Page:United States Statutes at Large Volume 77.djvu/742

From Wikisource
Jump to: navigation, search
This page needs to be proofread.
[77 STAT. 710]
[77 STAT. 710]
PUBLIC LAW 88-000—MMMM. DD, 1963

710

PUBLIC LAW 88-243-DEC. 30, 1963

[77 STAT.

(2) A telegram may be a sufficient signed writing if it identifies its sender by an authorized authentication. The authentication may be in code and the authorized naming of the issuer in an advice of credit is a sufficient signing. §28:5—105. Consideration No consideration is necessary to establisli a credit or to enlarge or otherwise modify its terms. § 28:5—106. Time and effect of establishment of credit (1) Unless otherwise agreed a credit is established (a) as regards the customer as soon as a letter of credit is sent to him or the letter of credit or an authorized written advice of its issuance is sent to the beneficiary; and (b) as regards the beneficiary when he receives a letter of credit or an authorized written advice of its issuance. (2) Unless otherwise agreed once an irrevocable credit is established as regards the customer it can be modified or revoked only with the consent of the customer and once it is established as regards the beneficiary it can be modified or revoked only with his consent. (3) Unless otherwise agreed after a revocable credit is established it may be modified or revoked by the issuer without notice to or consent from the customer or beneficiary. (4) Notwithstanding any modification or revocation of a revocable credit any person authorized to lionor or negotiate under the terms of the orignial credit is entitled to reimbursement for or honor of any draft or demand for payment duly honored or negotiated before receipt of notice of the modification or revocation and the issuer in turn is entitled to reimbursement from its customer. §28:5—107. Advice of credit; confirmation; error in statement of terms (1) Unless otherw^ise specified an advising bank by advising a credit issued by another bank does not assume any obligation to honor drafts drawn or demands for payment made under the credit but it does assume obligation for the accuracy of its owm statement. (2) A confirming bank by confirming a credit becomes directly obligated on the credit to the extent of its confirmation as though it were its issuer and acquires the rights of an issuer. (3) Even though an advising bank incorrectly advises the terms of a credit it has been authorized to advise the credit is established as against the issuer to the extent of its original terms. (4) Unless otherwise specified the customer bears as against the issuer all risks of transmission and reasonable translation or interpretation of any message relating to a credit. § 28:5—108. "Notation credit"; exhaustion of credit (1) A credit which specifies that any person purchasing or paying drafts drawn or demands for payment made under it must note the amount of the draft or demand on the letter or advice of credit is a "notation credit". (2) Under a notation credit (a) a person paying the beneficiary or purchasing a draft or demand for payment from liim acquires a right to honor only if the appropriate notation is made and by transferring or forwarding for honor the documents under the credit such a person warrants to the issuer that the notation has been made; and (b) unless the credit or a signed statement that an appropriate notation has been made accompanies the draft or demand for payment the issuer may delay honor until evidence of notation has been procured which is satisfactory to it but its obligation and