国际贸易实务Chapter3 Name 、Quality 、Quantity

Two
POINTS FOR ATTENTION IN SALE BY SAMPLE


section1 name of commodity

Name of commodity is a main component of the Description of Goods, and it should be clearly stipulated. It concerns the rights and the obligations of both importers and exporters.



Section 2 Quality of Commodity

-----Definition The quality of commodity refers to the combination of the intrinsic quality and outside form or shape of the commodity, such as modeling, structure, color, luster, taste, chemical composition, mechanical performance, biological features, etc.
----Methods of stipulating quality of the goods
------Sale by actual commodity -----Sale by description
Sale by Inspection
Sale by Sample
Sale by Specification
The seller must deliver goods in conformity with the sample. This is an implied warranty of the seller. Though not expressed clearly in the contract, the seller must do as this.
Sale by Actual Commodity
Methods of Stipulating Quality of Goods
Sale by Grade
Sale by Standard Sale by Specifications and Illustrations Sale by Product Origin

“Quality as per buyer’s sample”
Whether the samples are presented by the buyer or seller, the quality of the commodities should be strictly same as sample. To avoid disputes in the future, the seller can stipulate some flexible clauses in the contract such as ‘quality to be about equal to the sample’.

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Two basic requirements for sale by sample:
One
The sample is the only legal basis of confirming whether the whole consignment is in conformity with the contract or not.
Chapter 3
Subject Matter of an International Sales Contract
Learning objectives

Know the different ways of quality stipulation
Familiar with the quantity measurement units and systems. Know the functions and features of different types of export packaging. Master the stipulation of quality, quantity, and packing clauses properly.


Ways to name the commodity
Name after its main usages: Air conditioner Name after its raw materials or main components: Apple wine Name after its name of origin: Brazil barbecue Name after its design or outer shape: Mouse Name after its commendatory terms: Goldlion Name after some famous persons: Chanel Name after its craftsmanship: Skimmed Milk
SALE

BY SELLER’S SAMPLE
In this case, the samples provided by the seller should be representative samples or original samples. Such samples are usually taken out from the whole lot or specially designed or processed to represent the quality of the goods that will be delivered in the future. While sending the samples to the buyer, the seller should keep “duplicate samples” for reference in case disputes arise.
Sample refers to the article which can
be used to represent the quality of the whole lot.
After the contract is concluded, based on the
samples accepted by the other party, the seller is responsible for delivering the goods with the duplicate same qualie buyer send a sample to the seller and ask him to supply the goods in accordance with it. In this case, the seller shall first take into consideration the availability of the new material and the possibility of providing the processing technology.
Sale by Counter Sample • In order to gain the initiative, after receiving the buyer’s sample, the seller may send to the buyer a duplicate of the received sample or send him a sample of his own goods in similar quality, called “return sample” or “counter sample”. • If the buyer accepts this sample, then “sale by buyer’s sample” is changed into “sale by seller’s sample”.


outwards appearance: shape, structure, color, flavor, luster and etc. inner features: composition, physical and mechanical property, chemical, biological feature, etc.

When stipulate the name of commodity




Must be specific and concrete; vogue and general descriptions should be avoided Any irrelevant descriptions should be excluded International standardized names are advisable Choose proper names for the commodities
samples
Sale By Sample
a. Sale by Seller’s Sample
counter samples
representative samples
Buyer’s samples

When possible, the seller will do according to the buyer’s sample.If impossible,he may send to the buyer a sample of goods in similar quality, called return sample or counter sample, as a proposal for the buyer’s consideration.
----Significance: a. Refers to the value of use and the value of the commodity. b. Affects the market price and marketability of the commodity. c. Involves the relevant corporate and even a country's reputation

If the contract includes the sentence”the quality of the goods delivered is the same as the sample”,should the seller accept it?
Sale by Buyer’s Sample
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If a seller has to take one product or from a consignment of goods as a sample for sale, should he select the best quality?

“Quality and technical data to be strictly in conformity with the description submitted by the seller”
Sale by Description
Sale by Brand Name or Trade Mark
1. SALE BY ACTUAL COMMODITY
1.1 Sale by Inspection
Agricultural product
Car exhibition
1.2 SALE BY SAMPLE