On the credit, it allowed courier receipt or post receipt. So a inquiry was made to a courier company called DHL for a delivery including the company's courier receipt and all the related documents to the credit opening bank. But the courier delivering company did not sent the documents to the opening bank but delivered them to the debtor's company directly. The debtor dishonor after cleared the products and now the seller can not receive the payment.
Case study
1. The character of a courier receipt
The courier receipt is also a receipt of products. So if there is a stamp, authentification and signature attached when receiving products, it is possible to accept. (The Sub-Article 29(b) of U.C.P 500) For these courier receipt, the receiving date is the shipping or dispatching day.
2. Documents mis-delivery by a courier company
The delivery made to the debtor's company instead of opening bank is clearly a mistake made by the courier company therefore, the courier company has to make compensation. But the courier company insisted of their responsibility only for the document loss, and insisted they will only be responsible for the document production fee and delivery expense not for all the products which eventually developed dispute.
3. The lawsuit party of a courier company
There is a concern if agency of the courier company in A country can be the lawsuit party. The courier company in country A is usually a agency for the head office located in the overseas. Accordingly, there is a claim that the lawsuit has to be against the head office instead of an agency. For this, there is a legal controversy to be anticipated for the result.
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29-Courier and post receipt
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