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Câu 3:
L/C: 2021ABC2801123 dated 28th April, 2021
Amount: USD130,500.00
L/C at sight
Advising Bank: OCBC Shanghai
Beneficiary: Purple CouldCo., Ltd –HongKong
Applicant: Hung SangCo., Ltd
Issuing bank: ABC bank, Vietnam
After examining the presented documents, ABC bank advised the applicant about the compliance of documents, and then Hung Sang Co. agreed to pay and receive the documents for taking delivery.
ABC bank debited Hung Sang’s account and transferred money to the beneficiary on Friday 11th June 2021.
On the morning of 12th July 2021, Hung Sang completed the imported customs clearance and trucked the container to their warehouse, but when the container went through the scaling machine, the machine showed that the weight of the container was very light, not the same as the nature of the ordered goods.
Hung Sang immediately advised the ABC bank to hold the payment, but it was impossible because the transferring order went out.
According to ABC bank’s recommendation, Hung Sang asked SGS VN to survey the container while unpacking this container, and the survey report showed that the goods shipped in the container were not ones ordered by Hung Sang.
a.Who bears the above risk? Why?
b.Please suggest solutions to protect Applicant’s benefit in the future.
c. Another shipment (2 containers) which is also paid by at sight L/C sent by Purple Cloud will arrive at Haiphong Port in 2 more days, ABC bank is about to examine the documents. In the position of ABC bank, what would you do to protect the importer’s benefit?
 

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