Lodgement Authority
Documents under Letter of Credit
Please refer to the following Letter of Credit (“Credit”)
Date
/
/
Beneficiary/Customer
NAB reference number
In all communications please quote the following details of the Credit:
L/C no.
Dated
/
Establishing Bank
/
Applicant Name
Beneficiary’s invoice/other reference number
The presentation relevant to this Lodgement Authority is subject to, and terms used herein have the meaning they have in, the
version of the Uniform Customs and Practice for Documentary Credits published by the International Chamber of Commerce, Paris
current as at the date of this Lodgement Authority (“UCP”), and where applicable, the Supplement to the Uniform Customs and
Practice for Documentary Credits for Electronic Presentation (“eUCP”), unless otherwise defined. “Documents” means any paper
based document as required by the Credit and, where the Credit indicates that it is subject to eUCP, any electronic record (as
defined in the eUCP and permitted by the Credit) which is presented in a format acceptable to NAB (including your notice that a
presentation is complete).
We present:
1. Credit – the original Credit plus any and all amendments thereto (unless alternative arrangements have been agreed with NAB)
2. Documents presented in paper based form (indicate number of documents)
Draft
C’cial
invoice
Phyto
Cert
Pkt/Wt
list
Official
Cert
Cert
Origin
Analysis
Cert
Insurance
Cert
B/L
AWB
Ben
cert
Inspec
cert
Notice of
Completeness
Insurance
Cert
B/L
AWB
Ben
cert
Inspec
cert
Notice of
Completeness
Other documents (please specify name and quantity
Documents presented in electronic form acceptable to NAB
Draft
C’cial
invoice
Phyto
Cert
Pkt/Wt
list
Official
Cert
Cert
Origin
Analysis
Cert
Other documents (please specify name and quantity
* If any documents are presented in electronic form, a notice of completeness must be presented to signify when your document presentation is complete
(refer Article e5(c), eUCP).
Draft/Drawing details
Currency
Amount
Customer special Instructions for handling of Documents.
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Instructions to NAB (select only one) I/We have read and agreed to the following and the General and Financing terms and
conditions herein:
Please credit proceeds to my/our account upon receiving payment from the Credit reimbursing bank.
Please finance the Credit and Documents on a full recourse basis against my/our Overseas Bills Purchased or Trade Refinance
(each my/our “facility”) limit (subject to my/our facility terms and conditions and limit availability) until the full value of the
documents plus, if applicable, interest and bank charges is paid by the reimbursing bank.
Please finance the Credit and Documents on a limited recourse basis, subject to bank and country limit availability.
Other (e.g. confirmation/silent confirmation if applicable). Refer individual export letter of credit confirmation offer
documentation attached.
Settlement Proceeds Instructions
Credit (amount)
to my/our Foreign Currency Account no.
Credit proceeds to my/our Australian Dollar BSB/account number
applying the following exchange conversion details:
(amount)
Converted at spot rate
(amount)
Delivered under Forward Exchange Contract no.
Company name
ABN
Authorised signature(s)
NAB use only
Customer number
General Terms and Conditions
1.NAB is managed, operated and processes customer information internationally and across its related entities (collectively, “NAB
Group”). Accordingly, information about you or the Services may be provided to other NAB Group entities and transmitted between
countries, and you irrevocably consent to this occurring.
2. Without limiting any other provision, you agree and acknowledge that:
(a)NAB’s provision of services to you (“Services”) may involve a foreign branch, financial institution or other provider (who may or
may not have been appointed by NAB).
(b)NAB is not obliged to do anything it considers may breach any trade or economic sanction, anti-money laundering or counterterrorism financing law or regulation.
(c)Disclosure of information about you may be required to give effect to the Services or under any law, regulation, court order or by
a government, regulatory or supervisory body and you consent to NAB making any such disclosure.
(d)If your presentation involves an electronic record permitted under the terms of the Credit, it is your responsibility to ensure it is in
a format which NAB is able to receive and view in full.
NAB excludes any liability (to the maximum extent permitted at law) in connection with the matters in this paragraph. Any liability for
loss which cannot be so excluded is limited to the cost of having the Services supplied again. For the avoidance of doubt, nothing in
this clause excludes any liability of NAB solely caused by NAB’s gross negligence or wilful default in carrying out its obligations to you
under an Agreement.
3.Fees and charges may be applicable for Services relating to the Credit, per NAB’s ‘Business Banking Fees, A guide to fees
and charges and/or International Trade Services: A guide to fees and charges’ booklet or otherwise separately advised to
you in writing.
S hould any instructions be required for this transaction, NAB may telephone the following person(s) who is/are authorised to
verbally give and receive instructions to/from NAB on our behalf.
Contact name
Telephone number
(
)
(
)
(
)
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Financing Terms and Conditions
If the Customer has requested that the Credit and Documents be financed (on a full recourse or limited recourse basis), such financing will
be governed by the following terms and conditions in addition to the General Terms and Conditions outlined above:
1.The Customer will pay NAB in immediately available funds all amounts due and payable under this financing within 2 business days of
being notified that the amount is due and payable.
2.The Customer indemnifies the NAB and will keep NAB indemnified in respect of all liabilities of the NAB and loss and damage,
including consequential and indirect losses and loss of profits, suffered by the NAB arising from the Customer’s breach of this
agreement, instruction or act or omission relating to this financing. 3. (Limited recourse): NAB’s offer to finance the Customer’s Credit and Documents is at the discretion of NAB and subject to:
(a) Sufficient bank and country limit availability at time of receiving this Lodgement Authority;
(b) The Credit and Documents being in order.
4.The indemnity obligations of the Customer in relation to loss or damage as described above will only apply in relation to limited
recourse financing if:
(a) there is an alleged fraud or an illegal act committed by the Customer or any of their officers; or
(b)an order of a court of competent jurisdiction prevents the issuing bank or the reimbursing bank from making payment under this
Credit drawing.
5.NAB will charge a margin over and above the NAB’s current standard applicable lending interest rate dependent on the Credit drawing
currency, until payment is received under the Credit. Margin applied will be as set out in a facility letter of offer (under the facility
details for a documentary letter of credit and/or trade refinance facility) or otherwise agreed. In the absence of a letter of offer or
other written agreement, a standard margin of 3% will apply. Fees, charges and interest are for the Customer’s account and are nonrefundable. This clause does not apply in respect of documentary letters of credit to which NAB has added its confirmation, which are
separately documented.
6. By and upon NAB’s first payment to you under the Credit (“Payment”):
a)NAB will be subrogated to, or if such subrogation is deemed ineffective for any reason you will be deemed to have assigned to
NAB from the date of Payment, all your rights, title to and interest in and claims arising in respect of:
• the documents negotiated by NAB under the Credit;
• the goods to which the documents relate and to the extent contractually and legally permitted, in the relevant contract of sale
or supply; and
• any insurance covering the goods and proceeds of any sale, disposal or distribution in connection with the goods
(“Related Rights”).
b)You represent and warrant to NAB that the Related Rights are legally valid, binding and enforceable and will not give rise to any
conflicting claims from third parties.
c)You agree to provide NAB with any other proof or claim to which you may be entitled in connection with the Related Rights, and
prior to such time, that you will hold such rights on trust for NAB.
7. If an Issuing Bank fails to make payment to NAB under the Credit (whether or not an Event has occurred), if requested by NAB, you
undertake (at NAB’s expense) to:
a)assist NAB in its recovery of payments, including to give effect to the matters referred to in paragraph 3 and to resolve any
discrepancies alleged by the Issuing Bank.
b)commence legal proceedings to enforce recovery against the Issuing Bank and/or any other person NAB may reasonably require.
c)pay over to NAB any amounts recovered or otherwise received by you from the Issuing Bank, or other party in connection with the
documents or goods the subject of the Credit and prior to doing so, hold such funds on trust for NAB.
8. NAB may seek to manage its risks in connection with the Credit, which may involve (without limitation) an assignment, participation,
insurance, guarantee or derivative transactions or other arrangements entered into by NAB with third parties.
9.This Lodgement Authority is governed by the laws of Victoria, Australia, and the parties submit to the non-exclusive jurisdiction of the
courts of Victoria, Australia.
©2016 National Australia Bank Limited ABN 12 004 044 937 AFSL and Australian Credit Licence 230686 66984A0816
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