APPLICATION FOR ISSUANCE OF DOCUMENTARY CREDIT. Application for... · Advising Bank and Address:...

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Advising Bank and Address: Goods Brief Description of Goods Special Conditions APPLICATION FOR ISSUANCE OF DOCUMENTARY CREDIT Cambodian Commercial Bank Limited. #26, Monivong Blvd, Sangkat Phsar Thmei II, Khan Daun Penh, Phnom Penh, Kingdom of Cambodia TO : CAMBODIAN COMMERCIAL BANK LIMITED (the “Bank”) We hereby request the Bank to issue for our account an irrevocable letter of credit as per the details and instructions below: DATE We fully agree with the Bank on the issuance of the above irrevocable letter of credit which is to be issued subject to the terms and conditions stated overleaf to which we have read, understood and agreed. Authorized Signature(s) and Company Seal (if any) DD/MM/YYYY / / Applicant’s Name and Full Address: : s s e r d d A l l u F d n a e m a N s y r a i c i f e n e B Amount in Figure & Word: Partial Shipment: Transhipment: Shipment From: Shipment To: Contact Person: Tel. Fax: A/C No. Tel. Fax: L/C No. Approved: For Bank Use Only SWIFT BIC (if any): ) d e t a t s e s i w r e h t o s s e l n u y r t n u o c s ' y r a i c i f e n e b n I ( DD/MM/YYYY / / DD/MM/YYYY / / Plus/Minus % Minus % Plus % Not Allowed Allowed Not Allowed Allowed CFR CIF FAS FCA FOB EXW DAP DAT DDP CIP CPT Applicant y r a i c i f e n e B n o i s s i m m o c n o i t a m r i f n o c , t i d e r c s i h t o t n o i t a m r i f m o c d d a o t t s e u q e R is for account of e t a c i l p u d n i ) s ( t f a r d s ' y r a i c i f e n e b y b e l b a l i a v a t i d e r C at sight at days drawn on a Bank designated by the Issuing Bank and accompanied by documents details herein. Signed Commercial invoice in original(s) and copy(ies) indicating FOB value, freight charges and insurance premium. Full set of clean on board Bill of Lading Multimodal Transport Document made out or endorsed to the order of Cambodian Commercial Bank Limited marked “Freight ”, notify the applicant with full address and indicate the number of the letter of credit, plus non-negotiable copies. Air Waybills made out in the name of Cambodian Commercial Bank Limited marked “Freight ”, notify the applicant with full address and indicate the number of the letter of credit. n i e l b a y a p m i a l c h t i w d e s r o d n e k n a l b e u l a v e c i o v n i f o % 0 1 1 r o f e t a c i l p u d n i s e t a c i f i t r e C r o s e i c i l o P e c n a r u s n I Institute cargo clauses ( A ) ( B ) ( C ) Institute war clauses (Cargo) and Institute strike clauses (Cargo) Institute theft, pilferage and non-delivery clauses Institute cargo clauses (Air) Others (please specify) Packing List in original(s) and copy(ies), indicating (if any) ) s e i ( y p o c d n a ) s ( l a n i g i r o n i n i g i r O f o e t a c i f i t r e C t a h t g n i y f i t r e c e t a c i f i t r e c s y r a i c i f e n e B Others (please specify) Others as per attachment This Letter of Credit is transferable. Expiry Date: Latest Shipment Date: Trade Terms: Place of Receipt: (if any) Port of Loading: Documents to be presented within days after the date of shipment but within the expiry date of the credit. All bank charges including reimbursement commissions and other expenses incurred outside of the Kingdom of Cambodia are for the account of: y r a i c i f e n e B t n a c i l p p A Port of Discharge: Place of Final Destination : (if any) Others as per attachment Collect Prepaid Collect Prepaid Others as per attachment Amount in Word Currency Amount in Figure Phnom Penh in the same currency of the letter of credit covering Cambodian Commercial Bank

Transcript of APPLICATION FOR ISSUANCE OF DOCUMENTARY CREDIT. Application for... · Advising Bank and Address:...

Page 1: APPLICATION FOR ISSUANCE OF DOCUMENTARY CREDIT. Application for... · Advising Bank and Address: Goods Brief Description of Goods Special Conditions APPLICATION FOR ISSUANCE OF DOCUMENTARY

Advising Bank and Address:

Goods Brief Description of Goods

Special Conditions

APPLICATION FOR ISSUANCE OF DOCUMENTARY CREDIT

Cambodian Commercial Bank Limited. #26, Monivong Blvd, Sangkat Phsar Thmei II, Khan Daun Penh, Phnom Penh, Kingdom of Cambodia

TO : CAMBODIAN COMMERCIAL BANK LIMITED (the “Bank”)We hereby request the Bank to issue for our account an irrevocable letter of credit as per the details and instructions below:

DATE

We fully agree with the Bank on the issuance of the above irrevocable letter of credit which is to be issued subject to the terms and conditions stated overleaf to which we have read, understood and agreed.

Authorized Signature(s) and Company Seal (if any)

DD/MM/YYYY / /

Applicant’s Name and Full Address:

:sserddA lluF dna emaN s’yraici¯feneB

Amount in F igure & Word:

Partial Shipment: Transhipment:

Shipment From: Shipment To:

Contact Person:

Tel. Fax:

A/C No.

Tel. Fax:

L/C No.

Approved:

For Bank UseOnly

SWIFT BIC (if any):

)detats esiwrehto sselnu yrtnuoc s'yraici¯feneb nI(

DD/MM/YYYY / /

DD/MM/YYYY / /

Plus/Minus % Minus %Plus %

Not Allowed Allowed Not Allowed Allowed

CFR CIF FAS FCAFOBEXW

DAP DAT DDPCIPCPT

Applicant yraici¯feneB noissimmoc noitamri¯fnoc ,tiderc siht ot noitamri¯fmoc dda ot tseuqeR

is for account of

etacilpud ni )s(tfard s'yraici¯feneb yb elbaliava tiderC at sight at days drawn on a Bank

designated by the Issuing Bank and accompanied by documents details herein.

Signed Commercial invoice in original(s) and copy(ies) indicating FOB value, freight charges and insurance premium.

Full set of clean on board Bill of Lading Multimodal Transport Document made out or endorsed to the order of Cambodian Commercial Bank Limited

marked “Freight ”, notify the applicant with full address and indicate the number of the letter of credit, plus non-negotiable copies.

Air Waybills made out in the name of Cambodian Commercial Bank Limited

marked “Freight ”, notify the applicant with full address and indicate the number of the letter of credit.

ni elbayap mialc htiw desrodne knalb eulav eciovni fo % 011 rof etacilpud ni setaci¯fitreC ro seiciloP ecnarusnI Institute cargo clauses ( A ) ( B ) ( C ) Institute war clauses (Cargo) and Institute strike clauses (Cargo) Institute theft, pilferage and non-delivery clauses Institute cargo clauses (Air)

Others (please specify)

Packing List in original(s) and copy(ies), indicating (if any)

)sei(ypoc dna )s(lanigiro ni nigirO fo etaci¯fitreC

taht gniyfitrec etaci¯fitrec s’yraici¯feneB

Others (please specify)

Others as per attachment

This Letter of Credit is transferable.

Expiry Date:

Latest Shipment Date:

Trade Terms:

Place of Receipt: (if any)

Port of Loading:

Documents to be presented within days after the date of shipment but within the expiry date of the credit.

All bank charges including reimbursement commissions and other expenses incurred outside of the Kingdom of Cambodia are for the account of: yraici¯feneB tnacilppA

Port of Discharge:

Place of Final Destination : (if any)

Others as per attachment

CollectPrepaid

CollectPrepaid

Others as per attachment

Amount in Word

Currency Amount in Figure

Phnom Penh in the same currency of the letter of credit covering

Cambodian Commercial Bank

Page 2: APPLICATION FOR ISSUANCE OF DOCUMENTARY CREDIT. Application for... · Advising Bank and Address: Goods Brief Description of Goods Special Conditions APPLICATION FOR ISSUANCE OF DOCUMENTARY

We, the applicant, hereby agree, and will comply, with the following terms and conditions (the “T&C”) which apply to each Letter of Credit (the “Credit”) stated in the

application form overleaf:

1. Authorization to honor: We authorize the Bank to honor for our account against all documents purporting to be presented under this Credit and, if applicable, all drafts purporting to be drawn under the Credit.

2. Undertaking: We agree to honor at maturity all drafts drawn or purporting to be drawn in accordance with the terms of the Credit. 3. Repayment and reimbursement: We agree to repay or reimburse the Bank monies paid or to be paid by the Bank pursuant to the Credit, at the exchange rate then

customarily charged by the Bank in similar circumstances. 4. Commission: We shall pay the Bank on demand a commission or fee at such rate as the Bank may fif ix and all expenses and charges paid or incurred by the Bank in

connection with the Credit, together with interest where chargeable. 5. Security: We agree that all goods covered by the Credit shall remain in the Bank’s possession and we hereby grant to the Bank security interest over such goods by way

of pledge/charge until such time as all our obligations and liabilities to the Bank under or in connection with the T&C or the Credit have been fully paid and discharged. We hereby further agree to grant the irrevocable power of attorney to the Bank to fif ile any documents in relation to this security with the Secured Transaction Filing Of fif ice of the Ministry of Commerce in order to affect and obtain priority as applicable and deemed necessary by the Bank.

In this regard, by signing this Application, we hereby provide a prior and irrevocable written consent to the Bank and give the Bank authority to possess and dispose of such

goods and any documents relatin ,f it either by public auction or private contract, upon the occurrence of our breach of any terms of fi smeed knaB eht sa rennam yna ni otereht g

the T&C or the Credit, and to apply the net proceeds thereof towards the payment, repayment or reimbursement of any sum owed by us to the Bank. For these purposes, we:

(i) irrevocably appoints the Bank to be in charge of our accounts, to be our attorney, and in our name to execute and deliver all documents and do all acts as the Bank deems desirable for perfecting its security interest over the goods or for the purpose of exercising any rights hereunder including transferring the goods to the purchaser thereof; (ii) shall not create encumbrance of any kind over or dispose of any or all of the goods; (iii) undertakes to sign, execute and deliver any transfers, deeds or documents which the Bank may require us to sign, execute and deliver for perfecting the Bank’s title to

the goods and the documents and for vesting the same to any purchaser from the Bank.

6. Import and export licensing: We undertake to procure any necessary import and export license or other licenses for the import or export or shipping of the goods and to comply with all foreign and domestic governmental regulations in regard to the shipment of the goods or the fif inancing thereof, and to furnish such certi fif icates in that respect as the Bank may at any time require.

7. Insurance: We agree to keep the goods covered by insurance satisfactory to the Bank, and, at the Bank’s request, to assign the policies or certif icates of insurance to the Bank, or make the loss or adjustment, if any, payable to the Bank and to furnish the Bank with evidence of acceptance by the insurers of such assignments.

8. Exclusion of liability: We agree that the Bank or a nominated bank who honors or negotiates a complying presentation of documents under the Credit shall only be bound to examine the documents presented under the Credit to ascertain whether or not they appear on their face to be in accordance with the terms of the Credit and that neither the Bank nor a nominated bank shall be responsible for:

(i) the correctness of, and difference in, the description, quantity, quality or value of the goods as stated, or from that stated, in invoices or bills of lading or other documents

(ii) delay in arrival or failure to arrive of either the goods or any document relating thereto or delay or error in transmission or non-delivery of any transmitted messages to or from a nominated bank or delay in transmission or loss of documents through the post or for delay, loss or damage to the goods;

(iii) any breach of contract between the shippers or vendors and the consignees or buyers or us or any of them; (iv) any action taken or omitted to be taken in good faith by the Bank under or in connection with the Credit; and

any non-receipt by bene ficif iaries of funds or sums payable under the Credit as a result of any law, control, sanction or restriction exercised or implemented by any governmental authority for which we have no control of.

9. Supporting documents: In the event that we submit any supporting document to the Bank (including proforma invoices, sales contracts, purchase orders and the like), the Bank will not be required to attach or include these supporting documents to, or as part of, the Credit, regardless of whether or not there exists any discrepancy on any matter between these supporting documents and the relevant invoice referred to in the Credit, and the Bank shall have no liability whatsoever to any person in respect of such non-attachment and discrepancy.

10. Default interest: In the event we default in payment, repayment or reimbursement of any sum for which we may be or become liable to pay, repay or reimburse the Bank under or in connection with the Credit or the T&C, we agree to pay the Bank interest thereon at the maximum interest rate for default case chargeable by the Bank on a customer of the type similar to us at such time as permitted by any relevant announcement or notif ication of the National Bank of Cambodia.

11. Set-off: We authorize the Bank to debit any of our accounts with the Bank, and set-off all balances standing in those accounts, against and in settlement of any money for which we may be or become liable to pay, repay or reimburse the Bank under or in connection with the Credit or the T&C.

12. Indemnity: We undertake to indemnify the Bank against all losses, costs, damages, claims, and demands which the Bank may incur or sustain by reason of the Bank’s issuing or establishing, or exercising any right under, this Credit and to provide the Bank with funds on demand with which to meet all payments made by the Bank or by a nominated bank and all drafts drawn on or honored by the Bank or by a nominated bank, together with all interest, commission, charges, disbursements and expenses of whatsoever nature due to or incurred by the Bank and by a nominated bank in relation to the Credit.

13. Joint and several: In the case where the application overleaf is signed by two or more persons, all obligations, undertakings, agreements, indebtedness and liabilities of all these persons under the Credit and these T&C towards the Bank shall be on a joint and several basis.

14 . UCP rules: Unless otherwise expressly provided in the Credit itself or in the application form overleaf, the Credit shall be subject to the latest version or revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication, in effect at time of its issuance.

15. Governing law: Each Credit and the T&C shall be governed by, and construed in accordance with, the law of the Kingdom of Cambodia.

Cambodian Commercial Bank Limited. #26, Monivong Blvd, Sangkat Phsar Thmei II, Khan Daun Penh, Phnom Penh, Kingdom of Cambodia

We, the undersigned, agree to guarantee (not only as surety but also as principal debtor) all payment, repayment and reimbursement obligations of the Applicant, as well as all

indebtedness of the Applicant, under or in respect of each Credit or the T&C in the Bank’s favor in an amount of not exceeding and to be jointly and severally liable to the Bank with the Applicant for the ful fif ilment of terms of each Credit and the T&C. We also consent to any extension, renewal

or modif i fication of each Credit and waive all rights under Articles 905-3 and 916 of the Civil Code of Cambodia (or its amendment or replacement thereof) as well as any

defense that we may have against the Bank.

( )

Guarantor

( )

Witness

Guarantee

Terms & Conditions of Application for Issuance of Documentary Letter of Credit

(v)

and the validity, accuracy, genuineness, terms or suff iciency of any document tendered;