《托收统一规则》(URC522)

Article 2  Definition of Collection

For the purposes of these Articles: 

A."Collection" means the handling by banks of documents as defined in sub-Article 2 (b), in accordance received, in order to:

I. obtain payment and/or acceptance, or

II. deliver documents against payment and/or against acceptance, or

III. deliver documents on other terms and conditions.

b.”Documents”means financial documents and/or commercial documents:

I. “Financial documents”means bills of exchange, promissory notes, cheques, or other similar instruments used for obtaining the payment of money;

II. “Commercial documents” means invoice, transport documents, documents of title or other similar documents, or any other documents whatsoever, not being financial documents.

Article 3

a. For the purposes of these Articles the “parties thereto” are: 

 I. the “principal” who is the party entrusting the handling of a collection to a bank;

 II. the “remitting bank” which is the bank to which the principal has entrusted the handling of a collection;

 III. “collecting bank” which is any bank, other than the remitting bank, involved in processing the collection;

 IV. the “presenting bank” which is the collecting bank making presentation to the drawee.

b. The “drawee” is the one to whom presentation is to be made in accordance with the collection instruction. 付款人即根据托收指示向其提示单据的人。

Article 2

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b.”Documents”means financial documents and/or commercial documents: 

I. “Financial documents”means bills of exchange, promissory notes, cheques, or other similar instruments used for obtaining the payment of money;

II. “Commercial documents” means invoice, transport documents, documents of title or other similar documents, or any other documents whatsoever, not being financial documents.

c.”Clean collection” means collection of financial documents not accompanied by commercial documents.

d.”Documentary collection”means collection of:

 I. financial documents accompanied by commercial documents;

 II. Commercial documents not accompanied by financial documents.

 

Article 1

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b. Banks shall have no obligation to handle either a collection or any collection instruction or subsequent related instructions

 (2)银行应严格按托收指示履行责任

Article 4  Collection Instruction

A i. All documents sent for collection must be accompanied by a collection instruction indicating that the collection is subject to URC522 and giving complete and precise instructions. Banks are only permitted to act upon the instructions given in such collection instruction, and in accordance with these Rules.

 ii. Banks will not examine documents in order to obtain instructions.

 iii. Unless otherwise authorized in the collection instruction, banks will disregard any instructions from any party/bank other than the party/bank from whom they received the collections.

 

B A collection instruction should contain the following items of information, as appropriate.

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vii. a) Terms and conditions upon which payment and/or acceptance is to be obtained.

 b) Terms of delivery of documents against:

 1) payment and/or acceptance付款和/或承兑

2)other terms and conditions

It is the responsibility of the party preparing the collection instruction to ensure that the terms for the delivery of documents are clearly and unambiguously stated, otherwise banks will not be responsible for any consequences arising therefrom.

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xi. Instructions in case of non-payment, non-acceptance and/or non-compliance with other instructions. 

i. Collection instructions should bear the complete address of the drawee（付款人） or of the domicile at which the presentation is to be made. If the address is incomplete or incorrect, the collecting bank may, without any liability and responsibility on its part, endeavour to ascertain the proper address.

 

ii. The collecting bank will not be liable or responsible for any ensuing（跟着发生） delay as a result of an incomplete or incorrect address being provided.

 

 Article 9 Good faith and Reasonable Care

Banks will act in good faith and exercise reasonable care.

Article 10

Documents vs. Goods/Services/Performances单据与货物/服务/行为

a. Goods should not be dispatched directly to the address of a bank or consigned（交付） to or to the order of（以…为抬头） a bank without prior agreement on the part of that bank.

Nevertheless, in the event that goods are dispatched directly to the address of a bank or consigned to or to the order of a bank for release（让与） to a drawee against payment or acceptance or upon other terms and conditions without prior agreement on the part of that bank, such bank shall have no obligation to take delivery of the goods, which remain at the risk and responsibility of the party dispatching the goods.

 b. Banks have no obligation to take any action in respect of the goods to which a documentary collection relates, including storage and insurance of the goods even when specific instructions are given to do so. Banks will only take such action if, when, and to the extent that they agree to do so in each case, notwithstanding the provisions of sub-article 1 (c), this rule applies even in the absence of any specific advice to this effect by the collecting bank.

 c. Nevertheless, in the case that banks take action for the protection of the goods, whether instructed or not, they assume no liability or responsibility with regard to the fate and/or condition of the goods and/or for any acts and/or omissions（疏忽） on the part of any third parties entrusted with the custody（保管、监护） and/or protection of the goods. However, the collecting bank must advise without delay the bank from which the collection instruction was received of any such action taken.

 d. Any charges and/or expensed incurred by banks in connection with any action taken to protect the goods will be for the account of the party from whom they received the collection.

Article 12 Disclaimer on Documents Received

a. Bank must determine that the documents received appear to be as listed in the collection

instruction and must advise by telecommunication or, if that is not possible, by other expeditious （迅速而有效率的）means, without delay, the party from whom the collection instruction was received of any documents missing, or found to be other than listed.

Banks have no further obligation in this respect.

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Article 13 Disclaimer on Effectiveness of Documents

Banks assume no liability or responsibility of the form, sufficiency, accuracy, genuineness（真实性）, falsification（篡改、伪造） or legal effect of any document (s) or superimposed（重叠上去，加上去） thereon; nor do they assume any liability, condition, packing ,delivery, value of existence of the goods represented by any document (s), or for the good faith or acts and/or omission, solvency, performance or standing of the consignors（货主、发货人）, the carriers, the forwarders（运送人）, the consignees（收货人） or the insurers of the goods, or any other person whomsoever.

Article 14Disclaimer on Delays, Loss in Transit and Translation

a. Banks assume no liability or responsibility for the consequences arising out of delay and/or loss in transit of any message (s), letter(s) or document(s), or for delay, mutilation or other error(s) arising in transmission（传输） of any telecommunication（电讯） or for error(s) in translation and/or interpretation of technical terms.

 b. Banks will not be liable or responsible for any delays resulting from the need to obtain clarification（澄清） of any instructions received.

 

Article 15 Force Majeure

Banks assume no liability or responsibility for consequence arising out of the interruption of their business by Acts of God, riots（暴动）, civil commotions（骚乱）, insurrections（起义）, wars, or any other causes beyond their control or by strikes or lockouts（停工）.

 

 

UCP 600

Credit means any arrangement, however named or described, that is irrevocable and thereby constitutes a definite undertaking of the issuing bank to honour a complying presentation.

Article 2 Definitions

Advising bank means the bank that advises the credit at the request of the issuing bank.

Applicant means the party on whose request the credit is issued.

Beneficiary means the party in whose favour a credit is issued.

Issuing bank means the bank that issues a credit at the request of an applicant or on its own behalf.

Nominated bank means the bank with which the credit is available or any bank in the case of a credit available with any bank.

Confirming bank means the bank that adds its confirmation to a credit upon the issuing bank’s authorization or request.

Article 4 Credits v. Contracts

 

a. A credit by its nature is a separate transaction from the sale or other contract on which it may be based. Banks are in no way concerned with or bound by such contract, even if any reference whatsoever to it is included in the credit. Consequently, the undertaking of a bank to honour（兑付）, to negotiate(议付) or to fulfil any other obligation under the credit is not subject to claims or defences by the applicant resulting from its relationships with the issuing bank or the beneficiary.

 

A beneficiary can in no case avail itself of the contractual relationships existing between banks or between the applicant and the issuing bank.

 

Article 5 Documents v. Goods, Services or Performance

Banks deal with documents and not with goods, services or performance to which the documents may relate .

 

Article 14 Standard for Examination of Documents

a. A nominated bank acting on its nomination, a confirming bank, if any, and the issuing bank must examine a presentation to determine, on the basis of the documents alone, whether or not the documents appear on their face to constitute a complying presentation.

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d. Data in a document, when read in context with the credit, the document itself and international standard banking practice, need not be identical to, but must not conflict with, data in that document, any other stipulated document or the credit.

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g. A document presented but not required by the credit will be disregarded and may be returned to the presenter.  

h. If a credit contains a condition without stipulating the document to indicate compliance with the condition, banks will deem such condition as not stated and will disregard it.

Article 15 Complying Presentation

 

a. When an issuing bank determines that a presentation is complying, it must honour.

 

b. When a confirming bank determines that a presentation is complying, it must honour or negotiate and forward the documents to the issuing bank.

 

c. When a nominated bank determines that a presentation is complying and honours or negotiates, it must forward the documents to the confirming bank or issuing bank.

 

Article 30 Tolerance in Credit Amount, Quantity and Unit Prices

a. The words "about" or "approximately" 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 tolerance not to exceed 10% more or 10% less than the amount, the quantity or the unit price to which they refer.

 

b. A tolerance not to exceed 5% more or 5% less than the quantity of the goods is allowed, provided the credit does not state the quantity in terms of a stipulated number of packing units or individual items and the total amount of the drawings does not exceed the amount of the credit.

 

c. Even when partial shipments are not allowed, a tolerance not to exceed 5% less than the amount of the credit is allowed, provided that the quantity of the goods, if stated in the credit, is shipped in full and a unit price, if stated in the credit, is not reduced or that sub-article 30 (b) is not applicable. This tolerance does not apply when the credit stipulates a specific tolerance or uses the expressions referred to in sub-article 30 (a).

 

Article 14 Standard for Examination of Documents

 

a. A nominated bank acting on its nomination, a confirming bank, if any, and the issuing bank must examine a presentation to determine, on the basis of the documents alone, whether or not the documents appear on their face to constitute a complying presentation.

b. A nominated bank acting on its nomination, a confirming bank, if any, and the issuing bank shall each have a maximum of five banking days following the day of presentation to determine if a presentation is complying. This period is not curtailed or otherwise affected by the occurrence on or after the date of presentation of any expiry date or last day for presentation.

Article 34 Disclaimer on Effectiveness of Documents

A bank assumes no liability or responsibility for the form, sufficiency, accuracy, genuineness, falsification or legal effect of any document, or for the general or particular conditions stipulated in a document or superimposed thereon; nor does it assume any liability or responsibility for the description, quantity, weight, quality, condition, packing, delivery, value or existence of the goods, services or other performance represented by any document, or for the good faith or acts or omissions, solvency, performance or standing of the consignor, the carrier, the forwarder, the consignee or the insurer of the goods or any other person.

Article 35 Disclaimer on Transmission and Translation

A bank assumes no liability or responsibility for the consequences arising out of delay, loss in transit, mutilation or other errors arising in the transmission of any messages or delivery of letters or documents, when such messages, letters or documents are transmitted or sent according to the requirements stated in the credit, or when the bank may have taken the initiative in the choice of the delivery service in the absence of such instructions in the credit.

If a nominated bank determines that a presentation is complying and forwards the documents to the issuing bank or confirming bank, whether or not the nominated bank has honoured or negotiated, an issuing bank or confirming bank must honour or negotiate, or reimburse that nominated bank, even when the documents have been lost in transit between the nominated bank and the issuing bank or confirming bank, or between the confirming bank and the issuing bank. http://www.cnshipper.com

A bank assumes no liability or responsibility for errors in translation or interpretation of technical terms and may transmit credit terms without translating them.

Article 36 Force Majeure

A bank assumes no liability or responsibility for the consequences arising out of the interruption of its business by Acts of God, riots, civil commotions, insurrections, wars, acts of terrorism, or by any strikes or lockouts or any other causes beyond its control.

A bank will not, upon resumption of its business, honour or negotiate under a credit that expired during such interruption of its business.

Article 37 Disclaimer for Acts of an Instructed Party

 

a. A bank utilizing the services of another bank for the purpose of giving effect to the instructions of the applicant does so for the account and at the risk of the applicant.

b. An issuing bank or advising bank assumes no liability or responsibility should the instructions it transmits to another bank not be carried out, even if it has taken the initiative in the choice of that other bank.

d. The applicant shall be bound by and liable to indemnify a bank against all obligations and responsibilities imposed by foreign laws and usages.

If a credit states that charges are for the account of the beneficiary and charges cannot be collected or deducted from proceeds, the issuing bank remains liable for payment of charges.

A credit or amendment should not stipulate that the advising to a beneficiary is conditional upon the receipt by the advising bank or second advising bank of its charges.

c. A bank instructing another bank to perform services is liable for any commissions, fees, costs or expenses (“charges”) incurred by that bank in connection with its instructions.