unit1abriefintroductiontointernationaltrade(编辑修改稿)内容摘要:

son39。 s offer, his acceptance contained some additions to and modifications of the offer。 for example, Mr. Anderson asked for telegraphic transfer, Mr. Johnson sent the money to the bank to be kept there. According to Item 3 of Article 19 of the CISG, alteration to the mode of payment is material one, thus Mr. Johnson might keep silent and reject the acceptance. Unit 4 Trade Terms Keys I (Omited) II 1) F. Price terms, or trade terms, are used to indicated the different liabilities, cost and risks of the buyer and the seller. 2) F. WarsawOxford rules specialize in explaining CIF contracts. 3) T. 4) T. 5) F. On CIP terms the seller‟s responsibilities end when he hands over the goods to the carrier at the place of shipment, although he has to pay the freight rate and insurance premium. 6) T. 7) T. 8) F. By CFR Landed is meant that the seller pays for unloading the goods at the port of discharge. 9) T. 10) F. On FAS terms the seller needs only to put the goods within the reach of the ship‟s tackle. He is not responsible for loading the goods on board. III. Judgment a) Incorrect. On FOB terms the seller‟s responsibilities end when he delivers the goods at the port of shipment, that is, at one of the ports in China. b) Incorrect. On CIF terms the seller pays for transportation and insurance till the goods reach the destination。 the terms should be followed by the port of destination. c) Correct. d) Incorrect. On CIP terms the seller pays for transportation and insurance till the goods reach the destination。 the terms should be followed by the port of destination. e) Correct. f) Correct. g) Incorrect. On FOB terms the seller‟s responsibilities end when he delivers the goods at the port of shipment, that is, at one of the ports in China. h) Incorrect. On DES terms the seller must put the goods under the actual control of the buyer at the port destination。 a port of destination should be attached to DES. i) Incorrect. On DDP terms the seller must physically deliver the goods to the buyer at a named place in the import country, that is, a named place of destination should be added to DDP terms. j) Correct. IV. Translation 1) please refer to INCOTERMs (19900 2) you must load the goods on board in accordance with the stipulations of the INCOTERMS 3) In reference to the consignment of June 5 4) but our business is on cash payment whether the customs are new or old 5) meeting each other halfway and allowing you a 10% discount 6) the lowest FOB Liverpool prices of the following articles. 7) Our prices are subject to change without notice 8) As this is a big order, we hope you can make a 5% discount off the list price 9) Because of the frequent change of the market prices, it is not possible for us to keep the prices open for a whole week 10) to receive your cable offer of July 15 for 300 dozen shirts of sample CIF New York at USD 35 per dozen V. Case Study 1) It was not right for the buyer not to take delivery of the goods. In this case, the contract concluded between the seller and the buyer was on CIF terms, according to which, the seller‟s responsibilities ended when he loaded the goods on board the ship and paid the freight and insurance premium。 the risk separation was the side of the ship。 that is to say, the risks were transferred to the buyer or the other parties concerned after the seller put the goods on board the ship. Since the documents presented by the seller were right and proper, the seller could directly get paid form the Issuing Bank of the L/C. However, part of the goods got lost because of rough sea. Does this mean that the buyer suffered loss? It is definitely not the case because there are other two subcontracts existing on CIF termsI/P and Bill of Lading. In this case the buyer could claim damages with the insurance pany, but he had to take delivery of the goods. Obviously, the actual reason for the buyer‟s refusal to accept the goods in this case was that the prices of the goods were going down. This is, certainly, unjustified. 2) In this case the contract was concluded between Company E and Company W on FOB term, according to which the seller (Company E) ended his responsibilities when he delivered the goods on board the ship at the port of shipment. He did not need to pay for transportation of the goods or the insurance premium. Therefore, it was not right for W to ask E to pay the freight and indicate “Freight Repaid” on the Bill of Lading. The reason why W asked E to do that might be that he wanted to transfer the freight charges to E. However, in practical dealings, foreign trade panies often e across such situatio ns, especially when a contract is concluded with an agent, who wants to resells the goods. In this case, E might ply with W‟s request, but he had to indicated that the freight should be borne by W. Unit 5 Quality of Commodity Key: I. Give the Chinese equivalents for the following English terms: 1 本身所具有的特性 2 光泽、造型、结构 3 耐用性 4 可销售性 5 社会属 6 消毒 7 适用性 8 卫生 9 规格 10 水产品 11 跨国公司 12 保证生活质量 II. Two columns are given for you to decide which method is best suited for a certain modity. Please match them. 1 A , 2 C, 3 D, 4 E, 5 B, 6 G, 7 F, 8 H III. 单项选择题 IV. 多项选择题 V. 案例分析 答:买方的要求不尽合理。 理由如下: 采用 FOB术语成交,一般由买方负责租船订舱。 卖方可以接受卖方的委托代为租船订舱,但卖方不承担租不到船的责任 和风险。 就此案例来说,因公司代为租船没有租到,买方又不同意更换条件,因此,该公司不承担因自己未租到船而延误装运的责任,买方也不能因此提出撤消合同。 所以,买方的要求不合理,责任和风险应该由买方自己承担。 答:我方不能因床单受潮而拒付货款,也不能向卖方提出索赔。 理由如下: ( 1)采用 CIF术语成交时,属于象征性交货,卖方是凭单交货,买方是凭单付款,只要卖方如期向买方提交了合同规定的全套合格单据,即使货物在运输途中损坏或灭失,买方也必须旅行付款义务。 反之。
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