UCP 600 Article 35: Disclaimer on Transmission and Translation — Complete Interpretation Guide

Introduction

UCP 600 Article 35 (Disclaimer on Transmission and Translation) is not lettered into (a)/(b)/(c). The operative text: 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 d

Failure Mode Analysis

Failure mode 1: Inventing Article 35(a)–(d)

Article 35 has no lettered sub-articles in the ICC text. Citing 35(a) or 35(c) is a fabrication. Isolate the paragraph as written.

Failure mode 2: Reading cargo instead of documents

Article 5 still applies: banks deal with documents, not goods. An examiner who investigates performance under Article 35 violates that split.

Applying the article

Read the limbs above as they stand in the ICC text. Do not import sub-articles from another article. Document examination remains UCP 600 Article 14: on the face of the documents, within five banking days following the day of presentation.

Conclusion

Use the article as printed. If a lettered sub-article is not in the text above, it is not part of the rule.

FAQ

Does UCP 600 Article 35 contain sub-articles (a) through (d)?

No. Article 35 is not lettered in the ICC text. Lettered 35(a)–(d) citations are fabrications.

Do banks examine goods under this article?

No. Article 5: banks deal with documents and not with goods, services or performance to which the documents may relate.

What clock applies to examination?

Article 14(b): a maximum of five banking days following the day of presentation, not curtailed by expiry.