国际贸易理论与实务(英文版)Ch.18 Implementation
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(The seller is not liable if the buyer "knew or could not have been una ware” the third party’s right )
6
§2 Examination of and Amendment to the L/C
1. Urging the opening of L/C
A special purpose: to use such equipment in es.
Precondition: The buyer must have reliance on the s eller’s skill and judgment, e.g. the seller is an exper t in the manufacture or sale for the particular purpo se intended by the buyer.
1
§1 Cargo Readiness
1. Contractual quantity, quality and packing conformity requi rements
(1) Contractual quantity requirement
“100 M/T 5% more or less”, the buyer would be obliged to take delivery of
5
4. Ensuring freedom from third party claims
Ensure that the goods it delivers are not subject to rights or claims by a third party.
To ensure the goods he delivers do not infringe on the industrial property rights or other intellectual property rights of the third party.
8
UCP600 ARTICLE 30 (a):
” about ” or “approximately”
AMOUNT QUANTITY UNIT PRICE
±10% (tolerance)
9
UCP600 ARTICLE 30 (b):
if quantity NOT
± 5%
1. Number of packing units 2. Individual items
3. Customs clearance
Declaration of export goods shall be made 24 hours prior to loading unless otherwise specially approved by the Customs.
Fill in customs declaration forms (报关单) Submit appropriate documents: commercial invoice, export license, copy of sales contract, and inspection certificates, shipping order, etc.
2
2. Fitness for ordinary and particular purposes (1) Fitness for ordinary purposes
Canned fruits must be suitable for human consumption; Durable goods such as washing machines should remain durable (usab
(6) Partial shipments and/or drawings are permitted or allowed.
(7) Transshipment is permitted or allowed. (8) The documents required are obtainable. (9) Other special clauses.
any delivery between 95 M/T and 105 M/T.
(2) Contractual quality, description and packing requirements
Quality, description: the requirements in the contract will prevail. Packaging: sufficient to protect the goods.
15
§4 Documentation
1. Quality requirements for documents
(1) Accuracy: Doctrine of strict compliance
(2) Completeness: Types of documents, numbers of originals
11
3. Amendment to L/C
If the seller finds that the terms stipulated in the credit are not in li ne with those specified in the contract or not acceptable, he must i mmediately notify the buyer in the shortest possible time. Meanwh ile he should also keep in mind that shipment could not be effecte d until the L/C amendment arrives.
le) for an “ordinary period of time”. A buyer who purchases for resale is entitled to expect goods resalable i
n the ordinary course of business.
3
(2) Fitness for a particular purpose
and copies, items for each document.
(3) Promptness: Documents are ready when they are needed
to avoid any delay or confusion. (4) Conciseness: Not use redundant words or expressions. (5) Cleanness: No correction on the documents.
(1) The buyer fails to issue an L/C within the time stipulated in the contract.
(2) Goods are ready for shipment, the seller may also urge the buyer to open the L/C in order to advance shipment.
16
2. Period of time for presentation of documents
(1) The expiry date of the credit. (2) The period of time for presentation
specified in the credit. (3) 21 days after the date of shipment.
4
3. To timely fulfil the obligation to deliver
The time of delivery is governed first by the provisions of the contract.
The credit stipulates specific dates for the performance of partial shipments. If the beneficiary misses only one deadline for a partial shipment, he forfeits the right to claim payment under the credit for any subsequent deliveries.
1. Shipment
⑤ bill of lading
Shipper
④ mate’s receipt ① shipping note
Carrier
② shipping order
Captain
13
(Mate)
14
2. Insurance
The date of the insurance document shouldn’t be later than the date of shipment.
Partial acceptance of an amendment is not allowed and will be dee med to be notification of rejection of the amendment.
12
§3 Shipment, Insurance and Customs Clearance
3. Total amount of the drawings ≤the amount of the credit
10
(5) The latest date for shipment, date and place of credit expiry. The expiry place is usually in the beneficiary place.
7
2. Examining L/C
(1) The political background and financial standing of the issuing bank.
(2) The nature of the credit and the liabilities of the opening b ank.
Documentation
Settlement of Export proceeds in Foreign Exchange
Verification and Writing-off of Export Proceeds in
2F0o21r/e7i/g3n0 Exchange and Export Tax Rebate
17
3. Types of documents required by the credit
(1) Draft:
Draft drawn clause “drawn under XXX Bank L/C No. X XX dated XXX”.
Payee: negotiating bank or beneficiary, etc.
“This credit is not effective until we receive the notificatio n of import licenses”. (not acceptable)
(3) The unit price and total amount. (4) The quality, quantity, packing clauses.
CHAPTER 18 IMPLEMENTATION OF INTERNATIO NAL SALES CONTRACT
(CIF, L/C)
Cargo Readiness
Examination of and Amendment to L/C
Shipment, Insurance and Customs Clearance
6
§2 Examination of and Amendment to the L/C
1. Urging the opening of L/C
A special purpose: to use such equipment in es.
Precondition: The buyer must have reliance on the s eller’s skill and judgment, e.g. the seller is an exper t in the manufacture or sale for the particular purpo se intended by the buyer.
1
§1 Cargo Readiness
1. Contractual quantity, quality and packing conformity requi rements
(1) Contractual quantity requirement
“100 M/T 5% more or less”, the buyer would be obliged to take delivery of
5
4. Ensuring freedom from third party claims
Ensure that the goods it delivers are not subject to rights or claims by a third party.
To ensure the goods he delivers do not infringe on the industrial property rights or other intellectual property rights of the third party.
8
UCP600 ARTICLE 30 (a):
” about ” or “approximately”
AMOUNT QUANTITY UNIT PRICE
±10% (tolerance)
9
UCP600 ARTICLE 30 (b):
if quantity NOT
± 5%
1. Number of packing units 2. Individual items
3. Customs clearance
Declaration of export goods shall be made 24 hours prior to loading unless otherwise specially approved by the Customs.
Fill in customs declaration forms (报关单) Submit appropriate documents: commercial invoice, export license, copy of sales contract, and inspection certificates, shipping order, etc.
2
2. Fitness for ordinary and particular purposes (1) Fitness for ordinary purposes
Canned fruits must be suitable for human consumption; Durable goods such as washing machines should remain durable (usab
(6) Partial shipments and/or drawings are permitted or allowed.
(7) Transshipment is permitted or allowed. (8) The documents required are obtainable. (9) Other special clauses.
any delivery between 95 M/T and 105 M/T.
(2) Contractual quality, description and packing requirements
Quality, description: the requirements in the contract will prevail. Packaging: sufficient to protect the goods.
15
§4 Documentation
1. Quality requirements for documents
(1) Accuracy: Doctrine of strict compliance
(2) Completeness: Types of documents, numbers of originals
11
3. Amendment to L/C
If the seller finds that the terms stipulated in the credit are not in li ne with those specified in the contract or not acceptable, he must i mmediately notify the buyer in the shortest possible time. Meanwh ile he should also keep in mind that shipment could not be effecte d until the L/C amendment arrives.
le) for an “ordinary period of time”. A buyer who purchases for resale is entitled to expect goods resalable i
n the ordinary course of business.
3
(2) Fitness for a particular purpose
and copies, items for each document.
(3) Promptness: Documents are ready when they are needed
to avoid any delay or confusion. (4) Conciseness: Not use redundant words or expressions. (5) Cleanness: No correction on the documents.
(1) The buyer fails to issue an L/C within the time stipulated in the contract.
(2) Goods are ready for shipment, the seller may also urge the buyer to open the L/C in order to advance shipment.
16
2. Period of time for presentation of documents
(1) The expiry date of the credit. (2) The period of time for presentation
specified in the credit. (3) 21 days after the date of shipment.
4
3. To timely fulfil the obligation to deliver
The time of delivery is governed first by the provisions of the contract.
The credit stipulates specific dates for the performance of partial shipments. If the beneficiary misses only one deadline for a partial shipment, he forfeits the right to claim payment under the credit for any subsequent deliveries.
1. Shipment
⑤ bill of lading
Shipper
④ mate’s receipt ① shipping note
Carrier
② shipping order
Captain
13
(Mate)
14
2. Insurance
The date of the insurance document shouldn’t be later than the date of shipment.
Partial acceptance of an amendment is not allowed and will be dee med to be notification of rejection of the amendment.
12
§3 Shipment, Insurance and Customs Clearance
3. Total amount of the drawings ≤the amount of the credit
10
(5) The latest date for shipment, date and place of credit expiry. The expiry place is usually in the beneficiary place.
7
2. Examining L/C
(1) The political background and financial standing of the issuing bank.
(2) The nature of the credit and the liabilities of the opening b ank.
Documentation
Settlement of Export proceeds in Foreign Exchange
Verification and Writing-off of Export Proceeds in
2F0o21r/e7i/g3n0 Exchange and Export Tax Rebate
17
3. Types of documents required by the credit
(1) Draft:
Draft drawn clause “drawn under XXX Bank L/C No. X XX dated XXX”.
Payee: negotiating bank or beneficiary, etc.
“This credit is not effective until we receive the notificatio n of import licenses”. (not acceptable)
(3) The unit price and total amount. (4) The quality, quantity, packing clauses.
CHAPTER 18 IMPLEMENTATION OF INTERNATIO NAL SALES CONTRACT
(CIF, L/C)
Cargo Readiness
Examination of and Amendment to L/C
Shipment, Insurance and Customs Clearance