On the credit term, the original B/L), a commercial invoice, a packing list, a inspection certificate and a certificate of origin is requested and, one copy of original B/L and the copies of other documents were sent to a debtor and others are to be sent to the opening bank. But when all other documents were marked as copy and signed but only the inspection certificate was copied and sent. So a bank is insisting that the copy mark on the original documents can not be regarded as a original copy.
Case study
1. Original and copy documents
Original document in credits are a documents marked 'original' and signed. As long as it marks "original' it doesn't matter whether it is printed or prepared by a computer. There can be many methods for signing and they can be hand written signature, fax signature, natural signature, stamp signature, symbol signature and electronic signature. Only carbon signature is not acceptable. Signing on a paper and making copies of it by using a carbon paper can not be acknowledged as a original signature. (I.C.C. 470/444 470/452 opinion(1984-96) p28 R109).
2. Documents that can not be regarded as a copy documents
The problem is, if all the documents that are not original could be regarded as a copy document. Another problem is, if it is acceptable to regard a simple photo copy of original document can be a copy of orignal document. For this, I.C.C. states that since a copy means a simple copy of a photo copy, it should regarded as a copied document. (I.C.C. pub 459 case No.68).
Conclusion
In this case, since the inspection certificate was a copy of original document, it should be considered as a original copy.
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