英文案例分析

Case 1

One Chinese company exported a contract of Grade B Peanuts to a foreign country importer. When the seller was working on the delivery of the goods, he found that the Grade B Peanuts were out of stock. Without prior consent of the buyer, the seller delivered the Grade A Peanuts instead of Grade B Peanuts and stated on the invoice “Grade A Peanuts, price is the same”, while the buyer refused the consignment.

Question:

In this situation, does the buyer hold the repudiation rights? Why?

Answer：

The buyer has the right to refuse to pay. This is because both sides confirmed the Grade B Peanuts when signing the contract, which holds a legal effect. If the seller gets the buyer’s consent, he can change the peanuts grade. So the buyer has the power to refuse to pay.

Case 2

One Chinese company exported a contract of agricultural products to a German company. The contract stipulates that moisture not exceeds 15%, impurity not more than 3%. Before the deal closing, the seller sent the buyer the samples and after the contracting the seller immediately faxed the buyer that the consignment was similar to the sample. After the shipment arrived at Germany the buyer had the goods inspected. Later, the buyer showed the inspection certificate, saying that the quality of the goods was inferior to the samples’, and then he put forward a claim for compensation of ￡6 000, finally the Chinese company paid the compensation.

Question:

Please analyze the case.

Answer：

The transaction belongs to the sample trading. In international trade, in order to avoid the situation that the seller’s delivery quality is inconsistent with the requirement of the buyer, which leads to the buyer’s claim, the seller may ask the buyer for a sample in advance and the seller shall provide a tailored sample according to the sample from the buyer for confirmation; this is called “confirming sample”. When the sample is confirmed by the buyer, all the quality of the goods must be the same as the sample’s. In the contract, it’s beneficial for the seller to issue the quarantine inspection and quarantine certificates.

Case 3

A China’s export company made a transaction of apples with a foreign company. It’s stipulated “second-class apple”in the quality terms on the contract of sales and letter of credit. However, they found the second-class apple had been all sold out when they began to arrange the shipment. As a result, the company switched to the delivery of “first-class apples”, and the invoice stated that: “the price of the first-class apples is the same as that of the second-class”. Finally, the importer refused to accept and to pay due to the inconsistency with the quality contract terms. Question:

What do you think of this case?

Answer：

Under normal circumstances, the practice of substituting the superior goods for the inferior ones will be quite acceptable. However, if the market price of the goods is nose-diving or some other