Title 11, Chapter 5, Section 109
( 11-5-109)
Issuer's obligation to its customer. (1) An issuer's obligation to its customer includes good faith and
observance of any general banking usage but unless otherwise agreed
does not include liability or responsibility: (a) For performance of the underlying contract for sale or other
transaction between the customer and the beneficiary; or (b) For any act or omission of any person other than itself or its
own branch or for loss or destruction of a draft, demand, or
document in transit or in the possession of others; or (c) Based on knowledge or lack of knowledge of any usage of any
particular trade. (2) An issuer must examine documents with care so as to ascertain
that on their face they appear to comply with the terms of the
credit but unless otherwise agreed assumes no liability or
responsibility for the genuineness, falsification, or effect of any
document which appears on such examination to be regular on its
face. (3) A nonbank issuer is not bound by any banking usage of which it
has no knowledge. |