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Presentation of export documents cover sheet - HSBC · Presentation of export documents cover sheet ... any unauthorised act or otherwise), ... amount we finance and will be payable

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Page 1: Presentation of export documents cover sheet - HSBC · Presentation of export documents cover sheet ... any unauthorised act or otherwise), ... amount we finance and will be payable

Presentation of export documents cover sheet

1. Your details

3. Buyer details (documentary collections only)

2. Presentation details

Presenter name* (in full)

Buyer’s name* (in full)

Buyer’s bank’s telephone number

Name of contact person* (for queries)

Buyer’s bank’s address*

Telephone* Your reference (if any)

Email

Address

Buyer’s bank’s name* (This will be the presenting bank under the documentary collection)

(Use this form to send us documents you would like us to present for you as the beneficiary under a documentary letter of credit or as principal under a documentary collection)

2.1 Type of presentation* (please select one)

2.3 Please tell us the amount you want us to demand under the documentary collection or documentary letter of credit* (please complete both)

2.2 Documentary letter of credit reference number*

*Denotes a mandatory field

Documentary collection(please go to section 2.3)

Documentary letter of credit (please go to section 2.2)or

Currency

Amount (in figures)

(Please provide details of the buyer under the documentary collection and their bank. If you do not provide details of the buyer’s bank, HSBC will use the HSBC office most local to the buyer)

Buyer’s bank’s SWIFT code

?

GTRF UK PE 003 Apr 2015 1/5

Page 2: Presentation of export documents cover sheet - HSBC · Presentation of export documents cover sheet ... any unauthorised act or otherwise), ... amount we finance and will be payable

4. Payment terms (documentary collections only)

sight

shipment date

invoice date

4.1 What are the payment terms?*

4.2 Maturity date*

4.3 If the bill of exchange is not accepted, or is not paid at maturity, do you want us to instruct the presenting bank to protest it*

Documents against payment (please go to section 4.4)

Documents against acceptance of a bill of exchange (please go to section 4.2)

or

Number of days (please specify)

Other (please specify)

after (please select one)

?

NoYes or

4.4 Pending arrival of the goods, may acceptance or payment be deferred*

4.5 In case of need, refer to: (for example your agent/forwarder in the buyer’s location)

4.6 Charges* (please select one. You will remain liable for any charges the buyer does not pay)

4.7 May the charges for the account of the buyer be waived if refused* (if you select “yes” we will collect any refused charges from you)

4.8 Additional instructions For example:

• ifyouwantustoclaiminterestfromthebuyeruptothedateofpaymentunderthecollection,pleasetellustherate, start and end date, and whether the charge can be waived or not

• ifyouwantthebuyer’sbanktoavalisethebillofexchangei.e.toadditsguaranteetopayshouldthebuyerfailtopay at maturity, please tell us and indicate whether you or the buyer will be responsible for paying the avalisation fees. Unless you expressly tell us otherwise, we will collect the avalisation fees from you, even if you have selected “collect foreign bank charges only from buyer” in section 4.6 above

? No

No

Yes

Yes

or

or

You will pay all charges

collect all charges from buyer

collect foreign bank charges only from buyer

GTRF UK PE 003 Apr 2015 2/5

Page 3: Presentation of export documents cover sheet - HSBC · Presentation of export documents cover sheet ... any unauthorised act or otherwise), ... amount we finance and will be payable

5. Documents you are enclosing for presentation (please complete all that apply)

5.1 Invoice(s)*

5.2.1 Type of transport documents* (Please provide details of the transport document below)

5.2.2 If you are supplying copies of transport documents only, please confirm the whereabouts of the originals below

Full set of clean “on board” sea bills of lading, made out to order and blank endorsed

Original(s)

5.4.4 Other documents (If ‘yes’, please specify below)

Copies (please specify in figures or put 0)

Full set of multi-modal transport documents, made out to order and blank endorsed

Air waybill showing the actual date of departure, including flight number and evidencing dispatch to the destination airport

Road, rail or other transport document (Please provide details of the other transport document below)

5.4 Any other documents (please select one)

5.3 Bill of exchange / draft (original only) Yes

Yes (please complete all of this section 5.4)

No

No

or

or

and

5.2 Transport documents(s)* Original(s) Copies (please specify in figures or put 0)and

5.4.1 Packing list Original(s) Copies (please specify number or put zero)and

5.4.2 Inspection certificate Original(s) Copies

(please specify number or put zero)and

5.4.3 Insurance policy / certificate Original(s) Copies

(please specify number or put zero)and

GTRF UK PE 003 Apr 2015 3/5

6. Payments

6.1 Do you want us to provide you with finance for this transaction?* (that is pay you earlier than you would otherwise be paid under the documentary letter of credit or documentary collection)

6.2 Please give details of the account to credit with the amount(s) payable to you in connection with this presentation*

6.3 Please give details of the account to debit charges due from you in connection with this presentation*

Yes (please read sections 8.8 through 8.13 carefully before selecting this option) Noor

Sort code

HSBC Sort code

Account number

Account number

– –

– –

?

Page 4: Presentation of export documents cover sheet - HSBC · Presentation of export documents cover sheet ... any unauthorised act or otherwise), ... amount we finance and will be payable

7. Special instructions (if any)

Please note, unless you specifically instruct us otherwise (for instance, in the the box below):

• forspeed,wherepossibleallinterbankcommunicationswillbebySWIFT(notechargesapply) • forspeedandtrackability,wewillsendalldocumentsbycourierinonepacket(notechargesapply)

8. TermsBy making this request, you are agreeing the following.8.1 HSBC, we, our and us refer to the member of the HSBC Group to which you, the Presenter, are making this

request.8.2 You request HSBC to present the documents detailed in section 5 (Documents you are enclosing for

presentation) above, under the documentary letter of credit (LC) or documentary collection (collection) detailed in section 2 (Presentation details) above.

8.3 You acknowledge that the presentation(s) made at your request will be subject to: (a) if made under an LC, the Uniform Customs and Practice for Documentary Credits International Chamber of Commerce Publication Number 600 or, if different, the revision of those rules to which that LC is subject (UCP); or (b) if made under a collection, the Uniform Rules for Documentary Collections International Chamber of Commerce Publication Number 522 or, if different, the latest revision of those rules as at the date of the presentation (URC).

8.4 This request and any finance we provide to you in connection with it will be supported by, and subject to, the following terms in the following order of priority: (a) first, the applicable facility letter or other agreement(s) between you and HSBC for the provision of trade finance; (b) secondly, the terms in this request form; and (c) thirdly, any other terms that apply generally to any trade service or trade finance we provide to you.

8.5 You represent and warrant that neither you, nor any of your subsidiaries, nor any of your or your subsidiary’s directors, officers, employees, agents or affiliates, is an individual or entity (person) that is, or is owned or controlled by, persons that are: (a) the target or subject of any sanctions administered or enforced by the US Department of the Treasury’s Office of Foreign Assets Control, the US Department of State, the United Nations Security Council, the European Union, Her Majesty’s Treasury or under the laws of the place where the HSBC office to which you are making this request is located, your jurisdiction of incorporation or HSBC’s jurisdiction of incorporation (collectively, sanctions); or (b) located, organised or resident in a country or territory that is, or whose government is, the target or subject of sanctions.

8.6 You undertake that you will not, directly or indirectly, use, or facilitate the use by any of your subsidiaries or joint venture partners or by any other person of, the trade product you are requesting from us in this request: (a) to fund any activities or business of, or with, any person, or in any country or territory, that, at the time of such funding, is, or whose government is, the target or subject of sanctions; or (b) in any other manner that would result in a violation of a sanction by any person. You represent and warrant to us that the details in this request form, or in any other document you provide to us in connection with this request, about the underlying relationship and the related goods (the goods) or services are accurate and are those of a genuine transaction(s).

8.7 You confirm that you: (a) comply in each jurisdiction in which you operate with all applicable anti-bribery laws of that jurisdiction and of your jurisdiction of incorporation; and (b) are not party to, or used by any other person for, any money laundering or terrorism financing.

8.8 If you have asked us to provide finance by answering ‘yes’ to section 6.1, and HSBC agrees to provide you with finance, HSBC will do this on the following basis. We are not providing you with a loan. In the case of a collection, we will provide you with finance by buying the presentation documents and related rights in the goods from you (called negotiation). Where we are confirming bank under the LC, we will provide you with finance by paying early (but at a discount). Where we are a nominated bank but not confirming bank under the LC, we will provide you with finance either by paying early (but at a discount) or by negotiation. Where we are a nominated bank but not confirming bank under the LC or where the presentation is under a collection, unless we expressly agree otherwise in writing and in advance of the date we provide the finance, we will provide the finance on a with-recourse basis. By this we mean that if the presentation is rejected or the buyer or the relevant bank does not pay for any other reason (such as, without limitation, any alleged or actual invalidity, non-compliance or unenforceability of the presentation, any of the presentation documents, the underlying trade transaction or the LC (whether arising out of fraud, illegality, any unauthorised act or otherwise), or any injunction or other court order preventing such payment, whether or not subsequently discharged), we have the option to: (a) demand a refund of the early payment amount plus payment of the discount amount; or (b) sell the presentation documents and related rights back to you (each, the repurchase option). In all cases where we negotiate, you must not tell your buyer or its bank about us paying you early unless we agree otherwise. This is to enable us to still make the presentation as your agent, if doing so may be beneficial. We may tell your buyer’s bank about the negotiation.

8.9 The purchase price we pay you when we negotiate the presentation documents will be the amount we

GTRF UK PE 003 Apr 2015 4/5

6.4 Currency conversions (Please complete if you want us to conduct any currency conversions under specific foreign exchange (FX) contract(s)

HSBC FX contract number(s)

6. Payments (continued)

Page 5: Presentation of export documents cover sheet - HSBC · Presentation of export documents cover sheet ... any unauthorised act or otherwise), ... amount we finance and will be payable

demanded for you under the presentation (which will usually be the amount you specified in section 2.3 above) (the demand amount) less a negotiation fee. If we only finance part of the demand amount under a collection, we will pay you the purchase price in two instalments. The first instalment will be the amount we finance and will be payable on the negotiation date. We will only be liable to pay the second instalment if and to the extent we receive amounts in excess of the sum of: (a) the amount we financed; (b) the applicable negotiation fee; (c) where payment of the amount we financed is received by us after its due date, without double-counting, any late payment interest we are entitled to claim in respect of the amount we financed or, at our option, the costs we incur in funding (from whatever sources we reasonably select) the amount we financed from its due date to the date we receive full payment of the amount we financed; and (d) any other loss, cost or expense we have incurred in protecting, preserving or enforcing our rights to be paid the demand amount Provided we receive: (i) an amount in excess of the sum of (a) through (d) above; (ii) for application in or towards payment of the demand amount and any other related amounts; (iii) no later than 30 days after the due date for payment of the demand amount, we will pay that excess amount to you as a second instalment of the purchase price.

8.10 If we exercise the repurchase option, the repurchase price (or refund amount) you must pay us is: (a) the demand amount (or if less the amount we financed); plus (b) in the case of (i) a collection, the negotiation fee; and (ii) a presentation under an LC, an amount equal

to interest on the demanded amount up to but excluding the due date for you to pay us the repurchase price (or refund amount) from and including the maturity date of the presentation under the LC (or, if the presentation was not accepted, the maturity date the presentation under the LC would have had if the presentation had been accepted);

minus (c) any of the amounts in (a) or (b) above that we have already received.8.11 You must pay us a fee for the negotiation or early payment. For an LC, the fee will be an amount equal to

interest on the demand amount for a period from and including the date we provide the financing to and excluding the anticipated maturity date of the LC. This fee will be payable on the date we give you the financing and we will charge it by deducting it from the financing amount we give you. For a collection, the negotiation fee will be an amount equal to interest on the demand amount (or, if less, the amount we finance) for a period from and including the date we provide the financing to and excluding: (a) the date the presentation is paid by the buyer or its bank; or (b) if we exercise the repurchase option, the due date for you to pay us the repurchase price. You must also pay us a financing fee for arranging the financing.

8.12 The rate of interest we will use for any interest calculation in connection with a negotiation fee or repurchase price will be the rate we agree with you before the negotiation or, if we do not agree a rate with you, our standard interest rate at the relevant time for the relevant currency. Details of our standard fees, interest rates and payment times are available on request.

8.13 Protest of bills of exchange/drafts is not available in all jurisdictions.8.14 You irrevocably authorise HSBC to debit the account specified in section 6.3 (or any alternative account you

have specified for this purpose in section 7 (Special instructions) or in any standing instructions we have from you) with the amount of any repurchase price you owe us in connection with this request when that amount falls due.

8.15 You irrevocably authorise HSBC to debit: (a) the account specified in section 6.3 above; or (b) if no account is specified, in accordance with any standing instructions we have from you that apply to amounts of that type; or (c) if we have no standing instructions for payments of amounts of that type, any account you hold with HSBC, with any amount you owe us in connection with this request when that amount falls due.

8.16 If currency conversions are needed to carry out your instructions or authorisations above: (a) if you have specified details of any FX contract(s) that you have with HSBC in section 6.4 above, you are exercising your option to take up those FX contract(s), subject to their terms; and (b) absent an applicable FX contract or spot trade, you authorise us to carry out the relevant currency conversion(s) using HSBC’s selling rate for the relevant currencies at the relevant time.

8.17 We are entitled to examine any documents you send solely for the purpose of verifying information in this request form. By receiving any documents you send, we will not be deemed to be on notice of any other information contained in those documents.

8.18 Your request and the terms of this section 8, and any non-contractual obligations arising in connection with any of them, are governed by: (a) the law that governs the trade facility under which you are making this request; or (b) if you have no such trade facility with HSBC, the law of the jurisdiction in which the HSBC office to which you make this request is located, and are subject to the non-exclusive jurisdiction of the courts in that jurisdiction.

Signed by the Borrower or its authorised representative(s), for instance, those authorised under its mandate.

Date

Signature

To submit your request

Please post this form and all the documents you have detailed in section 5 (Documents you are enclosing for presentation) to your assigned Global Trade and Receivables Finance (GTRF) Services centre at either:

GTRF Services LeicesterHSBC Bank plc51 De Montfort StreetLeicesterLE1 7BBTel: 0345 600 1522Email: [email protected]

GTRF Services ManchesterHSBC Bank plc3rd Floor, 4 Hardman SquareSpinningfields, ManchesterM3 3EBTel: 0345 587 3416Email: [email protected]

If you are unsure which GTRF Services centre is assigned to you, please call either centre to confirm. We do not accept presentation requests by email or fax.

Print name

Signature

Print name

GTRF UK PE 003 Apr 2015 © HSBC Bank plc. All Rights Reserved5/5