Inspection, Claim, Force Majeure and Arbitration
国际贸易英文版教材
作者、书名、出版社、出版年份、目录Thomas A．Pugel. International Economics(15th). Renmin University of China p ress. 2012-12CONTENTSChapter 1 International Economics Is DifferentFour ControversiesEconomics and the Nation-StateThe Scheme of This BookPART ONE THE THEORY OF INTERNATIONAL TRADEChapter 2 The Basic Theory Using Demand and SupplyFour Questions about TradeA Look AheadDemand and SupplyCase Study Trade Is ImportantGlobal Crisis The Trade Mini-Collapse of 2009Two National Markets and the Opening of TradeChapter 3 Why Everybody Trades: Comparative Advantage 33Adam Smith’s Theory of Absolute AdvantageCase Study Mercantilism: Older Than Smith—and Alive TodayRicardo’s Theory of Comparative AdvantageRicardo’s Constant Costs and the Producti on-Possibility CurveFocus on Labor Absolute Advantage Does MatterExtension What If Trade Doesn’t Balance?Chapter 4 Trade: Factor Availability and Factor Proportions Are KeyProduction with Increasing Marginal CostsCommunity Indifference CurvesProduction and Consumption TogetherFocus on China The Opening of Trade and China’s Shift Out of AgricultureThe Gains from TradeTrade Affects Production and ConsumptionWhat Determines the Trade Pattern?The Heckscher–Ohlin (H–O) TheoryChapter 5 Who Gains and Who Loses from Trade?Who Gains and Who Loses within a CountryThree Implications of the H–O TheoryExtension A Factor-Ratio ParadoxDoes Heckscher–Ohlin Explain Actual Trade Patterns?Case Study The Leontief ParadoxWhat Are the Export-Oriented and Import-Competing Factors?Focus on China China’s Exports and ImportsDo Factor Prices Equalize Internationally?Focus on Labor U.S. Jobs and Foreign Trade 86Chapter 6 Scale Economies, Imperfect Competition, and TradeScale EconomiesIntra-Industry TradeMonopolistic Competition and TradeExtension The Individual Firm in MonopolisticOligopoly and TradeExtension The Gravity Model of TradeChapter 7 Growth and TradeBalanced versus Biased GrowthGrowth in Only One FactorChanges in the Country’s Willingness to TradeCase Study The Dutch Disease and DeindustrializationEffects on the Country’s Terms of TradeTechnology and TradeFocus on Labor Trade, Technology, and U.S. WagesPART TWO TRADE POLICYChapter 8 Analysis of a TariffGlobal Governance WTO and GATT: Tariff SuccessA Preview of ConclusionsThe Effect of a Tariff on Domestic ProducersThe Effect of a Tariff on Domestic ConsumersThe Tariff as Government RevenueThe Net National Loss from a TariffExtension The Effective Rate of ProtectionCase Study They Tax Exports, TooThe Terms-of-Trade Effect and a Nationally Optimal TariffChapter 9 Nontariff Barriers to ImportsTypes of Nontariff Barriers to ImportsThe Import QuotaGlobal Governance The WTO: Beyond TariffsGlobal Crisis Dodging ProtectionismExtension A Domestic Monopoly Prefers a QuotaVoluntary Export Restraints (VERs)Other Nontariff BarriersCase Study VERs: Two ExamplesCase Study Carrots Are Fruit, Snails Are Fish, and X-Men Are Not HumansHow Big Are the Costs of Protection?International Trade DisputesFocus on China China’s First Decade in the WTOChapter 10 Arguments for and against ProtectionThe Ideal World of First BestThe Realistic World of Second BestPromoting Domestic Production or EmploymentThe Infant Industry ArgumentFocus on Labor How Much Does It Cost to Protect a Job?The Dying Industry Argument and Adjustment AssistanceThe Developing Government (Public Revenue) ArgumentOther Arguments for Protection: Non=economic ObjectivesThe Politics of Protection The Basic Elements of the Political-Economic Analysis Case Study How Sweet It Is (or Isn’t)Chapter 11 Pushing ExportsDumpingReacting to Dumping: What Should a Dumpee Think?Actual Antidumping Policies: What Is Unfair?Case Study Antidumping in ActionProposals for ReformExport SubsidiesWTO Rules on SubsidiesShould the Importing Country Impose Countervailing Duties?Case Study Agriculture Is AmazingStrategic Export Subsidies Could Be GoodGlobal Governance Dogfight at the WTOChapter 12 Trade Blocs and Trade BlocksTypes of Economic BlocsIs Trade Discrimination Good or Bad?The Basic Theory of Trade Blocs: Trade Creation and Trade DiversionOther Possible Gains from a Trade BlocThe EU ExperienceCase Study Postwar Trade Integration in EuropeNorth America Becomes a BlocTrade Blocs among Developing CountriesTrade EmbargoesChapter 13 Trade and the EnvironmentIs Free Trade Anti-Environment?Is the WTO Anti-Environment?Global Governance Dolphins, Turtles, and the WTOThe Specificity Rule AgainA Preview of Policy PrescriptionsTrade and Domestic PollutionTrans-border PollutionGlobal Environmental ChallengesChapter 14 Trade Policies for Developing CountriesWhich Trade Policy for Developing Countries?Are the Long-Run Price Trends against Primary Producers?Case Study Special Challenges of TransitionInternational Cartels to Raise Primary-Product PricesImport-Substituting Industrialization (ISI)Exports of Manufactures to Industrial CountriesChapter 15 Multinationals and Migration: International Factor MovementsForeign Direct InvestmentMultinational EnterprisesFDI: History and Current PatternsWhy Do Multinational Enterprises Exist?Taxation of Mul tinational Enterprises’ProfitsCase Study CEMEX: A Model Multinational from an Unusual PlaceMNEs and International TradeShould the Home Country Restrict FDI Outflows?Should the Host Country Restrict FDI Inflows?Focus on China China as a Host CountryMigrationHow Migration Affects Labor MarketsShould the Sending Country Restrict Emigration?Should the Receiving Country Restrict Immigration?Case Study Are Immigrants a Fiscal Burden?APPENDIXESA The Web and the Library: International Numbers and Other InformationB Deriving Production-Possibility CurvesC Offer CurvesD The Nationally Optimal Tariff周瑞琪. International Trade Practice. University of International Business and Economics press. 2011.9CONTENTSChapter One General Introduction（第一章导论）1.1 Reasons for International Trade （国际间贸易的起因）1.2 Differences between International Trade and Domestic Trade （国际贸易与国内贸易的差异）1.3 Classification of International Trade（国际贸易的分类）1.4 Export and Import Procedures（进出口贸易的程序）1.5 Overview of This Book （本书的基本内容）Summary（总结）Key Terms（主要术语）Abbreviations（缩略语）Exercises（练习）Specimens（单证样本）Chapter Two International Trade Terms（第二章国际贸易术语）2.1 Three Sets of Rules （三种贸易术语的解释规则）2.2 Basics of Incoterms 2010 （2010年国际贸易术语解释通则基本概念）2.3 Application Issues（贸易术语在使用中应注意的问题）2.4 Determinants of Choice of Trade Terms （贸易术语选用的决定因素）Summary（总结）Key Terms（主要术语）Abbreviations（缩略语）Exercises（练习）Chapter Three Export Price（第三章出口商品的价格）3.1 Expression of Export Price（出口价格的表达）3.2 Pricing Considerations（影响定价的因素）3.3 Calculation of Price（价格的计算）3.4 Understanding the Price（价格的评估）3.5 Communication of Price（价格的沟通）Summary（总结）Key Terms（主要术语）Abbreviations（缩略语）Exercises（练习）Chapter Four Terms of Commodity（第四章商品条款）4.1 Name of Commodity （商品的名称）4.2 Specifying Quality（商品的品质）4.3 Measuring Quantity（商品的数量）4.4 Packing and Marking（商品的包装及标志）Summary（总结）Key Terms（主要术语）Abbreviations（缩略语）Exercises（练习）Chapter Five Cargo Transportation（第五章国际货物运输）5.1 Ocean Transportation （海洋运输）5.2 Other Modes of Transportation （其他运输方式）5.3 Transportation Documents（运输单据）5.4 Shipment Clause in the Sales Contract（销售合同中的装运条款）Summary（总结）Key Terms（主要术语）Abbreviations（缩略语）Exercises（练习）Specimens（单证样本）Chapter Six Cargo Transportation Insurance（第六章货物运输保险）6.1 Fundamental Principles of Cargo Insurance（货物保险的基本原则）6.2 Marine Risks and Losses（海上风险和损失）6.3 Coverage of Marine Cargo Insurance of CIC（我国海上货物保险范围）6.4 Coverage of Marine Cargo Insurance of ICC（协会货物保险范围）6.5 Other Types of Cargo Insurance（其他货物保险的种类）6.6 Procedures of Cargo Insurance（货物保险程序）6.7 Insurance Terms in the Sales Contract（销售合同中的保险条款）Summary（总结）Key Terms（主要术语）Abbreviations（缩略语）Exercises（练习）Specimens（单证样本）Chapter Seven International Payments（第七章国际货款支付）7.1 Issues in Concern（影响支付条件的因素）7.2 Paying Instruments（支付工具）7.3 Remittance（汇付）7.4 Collection（托收）7.5 Basics of Letter of Credit（信用证基础知识）7.6 Types of Documentary Credit（跟单信用证的种类）7.7 Letter of Guarantee（L/G）（保函）7.8 Export Financing（出口融资）7.9 Payment Problems（支付中出现的问题）Summary（总结）Key Terms（主要术语）Abbreviations（缩略语）Exercises（练习）Specimens（单证样本）Chapter Eight Export Documentation（第八章出口单证）8.1 Significance of Documentation（单证的重要性）8.2 Basic Requirements for Documentation（单证的基本要求）8.3 Prerequisites of Documentation（制单的依据）8.4 Export Documents（出口单证的种类）8.5 Clause Concerning Documents in the Sales Contract（销售合同中有关单证的条款）Summary（总结）Key Terms（主要术语）Abbreviations（缩略语）Exercises（练习）Specimens（单证样本）Chapter Nine Inspection, Claim, Force Majeure and Arbitration（第九章商检、索赔、不可抗力和仲裁）9.1 Commodity Inspection（商品检验）9.2 Disputes and Claims（争议和索赔）9.3 Force Majeure（不可抗力）9.4 Arbitration（仲裁）Summary（总结）Key Terms（主要术语）Abbreviations（缩略语）Exercises（练习）Key to Exercises（练习答案）Glossary（词汇表）Appendix 1INCOTERMS 2010 （FOB, CFR, CIF）（附录12010年国际贸易术语解释通则（FOB，CFR，CIF））Appendix 2CISG 1980 （Part II）（附录2联合国国际货物销售合同公约1980（第二部分）) References （参考书目）帅建林. International Trade Practice. University of International Business and Economics press. 2007.9CONTENTSPart 1 OverviewChapter 1 Introduction to International TradeChapter 2 International Trade PolicyChapter 3 Trade Bloc and Trade BlockChapter 4 WTO :A Navigation GuidePart 2 Terms of International TradeChapter 5 International Trade TermsChapter Terms of CommodityChapter International Cargo TransportChapter 8 Cargo InsuranceChapter 9 Terms of PriceChapter 10 International Payment and SettlementChapter 11 Claims, Force Majeure and ArbitrationPart 3 International Trade ProcedureChapter 12 Launching a Profitable TransactionChapter 13 Business Negotiation and Establishment of ContractChapter 14 Exporting ElementsChapter 15 Importing ElementsChapter 16 DocumentationPart 4 Trade FormsChapter 17 Agency, Distribution and ConsignmentChapter 18 TendersChapter 19 Counter TradeChapter 20 Futures TradingChapter 21 E-CommerceAppendix Glossary of International Trade Terms with English-Chinese InterpretationsBibliographyPaul R.Krugman & Maurice Obstfeld. International Economics:Theory andPolicy,8E. Tsinghua University press. 2011-11Contents前言第1章绪论第1部分国际贸易理论第2章世界贸易：概览第3章劳动生产率和比较优势：李嘉图模型第4章资源、比较优势和收入分配第5章标准贸易模型第6章规模经济、不完全竞争和国际贸易第7章国际要素流动第2部分国际贸易政策第8章贸易政策工具第9章贸易政策中的政治经济学第10章发展中国家的贸易政策第11章贸易政策中的争论数学附录第4章附录要素比例模型第5章附录贸易下的世界经济第6章附录垄断竞争模模型张素芳，International trade: theory and practice. University of International Business & Economics Press, Beijing, 2010contentsSection I. International Trade Theory and PolicyCHAPTER 1.INTRODUCTION TO INTERNATIONAL TRADE1.The Reasons for International Trade1.1. Resources reasons1.2. Economic reasons1.3. Other reasons2. The Differences between International Trade and Domestic Trade'.'2.1. More plex context2.2. More difficult and risky2.3. Higher skills required3.Basic Concepts Relating to International Trade3.1. Visible trade and invisible trade3.2. Favorable balance of trade and unfavorable balance oft rade3.3. General trade system and special trade system3.4. Volume of international trade and quantum of international trade3.5. Commodity position of international trade3.6. Geographical position of international trade3.7. Degree of dependence on foreign tradeCHAPTER 2.CLASSICAL TRADE THEORIES1.Mercantilism1.1. The development of mercantilist thought1.2. The mercantilist economic system1.3. Economic policies pursued by the mercantilists1.4. Discussions2.David Hume's Challenge to Mercantilism2.1. Assumptions of price-specie=flow mechanism2.2. The price-specie-flow mechanism3.Adam Smith's Theory of Absolute Advantage3.1. Assumptions of Adam Smith's theory of absolute advantage3.2. Challenge to Mercantilism3.3. Example4.David Ricardo's Theory of Comparative Advantage4.1. The concept of parative advantage4.2. Example4.3. Analysis of the theory of parative advantage by using modemtools. CHAPTER 3.NEOCLASSICAL TRADE THEORIES.1.Gains from Trade in Neoclassical Trade Theory1.1. Increasing opportunity costs on the PPF1.2. General equilibrium and gains in autarky1.3. General equilibrium and gains after the introduction of international trade ...2.Reciprocal Demand Theory2.1. A country's offer curve2.2. Trading equilibrium2.3. Measurement of terms of trade3.Factor Endowment Theory3.1. Factor intensity in production3.2. Factor endowments, factor prices, and parative advantage3.3. Assumptions of the factor proportions theory.,3.4. The Heckscher-Ohlin theorem.:3.5. An example to illustrate H-O theorem.3.6. The factor price equalization theorem:3.7. The Stolper-Samuelson theorem4.The Leontief Paradox——An Empirical Test of the Factor Proportions Theory 4.1. The Leontief paradox.-4.2. Suggested explanations for the Leontief Paradox and related theories CHAPTER 4.POST-HECKSHER-OHLIN THEORIES OF TRADE1.The Product Cycle Theory1.1. The imitation lag hypothesis1.2. The product cycle theory2.The Linder Theory2.1. Assumptions of the Linder theory2.2. Trade es in the overlapping ranges of products ophistication.:3.Intra-Industry Trade Theory3.1. Explanations of intra-industry trade3.2. Measurement of intra-industry tradeCHAPTER 5.IMPORT PROTECTION POLICY: TARIFFS1.Types of Import Tariffs1.1. In terms of the means of collection1.2. In terms of the different tariff rates applied1.3. In terms of special purposes for collection2.The Effects of Import Tariffs2.1. Concepts of consumer surplus and producer surplus2.2. The welfare effects of import tariffs3.Measurement of Import Tariffs3.1. The 'height' of import tariffs3.2. Nominal versus effective tariff ratesCHAPTER 6.IMPORT PROTECTION POLICY: NON-TARIFF BARRIERS''1.Forms of Non-tariff Barriers.1.1. Quantity control measures1.2. Price control measures1.3. Para-tariff measures1.4. Finance measures1.5. Anti-petitive measures.,.1.6. Miscellaneous measures2.Effects of Non-tariff Barriers2.1. The effects of an import quota2.2. The effects of a subsidy to an import-peting industryCHAPTER 7.EXPORT PROMOTION AND OTHER POLICIES1.Export Subsidy and Production Subsidy1.1. Export subsidy and its effects1.2. Production subsidy and its effects.2.Other Export Promotion Policies2.1. Devaluation of home currency.2.2. Commodity dumping2.3. Bonded warehouse2.4. Special trade zone2.5. Export promotion programs3.Export Restrictions and Import Promotion Policies3.1. Export restrictions policies3.2. Import promotion policies4.Trade Sanctions4.1. Introduction to trade sanctions4.2. Effectiveness of trade sanctionsCHAPTER 8.ARGUMENTS AGAINST FREE TRADE1.Traditional Arguments against Free Trade1.1. Infant industry argument.1.2. Terms of trade argument1.3. Balance of trade argument1.4. Tariff to reduce aggregate unemployment argument1.5. Fair petition argument1.6. National security argument2.New Protectionism2.1. Tariff to extract foreign monopoly profit2.2. Export subsidy in duopoly3.The Political Economy of Trade Policy3.1. Median voter model3.2. Collective action theory.3.3. Contribution in political campaignsCHAPTER 9.REGIONAL ECONOMIC INTEGRATIONof Regional Economic Integration1.1. Preferential tariff arrangement1.2. Free trade area1.3. Customs union1.4. Common market.1.5. Economic union2.The Static and Dynamic Effects of Regional Economic Integration2.1. Static effects of regional economic integration2.2. Dynamic effects of regional economic integration3.Economic Integration in Europe, North America and Asia3.1. Economic integration in Europe……………………………………Chapter 10 International Cargo Transportation InsuranceChapter 11 International Trade PaymentChapter 12 Inspection,Claim,Force Majeure and ArbitrationChapter 13 Trade Negotiation and Formation of the ContractChapter 14 Implementation of the Contract丹尼斯·R·阿普尔亚德 & 小艾尔弗雷德·J·菲尔德 & 史蒂文·L·科布.国际贸易.中国人民大学出版社. 2012-7第1章国际经济学的世界第一部分古典贸易理论第2章早期的国际贸易理论：由重商主义向大卫·李嘉图的古典贸易理论的演进第3章大卫·李嘉图的古典贸易理论和比较优势第4章对古典贸易模型的扩充及验证第二部分新贸易理论第5章新古典贸易理论——基本分析工具的介绍第6章新古典贸易理论中的贸易利得第7章贸易提供曲线和贸易条件第8章贸易的基础：要素禀赋理论和赫克歇尔俄林模型第9章要素禀赋理论的实证分析第三部分贸易理论的扩展第10章后赫克歇尔俄林贸易理论与产业内贸易第11章经济增长与国际贸易第12章国际要素流动第四部分贸易政策第13章贸易政策工具第14章贸易政策的影响第15章对干涉主义贸易政策的争论第16章经济的政治因素与美国的对外贸易政策第17章经济一体化第18章国际贸易与发展中国家参考文献当我被上帝造出来时，上帝问我想在人间当一个怎样的人，我不假思索的说，我要做一个伟大的世人皆知的人。
商务英语专有名词翻译
商务英语专有名词翻译商务英语名词翻译Unit 1CICSC United Nations Convention on Contracts for the International Sale of Goods, 是《联合国国际货物销售合同公约》的简称。
trade terms 交易条款sales contract 销售合同price list 价格单reference price 参考价name of commodity 品名；商品名称quantity 数量withdrawal of offer 撤回发盘revocation of offer 撤销发盘termination of offer 终止发盘inquiry 询盘offer 发盘；报盘；实盘offeror 发盘人offeree 受盘人firm offer 实盘non-offer 虚盘indefinite offer 虚盘counter-offer 还盘accept 承诺contract 合同（契约）termination of a contract 合同的终止suspension of a contract 合同的中止Unit 2claim damages 损害索赔claim clause 索赔条款compensation 补偿the party in the breach 违约方difference 差额interest 利息bona fide party 当事人Unit 3WTO World Trade Organization, 世界贸易组织the Final Act 指乌拉圭回合多边谈判的最终议案Uruguay Round 乌拉圭回合accountable 负责的，需要解释的ground-rule 基本准则decision-making body 决策机构the General Council 总理事会the Dispute Settlement Body 争端协调机构the Trade Policy Review Body 贸易政策评审机构GA TT the General Agreement on Tariffs and Trade, 《关税与贸易总协定》，简称关贸总协定。
国际贸易实务9.Inspection, claim, force majeure and arbitration精品文档
explain ways to stipulate force majeure clauses in a sales contract
realize the importance of arbitration in the settlement of disputes and claims
be aware of the issues to be considered in the negotiation of arbitration
Privately owned Enjoy the same legal status Eg. Societe Generable De Surveillance S.A. (SGS) in Swiss, Lloyds
Surveyors in Britain, Underwriters Laboratories (UL) in USA.
Inspection results considered final for the delivery of the goods by the seller
Buyer can re-inspect the goods but the result will not serve as the basis for compensation
SEIB of GDUFS
6
9.1.2 Inspection Bodies
Types of inspection body
Governmental inspection bodies
Owned and supervised by governments Specialize in inspection of particular commodities or those subject to
2024版一份完整的外贸合同英文
2024版一份完整的外贸合同英文2024 International Trade ContractThis contract (hereinafter referred to as the "Contract") is made and entered into as of _______ (Date), by and between:Seller: __________ (hereinafter referred to as "Seller")Address: __________Buyer: __________ (hereinafter referred to as "Buyer")Address: __________Article 1: Subject of the Contract1.1 The Seller agrees to sell, and the Buyer agrees to purchase the following goods (hereinafter referred to as "Goods"):Description of Goods: ________Quantity: ________Unit Price: ________Total Contract Value: ________1.2 The Goods shall be in accordance with the specifications and quality standards as stipulated in this Contract.Article 2: Quality and Specifications2.1 The Seller warrants that the Goods shall meet the quality and specifications as described in the Contract and shall be fit for the purpose for which they are commonly supplied.2.2 The Seller shall provide the Buyer with a certificate of quality and conformity with the specifications upon delivery.Article 3: Quantity and Weight3.1 The Seller shall deliver the Goods in the exact quantity as stipulated in the Contract. A tolerance of ________% more or less in quantity is allowed, but the total value of the Goods shall not be affected.3.2 The weight of the Goods shall be determined by the net weight at the port of shipment.Article 4: Packing4.1 The Seller shall pack the Goods in a manner suitable for ocean transportation and to prevent any damage during transit. The cost of packing shall be included in the contract price.4.2 Each package shall be marked with the contents, gross weight, net weight, and the port of destination.Article 5: Shipment5.1 The Seller shall ship the Goods within ________ days after receipt of the advance payment or irrevocable L/C.5.2 The Goods shall be shipped by ________ (specify mode of transportation) from the port of ________ to the port of ________.5.3 Partial shipment is allowed or not allowed as stipulated by the Buyer.Article 6: Insurance6.1 The Buyer shall arrange for insurance against all risks of loss or damage to the Goods during transit.6.2 The insurance premium shall be for the account of the ________ (specify who bears the cost).Article 7: Payment Terms7.1 The Buyer shall open an irrevocable Letter of Credit (L/C) in favor of the Seller ________ days after signing this Contract.7.2 The payment terms are as follows:A deposit of ________% of the total contract value shall be paid within ________ days after signing this Contract.The balance shall be paid against documents presented under the L/C.Article 8: Documents Required8.1 The Seller shall present the following documents to the Buyeror the bank for payment:Commercial InvoiceBill of LadingCertificate of Quality and WeightCertificate of OriginInsurance Policy/Certificate (if applicable)Article 9: Inspection and Claim9.1 The Goods shall be inspected by the Buyer or the Buyer's appointed surveyor within ________ days after arrival at the port of destination.9.2 The Buyer shall notify the Seller of any claims for discrepancies in quality, quantity, or weight within ________ days after the inspection.Article 10: Force Majeure10.1 Neither party shall be held responsible for any failure to fulfill their obligations under this Contract due to Force Majeure events.10.2 The party affected by Force Majeure shall notify the other party within ________ days of the occurrence and provide a certificate issued by the competent authorities.Article 11: Arbitration11.1 Any dispute arising out of or in connection with this Contract shall be settled by arbitration.11.2 The arbitration shall be conducted in accordance with the rules of ________ (specify arbitration institution) by three arbitrators appointed in accordance with the said rules.Article 12: Applicable Law12.1 This Contract shall be governed by and construed in accordance with the laws of ________ (specify the law applicable).Article 13: Notices13.1 All notices, requests, demands, and other communications shall be in writing and shall be deemed duly given when delivered or sent by registered mail to the addresses specified in this Contract.Article 14: Entire Agreement14.1 This Contract constitutes the entire agreement between the parties and supersedes all prior negotiations, understandings, and agreements between the parties.Article 15: Amendments15.1 This Contract may be amended or modified only by written agreement executed by both parties.Article 16: Assignment16.1 The Buyer shall not assign this Contract or any interest herein without the prior written consent of the Seller.Article 17: Severability17.1 If any provision of this Contract is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.IN WITNESS WHEREOF, the parties have executed this Contract as of the date first above written.Seller: __________Authorized Signature: __________Printed Name: __________Date: __________Buyer: __________Authorized Signature: __________Printed Name: __________Date: __________[Note: The above is the first half of the contract. The second half will be provided in the next inquiry.]Article 18: Confidentiality18.1 Both parties agree to keep confidential any information obtained from each other during the performance of this Contract.18.2 Confidential information includes, but is not limited to, trade secrets, business plans, and customer lists.Article 19: Warranty and Representation19.1 The Seller warrants that the Goods are free from any liens or encumbrances and that the Seller has the right to sell the Goods.19.2 The Seller represents that the Goods are new, unless otherwise stated in the Contract.Article 20: Intellectual Property Rights20.1 The Seller shall indemnify and hold the Buyer harmless against any claims, damages, or expenses arising from any infringement of intellectual property rights relating to the Goods.Article 21: Compliance with Laws21.1 The Seller shall comply with all applicable laws and regulations in the production, packaging, and delivery of the Goods.21.2 The Buyer shall comply with all applicable import and customs regulations of the destination country.Article 22: Export Licenses and Approvals22.1 The Seller shall obtain any necessary export licenses and approvals required for the shipment of the Goods.22.2 The Buyer shall obtain any necessary import licenses and approvals required for the receipt of the Goods.Article 23: Termination23.1 Either party may terminate this Contract by written notice if the other party breaches any material term of the Contract and fails to cure such breach within ________ days after receipt of written notice.23.2 Upon termination, any amounts owed by the Buyer to the Seller for Goods delivered and accepted prior to termination shall be immediately payable.Article 24: Liquidated Damages24.1 In the event of a breach of this Contract, the breaching party shall pay liquidated damages to the non-breaching party in an amount as specified in this Contract or as agreed upon by the parties.Article 25: Independent Contractors25.1 The parties are independent contractors and nothing in this Contract shall be construed to create a partnership, agency, or joint venture between them.Article 26: Notices26.1 All notices, demands, and communications required or permitted under this Contract shall be in writing and shall be deemed given when delivered personally or by email, or three days after being sent by registered mail.Article 27: Successors and Assigns27.1 This Contract shall be binding upon and inure to the benefitof the parties and their respective successors and assigns.Article 28: Counterparts28.1 This Contract may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.Attachment List:Attachment A: Technical Specifications of the GoodsAttachment B: Quality Control ProceduresAttachment C: Shipping and Delivery ScheduleAttachment D: Insurance Coverage DetailsAttachment E: Certificate of OriginII. Breach of Contract and Determination:Breach of Contract includes, but is not limited to, failure to deliver or pay, failure to meet specifications, or failure to complywith any terms of this Contract.Determination of a breach shall be made by written notice and an opportunity to cure must be provided in accordance with Article 23.III. Legal Terms and Definitions:"Force Majeure" shall mean events beyond the control of the parties, such as natural disasters, wars, or acts of government."Irrevocable Letter of Credit" (L/C) refers to a commitment by a bank at the request of the Buyer to pay a specified amount to the Seller upon fulfillment of the terms and conditions stated in the L/C.IV. Issues Encountered and Solutions:Delays in shipment or delivery may be resolved by mutual agreement on an extension of the delivery date or by the provision of substitute goods.Quality disputes shall be resolved through inspection and, if necessary, arbitration in accordance with Article 11.V. Applicable Scenarios:This Contract is applicable to international sales transactions where the Seller is located in one country and the Buyer is located in another.It is suitable for transactions involving the export and import of goods across international borders, subject to compliance with the respective countries' laws and regulations.[Note: The above completes the second half of the contract and includes attachments and additional explanations.]。
国际贸易实务9.Inspection, claim, force majeure and arbitration
SEIB of GDUFS
7
9.1.2 Inspection Bodies
Tasks of the inspection body
To inspect goods for import and export
Statutory inspection: for mandatory inspection Non-statutory inspection: made on a random basis
describe the ways of stipulating an arbitration clause in a sales
contract
SEIB of GDUFS
2
9.1 Commodity Inspection
Commodity inspection is the inspection conducted by an authorized third party to testify whether the quality, quantity, weight, package, etc. are the same as those specified in the contract.
The goods are inspected at the port of destination and reinspected by the buyer at the port of destination
Inspection results issued at the port of shipment are used as one of the documents for the seller to settle payment
Unit Inspection, Claim, Force Majeure and Arbitration
Unit 9 Inspection, Claim, Force Majeure andArbitrationUnit 9贸易实务英语Inspection, Claim, Force Majeureand ArbitrationContentsWarming UpReadingSampleConversationsPart 1Part 2Part 3Warming Up1. When you buy something, will you inspect it first? Why?2. What about the case in international trade?ReadingInspection, Claim, Force Majeure and Arbitrationan authorized2 party： testify whether the quality, quantity, package, etc. would be the same as those terms stipulated in the contract.Commodity InspectionReadingInspection agency and certificatestate commodity inspection agency,authentic3 surveyor4,ManufactureruserInspection, Claim, Force Majeure and ArbitrationReadingInspection certificate ： inspection certificate of quality,inspection certificate of quantity,inspection certificate of weight,inspection certificate of value,inspection certificate of origin,inspection certificate of damaged cargo,inspection certificate ofhealthsanitary inspection certificate, etc..Inspection, Claim, Force Majeure and ArbitrationReadingPlace and time of inspection(1) Shipping quality and weightat the seller’s factoryat the port/place of shipment in exporting country.(2) Landed quality and weightat the port/place of destination in importing country.(3) Inspection in exporting country and reinspection in importing countryinspected first at the port/place of shipment in exporting country and then re-inspected at the port/place of destination in importing country.Inspection, Claim, Force Majeure and ArbitrationReadingInspection, Claim, Force Majeure and Arbitration有关索赔的最常用句型是：“to lodge/file/raise/make/register a claim against… (sb.) for… (reason) for… (amount) on… (goods) ”“对……(货物）因……(原因）向……(某人）提出……(金额）的索赔”如：Buyers have lodged a claim against the shipper on this shipment for USD 500 for short weight.由于分量短缺，买主已就此批货向货主提出500美元的索赔。
Chapter 9 Claim Force Majeure
Ways to settle a claim a. Making refund and compensation b. Selling goods at a discount c. Replacing the defective goods with proper and contracted ones Note: A penalty clause （罚金条款）can be included in the contract.
Arbitration （仲裁）
（教材，P.183）
In most cases, the dispute between the exporter and importer can be settled via friendly negotiation, litigation or arbitration.
Force Majeure （不可抗力）
（教材，P.182）
Definition Force Majeure refers to an event which can be neither anticipated nor reduced to control. Type: a. Natural disasters b. Social disturbances Note: a. A Force Majeure clause needs to be included in the contract b. A Force Majeure clause can exempt either the buyer or the seller from his contractual obligations without paying a compensation or penalty.
国际经济法常用词汇
国际经济法常用词汇EXWFCAFASFOBCFRCIFCPTDAFDESDEQDDUDDPOffer要约Offeror要约人Offeree受要约人Invitation for offer要约邀请Subject to our final confirmation须经我方最后确认Cross offer交叉要约Withdrawal撤回Revocability撤销Counter-offer还价，反要约Acceptance承诺Mail box rule投邮主义Receive of the letter of acceptance rule到达主义Late acceptance迟到承诺，逾期承诺Identified to the contract注明有关合同Shipping documents货运单据，船运单据Sale by description凭说明书买卖Sale by sample按样本出售，凭样本成交Fundamental breach of contract根本违约Anticipatory breach预期违约Specific performance实际履行Breach of condition违反合同的条件Breach of warranty违反保证Unconditionally appropriated to the contractReserve the right of disposal无条件地划拨于合同项下To the order of the seller or his agent付给卖方或他的代理人Sale on approval试销Floating cargo未到货，运输途中的货物Quality to be considered as being about equal to the sample 品质与样品大致相同Sales by specification, grade or standard凭规格、等级或标准售货；凭规格、等级或标准买卖。
外贸销售合同英文版模板范文
Contract No.: [Contract Number]Date: [Date of Contract]Between:The Seller:[Full Legal Name of the Seller][Registered Address of the Seller][Contact Information: Phone Number, Email Address]The Buyer:[Full Legal Name of the Buyer][Registered Address of the Buyer][Contact Information: Phone Number, Email Address]This Contract (hereinafter referred to as "the Contract") is made and entered into by and between the Seller and the Buyer on [Date of Contract], for the purpose of governing the sale and purchase of the following goods (hereinafter referred to as "the Goods") on the terms and conditions set forth below:1. Description of Goods:The Goods shall be as described on the attached Sales Confirmation, which is an integral part of this Contract. The Seller shall ensure that the Goods conform to the specifications, quality, and standards stipulated in the Sales Confirmation.2. Quantity:The quantity of the Goods shall be as specified in the attached Sales Confirmation. The Seller shall ensure that the actual quantity delivered does not exceed or fall short of the quantity specified in the Sales Confirmation by more than [percentage]%.3. Price:The price of the Goods shall be [currency] [amount] per [unit of measurement] (hereinafter referred to as "the Unit Price"). The total amount for the Goods shall be calculated by multiplying the Unit Priceby the quantity of the Goods as specified in the Sales Confirmation.4. Terms of Payment:The Buyer shall make the payment to the Seller in accordance with the following terms:a. [Payment Method]: [e.g., Letter of Credit, Telegraphic Transfer (T/T), Western Union, etc.]b. [Documents Required]: The Buyer shall provide the Seller with the following documents upon payment, which shall be accepted by the Seller as evidence of shipment and compliance with the Contract:- Bill of Lading- Commercial Invoice- Packing List- Quality Certificate- Inspection Certificate- Certificate of Origin- Other documents as may be required by the Sellerc. [Payment Deadline]: The Buyer shall effect the payment within [number of days] days after the date of the relevant documents.5. Shipment:a. [Port of Loading]: [Name of Port]b. [Port of Destination]: [Name of Port]c. [Shipment Date]: The Seller shall arrange for the shipment of the Goods within [number of days] days after the Buyer's confirmation of the order.d. [Shipping Marks]: The shipping marks shall be as specified in the attached Sales Confirmation.e. [Insurance]: The Seller shall arrange for insurance of the Goods against all risks for the account of the Buyer up to the Port of Destination.6. Inspection and Quality:a. The Goods shall be inspected by a third-party inspection agency approved by both parties before shipment.b. The inspection certificate issued by the third-party inspection agency shall be accepted as final and binding on both parties.c. If the quality of the Goods is found to be non-conforming to the specifications stipulated in the Sales Confirmation, the Buyer shall have the right to reject the Goods and claim compensation from the Seller.7. Force Majeure:In the event of any contingency beyond the control of either party, including but not limited to war, flood, earthquake, fire, and government regulations, which prevents either party from fulfilling its obligations under this Contract, the affected party shall notify the other party immediately and shall be excused from its obligations for the period of the contingency.8. Dispute Resolution:All disputes arising from or in connection with this Contract shall be settled through friendly negotiation between the parties. If negotiation fails, the case shall be submitted to the [Name of Arbitration Institution] for arbitration in accordance with its rules.9. Governing Law:This Contract shall be governed by and construed in accordance with the laws of [Country/State].10. Entire Agreement:This Contract constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral.IN WITNESS WHEREOF, the parties have executed this Contract as of the date first above written.THE SELLER:____________________[Signature of Authorized Representative][Name of Authorized Representative][Date]THE BUYER:____________________[Signature of Authorized Representative][Name of Authorized Representative][Date]。
外贸英文函电-Oders and Contracts
1. To know the basic principles of orders and contracts; 2. To be able to draw up orders and confirmations; 3. To be able to draft contracts according to agreed trade terms; 4. To master the related useful expressions.
5.1.2 Purchase and Sales Confirmations
• In confirmations, every term should be expressed clearly and precisely so as to avoid any misunderstanding. A confirmation usually includes the following points：
payment; • (5) insurance: it should be indicated whether the seller or the buyer covers insurance on
the goods.
5.1.2 Purchase and Sales Confirmations
• A confirmation is more simplified than a contract, only covering specific terms such as name of commodity, quantity, quality, packing, shipment, insurance and terms of payment. And a contract contains not only specific terms of a transaction but also general terms such as commodity inspection, claim, penalty, force majeure, arbitration, and special conditions, etc.
销售合同的英文有哪些
Contract No.: [Contract Number]Date of Execution: [Date]Party A (Seller):[Full Name or Company Name][Address][Contact Person][Contact Information]Party B (Buyer):[Full Name or Company Name][Address][Contact Person][Contact Information]This Sales Contract (hereinafter referred to as "the Contract") is made and entered into by and between Party A and Party B on [Date of Execution], for the purpose of regulating the rights and obligations of the parties in connection with the sale and purchase of goods (hereinafter referred to as "the Goods"). The following terms and conditions are agreed upon by and between the parties:1. Description of Goods:1.1 The Goods to be sold under this Contract are as follows:- Product Name: [Product Name]- Model/Type: [Model/Type]- Quantity: [Quantity]- Unit Price: [Unit Price]- Total Amount: [Total Amount]1.2 The quality, specifications, packaging, transportation, and other related requirements for the Goods shall be in accordance with the following documents or standards:- Quality Certificate: [Quality Certificate Number]- Specifications: [Specifications Document]- Packaging: [Packaging Requirements]- Transportation: [Transportation Requirements]- Standards: [Applicable Standards]2. Price and Payment Terms:2.1 The price of the Goods shall be [Unit Price] per unit, in [Currency], and the total amount of the Contract shall be [Total Amount].2.2 The payment terms are as follows:- [Percentage] of the total amount shall be paid in advance by [Payment Method] within [Time Period] after the Contract is signed.- The remaining [Percentage] of the total amount shall be paid upon the delivery of the Goods and upon receipt of the customs clearance documents.3. Delivery and Shipment:3.1 The Goods shall be delivered to [Delivery Address] within [Delivery Time] after the Buyer's payment is received.3.2 The Goods shall be shipped by [Shipment Method], and the shipping documents, including but not limited to the bill of lading, commercial invoice, packing list, and quality certificate, shall be sent to the Buyer within [Time Period] after the Goods are shipped.4. Insurance:4.1 The Buyer shall arrange for insurance for the Goods during transportation, and the insurance amount shall not be less than thetotal value of the Goods.5. Inspection and Claim:5.1 The Buyer shall inspect the Goods upon receipt and shall notify Party A of any discrepancies or defects within [Time Period] after the Goods are received.5.2 If any claim is made by the Buyer, Party A shall, upon confirmation of the claim, be responsible for repairing or replacing the Goods or refunding the corresponding amount.6. Force Majeure:6.1 If either party is prevented from fulfilling its obligations under this Contract due to an event of force majeure, such as war, flood, earthquake, fire, or other natural disasters, the party shall promptly notify the other party and provide relevant proof. The obligations under this Contract shall be suspended during the period of force majeure, and the duration of the suspension shall be extended accordingly.7. Dispute Resolution:7.1 Any disputes arising from or in connection with this Contract shall be settled through friendly negotiation between the parties. If the negotiation fails, the dispute shall be submitted to the [Jurisdiction Court] for arbitration.8. General Provisions:8.1 This Contract is made in two copies, each party holding one copy, which shall be equally effective.8.2 Any amendment or supplement to this Contract shall be made inwriting and shall be signed by both parties.8.3 This Contract shall be governed by and construed in accordance with the laws of [Country].Party A (Seller):________________________[Signature]Party B (Buyer):________________________[Signature]Witness:________________________[Signature]Date: [Date]---This sales contract template provides a comprehensive framework for the terms and conditions of a sales transaction between two parties. It covers essential aspects such as the description of goods, price and payment terms, delivery and shipment, insurance, inspection and claim, force majeure, dispute resolution, and general provisions. It is important for both parties to review and agree upon all terms before signing the contract to ensure clarity and legal protection.。
国际商贸贸易合同中英文对照版
国际商贸贸易合同中英文对照版合同编号：＿____签订日期：＿____签订地点：＿____卖方（Seller）：名称：＿____地址：＿____电话：＿____传真：＿____电子邮箱：＿____买方（Buyer）：名称：＿____地址：＿____电话：＿____传真：＿____电子邮箱：＿____买卖双方经协商同意按下列条款成交：一、商品名称、规格、数量及单价（Commodity, Specification, Quantity and Unit Price）｜商品名称|规格|数量|单价|总价|｜｜｜｜｜｜｜＿____|＿____|＿____|＿____|＿____|｜＿____|＿____|＿____|＿____|＿____|二、总值（Total Value）总值：＿____三、交货条件（Delivery Terms）1、交货地点（Delivery Place）：＿____2、交货时间（Delivery Time）：＿____四、包装（Packing）＿____五、保险（Insurance）由_____方按发票金额的_____%投保_____险，加保_____险。
六、付款条件（Payment Terms）1、信用证方式：买方应在装运期前/合同生效后_____日，开出以卖方为受益人的不可撤销的议付信用证，信用证在装船完毕后_____日内到期。
2、付款交单：货物发运后，卖方出具以买方为付款人的付款跟单汇票，按即期付款交单（D/P）方式，通过卖方银行及_____银行向买方转交单证，换取货物。
3、承兑交单：货物发运后，卖方出具以买方为付款人的汇票，付款期限为_____日后，按承兑交单（D/A_____日）方式，通过卖方银行及_____银行，经买方承兑后，向买方转交单证，买方在汇票期限到期时支付货款。
七、运输方式（Mode of Transport）1、运输方式：＿____2、运输工具：＿____3、起运港（Port of Departure）：＿____4、目的港（Port of Destination）：＿____八、检验与索赔（Inspection and Claims）1、卖方在发货前由_____检验机构对货物的品质、规格和数量进行检验，并出具检验证明书。
外贸销售合同英文电子产品怎么填
Contract No.: [Contract Number]Date: [Date of Contract]Buyer: [Buyer's Name and Address]Seller: [Seller's Name and Address]1. Scope of SupplyThe Seller agrees to supply the following goods to the Buyer in accordance with the terms and conditions set forth in this Contract:Product Description:- Model: [Product Model]- Type: [Product Type]- Quantity: [Number of Units]- Unit Price: [Price per Unit]- Total Amount: [Total Price]2. Quality and SpecificationsThe goods shall be of the highest quality and shall conform to the specifications and standards set forth in the attached technical drawings and specifications. The Seller warrants that the goods will be free from defects in materials and workmanship and will comply with all applicable international standards.3. Price and Payment TermsThe price for the goods shall be [Price Terms, e.g., FOB, CIF, etc.] the place of shipment, as specified in the attached proforma invoice. The total amount of the contract shall be [Total Amount].Payment shall be made by [Payment Method, e.g., L/C, T/T, D/P, etc.] in accordance with the following terms:- [Percentage] of the total amount shall be paid as advance payment within [Number of Days] after the signing of this Contract.- The balance of [Percentage] shall be paid upon receipt of the shipping documents and confirmation of the shipment.- All bank charges and interest incurred in the process of payment shall be borne by the Buyer.4. ShipmentThe goods shall be delivered to the Buyer at [Port of Destination]within [Shipment Period], upon receipt of the advance payment and upon fulfillment of all terms and conditions of this Contract.The Seller shall ensure that the goods are properly packed, marked, and labeled in accordance with the Buyer’s requirements and the relevant international shipping regulations.5. Inspection and ClaimsThe Buyer shall have the right to inspect the goods upon arrival at the destination port. If any discrepancy is found, the Buyer shall notify the Seller within [Number of Days] after the arrival of the goods.Claims, if any, shall be lodged by the Buyer in writing to the Seller within [Number of Days] after the arrival of the goods at thedestination port. The Seller shall, upon confirmation of the claim, undertake to make a prompt settlement or replacement of the defective goods.6. Force MajeureNeither party shall be held liable for any failure or delay in the performance of its obligations under this Contract due to any cause beyond its reasonable control, including but not limited to war, flood, earthquake, fire, typhoon, and other natural disasters, or any government action, labor disputes, or any other causes beyond thecontrol of the parties.7. Governing Law and Dispute ResolutionThis Contract shall be governed by and construed in accordance with the laws of [Jurisdiction, e.g., China, United States, etc.]. Any dispute arising from or in connection with this Contract shall be settled through friendly negotiation between the parties. If negotiation fails, the dispute shall be submitted to the competent court of [Jurisdiction].8. General Provisions- This Contract constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.- Any amendment or modification of this Contract must be made in writing and signed by both parties.- The headings in this Contract are for convenience only and shall not affect the interpretation of any of its provisions.Seller’s Signature: ___________________________ Buyer’s Signature: ___________________________Date: [Date] Date: [Date]---Note:- Ensure that all the details such as the contract number, date, buyer and seller information, product specifications, price, payment terms, shipment details, and legal clauses are filled in accurately.- Attach all relevant documents, including technical drawings, specifications, and proforma invoices, as referenced in the contract.- The contract should be reviewed and approved by both parties before signing to ensure mutual understanding and agreement on all terms and conditions.。
英文销售合同付款方式
Contract Number: [Contract Number]Date: [Date]Seller: [Seller's Name]Buyer: [Buyer's Name]This Sales Contract (hereinafter referred to as "the Contract") is made and entered into by and between the Seller, [Seller's Name], and the Buyer, [Buyer's Name], on the basis of mutual understanding and agreement. The Seller agrees to sell and the Buyer agrees to purchase the following goods in accordance with the terms and conditions setforth herein.1. Description of Goods:- [Detailed description of the goods, including product name, specifications, quality, quantity, and other relevant information.]2. Price and Payment Terms:2.1. Unit Price:The unit price of the goods shall be [Unit Price], which is [Currency] per [Unit of Measure].2.2. Total Price:The total price for the goods is [Total Price], which is [Currency] for [Quantity] units of [Goods Name].2.3. Payment Terms:a) Down Payment:The Buyer shall make a down payment of [Percentage]% of the total price, which amounts to [Down Payment Amount], within [Number of Days] days after the signing of this Contract. The down payment shall be remitted to the Seller's designated bank account.b) Balance Payment:The remaining balance of [Percentage]% of the total price, which amounts to [Balance Amount], shall be paid by the Buyer to the Seller within [Number of Days] days after the shipment of the goods. The payment shall be made in the form of [Payment Method], such as letter of credit, telegraphic transfer, or any other mutually agreed-upon payment method.c) Late Payment:If the Buyer fails to make the payment on time, the Seller shall have the right to charge an interest of [Interest Rate]% per annum on the overdue amount, starting from the due date until the full payment is received.2.4. Payment Methods:a) Bank Transfer:The Buyer shall make the payment by telegraphic transfer to thefollowing bank account:Bank Name: [Bank Name]Branch: [Branch Name]Account Number: [Account Number]SWIFT Code: [SWIFT Code]b) Letter of Credit:The Buyer shall open an irrevocable letter of credit in favor of the Seller through a reputable bank within [Number of Days] days after the signing of this Contract. The letter of credit shall be valid for [Number of Days] days after the shipment date.c) Cash in Advance:The Buyer may choose to make the payment in full by cash in advance upon the receipt of the goods.2.5. Payment Verification:The Seller shall provide the Buyer with a receipt of payment for each transaction. The Buyer shall verify the receipt and confirm the payment with the Seller within [Number of Days] days after the payment is made.3. Shipment and Delivery:3.1. Shipment Terms:The goods shall be shipped in accordance with the Incoterms 2020, specifically [Incoterm], which shall be [Description of Incoterm].3.2. Delivery Time:The Seller shall deliver the goods to the Buyer within [Number of Days] days after the Buyer's confirmation of the order and receipt of the down payment.3.3. Delivery Location:The goods shall be delivered to the Buyer's designated address as specified in the Contract.4. Inspection and Claims:4.1. Inspection:The Buyer shall have the right to inspect the goods upon delivery. If any discrepancies or defects are found, the Buyer shall inform theSeller within [Number of Days] days after the delivery.4.2. Claims:If the Buyer finds any discrepancies or defects in the goods, the Buyer shall submit a claim to the Seller in writing within [Number of Days] days after the inspection. The Seller shall investigate the claim and respond within [Number of Days] days after receiving the claim.5. Force Majeure:In the event of any unforeseen circumstances beyond the reasonable control of either party, such as war, natural disasters, fire, flood, or any other similar events, the affected party shall be excused from itsobligations under this Contract for the duration of the event and any resulting delays.6. Governing Law and Dispute Resolution:This Contract shall be governed by and construed in accordance with the laws of [Country]. Any disputes arising from or in connection with this Contract shall be resolved through friendly negotiation between the parties. If the negotiation fails, the disputes shall be submitted to the [Courts/Arbitration Body] for final and binding resolution.7. Entire Agreement:This Contract constitutes the entire agreement between the parties and supersedes all prior。
公约第38条
Article 38 of United Nations Convention on Contract for the International Sale of Goods stipulates:
(1) The buyer must examine the goods, or cause them to be examined, within as short a period as is practicable in the circumstances. (2) If the contract involves carriage of the goods, examination may be deferred until after the goods have arrived at their destination. (3) If the goods are redirected in transit or redispatched by the buyer without a reasonable opportunity for examination by him and at the time of the conclusion of the contract the seller knew or ought to have known of the possibility of such redirection or redispatch, examination may be deferred until after the goods have arrived at the new destination.
9.1.2 Inspection Body
An inspection institution is the third party that takes a neutral position in the inspection of goods.
国贸合同条款模板英文
国贸合同条款模板英文Contract No.: ____________Contract Date: ____________Contracting Parties:Seller: ____________Address: ____________Contact Person: ____________Telephone: ____________Fax: ____________Email: ____________Buyer: ____________Address: ____________Contact Person: ____________Telephone: ____________Fax: ____________Email: ____________1. Commodity and Specifications:- Description of Goods: ____________- Quantity: ____________- Unit Price: ____________- Total Amount: ____________- Currency: ____________2. Quality, Quantity, and Weight:- The quality, quantity, and weight of the goods shall be in accordance with the specifications stipulated in this contract.3. Packing:- The goods shall be packed in a manner suitable for long-distance ocean transport and safe against dampness, moisture, rust, and rough handling.4. Shipment:- The goods shall be shipped within __________ days after the receipt of the advance payment or letter of credit.5. Insurance:- The seller shall arrange for insurance covering the risksof the goods during transit.6. Payment Terms:- 30% advance payment by T/T upon signing the contract, the balance to be paid by irrevocable letter of credit at sight. 7. Delivery:- The goods shall be delivered to the port of destination as per the shipping documents.8. Inspection and Claim:- The buyer shall have the right to inspect the goods within__________ days after arrival. Claims for any discrepancy in quality, quantity, or weight must be made in writing within__________ days after the goods have been received.9. Force Majeure:- Neither party shall be held responsible for any failure to fulfill the obligations under this contract due to force majeure.10. Arbitration:- Any dispute arising out of this contract shall be settled through friendly negotiation. If no settlement can be reached, the dispute shall be submitted to __________ for arbitration.11. Applicable Law:- This contract shall be governed by and construed in accordance with the laws of __________.12. Amendments:- Any amendments to this contract must be made in writing and signed by both parties.13. Effectiveness:- This contract shall become effective upon signature by both parties and remains valid until the performance of all obligations is completed.14. Additional Provisions:- Any additional provisions agreed upon by both parties shall be attached to this contract and shall be considered an integral part of it.IN WITNESS WHEREOF, the parties have executed this contract on the date first above written.Seller: ____________Buyer: ____________Signature: ____________Signature: ____________Date: ____________Date: ____________Place of Signing: ____________Place of Signing: ____________(Official Seal of the Seller) (Official Seal of the Buyer)。
- 1、下载文档前请自行甄别文档内容的完整性，平台不提供额外的编辑、内容补充、找答案等附加服务。
- 2、"仅部分预览"的文档,不可在线预览部分如存在完整性等问题,可反馈申请退款(可完整预览的文档不适用该条件!)。
- 3、如文档侵犯您的权益，请联系客服反馈,我们会尽快为您处理(人工客服工作时间：9:00-18:30)。
Inspection clause in S/C
- It is mutually agreed that the Inspection Certificate of Quality and Quantity issued by the Manufacturer at the port of shipment shall be part of the documents to be presented for negotiation under the relevant L/C. The Buyer shall have the right to re-inspect the quality and quantity of the cargo. The re-inspection fee shall be borne by the Buyer. Should the quality and/or quantity be found not in conformity with that of the contract, the Buyers are entitled to lodge with the Sellers a claim which should be supported by survey reports issued by a recognized surveyor approved by the Sellers. The claim, if any, shall be lodged within … days after arrival of the cargo at the port of destination.
Breach of condition Breach of warranty
The injured party can only claim damages but cannot declare the contract voided.
Claim Clause in Contract -Discrepancy & claim clause
Examples: claim by the buyers on the goods shipped shall be filed within 30 days after the arrival of the goods at the port of destination and supported by a survay report issued by a surveyor approved by the sellers. Claims in respect of matters within responsibility of the insurance company and/or shipping company will not be considered or entertained by the sellers.
•If any party breaches a contract the other party is entitled to lodge claim against the party •Proofs •Period for claim
-Penalty clause
The method of calculating the penalty The penalty ceiling
Section 1 Commodity Inspection
The implication of commodity inspection
-The inspection certificate can serve as proof of the conditions of the goods if and when there is a trade dispute.
Section 2 Claim
Breach of contract -Committed by the Seller
•The seller fails to deliver the goods •The documents relating to goods are incomplete •The goods do not conform to the contract
Chapter 8
Inspection, Claim, Force Majeure and Arbitration
Main contents
Inspection (检验 检验) 检验 Claim (索赔 索赔) 索赔 Force Majeure (不可抗力 不可抗力) 不可抗力 Arbitration (仲裁 仲裁) 仲裁
Inspection standard
- laws and administrative regulations - the international trade contract
Inspection certificate
- Most frequently used certificates are: Inspection Certificate of Quality, Weight, Quantity, Origin, Value, Damaged Cargo, and Health.
-Committed by the buyer
The buyer fails to pay the price The buyer fails to take delivery of the goods
Liabilities of Breach of Contract -CISG: The injured party may •Fundamental breach declare the contract voided •Non-fundamental breach and claim damages. -British laws:
Import & export commodity inspection
- Statutory inspection: legal inspection - All commodities listed in the Catalogue
Time & place for inspection
-Inspection at the factory - Inspection at the shipment - Inspection at the importing country - Inpection at the port of shipment and re-inspection at the port of destination (most widely used) - Weight inspection at the port of shipment and quality inspection at the port of destination
Examples: Penalty clause
- In case of delayed delivery, the sellers shall pay to the buyers for every week of delay a penalty that amounts to 0.5% of the total value of the goods whose delivery has been delayed. Any fractional part of a week is to be considered a full week. The total amount of penalty shall not, however, exceed 5% of the total value of the goods invovled in late delivery and be to be deducted from the price amount by the bank at the time of negotiation, or by the buyers directly at the time of payment. In case the period of delay exceeds 10 weeks after the stipulated delivery date, the buyers have the right to terminate this contract. But the sellers shall not thereby be exempted from the payment of penalty.
Inspection authority
- General Administration of Quality Supervision, Inspection and Quarantine of the People’s Republic of China (AQSIQ,国家质量监督检验检疫总局 管理机构 ) 国家质量监督检验检疫总局, 国家质量监督检验检疫总局 - The entry/exit inspection and quarantine bureau (各地区进出境检验检疫局，执行机构 各地区进出境检验检疫局， 各地区进出境检验检疫局 执行机构)