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在無該項指示時,代收行將自行選擇通知方法寄送有關(guān)的通知,而其費用應(yīng)由向其發(fā)出托收指示的銀行承擔。F. Other ProvisionsArticle 22AcceptanceThe presenting bank is responsible for seeing that the form of the acceptance of a bill of exchange appears to be plete and correct, but is not responsible for the genuineness of any signature or for the authority of any signatory to sign the acceptance.提示行有責任注意匯票承兌形式看來是完整和正確的,但是,對任何簽字的真實性或簽署承兌的任何簽字人的權(quán)限不負責任。c. Where the collection instruction expressly states that interest may not be waived and the drawee refuses to pay such interest the presenting bank will not deliver document and will not be responsible for any consequences arising out of any delay in the delivery of document(s). When payment of interest has been refused, the presenting bank must inform by telemunication or, if that is not possible, by other expeditious means without delay the bank from which the collection instruction was received.如托收指示中明確地指明利息不得放棄而付款人以拒付該利息,提示行將不交單,并對由此所引起的延遲交單所產(chǎn)生的后果將不承擔責任。Article 19Partial Payments分期付款a. In respect of clean collections, partial payments may be accepted if and to the extent to which and on the conditions on which partial payments are authorized by the law in force in the place of payment. The financial document(s) will be released to the drawee only when full payment thereof has been received.在光票托收中可以接受分期付款,前提是分批的金額和條件是付款當?shù)氐默F(xiàn)行法律所允許。 b. If the documents do not appear to be listed, the remitting bank shall be precluded from disputing the type and number of documents received by the collecting bank.(2)如果單據(jù)與所列表面不相符,寄單行對代收行收到的單據(jù)種類和數(shù)量應(yīng)不得有爭議;c. Subject to subarticle 5 (c) and subarticle 12 (a) and 12 (b) above, banks will present documents as received without further examination.(3)根據(jù)第五款(3)和第十二款式、以及上述(2),銀行將按所收到的單據(jù)辦理提示而無需做更多的審核。 b. Banks have no obligation to take any action in respect of the goods to which a documentary collection relates, including storage and insurance of the goods even when specific instructions are given to do so. Banks will only take such action if, when, and to the extent that they agree to do so in each case, notwithstanding the provisions of subarticle 1 (c), this rule applies even in the absence of any specific advice to this effect by the collecting bank. 銀行對與跟單托收有關(guān)的貨物即使接到特別批指示也沒有義務(wù)采取任何行動包括對貨物的倉儲和保險,銀行只有在個案中如果同意這樣做時才會采取該類行動。Article 7Release of Commercial Documents第七款 商業(yè)單據(jù)的交單(承兌交單D/A和付款交單D/P)Documents Against Acceptance (D/A) vs. Documents Against Payment (D/P)a. Collection should not contain bills of exchange payable at a future date with instruction that mercial documents are to be delivered against payment. 附有商業(yè)單據(jù)必須在付款時交出的托收指示,不應(yīng)包含遠期付款的匯票。Expressions such as “first”, “prompt”, “immediate”, and the like should not be used in connection with presentation or with reference to any period of time within which documents have to be taken up or for any other action that is to be taken by the drawee. If such terms are used banks will disregard them. 諸如首先、迅速、立即和類似的表述不應(yīng)用于提示、或付款人贖單采取任何其他行動的任何期限。B.Form and Structure of Collections托收的形式和結(jié)構(gòu)Article 4Collection Instruction第四款 托收指示A i. All documents sent for collection must be acpanied by a collection instruction indicating that the collection is subject to URC522 and giving plete and precise instructions. Banks are only permitted to act upon the instructions given in such collection instruction, and in accordance with these Rules. 所有送往托收的單據(jù)必須附有一項托收指示,注明該項托收將遵循《托收統(tǒng)一規(guī)則》第522號文件并且列出完整和明確的指示。 金融單據(jù)是指匯票、本票、支票或其他類似的可用于取得款項支付的憑證;II. “Commercial documents” means invoice, transport documents, documents of title or other similar documents, or any other documents whatsoever, not being financial documents.商業(yè)單據(jù)是指發(fā)票、運輸單據(jù)、所有權(quán)文件或其他類似的文件,或者不屬于金融單據(jù)的任何其他單據(jù)。ICC Uniform Rules for CollectionsICC Publication No. 5221995 Revision in force as of January 1, 1996CONTENTA. General Provisions and DefinitionsApplication of URC 522Definition of CollectionParties to a CollectionB. Form and Structure of CollectionsC. Form of PresentationPresentationSight/AcceptanceRelease of Commercial DocumentsDocuments Against Acceptance (D/A) vs Documents Against Payment (D/P)Creation of DocumentsD. Liabilities and ResponsibilitiesGood Faith and Reasonable CareDocuments vs. Goods/Services/PerformancesDisclaimer for Acts of an Instructed PartyDisclaimer on Documents ReceivedDisclaimer on Effectiveness of DocumentsDisclaimer on Delays, Loss in Transit and TranslationForce MajeureE. PaymentPayment Without DelayPayment in Local CurrencyPayment in Foreign CurrencyPartial PaymentF. Interest, Charges and ExpensesInterestCharges and ExpensesG. Other ProvisionsAcceptancePromissory Notes and other InstructionsProtestCaseofNeedAdvicesA. General Provisions and Definitions總則和定義Article 1Application of URC 522第一款:《托收統(tǒng)一規(guī)則》第522號的應(yīng)用。Article 2Definition of Collection第二款 托收的定義For the purposes of these Articles: 就本條款而言:a.“Collection” means the handling by banks of documents as defined in subArticle 2 (b), in accordance received, in order to: 托收是指銀行依據(jù)所收到的指示處理下述(2)款所限定的單據(jù),以便于:I. obtain payment and/or acceptance, or取得付款和/或承兌;或II. deliver documents against payment and/or against acceptance, or憑以付款或承兌交單;或III. deliver documents on other terms and conditions. 按照其他條款和條件交單。 委托人即委托銀行辦理托收的有關(guān)人;II. the “remitting bank” which is the bank to which the principal has entrusted the handling of a collection。ii. The collecting bank will not be liable or responsible for any ensuing delay as a result of an inplete or incorrect address being provided. 代收銀行對因所提供地址不全或有誤所造成的任何延誤將不承擔責任或?qū)ζ湄撠?。e. The documents and collection instruction may be sent directly by the remitting bank to the collecting bank or through another bank as intermediary. 單據(jù)和托收指示可以由寄單行直接或者通過;另一銀行作為中間銀行寄送給代收行。 C. Liabilities and Responsibilities義務(wù)和責任Article 9 Good faith and Reasonable CareBanks will act in good faith and exercise reasonable care.