- 20 Marks
Question
Mr. Bob Ferguson, senior director of your customer, Adelaide Ltd is negotiating for the first time with suppliers abroad to purchase some outwear garments, which are at present unobtainable in the UK. The terms of payment which the sellers have suggested are a 90 days’ sight draft D/A with presentation through a UK bank. You understand that the presentation will be subject to Uniform Rules for Collections (and the shipping terms are to be CFR UK port). Your customer believes that he will have the opportunity of examining the goods when they are received in the UK and that, if they are not in accordance with specification, he can refuse the goods and will not be liable to pay the sellers, since all charges will be against the goods.
Required
a) Write brief notes on the terms of payment mentioned above; [4 marks]
b) Indicate the instructions you would expect to see on the collection order; [8 marks]
c) What would say to the suggestion by Mr. Bob Ferguson that, if goods were not in accordance with specification, the company could refuse to take up and pay for them? [6 marks]
d) How can the drawee obtain a measure of protection with D/A collections? [2 marks] [Total Marks 20]
Answer
a). The terms of payment are a 90-day sight draft on documents against acceptance (D/A), subject to Uniform Rules for Collections (URC 522).
This means the seller draws a bill of exchange on the buyer (drawee) payable 90 days after sight, accompanied by shipping documents. The presenting bank releases the documents to the buyer upon acceptance of the bill (the buyer signs acceptance, committing to pay at maturity). Payment is made at the end of the 90 days. It provides credit to the buyer but risk to the seller, as title passes upon acceptance. Under CFR terms, risk transfers to the buyer when goods are loaded on the vessel at the port of shipment.
b). The instructions on the collection order (under URC 522) would typically include:
- Deliver documents against acceptance (D/A).
- Protest in case of non-acceptance.
- Case of need instructions (e.g., contact the seller or agent for further instructions if issues arise).
- Advise fate by SWIFT or airmail (notify acceptance or non-acceptance).
- Collect all banking charges from the drawee if possible, otherwise from principal.
- Do not waive charges.
- In case of non-acceptance, store goods and insure if necessary.
- The bill is subject to URC 522.
These ensure orderly handling, with practical examples in Ghana where banks like GCB use standard forms compliant with BoG and ICC rules.
c). Mr. Bob Ferguson’s suggestion is incorrect and risky.
Under D/A, the buyer accepts the bill and receives the documents before fully inspecting the goods, as acceptance occurs upon presentation, and goods may still be in transit or at port. Once accepted, the buyer is legally obligated to pay at maturity under the bill of exchange, even if the goods are later found not in accordance with specification. Refusal to pay would be a breach, exposing the company to legal action. Claims for non-conformity would need to be pursued separately against the seller or via insurance, not by refusing payment. In CFR terms, risk is with the buyer from shipment, so inspection should be arranged pre-shipment if possible. In Ghanaian practice, such assumptions have led to disputes, emphasizing the need for LCs over D/A for new suppliers.
d). The drawee can obtain a measure of protection in D/A collections by requiring an independent inspection certificate (e.g., from SGS) to be included in the documents, confirming goods comply with specifications before acceptance, or negotiating for a conditional acceptance clause if allowed.
- Topic: Uniform Rules for Collections
- Series: OCT 2022
- Uploader: Samuel Duah