rail, or inland waterway transport document which indicates that transhipment will or may take place, provided that the entire carriage is covered by one and the same transport document and within the same mode of transport.
即使信用证禁止转运,银行也将接受单据上注明货物将转运或可能发生转运的公路、铁路或内河运输单据,只要运输的全过程包括在同一运输单据内,并使用同一运输方式即可。....(please sign in for more)
(59). A document appears on its face to indicate the name of the courier/service, and to have been stamped, signed or otherwise authenticated by such named courier/service (unless the Credit specifically calls for a document issued by a named Courier/Service, banks will accept a document issued by any Courier/Service)
正面注明专递;快递机构的名称,并由该具名的专递;快递机构盖戳、签字或以其它方式证实的单据(除非信用证特别规定由指定的专递;快递机构出具单据,否则银行将接受由任何专递;快递机构出具的单据).....(please sign in for more)
(60). A document does not indicate, in the case of carriage by sea or by more than one means of conveyance including carriage by sea, that the goods are or will be loaded on deck. Nevertheless, banks will accept a transport document which contains a provision that the goods may be carried on deck, provided that it does not specifically state that they are or will be loaded on deck.
海运或包括海运在内的一种以上运输方式,未注明货物已装舱面或将装于舱面。然而,运输单据内有货物可能装于舱面的规定,但未特别注明货物已装舱面或将装舱面,银行对该种运输单据予以接受.....(please sign in for more)
(61). Unless otherwise stipulated in the Credit, or inconsistent with any of the documents presented under the Credit, banks will accept transport documents stating that freight or transportation charges (hereafter referred to as "freight")have still to be paid.
"运费")待付的运输单据。货物已装舱面或将装舱面,银行对该种运输单据予以接受.....(please sign in for more)
(62). A Credit may be advised to a beneficiary through another bank(the "Advising bank")without engagement on the part of the Advising bank.
信用证可经另一家银行("通知行")通知受益人,但通知行无须承担付款承诺之责任。....(please sign in for more)
(63). But that bank, if it elects to advise the Credit, shall take reasonable care to check the apparent authenticity of the Credit, which it advises.
如通知行决定通知,就应合理审慎地核验所通知的信用证的表面真实性。....(please sign in for more)
(64). If the bank elects not to advise the Credit, it must so inform the Issuing bank without delay.
如通知行决定不通知,就必须不延误地告知开证行。....(please sign in for more)
(65). A revocable Credit may be amended or cancelled by the Issuing bank at any moment and without prior notice to the beneficiary.
可撤销的信用证可以由开证行随时修改或撤销,不必事先通知受益人。....(please sign in for more)
(66). If a Credit stipulates that the transport document has to indicate that freight has been paid or prepaid, banks will accept a transport document on which words clearly indicating payment or prepayment of freight appear by stamp or otherwise, or on which payment or prepayment of freight is indicated by other means.
如信用证规定运输单据中必须表明运费付讫或已预付,银行将接受以戳记或以其它方式清楚地表明运费付讫或已预付的词语,或用其它方法表明运费付讫的运输单据。....(please sign in for more)
(67). Banks will accept transport documents bearing reference by stamp or otherwise to costs additional to the freight, such as costs of, or disbursements incurred in connection with, loading, unloading or similar operations, unless the conditions of the credit specifically prohibit such reference.
银行将接受以戳记或其它方式提及运费以外的附加费用,诸如有关装卸或其它类似作业所发生的费用或开支的运输单据,除非信用证条款明确禁止接受此类运输单据,则不能接受。....(please sign in for more)
(68). Unless otherwise stipulated in the Credit, or unless it appears from the insurance document that the cover is effective at the latest from the date of loading on board or dispatch or taking in charge of the goods, banks will not accept an insurance document which bears a date of issuance later than the date of loading on board or dispatch or taking in charge as indicated in such transport document.
除非信用证另有规定,或除非保险单据表明保险责任最迟于装船或发运或接受监管日起生效,否则银行对载明签发日期迟于运输单据上注明的装船或发运或接受监管日期的保险单据将不予接受。....(please sign in for more)
(69). Unless otherwise stipulated in the Credit, the minimum amount for which the insurance document must indicate the insurance cover to have been effected is the CIF(cost, insurance and freight("named port of destination"))or CIP(carriage and insurance paid to("named place of destination"))value of the goods, as the case may be, plus 10%, but only when the CIF or CIP value can be determined from the documents on their face.
"指定的目的港"))或CIP价(运费和保险费付至(……"指定目的地"))之金额加20%。但这仅限于能从货运单据上确定CIF或CIP价值的情况。....(please sign in for more)
(70). There a Credit stipulates "insurance against all risks", banks will accept an insurance document which contains any "all risks" notation or clause, whether or not bearing the heading "all risks", even if the insurance document indicates that certain risks are excluded, without responsibility for any risk(s)not being covered.
"投保一切险"时,银行将接受含有任何"一切险"批注或条文的保险单据,不论其有无"一切险"标题,甚至表明不包括某种险别。银行对未经投保的任何险别不予负责。....(please sign in for more)
(71). Nevertheless, if a bank authorised to pay, incur a deferred payment undertaking, accept Draft(s), or negotiate under a Credit accepts such invoices, its decision will be binding upon all parties, provided that such bank has not paid, incurred a deferred payment undertaking, accepted Draft(s)or negotiated for an amount in excess of that permitted by the Credit.
但是,如信用证项下受权付款、承担延期付款责任、承兑汇票或议付的银行,一旦接受此类发票,只要该银行所作出的付款、承担延期付款责任、已承兑汇票或已议付的金额没有超过信用证所允许的金额,则此项决定对各有关方....(please sign in for more)
(72). If a Credit calls for an attestation or certification of weight in the case of transport other than by sea, bank will accept a weight stamp or declaration of weight which appears to have been superimposed on the transport document by the carrier or his agent unless the Credit specifically stipulates that the attestation or certification of weight must be by means of a separate document.
在采用除海运以外的运输方式的情况下,如信用证要求提交重量证明,除非信用证明确规定此项重量证明必须另行提供单据外,银行将接受承运人或其代理人加盖于运输单据上的重量戳记或重量声明。....(please sign in for more)
(73). The words "about," "approximately," "circa" or similar expressions used in connection with the amount of the Credit or the quantity or the unit price stated in the Credit are to be construed as allowing a difference not to exceed 10% more or 10% less than the amount or the quantity or the unit price to which they refer.
á"约""大概"、"大约"或类似的词语用于信用证金额、货物、数量和单价时,应解释为有关金额、数量或单价不超过20%的增减幅度。....(please sign in for more)
(74). Unless a Credit which prohibits partial shipments stipulates otherwise, or unless sub-Article(b)above is applicable, a tolerance of 5% less in the amount of the drawing will be permissible, provided that if the Credit stipulates the quantity of the goods, such quantity of goods is shipped in full, and if the Credit stipulates a unit price, such price is not reduced.
除非禁止分批装运的信用证上另有规定或除非已适用本条(b)款者,当信用证对货物的数量有规定,且货物已全数装运,以及当信用证对单价有规定,而此单价又末降低的条件下,允许支取的金额有5%的减幅。....(please sign in for more)
(75). Transport documents which appear on their face to indicate that shipment has been made on the same means of conveyance and for the same journey, provided they indicate the same destination, will not be regarded as covering partial shipments, even if the transport documents indicate different dates of shipment and/or different ports of loading, places of taking in charge, or dispatch.
运输单据上表面注明货物系使用同一运输工具并经同一路线运输的,即使每套运输单据注明的装运日期不同及;或装货港、接受监管地、发运地不同,只要运输单据注明的目的地相同,也不视为分批装运。....(please sign in for more)
(76). Shipments made by post or by courier will not be regarded as partial shipments if the post receipts or certificates of posting or courier’s receipts or dispatch notes appear to have been stamped, signed or otherwise authenticated in the place from which the Credit stipulates the goods are to be dispatched, and on the same date.
货物经邮寄或专递发运,如邮政收据或投邮证明或专递收据或发运通知,是在信用证规定的发货地加盖戳记、或签署或以其它方式证实并且日期相同,则不视为分批装运。....(please sign in for more)
(77). If the Credit provides for sight payment-to pay at sight
对即期付款的信用证--开证行应即期付款....(please sign in for more)
(78). If the Credit provides for deferred payment-to pay on the maturity date(s)determinable in accordance with the stipulations of the Credit
对延期付款的信用证--开证行应按信用证规定所确定的到期日付款....(please sign in for more)
(79). If the Credit provides for acceptance by the Issuing bank-the Issuing bank should accept Draft(s)drawn by the beneficiary on the Issuing bank and pay them at maturity
对于承兑信用证,凡汇票由开证行承兑者--开证行应承兑受益人出具的以开证行为付款人的汇票,并于到期日支付票款.....(please sign in for more)
(80). If the Credit provides for negotiation-the Issuing bank should pay without recourse to drawers and/or bona fide holders, Draft(s)drawn by the beneficiary and/or document(s)presented under the Credit.
对议付信用证--开证行应根据受益人依照信用证出具的汇票及;或提交的单据向出票人及;或善意持票人履行付款,不得追索。....(please sign in for more)
(81). If drawings and/or shipments by instalments within given periods are stipulated in the Credit and any instalment is not drawn and/or shipped within the period allowed for that installment, the Credit ceases to be available for that and any subsequent installments, unless otherwise stipulated in the Credit.
信用证规定在指定的不同期限内分期支款及;或分期装运,如其中任何一期未按信用证所规定的期限支款及;或装运,则信用证对该期及以后各期均失效。但信用证另有规定者除外。....(please sign in for more)
(82). If an Issuing Bank states that the Credit is to be available "for one month," "for six months," or the like, but does not specify the date from which the time is to run, the date of issuance of the Credit by the Issuing Bank will be deemed to be the first day from which such time is to run.
徂谋裁汌曨伎痡謨盁构攉杈队乐:"一个月"、"六个月"或类似规定,但未指明自何日起算者,开证行开证日即视为起算日。....(please sign in for more)
(83). In addition to stipulating an expiry date for presentation of documents, every Credit which calls for a transport document(s)should also stipulate a specified period of time after the date of shipment during which presentation must be made in compliance with the terms and conditions of the Credit.
凡要求提交运输单据的信用证,除规定一个交单到期日外,尚须规定一个在装运日后按信用证条款规定必须交单的特定期限。....(please sign in for more)
(84). The bank to which presentation is made on such first following business day must provide a statement that the documents were presented within the time limits extended in accordance with sub-Article 44(a)of the Uniform Customs and Practice for Documentary Credits, 1993 Revision, ICC Publication No. 500.
于顺延后的第一个营业日接受单据的银行,必须申明单据系根据跟单信用证统一惯例,2993年修订本,国际商会第500号出版物第四十四条(a)款规定的顺延期限内所提交。....(please sign in for more)
(85). Unless otherwise stipulated in the Credit, the expression "shipment" used in stipulating an earliest and/or a latest date for shipment will be understood to include expressions such as, "loading on board," "dispatch," "accepted for carriage," "date of post receipt," "date of pick-up," and the like, and in the case of a credit calling for a multimodal transport document the expression "taking in charge."
"装运"一词,其意义应理解为包括诸如"装船"、"发运"、"接收备运"、"邮政收据日期"、"取件日期"和类似表述,如信用证要求多式运输单据时,还包括"接受监管"这一涵义。....(please sign in for more)
(86). A transferable Credit is a Credit under which the beneficiary(First beneficiary)may request the bank authorised to pay, incur a deferred payment undertaking, accept or negotiate (the "Transferring Bank"), or in the case of a freely negotiable Credit, the bank specifically authorised in the Credit as a Transferring Bank, to make the Credit available in whole or in part to one or more other beneficiary(ies)(Second beneficiary(ies)).
"转让行"),或当信用证是自由议付时,可以要求信用证中特别受权的转让银行,将该信用证全部或部分转让给一个或数个受益人(第二受益人)使用的信用证。....(please sign in for more)
(87). At the time of making a request for transfer and prior to transfer of the Credit, the First beneficiary must irrevocably instruct the Transferring Bank whether or not he retains the right to refuse to allow the Transferring Bank to advise amendments to the Second beneficiary(ies).
在申请转让时并在信用证转出之前,第一受益人必须不可撤销地指示转让银行,说明它是否保留拒绝允许转让行将修改通知给第二受益人的权利。....(please sign in for more)
(88). If a Credit is transferred to more than one Second beneficiary(ies), refusal of an amendment by one or more Second beneficiary(ies)does not invalidate the acceptance(s)by the other Second beneficiary(ies)with respect to whom the Credit will be amended accordingly.
如信用证转让给一个以上的第二受益人,其中一个或几个第二受益人拒绝接受信用证的修改,此举并不影响其它第二受益人接受修改。....(please sign in for more)
(89). Fractions of a transferable Credit(not exceeding in the aggregate the amount of the Credit)can be transferred separately, provided partial shipments/drawings are not prohibited, and the aggregate of such transfers will be considered as constituting only one transfer of the Credit.
只要不禁止分批装运;分批支款,可转让信用证可以分为若干部分予以分别转让(但总和不超过信用证金额),这些转让的总和将被认为该证只转让了一次。....(please sign in for more)
(90). In addition, the name of the First beneficiary can be substituted for that of the Applicant, but if the name of the Applicant is specifically required by the original Credit to appear in any document(s)other than the invoice, such requirement must be fulfilled.
此外,可以用第一受益人的名称替代原信用证申请人的名称。但是,原证中如明确要求原申请人的名称应在除发票以外的单据上出现时,该项要求应予做到。....(please sign in for more)
(91). The First beneficiary has the right to substitute his own invoice(s)(and Draft(s))for those of the Second beneficiary(ies), for amounts not in excess of the original amount stipulated in the Credit and for the original unit prices if stipulated in the Credit.
第一受益人有权用自己的发票(和汇票)替换第二受益人提交的发票(和汇票),其金额不得超过原信用证金额,如信用证对单价有规定,应按原单价出具发票。....(please sign in for more)
(92). When a Credit has been transferred and the First beneficiary is to supply his own invoice(s)(and Draft(s))in exchange for the Second beneficiary’s(ies’)invoice(s)(and Draft(s))but fails to do so on first demand, the Transferring Bank has the right to deliver to the Issuing Bank the documents received under the transferred Credit, including the Second beneficiary’s(ies’)invoice(s)(and Draft(s))without further responsibility to the First beneficiary.
当信用证已经转让,并且第一受益人要提供自己的发票(和汇票)以替换第二受益人的发票(和汇票),但第一受益人未能在有关方首次要求他这样做时按此办理,则转让行有权将所收到的已转让信用证项下的单据,包括第二受....(please sign in for more)
(93). If the Credit provides for sight payment-the Confirming bank should pay at sight
对即期付款的信用证--保兑行应即期付款....(please sign in for more)
(94). If the Credit provides for deferred payment-the Confirming bank should pay on the maturity date(s)determinable in accordance with the stipulations of the Credit
对延期付款的信用证--保兑行应按信用证规定所确定的到期日付款....(please sign in for more)
(95). If the Credit provides for acceptance by the Confirming bank-the Confirming bank should accept Draft(s)drawn by the beneficiary on the Confirming bank and pay them at maturity.
对于承兑信用证,凡汇票由保兑行承兑者--保兑行应承兑受益人出具的以保兑行为付款人的汇票,并于到期日支付票款....(please sign in for more)
(96). If the Credit provides for negotiation-the Confirming bank should negotiate without recourse to drawers and/or bonafide holders, Draft(s)drawn by the beneficiary and/or document(s)presented under the Credit.
对议付信用证--保兑行应根据受益人依照信用证出具的汇票及;或提交的单据,对出票人及;或善意持票人予以议付,不得追索。....(please sign in for more)
(97). The First beneficiary may request that payment or negotiation be effected to the Second beneficiary(ies)at the place to which the Credit has been transferred up to and including the expiry date of the Credit, unless the original Credit expressly states that it may not be made available for payment or negotiation at a place other than that stipulated in the Credit.
除非原信用证明确表明不得在原信用证规定以外的地方办理付款或议付,否则,第一受益人可以要求在信用证的受让地,并在信用证到期日内,对第二受益人履行付款或议付。....(please sign in for more)
(98). Discharge any attempt to give instructions to issue, advise or confirm a Credit by reference to a Credit previously issued (similar Credit)where such previous Credit has been subject to accepted amendment(s), and/or unaccepted amendment(s)
在指示开立、通知或保兑一个信用证时,勿引用先前开立的信用证(参照前证),而该前证受到已被接受及;或未被接受的修改所约束。....(please sign in for more)
(99). An irrevocable Credit constitutes a definite undertaking of the Issuing bank, provided that the stipulated documents are presented to the Nominated bank or to the Issuing bank and that the terms and conditions of the Credit are complied with.
对不可撤销的信用证而言,在信用证规定的单据全部提交指定银行或开证行,并且这些单据又符合信用证条款的规定时,便构成开证行的确定承诺.....(please sign in for more)
(100). A Credit should not be issued available by Draft(s)on the Applicant. If the Credit nevertheless calls for Draft(s)on the Applicant, banks will consider such Draft(s)as an additional document(s).
开立信用证时不应以信用证申请人作为汇票付款人。如信用证仍规定汇票付款人为申请人,银行将视此汇票为附加的单据。....(please sign in for more)
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