A trading company of China sold rice to a Japa
问题详情
A trading company of China sold rice to a Japanese Company in June 2006 and the payment was to be made by sight L/C. The total amount of goods was USD65000. The issuing bank of credit overseas designated a bank in China as the advising bank, confirming bank and negotiating bank. After the seller dispatched the goods in November 2006 , he presented the full set of documents including the L/C to the negotiating bank for negotiation. The negotiating bank checked the documents and then sent to the seller a notice indicating that the bank would make payment recently, but the seller had not received the money for a long time.
In December 2007, the negotiating bank advised the seller that the issuing bank dishonored the L/C for the documents were not in accordance with the terms of L/C.
Question: Could the seller get the payment？ Why and how？
(Translate the case into Chinese and then answer the question)
Helpful hint : The case is mainly about confirmed L/C.
参考答案
[翻译]中国某贸易公司于2006年6月向日本一公司售出大米一批，以即期信用证支付，总金额为65000美元。国外开证行指定我国的某银行为通知行、保兑行和议付行。我方公司于2004年1 1月装运完毕后，向议付行提示信用证规定的全套单据要求议付。议付行审核单据后向出口方发来通知，表示将于近期付款。但出口方却很长时间未收到该款项。
2007年12月，议付行突然通知出口方，说开证行发现单据与信用证有不符之处，因而拒绝付款。
请问：出口方能否收回货款?为什么?怎样收回货款?
The exporter could get the payment because the negotiating bank was also the confirming bank and it had agreed to make payment. Confirming bank shall pay the L/C .
The exporter should ask the confirming bank to pay the L/C.
