国贸实务课件-6

Standard sample
Standard samples include seller's sample, buyer's sample and counter sample. Sample are either offered by the seller or the buyer. They are described as sale by the seller's sample, and the sale by the buyer's sample.
Contract clauses
Name of commodity Quality Quantity Packing Shipment Insurance Price Payment Commodity inspection Claim Arbitration Force majeure
贸易合同的内容
Insurance Commodity inspection Arbitration Claim Force Majeure
Chapter 6 Terms of Commodity
6.1 Name of Commodity 6.2 Quality of Commodity 6.3 Quantity of Commodity 6.4 Packing of Commodity 6.5 Commodity Inspection and Customs Formalities
商品的品名 商品的品质 商品的数量
商品的包装
商品的价格
国际货物运输
国际货物运输保险
商品检验
国际货款的收付
不可抗力
索赔
仲裁
Conditions of contract
Name of commodity Quality Quantity Packing Shipment Price Payment
来自百度文库
General Terms of Contract
Definition of contract A contract is an agreement which set forth binding obligations between the relative parties.
Types of contract
1 2 3 4 5 Agreement Contract Confirmation Memorandum Order
6.2 Quality of Goods）
Quality of Goods is the concentrated expression of Inherent Quality （physical properties, mechanical behavior, chemical composition, organisms trait）and Appearance shape （ appearance, color and luster, style）
Counter sample
When sale is made by the buyer's sample ,the goods delivered by the seller, may sometimes not be in conformity with the buyer's sample and thus the buyer may refuse to accept the goods. In order to avoid disputes over the quality of goods in the days to come, a wise seller should first send a copied product for confirmation before putting in production.
以实物表示 看货买卖 凭样品成交
凭卖方样品买卖 凭买方样品买卖 凭对等样品买卖 凭封签样品买卖
以说明表示 凭规格买卖 凭等级买卖 凭标准买卖 凭说明买卖 凭商标或品牌买卖
凭产地名称买卖
CASE STUDY
我某公司向德国出口一批农产品，合同规定其所 含水份最高为15%，杂质不超过3%，但在成交
前我方曾向买方寄过样品，订约后我方又电告对
由第三方或由公证机关在一批货物中抽 取的样品采用铅丸、钢卡、封条等各种 方式加封识别，由第三方或公证机关留 存备案的样品。 买方 卖方 公证机关
Sale by description
Sales by Specification, Grade or Standard Sales by Brand or Trade Mark Sales by Description, Drawing or Diagram（illustration） Sale by name of origin
Sealed sample
Before sending samples or delivering the goods to the buyer, the seller may select some samples and seal them in the presence of the buyer or notary（公 证人）. This sealed sample is for checking the quality of the shipments in the future.
If the goods delivered by the seller are not in accordance with the contract, the buyer reserves the right to lodge a claim, reject the goods or even cancel the contract.
方成交货物与样品基本相同，货到德国后，买方 验货后提出货物的质量明显比样品差的检验证明，
并据此提出索赔6000英镑，我公司应如何处理？
FAQ—Fair Average Quality (良好平均品
质)
是指一定时期内某地出口货物的平均品质水 平，一般是指大路货（即中等货）。 具体指： 农产品的每个生产年度的中等货 某一季度或某一装船月份在装运地发运的同 一种商品的“平均品质” 在我国是指大路货，与精选货(selected goods)相对
2 Sample
A sample is a small quantity of a product, often taken out from a whole lot or specially designed and processed that is given to encourage prospective customers to buy the product.
6.1 Name of commodity
Name of commodity is a main component of “Description of goods” It concerns the rights and obligations of the seller and the buyer.
Notes of Name commodity
Clear Concrete Common Reasonable Sometimes it is descripted with the term of quality.
Name of commodity: Northeast soybean
HS（Harmonized System）
Methods of describing the quality
Methods of describing the quality
Sale by actual quality 1 Actual goods （1）The buyer has no rights to put forward any discrepancy of quality after he inspected the goods. （2）The buyer and the seller are far apart in different countries.
GMQ——Good Merchantable Quality（上好可销品质）
Quality clause in contract
Flexible quality range: “The quality of the goods shipped to be about equal to the sample”. Quality tolerance
Role of quality clause
A condition of contract clause. Basis of avoiding disputes. Obligations of the seller to provide the quality of the goods. Descriptions of the goods .
The HS is a core system of obligating contracting parties to use the international six-digit nomenclature as the basis of their national import and export tariff and statistical compilations. The Hs consists of 20 sections divided into 96 chapters listing 5019 articles descriptions. China began to adopt HS in 1992.
International Trade Practices
3
A Good Beginning Is Half-done.
Clause of Contract
Chapter 6 Terms of Commodity Chapter 7 International Cargo Transport Chapter 8 International Cargo Transportation Insurance Chapter 9 Terms of Price Chapter 10 International Payments Chapter 11 Claims, Force Majeure and Arbitration
Sales by Sample
Reference sample When sale is made by description, either the seller or the buyer may send a physical sample to the other party to let him know more clearly about the products. This sample is often marked “for reference only”. It is not the basis of delivery.
6.3 Quantity of commodity Unit of Measurement Calculation of Weight More or less clause
The systems of weights and measures
1 Metric system （kilogram, meter, square meter and liter） 2 International system （kilogram, meter and second） 3 British system （pound and yard） 4 U.S. system（pound and yard）
Name of commodity
Valid terms of name commodity: ｛1｝Commodity should be owned by the Exporter; ｛2｝Commodity should be agreeable by the relative parties; ｛3｝Commodity should be legal.