New Jersey § 12a:5-108

§ 12a:5-108.

a. Except as otherwise provided in 12A:5-109, an issuer shall honor a presentation

that, as determined by the standard practice referred to in subsection e. of this

section, appears on its face strictly to comply with the terms and conditions of the

letter of credit. Except as otherwise provided in 12A:5-113 and unless otherwise agreed with the applicant,

an issuer shall dishonor a presentation that does not appear so to comply. b. An issuer has a reasonable time after presentation, but not beyond the end of the

seventh business day of the issuer after the day of its receipt of documents: (1) to honor; (2) if the letter of credit provides for honor to be completed more than seven business

days after presentation, to accept a draft or incur a deferred obligation; or (3) to give notice to the presenter of discrepancies in the presentation. c. Except as otherwise provided in subsection d. of this section, an issuer is precluded

from asserting as a basis for dishonor any discrepancy if timely notice is not given,

or any discrepancy not stated in the notice if timely notice is given. d. Failure to give the notice specified in subsection b. of this section or to mention

fraud, forgery, or expiration in the notice does not preclude the issuer from asserting

as a basis for dishonor, fraud or forgery as described in subsection a. of 12A:5-109

or expiration of the letter of credit before presentation. e. An issuer shall observe standard practice of financial institutions that regularly

issue letters of credit. Determination of the standard practice is a matter of interpretation for the court. The court shall offer the parties a reasonable opportunity to present evidence of

the standard practice. f. An issuer is not responsible for: (1) the performance or nonperformance of the underlying contract, arrangement, or

transaction; (2) an act or omission of others; or (3) observance or knowledge of the usage of a particular trade other than the standard

practice referred to in subsection e. of this section. g. If an undertaking constituting a letter of credit under paragraph (10) of subsection

a. of 12A:5-102 contains nondocumentary conditions, an issuer shall disregard the

nondocumentary conditions and treat them as if they were not stated. h. An issuer that has dishonored a presentation shall return the documents or hold

them at the disposal of, and send advice to that effect to, the presenter. i. An issuer that has honored a presentation as permitted or required by this chapter: (1) is entitled to be reimbursed by the applicant in immediately available funds not

later than the date of its payment of funds; (2) takes the documents free of claims of the beneficiary or presenter; (3) is precluded from asserting a right of recourse on a draft under 12A:3-414 and

12A:3-415; (4) except as otherwise provided in 12A:5-110 and 12A:5-117, is precluded from restitution

of money paid or other value given by mistake to the extent the mistake concerns discrepancies

in the documents or tender which are apparent on the face of the presentation; and (5) is discharged to the extent of its performance under the letter of credit unless

the issuer honored a presentation in which a required signature of a beneficiary was

forged.