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In their contract of sale of Dr Sage's Special Powders, AWLS (Melbourne distributor of health supplements and natural remedies) and Happy Herbs Ltd (US manufacturer

In their contract of sale of Dr Sage's Special Powders, AWLS (Melbourne distributor of health supplements and natural remedies) and Happy Herbs Ltd (US manufacturer and distributor of natural and herbal remedies) agreed that payment would be by a commercial letter of credit. When Happy Herbs informed the purchaser, AWLS, that the powders were ready for delivery, AWLS opened a letter of credit with the National Wealth Bank (NWB) and the Bank of Los Angeles (BLA) was named as the advising bank. The letter of credit specified that it incorporated the UCP600 rules, and that presentation must be made within 10 calendar days of the shipment or before 15 July 2018, which is when the credit expires.

AWLS organised for transport of the goods by air with Los Angeles Airways. On 10 June, after being advised that the credit was opened by the Bank of Los Angeles, HH shipped to the goods to Los Angeles Airport, and Los Angeles Airways took delivery of the goods, issuing an Air Waybill.

However, HH has encountered a problem in obtaining payment under its letter of credit. After shipping the goods on 10 June, a HH representative presented documents and a request for payment on Friday, 21 June 2018. On the following Wednesday the manager of the Bank of Los Angeles contacted HH and advised HH that the Bank was refusing payment on the following grounds:

  • The letter of credit described the goods as 100,000 units Dr Sages Special Powders. However, the invoice presented describes the goods as 100,000 units Dr Sages Special Remedy Powders lavender, sage, corn flour not more than 30%
  • The presentation is too late

Discuss whether HH has made a complying presentation with reference to any relevant UCP600 Rules and any relevant cases.

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