[原创]一些常见的在附加条款中出现的非单据化条款

[原创]一些常见的在附加条款中出现的非单据化条款
1.遵循惯例条款
1）REIMBURSEMENT UNDER THIS CREDIT ARE SUBJECT TO U.R.R. PUBLICATION 525 I.C.C. WHERE APPLICABLE.
2）THIS CREDIT IS OPERATIVE AND APPLY UNIFORM CUSTOMS 1993 REVISION PUBLICATION 500.
3）THIS CREDIT IS SUBJECT TO ICC PUBLICATION NO.500 1993 REVISION. REIMS ARE SUBJECT TO U.R.R. NO.525.
4）THIS CREDIT IS SUBJECT TO UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS 1993 RIVISION, INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 500.
2.不允许保函议付
DOCUMENTARY CONTAINING ANY DISCRPANCY MUST NOT BE NEGOTIATED EVEN AGAINST GUARANTEE OR UNDER RESERVE WITHOUT OUR PRIOR APPROVAL.
3.分次寄单条款
SIX COPIES OF INVOICES TO BE SENT WITH ORIGINAL SET OF DOCUMENTS BY FIRST CLASS COURIER MAIL AND TWO COPIES OF INVOICES WITH DUPLICATE SET BY SUBSEQUENT MAIL.
4.议付行在信用证上背书条款
AMOUNT OF DRAFT NEGOTIATED SHOULD BE ENDORSED ON THE REVERSE SIDE OF THE CREDIT.
5.索偿条款
1）不允许电索条款TT REIMBUSEMENT IS NOT ALLOWED.
2）IN REIMBURSEMENT PLEASE DRAW AS PER OUR ARRANGEMENT ON OUR ACCOUNT NO.000135402 （USD）WITH THE HONGKONG AND SHANGHAI BANKING CORPORATION LTD., NEWYORK OFFICE,
MIDTOWN MANHATTAN AT 5TH AVENUE AND 40TH STREET, NEW YORK, USA UNDER ADVICE TO US ACCOMPANIED BY A CERTIFICATE STATING THAT THE TERMS AND CONDITIONS OF THE CREDIT HAVE BEEN COMPLIED WITH.
3）THE DISCREPANCY FEE OF USD70.00（OR EQUIVALENT）SHOULD BE DEDUCTED FROM YOUR REIMBURSEMENT CLAIM TO THE REIMBURSING BANK OR WILL BE DEDUCTED FROM PROCEEDS BY US IF DOCUMENTS ARE PRESENTED WITH DISCREPANCIY（IES）.
4）PAYMENT TO BENEFICIARIES UNDER RESERVE OR AGAINST INDEMINITY BY DEBITING OUR ACCOUNT OR BY DRAWING ON THE REIMBURSING BANK BEFORE OUR PRIOR APPROVAL IS NOT AUTHORIZED.
5）PLEASE ADVISE US BY CABLE/ SWIFT/ TELEX ALL YOUR NEGOTIATIONS/ PAYMENT AT LEAST FIVE BANK WORKING DAYS PRIOR TO YOUR CLAIMING REIMBURSEMENT, CLEARLY SPECIFYING THE AMOUNT CLAIMED, THE VALUE DATE AND OUR L/C NUMBER.
6.允诺付款条款
WE SHALL REMIT PROCEEDS UPON RECEIPT BY US OF RELATIVE DOCUMENTS STRICTLY COMPLIED WITH THE TERMS AND CONDITONS OF THIS CREDIT.
7. ALL PARTIES TO THE LETTER OF CREDIT ARE ADVISED THAT THE U.S. GOVERNMENT HAS IN PLACE CERTAIN SANCTION AGAINST THE COUNTRIES OF LIBYA, IRAN, CUBA, SUDAN, BURMA（MYANMAR）RELATED ENTITIES AND OTHER INDIVIDUALS SUBJECT TO U.S. SANCTIONS.
IN ADDITION, LIMITED SANCTIONS , EXIST AGAINST THE GOVERNMENTS OF SYRIA, IRAQ, NORTH KOREA, IMPORTS OF ROUGH DIAMOND FROM LIBERIA AND SIERRA LEONE. UNDER THESE SANCTION, CITIBANK N.A. IS/WILL BE PROHIBITED FROM ENGAGING IN TRANSACTIONS THAT MAY FALL WITHIN THE GUIDELINES OF SUCH SANTIONS.
WE RESERVE THE RIGHT TO REFUSE TO BECOME A PARTY TO ANY TRANSACTION THAT MAY VIOLATE SUCH U.S. SANCTIONS, AND ACT IN ACCORDANCE WITH THE GUIDELINES OF SUCH SANCTIONS.
8.DISCREPANT DOCUMENTS IF REQUIRED TO BE HANDLED UNDER THIS CREDIT, THE SAME MAY BE SENT TO US ENTIRELY ON COLLECTION BASIS QUOTING REFERENCE OF THIS CREDIT AND MAKING OF THE RELATIVE AMOUNT THERFROM UNLESS GUARANTEE OF THE NOMINATED/NEGOTIATING BANK IS PROVIDED TO COVER THE DISCREPANCIES.
9.对语言和正副本的要求
DOCS MUST BE MARKED AS ‘ORIGINAL’ OR ‘COPY’ AND ISSUED IN ENGLISH LANGUAGE.ALL DOCUMENTS CALLED FOR UNDER THIS CREDIT, EXCEPT THOSE WHICH THE CREDIT SPECIFICALLY STATES CAN BE ‘COPIES’, MUST BE CLEARLY MARKED ON THEIR FACE AS
‘ORIGINAL’.
10. 保证付款条款
WE HEREBY ENGAGE WITH DRAWERS AND/OR BONAFIDE HOLDERS THAT DRAFTS DRAWN AND NEGOTIATED IN CONFORMITY WITH THE
TERMS OF THIS CREDIT WILL BE DULY HONOURED AT MATURITY. 11. 利息计算条款
1）INTREST FOR USANCE PERIOD NOT EXCEEDING LIBOR RATE ARE ON OPENER’S A/C. INCASE OF PREMATURE PAYMENT INTEREST WILL BE PAID PROPORTIONATELY.
2）INTEREST FOR 150 DAYS FROM THE DATE OF ACCEPTANCE UPTO THE SETTLEMENT DATE OF IMPORT BILL ON APPLICANT’S ACCOUNT AT ‘LIBOR’ IF PAYMENT EFFECTED BEFORE 150 DAYS INTEREST WILL BE REDUCED PROPORTIONATELY.
12.超过金额需通知条款
ALL NEGOTIATING EXCEEDING USD10000.00 OR ITS EQUIVALENT MUST BE ADVISED TO US BY TESTED TELEX 5 WORKING DAYS PRIOR TO VALUE DATE.
13. 假远期条款
USANCE BILLS DRAWN HEREUNDER ARE TO BE NEGOTIATED AT SIGHT. ACCEPTANCE COMMISSIONS AND DISCOUNT CHARGES ARE FOR BUYER’S ACCOUNT.
14.不符单据需提前通知条款
SHOULD THE NEGOTIATING BANK FOR WHATEVER REASON, DECIDE TO NEGOTIATE ANY BILLS DRAWN UNDER THIS DOCUMENTARY CREDIT UNDER RESERVE OR AGAINST AN INDEMNITY OR ANY OTHER FORM OF RECOURSE THEN ALL DISCREPANCIES MUST BE ADVISED BY TELEX TO THE OPENING BANK FOR ACCEPTANCE OR REFUSAL AND NEGOTIATION IS EFFECTED ONLY AFTER ACCEPTANCE OF DISCREPANCIES BY THE OPENING BANK.
15. AT THE BEST CONVENIENCE OF NEGOTIATING BANK ON DUE DATE AND ON RECEIPT OF CONFORM DOCUMENTS AT OUR COUNTERS.
16. 附件是信用证一部分条款
ALL OTHER TERMS AS PER ATTATCHED SHEET NO. 2 WHICH FORMS INTEGRAL PART OF THIS CREDIT.
17. 要求额外一套单据条款
ONE ADDITIONAL COPY/ PHOTOCOPY EACH OF THE RELATIVE INVOICE （S）AND TRANSPORT DOCUMENTS ARE REQUIRED TO BE PRESENTED TOGETHER WITH THE DOCU MENTS FOR THE ISSUING BANK’S RETENTION, OTHERWISE USD10.00 OR EQUIVALENT WILL BE DEDUCTED FROM PAYMENT IN EXTRA COPY OF INVOICES AND TRANSPORT DOCUMENTS NOT PRESENTED.
18. 对转让行的要求的条款
1）WHEN THE NOMINATED BANK IS REQUESTED TO TRANSFER THE WHOLE OR PART OF THIS CREDIT WITHOUT SUBSTITUTION, THEN THE NAME OF THE TRANSFEREE MUST BE ADVISED TO THE ISSUING BANK BY TESTED TELETRANSMISSION, AND MUST CONFIRM THAT THE
AMOUNT OF SUCH TRANSFER HAS BEEN ENDORSED ON THE CREIDT. ANY BANK, OTHER THAN THE ADVISING BANK, REQUESTED TO TRANSFER THIS CREDIT, MUST REQUEST THE PERMISSION OF THE ISSUING BANK BY TESTED TELETRANSMISSION. THIS PERMISSION, IF GRANTED, WILL BE GIVEN IN THE FORM OF A FROMAL AMENDMENT.
19.对多套单据额外收费的条款
1）IT IS A CONDITION OF THIS CREDIT THAT FOR EACH DRAWING/ PRESENTATION UNDER THIS CREDIT CONTAINING MORE THAN THREE SETS OF DOCUMENTS WE WILL VIEW EACH SET OF DOCUMENTS AS A SEPARATE PRESENTATION. A CHARGE OF USD50.00 OR EQUIVALENT FOR EACH ADDITIONAL SET OF DOCUMENTS PRESENTED WILL BE DEDUCTED FROM PROCEEDS.
2）IF YOUR PRESENTATION SCHEDULE CONTAINS MORE THAN ONE SET OF TRANSPORT DOCUMENTS, WHICH RELATE TO MULTIPLE SETS OF DOCUMENTS, THERE WILL BE A CHARGE OF USD50.00 FOR EACH SET OF TRANSP ORT DOCUMENTS PRESENTED FOR BENEFICIARY’S ACCOUNT WHICH SHALL BE DEDUCTED FROM PROCEEDS AT TIME OF PAYMENT.
20.PRESENTATION OF DOCUMENTS THAT ARE NOT ON THEIR FACE IN COMPLIANCE WITH APPLICABLE ANTI-BOYCOTT, ANTI-TERRORISM AND ANTI-MONEY LAUNDERING LAWS AND REGULATIONS IS NOT ACCEPTABLE. APPLICABLE LAWS MAY INCLUDE UNITED NATIONS AND LOCAL LAWS.
21. 放单免责条款
1）DOCUMENTARY DISPOAL CONDITIONS ISCREPANT DOCUMENTS P RESENTED WILL BE REJECTED AND HELD AT THE PRESENTER’S DISPOSAL. HOWEVER, IF OUR TRADE SERVICES DEPARTMENT DOES NOT ACTUALLY RECEIVE THE PRESENTER’S INSTRUCTION TO RETURN THE DOCUMENTS BY THE TIME THE APPLICANT HAS ACCEPTED
AND/OR PAID FOR THE DOCUMENTS.
WE, AT OUR SOLE DISCRETION, MAY RELEASE THE DOCUMENTS TO THE APPLICANT WITHOUT REFERENCE TO THE PRESENTER. IF THE DOCUMENTS ARE SO RELEASED, WE SHALL BE DEEMED TO HAVE ACCEPTED THE DOCUMENTS BUT SHALL NOT BE UNDER ANY OTHER LIABILITIES TO THE BENEFICIARY, NEGOTIATING BANK, PRESENTER, OR ANY PARTIES.
2）NOTWITHSTANDING THE PRIVISIONS OF UCP 500, IF WE GIVE NOTICE OF REFUSAL OF DOCUMENTS PRESENTED UNDER THIS CREDIT WE SHALL HOWEVER RETAIN THE RIGHT TO ACCEPT A WAIVER OF DISCREPANCIES FROM THE APPLICANT AND, SUBJECT TO SUCH WAIVER BEING ACCEPTABLE TO US, TO RELEASE DOCUMENTS AGAINST THAT WAIVER WITHOUT REFERENCE TO THE PRESENTER PROVIDED THAT NO WRITTEN INSTRUCTIONS TO THE CONTRARY HAVE BEEN RECEIVED BY US FROM THE PRESENTER BEFORE THE RELEASE OF DOUCMENTS.
ANY SUCH RELEASE PRIOR TO RECEIPT OF CONTRARY INSTRUCTIONS SHALL NOT SONSTITUTE A FAILURE ON OUR PART TO HOLD THE DOUCMENTS AT THE PRESENTER’S RISKS AND DISPOSAL, AND WE WILL HAVE NO LIBILITY TO THE PRESENTER IN RESPECT OF ANY SUCH RELEASE.
22. 罚款条款
1）PENALTY FOR LATE SHIPMENT10 PERCENT OF GOODS VALUE WILL BE DEDUCTED FROM INVOICE FROM INVOICE FOR EACH WEEK DELAY. THIS PENALTY IS APPLICABLE FROM THE FIRST WEEK OF DELAY AFTER
LATEST SHIPMENT DATE STIPULATED IN THIS L/C.
2）PENALTY FOR LATE PRESENTATION OF DOCUMENTS IS USD200.00 23. 对通知行的指示
PLEASE ACKNOWLEDGE RECEIPT IMMEDIATELY.
24.开证行的特殊工作时间安排
1）PLEASE BE INFORMED THAT SATURDAY IS TO BE CONSIDERED A NON-BANKING BUSINESS DAY FOR OUR TRADE FINANCE PROCESSING/ OPERATIONS UNIT ALTHOUGH OUR BANK MAY OTHERWISE BE OPEN FOR BUSINESS.
2）IN CASE PAYMENT DUE-DATE FALLS ON SATURDAY, SUNDAY, OR OTHER OFFICIAL HOLIDAYS IN INDONESIA, THEN PAYMENT SHALL BE MADE FOR VALUE ON IMMEDIATE FOLLOWING BANKING（WORKING）DAY.
25. 不接受日期早于开证日的单据
DOCUMENTS DATED PRIOR TO DATE OF THIS CREDIT NOT ACCEPTABLE。

26. SHIPMENT EFFECTED AFTER LATEST SHIPMENT DATE AS SPECIFIED IN SHIPMENT SCHEDULE IS ACCEPTABLE AGAINST PRESENTATION OF THE APPLICANT’S PURCHASE ORDER AMENDMENT WHICH MUST STATE AN APPROVED LATEST SHIPMENT DATE.
THE APPROVED LATEST SHIPMENT DATE（S）IS REGARDED AS THE FINAL SHIPMENT DATE BUT IN ANY EVENT MUST NOT LATER THAN THE EXPIRY DATE OF THIS CREDIT.
THE APPLICANT’S PURCHASE ORDER AMENDMENT MUST BE ISSUED AND SIGNED BY ANY ONE OF THE AUTHORIZED SIGNATORY（IES）OF THE APPLICANT.
WHOSE SIGNATURE AND ANY SEAL OR CHOP REQUIRED BY THE ISSUING BANK’S MANDATE MUST BE IN CONFORMITY WITH THE RECORD HELD IN THE ISSUING BANK’S FILE.
27. 交单期条款
1）DOCUMENTS UNDER THIS LETTER OF CREDIT MUST BE PRESENTED FOR NEGOTIATION WITHIN 40 DAYS FROM THE SHIPMENT DATE OR 21 DAYS FROM THE DATE OF THE LETTER OF RELEASE, WHICHEVER IS LATER, PROVIDED THAT THIS NOT LATERTHAN THE EXPIRY DATE OF THIS LETTER OF CREDIT.
2）DOCUMENTS TO BE PRESENTED WITHIN 21 DAYS AFTER THE DATE OF SHIPMENT, HOWEVER WITHIN THE CREDIT VALIDITY.
28. 费用条款
AN ADDITIONAL FEE OF USD35.00 OR EQUIVALENT PER MONTH WILL BE DEDUCTED FROM THE PROCEEDS IF THE DOCUMENTS REMAIN UNACCEPTED/ UNPAID FOR MORE THAN ONE MONTH AFTER OUR RECEIPT.。