商检、仲裁课件
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(1)Functions of Certificate
•Inspection certificate is the proof for the quality, weight (quantity) or packing etc. of the goods delivered by the seller that they are in accordance with the contract. •Inspection certificate is one of the documents to be presented to the bank for negotiation by the seller. •Inspection certificate can be the evidence for lodging a claim. •Inspection certificate can be used by the importer for Customs declaration and clearance.
The party who are executed from the liability should notify the other party timely after the force majeure occurred and provide the necessary documents.
•Inspection Certificate of Disinfection •Inspection Certificate on Damaged Cargo •Certificate of Fumigation •Inspection Certificate of Measurement &/or Weight •Inspection Certificate of Temperature.
2. Inspection Authority
(1)Governmental inspection organization, which is established by the state according to the laws or regulations.
(2) Semi-governmental inspection organizations, which are entitled by the state to make inspections for some commodities.
(2)Buyer’s remedies
•Buying other goods and recovering damages from the seller. •If the goods are unique and it is impossible for the buyer to obtain substitute goods, the buyer is entitled to specific performance of the contract. •The buyer may recover from the seller incidental damages which include expenses the buyer incurs in receiving.
1. Time and place of Inspection
(1) InspBiblioteka ction at the export country
•Inspection at the factory •Inspection at the port of the shipment (2) Inspection at the import country •Inspection at the port of discharge •Inspection at the buyer’s residence (3) Inspection at the export country and Re-inspection at the import country
(2)Types of Certificate
•Inspection Certificate of Quality •Inspection Certificate of Weight •Inspection Certificate of Quantity •Inspection Certificate of Value •Veterinary Certificate •Sanitary Inspection Certificate
Chapter 6 Inspection 、Claims 、
Force Majeure and Arbitration
6.1 Inspection 6.2 Claims
6.3 Force Majeure 6.4 Arbitration
6.1 Inspection
Commodity Inspection means that in international trade, inspection institutions usually examine the quality, quantity, weight, packing, etc. of the goods delivered by the seller to make sure whether the goods are in conformity with the stipulations of the contract and L/C, or inspect safety and sanitations.
检验证书实样
6.2 Claims
1. Breach of the contract and remedies
(1)Breach by the seller •by failing to make delivery according to shipment date stated in the contract; •by failing to deliver the goods; •by delivering the goods that don’t conform with the contract or the L/C in respect of the quality, specifications, quality and packing etc.; •by presenting shipping documents that are incomplete and inadequate.
2. Claim Clause
(1)Discrepancy and Claim clause
Discrepancy and Claim clause firstly stipulate that if any party breaches a contract the other party is entitled to file a claim against the party in breach. It also includes proofs，effective period for filing a claim, and the amount for claims.
6.3 Force Majeure
1. Definition of force majeure
Force majeure also called Act of God, is an event that can be neither anticipated nor controlled, and it can be resulted from natural reasons and social reasons, such as fire, flood, heavy snow, earthquake, war, strike and so on.
(3) Non-governmental inspection organizations, which are professional competent surveyor or inspection corporation, set by private institution..
3. Inspection Certificate
3. Clause of force majeure
Force majeure clause is an exemption clause, and it should include: (1) The scope of force majeure events (2) Time limit of notifying the other party (3) The certificate and agencies who issue them
(4)Seller’s remedies
• Cancel the contract and withhold delivery of any undelivered goods. • Resell the goods. • Recover from the buyer the profit the seller would have made on the sale or the damages the seller sustained. • Require the buyer to return the goods.
(3)Breach by the buyer
• by failing to open the relevant L/C within the stipulated period; • by wrongly refusing to accept the goods; • by failing to dispatch the vessel according to the stipulation of the contract under FOB; • by failing to make the payment.
There are 3 ways to stipulate force majeure clauses:
(1) Stipulate the force majeure clause in a general way (2)Stipulate the force majeure clause in a listing way. (3) Stipulate the force majeure clause in a comprehensive way.
2. Consequences of force majeure
(1)Termination of contract. In cases of natural disaster or other events that have made it impossible to fulfill the contract,the contract can be terminated. (2)Postponement of contract In cases of events that will only delay the fulfillment of a contract,the contract can be postponed but not terminated since it is still possible for the seller to carry out his contractual obligations.
(2)Penalty clause
Penalty Clause in a contract should be stipulated "any party who fails to perform the contract shall pay an agreed amount as penalty for compensating the other party for the damages."
•Inspection certificate is the proof for the quality, weight (quantity) or packing etc. of the goods delivered by the seller that they are in accordance with the contract. •Inspection certificate is one of the documents to be presented to the bank for negotiation by the seller. •Inspection certificate can be the evidence for lodging a claim. •Inspection certificate can be used by the importer for Customs declaration and clearance.
The party who are executed from the liability should notify the other party timely after the force majeure occurred and provide the necessary documents.
•Inspection Certificate of Disinfection •Inspection Certificate on Damaged Cargo •Certificate of Fumigation •Inspection Certificate of Measurement &/or Weight •Inspection Certificate of Temperature.
2. Inspection Authority
(1)Governmental inspection organization, which is established by the state according to the laws or regulations.
(2) Semi-governmental inspection organizations, which are entitled by the state to make inspections for some commodities.
(2)Buyer’s remedies
•Buying other goods and recovering damages from the seller. •If the goods are unique and it is impossible for the buyer to obtain substitute goods, the buyer is entitled to specific performance of the contract. •The buyer may recover from the seller incidental damages which include expenses the buyer incurs in receiving.
1. Time and place of Inspection
(1) InspBiblioteka ction at the export country
•Inspection at the factory •Inspection at the port of the shipment (2) Inspection at the import country •Inspection at the port of discharge •Inspection at the buyer’s residence (3) Inspection at the export country and Re-inspection at the import country
(2)Types of Certificate
•Inspection Certificate of Quality •Inspection Certificate of Weight •Inspection Certificate of Quantity •Inspection Certificate of Value •Veterinary Certificate •Sanitary Inspection Certificate
Chapter 6 Inspection 、Claims 、
Force Majeure and Arbitration
6.1 Inspection 6.2 Claims
6.3 Force Majeure 6.4 Arbitration
6.1 Inspection
Commodity Inspection means that in international trade, inspection institutions usually examine the quality, quantity, weight, packing, etc. of the goods delivered by the seller to make sure whether the goods are in conformity with the stipulations of the contract and L/C, or inspect safety and sanitations.
检验证书实样
6.2 Claims
1. Breach of the contract and remedies
(1)Breach by the seller •by failing to make delivery according to shipment date stated in the contract; •by failing to deliver the goods; •by delivering the goods that don’t conform with the contract or the L/C in respect of the quality, specifications, quality and packing etc.; •by presenting shipping documents that are incomplete and inadequate.
2. Claim Clause
(1)Discrepancy and Claim clause
Discrepancy and Claim clause firstly stipulate that if any party breaches a contract the other party is entitled to file a claim against the party in breach. It also includes proofs，effective period for filing a claim, and the amount for claims.
6.3 Force Majeure
1. Definition of force majeure
Force majeure also called Act of God, is an event that can be neither anticipated nor controlled, and it can be resulted from natural reasons and social reasons, such as fire, flood, heavy snow, earthquake, war, strike and so on.
(3) Non-governmental inspection organizations, which are professional competent surveyor or inspection corporation, set by private institution..
3. Inspection Certificate
3. Clause of force majeure
Force majeure clause is an exemption clause, and it should include: (1) The scope of force majeure events (2) Time limit of notifying the other party (3) The certificate and agencies who issue them
(4)Seller’s remedies
• Cancel the contract and withhold delivery of any undelivered goods. • Resell the goods. • Recover from the buyer the profit the seller would have made on the sale or the damages the seller sustained. • Require the buyer to return the goods.
(3)Breach by the buyer
• by failing to open the relevant L/C within the stipulated period; • by wrongly refusing to accept the goods; • by failing to dispatch the vessel according to the stipulation of the contract under FOB; • by failing to make the payment.
There are 3 ways to stipulate force majeure clauses:
(1) Stipulate the force majeure clause in a general way (2)Stipulate the force majeure clause in a listing way. (3) Stipulate the force majeure clause in a comprehensive way.
2. Consequences of force majeure
(1)Termination of contract. In cases of natural disaster or other events that have made it impossible to fulfill the contract,the contract can be terminated. (2)Postponement of contract In cases of events that will only delay the fulfillment of a contract,the contract can be postponed but not terminated since it is still possible for the seller to carry out his contractual obligations.
(2)Penalty clause
Penalty Clause in a contract should be stipulated "any party who fails to perform the contract shall pay an agreed amount as penalty for compensating the other party for the damages."