Article 35 Disclaimer on Transmission and Translation
第三十五条关于信息传递和翻译的免责
A bank assumes no liability or responsibility for the consequences arising out of delay, loss in transit, mutilation or other errors arising in the transmission of any messages or delivery of letters or documents, when such messages, letters or documents are transmitted or sent according to the requirements stated in the credit, or when the bank may have taken the initiative in the choice of the delivery service in the absence of such instructions in the credit.
If a nominated bank determines that a presentation is complying and forwards the documents to the issuing bank or confirming bank, whether or not the nominated bank has honoured or negotiated, an issuing bank or confirming bank must honour or negotiate, or reimburse that nominated bank, even when the documents have been lost in transit between the nominated bank and the issuing bank or confirming bank, or between the confirming bank and the issuing bank.
A bank assumes no liability or responsibility for errors in translation or interpretation of technical terms and may transmit credit terms without translating them.
银行对技术术语的翻译或解释上的错误,不负责任,并可不加翻译地传送信用证条款。
Article 36 Force Majeure
第三十六条不可抗力
A bank assumes no liability or responsibility for the consequences arising out of the interruption of its business by Acts of God, riots, civil commotions, insurrections, wars, acts of terrorism, or by any strikes or lockouts or any other causes beyond its control.
A bank will not, upon resumption of its business, honour or negotiate under a credit that expired during such interruption of its business.
银行恢复营业时,对于在营业中断期间已逾期的信用证,不再进行承付或议付。
Article 37 Disclaimer for Acts of an Instructed Party
第三十七条关于被指示方行为的免责
a. A bank utilizing the services of another bank for the purpose of giving effect to the instructions of the applicant does so for the account and at the risk of the applicant.
a.为了执行申请人的指示,银行利用其他银行的服务,其费用和风险由申请人承担。
b. An issuing bank or advising bank assumes no liability or responsibility should the instructions it transmits to another bank not be carried out, even if it has taken the initiative in the choice of that other bank.
b.即使银行自行选择了其他银行,如果发出指示未被执行,开证行或通知行对此亦不负责。
c. A bank instructing another bank to perform services is liable for any commissions, fees, costs or expenses (“charges”) incurred by that bank in connection with its instructions.
If a credit states that charges are for the account of the beneficiary and charges cannot be collected or deducted from proceeds, the issuing bank remains liable for payment of charges.
A credit or amendment should not stipulate that the advising to a beneficiary is conditional upon the receipt by the advising bank or second advising bank of its charges.
信用证或其修改不应规定向受益人的通知以通知行或第二通知行收到其费用为条件。
d. The applicant shall be bound by and liable to indemnify a bank against all obligations and responsibilities imposed by foreign laws and usages.