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    What Is The Uniform Rule For Documentary Collection?

    2010/3/22 11:56:00 92

    Unified Single Collection

    I. General Provisions and definitions 
     
    Paragraph 1: uniform rules for collection. Five hundred and twenty-two The application of the number.
     
    ( One International Chamber of Commerce Five hundred and twenty-two Uniform rules for collection One thousand nine hundred and ninety-five The annual revision will apply to all collection items specified in the second paragraph and specified in the fourth collection instructions. Unless otherwise expressly agreed, or in conflict with a country, a government, or any ordinance that is in force with the local law, this rule is binding on all relationship parties.
     
    ( Two Banks are not obliged to apply for a collection or any collection instruction or subsequent relevant instructions.
     
    ( Three If a bank chooses not to handle the collection or any relevant collection instructions it has received for whatever reason, it must use the telecommunications without delay, or if the telecommunications may not use other quick tools, it will give notice to the parties who have received the instruction.
     
    Second paragraph  Definition of collection
     
    For the purposes of this article:
     
    ( One Collection means that the bank processes the following instructions on the basis of instructions received. Two The documents stipulated in the paragraph are:
     
    A. Obtain payment and / Or acceptance; or
     
    B. By payment or D / A; or
     
    C. To submit documents according to other terms and conditions.
     
    ( Two Documents refer to financial documents and / Or commercial documents.
     
    A. Financial documents refer to bills of exchange, promissory notes, checks or other similar certificates that can be used to obtain payment of funds. 
     
    B. Commercial documents refer to invoices, transport documents, ownership documents or other similar documents, or any other documents that are not part of the financial documents.
     
    ( Three Clean collection means collection under financial documents without commercial documents.
     
    ( Four Documentary collection means:
     
    A. Collection of financial documents accompanied by commercial documents;
     
    B. Collection without commercial documents under financial documents.
     
    Third paragraph  The person in charge of collection
     
    ( One For the purposes of this article, the person in charge of collection is:
     
    A. The trustor entrusts the bank to collect the relevant person.
     
    B. The sending bank is the bank entrusted by the trustee to collect the collection.
     
    C. The collecting bank is any bank participating in the collection business except the sending bank.
     
    ( Two The drawee is the person who gives the document to him according to the collection instruction.
     
     
    Two. The form and structure of collection
     
    Fourth paragraph  Collection Instruction
     
    ( One ) A. All documents sent to collection must be accompanied by a collection instruction indicating that the collection will comply with the uniform rules for collection. Five hundred and twenty-two Document and list complete and clear instructions. Banks are only allowed to act in accordance with the orders and the rules in the collection instruction.
     
    B. Banks will not examine documents for the purpose of obtaining instructions.
     
    C. Unless otherwise authorized in the collection instruction, the bank will ignore the person concerned from the collection he has received. / Any person outside the bank / Any instructions from the bank.
     
    ( Two The collection instruction should include the following contents:
     
    A. Details of the bank's receipt, including the full name, postal service and receipt, are received. SWIFT Address, telex, telephone and fax numbers and numbers;
     
    B. The particulars of the client include the full name, postal address, or the place where the prompts are made, and, if any, telex, telephone and fax numbers;
     
    C. The particulars of the payer include the full name, postal address, place where the prompts are made, and, if any, telex, telephone and fax numbers;
     
    D. The details of the bank, if any, including the full name, postal address and, if any, telex and fax number;
     
    E. The amount and currency to be collected;
     
    F. The list of attached documents and the number of each document;
     
    G.I. On the basis of obtaining payment and / Or acceptance and terms and conditions;
     
    Ii. Conditions for delivery of documents
     
    Payment and / Or acceptance
     
    Other terms and conditions
     
    The parties concerned with the collection instruction should have the responsibility to explain clearly and ensure the conditions for delivery of the documents. Otherwise, the bank will not be liable for any consequences arising from this.
     
    Whether the charges to be collected specify whether they can be waived.
     
    I. The interest to be collected, if any, indicates whether it can be waived, including interest rate, interest period and the applicable period base (for example, one year). Three hundred and sixty Heaven or Three hundred and sixty-five Day);
     
    J. The method of payment and the form of payment notice;
     
    K. No payment or non acceptance occurred. / Or instructions that do not conform to other instructions.
     
    ( Three ) A. The collection instruction should specify the full address of the drawee or the place to be prompted. If the address is incomplete or erroneous, the collecting bank may endeavour to find out the appropriate address, but it has no obligation and responsibility in itself.
     
    B. The collecting bank will not be held responsible or responsible for any delay caused by incomplete or incorrect address.
     
     
     
    Three. The form of prompting
     
    Fifth paragraph  Tips
     
    ( One As for the terms of this article, a reminder is a procedure for banks to instruct the documents to make effective use of the documents to the drawee according to their instructions.
     
    ( Two The collection instruction should specify the exact time limit for action to be taken by the drawee.
     
    Such as first, prompt, immediate and similar statements shall not apply to any time limit for the prompt or the payer's redemption bill to take any other action. If such terms are used, banks will ignore them.
     
    ( Three The documents must be presented to the drawee at the time of receipt of the bank unless authorized to affix any necessary stamp, unless otherwise instructed by the parties concerned to whom the collection is received and authorised to take any necessary endorsement or rubber stamp, or other common and necessary identification marks or symbols for the collection industry.
     
    ( Four In order to enable the client's instructions to be realized, the sending bank will take the bank designated by the client as the collecting bank. In the absence of a nominated bank, the sending bank will use any bank of its own or choose another bank in the country of payment or acceptance, or in other countries that must comply with other conditions.
     
    ( Five The documents and collection instructions can be sent directly or through the sending bank, while the other bank is sent to the collecting bank as an intermediary bank.
     
    ( Six If the sending bank does not specify a specific reminder line, the agent bank may choose the prompt bank by itself.
     
    Sixth paragraph  Spot / Acceptance
     
    If a bill is payable on demand, the prompt bank must make prompt payment without delay. If it is not for sight, it is a forward payment document. The prompt bank must apply for prompt acceptance immediately after the due date, if it is to be accepted, and make prompt payment immediately if payment is made.
     
    Seventh paragraph  Presentation of documents (documents against acceptance) D/A Documents against payment D/P )
     
    ( One The collection instructions with commercial documents must be delivered at the time of payment, and they should not include bills payable in advance.
     
    ( Two If the collection contains bills of exchange payable in advance, the collection instruction should state that commercial documents are delivered to the drawee on the basis of acceptance instead of payment. If no explanation is made, commercial documents can only be paid against documents, and the collecting bank will not be liable for any consequences arising from any delay in the delivery of the documents.
     
    ( Three If the collection contains bills of exchange payable in advance and the collection instructions specify that commercial documents should be paid on the basis of payment, the documents can only be delivered on the basis of that payment, and the collecting bank will not be liable for any consequences arising from any delay in the presentation of documents.
     
    Eighth paragraph  Substitute documents
     
    In the case of a separate bank instruction or a collecting bank or a drawee who should not have included in the collection of the bill, such as a bill of exchange, a promissory note, a trust receipt, a guarantee or other document, the format and words of these documents should be provided by the sending bank, otherwise, the collecting bank will be made to the collecting bank and the collection bank. / Or the form and terms of any document provided by the drawee will not be held responsible or accountable.
     
     
     
    Four. Obligations and responsibilities
     
    Ninth paragraph  Good faith and reasonable caution
     
    Banks will conduct business in good faith and reasonable prudence.
     
    Tenth paragraph  Documents and goods / service / behavior
     
    ( One Without the prior consent of the bank, the goods must not be directly sent to the bank at the address of the bank, or as the consignee of the bank or the person who raises the act. However, if the goods are sent to the bank directly by the bank's address without the prior consent of the bank, or if the bank acts as consignee or payee, and requests the bank to deliver the goods to the drawee on the basis of payment or acceptance or by other terms, it will not have the obligation to withdraw the goods, and the risk and liability will still be borne by the shipper.
     
    ( Two The bank is not obliged to take any action, even if it receives special instructions, for any goods relating to documentary collection, including warehousing and insurance of goods. Aside from the first paragraph mentioned above ( Three The provisions of this clause are not applicable to the collecting bank, even if there is no special notice.
     
    ( Three However, whether the banks receive instructions, when they take measures to protect the goods, the bank's outcome of the goods concerned and / Or condition and condition / Or entrusted custody and / Or the conduct of any third party protected. / Or omission is not liable. However, the collecting bank must inform the Bank of its collection address without delay.
     
    ( Four Any cost incurred by the bank to take any protective measures against the goods. / Or the sale will be borne by the party to whom the collection is made.
     
    ( Five ) A. Aside from the tenth paragraph One Article, if the goods are taken as the consignee or the payee, and the payer has paid, accepted or committed other terms and conditions for the collection, the collecting bank shall arrange the delivery of the goods when the collecting bank has made arrangements for the delivery of the goods.
     
    B. If the collecting bank is in accordance with the instructions given by the sending bank, the tenth paragraph mentioned above. One The provisions of the article arrange for the delivery of goods, and the sending party shall compensate the loss and sale of the collection bank.
     
    Eleventh paragraph  Exemption from being instructed
     
    ( One In order to enable the client's instructions to be realized, the service of the bank using another bank or other bank is to act on behalf of the client.
     
    ( Two Even if the bank voluntarily chooses other banks to conduct business, if the instructions transmitted by the bank are not executed, the bank will not be held responsible or accountable.
     
    ( Three One party instructs the other party to perform the service, and the instructing party shall be bound by all obligations and responsibilities imposed by the law and practice of the instructed party, and shall be liable for compensation.
     
    Twelfth paragraph  Exemption from receipt of documents
     
    ( One The bank must confirm that the documents it receives should be in conformity with the surface listed in the collection instructions. If any documents are found to be short or non collection instructions, the bank must notify the party receiving the instructions in any other way by means of telecommunication, such as telecommunications impossible, without delay.
     
    Banks have no more responsibility for this.
     
    ( Two If the documents are not in conformity with the listed surfaces, the amount and type of documents received by the sending bank must not be disputed.
     
    ( Three According to the fifth paragraph ( Three ) and twelfth styles, and the above ( Two The bank will handle the prompts according to the documents received and do not need to do more audits.
     
    Thirteenth paragraph  Disclaimer on Effectiveness of Documents
     
    The general nature of the form, integrity, accuracy, authenticity, falsity or legal effect of any document, or the addition or addition to it in a document. / The terms or particulars of the articles are not liable or liable to them; nor are the integrity or behavior of the description, quantity, weight, quality, condition, packing, delivery, value or existence of the goods, or the shipper, carrier, transport bank, consignee and insurer or any other person of the goods described in any document. / Or negligence, solvency, performance or credibility to assume responsibility or be responsible for it.
     
    Fourteenth paragraph  The delay and damage of the documents in the transmission and the exemption for the translation.
     
    ( One Any delay in the transmission of any information, letter or document by the bank. / Or damage, or any delay, damage or other error occurred in the transmission of any telecommunications, or translation of technical terms. / Or mistakes in interpretation are not liable or accountable.
     
    ( Two The bank will not be liable for any delay caused by any instructions received.  Responsible or responsible for it.
     
    Fifteenth paragraph  Force majeure
     
    Banks are not responsible for or responsible for any consequences arising from natural disasters, riots, riots, wars or any other reasons that the bank itself can not control, any strike or downtime.
     
     
     
    Five, payment
     
    Sixteenth paragraph  Immediate remittance
     
    ( One ) payment received (deductions and charges) / Or expenditure and / Or may be sold in accordance with the conditions and terms specified in the collection instructions, without delay, to the party receiving the collection instruction, without delay. 
     
    ( Two Aside from the first paragraph Three And unless otherwise instructed, the collecting bank only remitted the proceeds to the sending bank.
     
    Seventeenth paragraph  Payment in local currency
     
    If the payment is made in the currency (local currency) of the country of payment, unless the collection instruction otherwise provides, the presenting bank must make the payment to the drawee on the basis of local currency payment, provided that the currency can be processed at any time in accordance with the collection instruction.
     
    Eighteenth paragraph  Payment in foreign currency
     
    If the payment is made in currency (foreign exchange) other than the countries in which the payment is made, unless otherwise specified in the collection instruction, the presenting bank must pay the documents to the drawee on the basis of the specified foreign exchange payment, provided that the foreign exchange is remitted immediately according to the collection instruction.
     
    Nineteenth paragraph  Hire purchase
     
    ( One The installment payment can be accepted in clean collection, provided that the amount and condition of the batches are paid by the local law. Financial documents can only be delivered to the drawee only if all the payments have been received.
     
    ( Two In documentary collection, installments can only be accepted if there is a special authorization for collection instructions. However, unless otherwise instructed, the presenting bank can deliver the documents to the drawee only after the full payment has been received.
     
    ( Three In any case, installments will be accepted only when the corresponding provisions in seventeenth or eighteenth are met.
     
    If installment payment is accepted, it will be dealt with in accordance with the sixteenth paragraph.
     
     
     
    Six interest, fees and charges
     
    Twentieth paragraph  Interest
     
    ( One If the collection instruction states that interest must be charged, but the payer refuses to pay the interest, the presenting bank may, in accordance with the specific circumstances, make presentation of the documents by payment or acceptance or other terms and conditions without interest, unless applicable to paragraph 20. Three Bar.
     
    ( Two If interest is charged, the interest rate, interest period and interest bearing method shall be specified in the collection instruction.
     
    ( Three If the collection instruction explicitly states that interest shall not be waived and the drawee refuses to pay the interest, it will prompt that the bank will not pay the bill and will not be liable for the consequences arising from the delayed presentation. When interest has been refused, the prompt bank must notify the bank that it has issued a collection instruction without delay if it can be used in other convenient ways when it is impossible.
     
    Twenty-first paragraph  Handling charges and charges
     
    ( One If the collection instruction requires that the fees and / or charges must be borne by the drawee and the latter refuses to pay, the presenting bank may not charge any fees according to the specific circumstances. A (or) in case of expense, presentation of documents by payment or acceptance or other terms and conditions unless applicable to paragraph 21. Two ) strip.
     
    Each time the collection fee and / or expenses are waived, the cost shall be borne by the party giving the collection and may be deducted from the payment.
     
    ( Two If the collection instruction expressly indicates that the fee and / or expenses shall not be waived and the payer refuses to pay the fee, the prompt bank will not make the documents and shall not be liable for the consequences arising from the delay arising therefrom. When the fee has been refused, the prompt bank must notify the bank that it has issued the collection instruction without delay if it can be used in other convenient ways when it is impossible.
     
    ( Three In any case, if the collection instruction clearly stipulates or according to this rule, the payment and / or expenses and / or collection fees shall be borne by the trustor, the collecting bank shall have the right to recover the relevant expenses, expenses and handling expenses immediately from the bank issuing the collection instruction, and the sending party, regardless of the result of the collection, shall have the right to recover immediately the amount it has paid to the client, together with its own payment, expenses and handling charges.
     
    ( Four The bank reserves the right to pay the fee and / or expenses in advance to the party who sends the collection instructions to him, so as to compensate him for the expenses of the execution of any instructions. He reserves the right not to carry out the instructions without receiving the money. 
     
    Seven. Other terms
     
    Twenty-second paragraph  Acceptance
     
    It is the duty of the bank to note that the form of acceptance of the draft appears to be complete and correct, but it is not responsible for the authenticity of any signature or the authority of any signatory to sign the acceptance.
     
    Twenty-third paragraph  Promissory notes and other vouchers
     
    The presenting bank is not responsible for the authenticity of any signature on the promissory note, receipt or other voucher or the authority of the signatory.
     
    Twenty-fourth paragraph  Certificate of rejection
     
    The collection instruction should have specific instructions (or substitute other legal proceedings) for the relevant rejection certificate when there is no payment or non acceptance.
     
    The bank's handling and / or expenses arising from the rejection of a certificate or other legal proceedings shall be borne by the party to whom the collection instruction is issued.
     
    Twenty-fifth paragraph  Preparatory person (Case-of-need)
     
    If a client designate a representative as a preparatory person in the event of non payment and / or non acceptance, the authority of the preparatory person shall be specified clearly and in detail in the collection instruction. Without such instructions, the bank will not accept any instructions from the preparatory person.
     
    Twenty-sixth paragraph  notice
     
    The collecting bank should notify the collection status according to the following rules:
     
    ( One Notification format
     
    The collecting bank must give all the information and notice to the bank issuing the collection instruction, and in any case should include the bank number specified in the collection instruction.
     
    ( Two Notification method:
     
    The sending bank has the responsibility to give instructions to the collecting bank on the method of notification, as specified in this paragraph. Three ) A, ( Three ) B And ( Three ) C Content. In the absence of such an instruction, the collecting party will send the notice by itself, and its cost shall be borne by the bank issuing the collection instruction to him.
     
    ( Three ) A. Payment order
     
    The collection bank must send a notice of payment without delay to the bank that sends the collection instructions to it. It lists the amount or amount of the payment, the deducted fee and (or) the payment and / or the amount of the payment and the treatment of the funds.
     
    B. Acceptance notice
     
    The collection bank must send the acceptance notice to the bank that sends the collection instructions to it without delay.
     
    C. Notice of non payment or non acceptance
     
    The presenting bank shall endeavour to find out the cause of non payment or non acceptance and send a notice without delay to the bank issuing the collection instruction.
     
    The presenting bank shall send the non payment advice and / or non acceptance notice without delay to the bank issuing the collection instruction. Sixty If the instructions are not received within days, the collecting bank or the presenting bank may return the documents to the bank issuing instructions to them, and the presenting bank will not assume more responsibility.
     
     
    One thousand nine hundred and ninety-five Revised edition of the year One thousand nine hundred and ninety-six year One month One day Take effect
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