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A.B.进出口公司从拉丁美洲卡斯尔有限公司进口一笔鱼粉。A.B.进出口公司根据双方所签订的合同规定,通过开证行向卡斯尔有限公司开出信用证。信用证对货物重量和包装要求大约250公吨鱼粉,以新麻袋每袋不定量包装。信用证在单据条款中除要求提交发票、运输单据外,还要求包装单(Packing list)和重量检验证书(Inspection certificate of weight)。 买方A.B.进出口公司在开出信用证后,装运期已过仍未见卖方装运消息,即催卖方卡斯尔有限公司并责问未装运的原因。卡斯尔有限公司答复称:
A.B. Import and Export Company imports a fish meal from the Latin America Castle Company Limited. A.B. The Import and Export Company issued a letter of credit through the issuing bank to Castlel Limited in accordance with the contractual conditions signed by both parties. The letter of credit requires approximately 250 metric tons of fishmeal for the weight and packaging of the goods, and is not packaged in fresh sacks per bag. In addition to the requirements for submitting invoices and transport documents, the letter of credit requires a packing list and inspection certificate of weight. After the buyer A.B. Import & Export Company issued the letter of credit, the seller has still not seen the seller’s shipment message after the shipment period has expired, that is, prompting the seller, Castlel Limited, to question the reason for the non-shipment. Castlel Limited responded by saying: