South Carolina Code of Laws
Chapter 7 - Commercial Code - Warehouse Receipts, Bills Of Lading And Other Documents Of Title
Section 36-7-508. Warranties of collecting bank as to documents of title.

A collecting bank or other intermediary known to be entrusted with documents of title on behalf of another or with collection of a draft or other claim against delivery of documents warrants by the delivery of the documents only its own good faith and authority even if the collecting bank or other intermediary has purchased or made advances against the claim or draft to be collected.
HISTORY: 1962 Code Section 10.7-508; 1966 (54) 2716; 2014 Act No. 213 (S.343), Section 2, eff October 1, 2014.
OFFICIAL COMMENT
Prior Uniform Statutory Provision: Former Section 7-508.
Changes: Changes for style only.
Purposes:
1. To state the limited warranties given with respect to the documents accompanying a documentary draft.
2. In warranting its authority a collecting bank or other intermediary only warrants its authority from its transferor. See Section 4-203. It does not warrant the genuineness or effectiveness of the document. Compare Section 7-507.
3. Other duties and rights of banks handling documentary drafts for collection are stated in Article 4, Part 5. On the meaning of draft, see Section 4-104 and Section 5-102, comment 11.
Cross References:
Sections 4-104, 4-203, 4-501 through 4-504, 5-102, and 7-507.
Definitional Cross References:
"Collecting bank". Section 4-105.
"Delivery". Section 1-201.
"Document of title". Section 1-102.
"Documentary draft". Section 4-104.
"Intermediary bank". Section 4-105.
"Good faith". Section 1-201 [7-102.]

Editor's Note
2014 Act No. 213, Section 51, provides as follows:
"SECTION 51. This act becomes effective on October 1, 2014. It applies to transactions entered into and events occurring after that date."

Structure South Carolina Code of Laws

South Carolina Code of Laws

Title 36 - Commercial Code

Chapter 7 - Commercial Code - Warehouse Receipts, Bills Of Lading And Other Documents Of Title

Section 36-7-101. Short title.

Section 36-7-102. Definitions and index of definitions.

Section 36-7-103. Relation of chapter to treaty, statute, tariff, classification or regulation.

Section 36-7-104. Negotiable and nonnegotiable warehouse receipt, bill of lading or other document of title.

Section 36-7-105. Reissuance in alternative medium.

Section 36-7-106. Control of electronic document of title.

Section 36-7-201. Who may issue a warehouse receipt; storage under government bond.

Section 36-7-202. Form of warehouse receipt; essential terms; optional terms.

Section 36-7-203. Liability for nonreceipt or misdescription.

Section 36-7-204. Duty of care; contractual limitation of warehouse's liability.

Section 36-7-205. Title under warehouse receipt defeated in certain cases.

Section 36-7-206. Termination of storage at warehouse's option.

Section 36-7-207. Goods must be kept separate; fungible goods.

Section 36-7-208. Altered warehouse receipts.

Section 36-7-209. Lien of warehouse.

Section 36-7-210. Enforcement of warehouse's Lien.

Section 36-7-301. Liability for nonreceipt or misdescription; "said to contain"; "shipper's weight, load, and count"; improper handling.

Section 36-7-302. Through bills of lading and similar documents.

Section 36-7-303. Diversion; reconsignment; change of instructions.

Section 36-7-304. Tangible bills of lading in a set.

Section 36-7-305. Destination bills.

Section 36-7-306. Altered bills of lading.

Section 36-7-307. Lien of carrier.

Section 36-7-308. Enforcement of carrier's lien.

Section 36-7-309. Duty of care; contractual limitation of carrier's liability.

Section 36-7-401. Irregularities in issue of receipt or bill or conduct of issuer.

Section 36-7-402. Duplicate document of title; overissue.

Section 36-7-403. Obligation of bailee to deliver; excuse.

Section 36-7-404. No liability for good-faith delivery pursuant to document of title.

Section 36-7-501. Form of negotiation and requirements of "due negotiation".

Section 36-7-502. Rights acquired by due negotiation.

Section 36-7-503. Document of title to goods defeated in certain cases.

Section 36-7-504. Rights acquired in the absence of due negotiation; effect of diversion; seller's stoppage of delivery.

Section 36-7-505. Indorser not a guarantor for other parties.

Section 36-7-506. Delivery without indorsement; right to compel indorsement.

Section 36-7-507. Warranties on negotiation or delivery of document of title.

Section 36-7-508. Warranties of collecting bank as to documents of title.

Section 36-7-509. Adequate compliance with commercial contract.

Section 36-7-601. Lost, stolen, or destroyed documents of title.

Section 36-7-602. Judicial process against goods covered by negotiable document of title.

Section 36-7-603. Conflicting claims; interpleader.