国际贸易实务(英文版)(第二版)ppt周瑞琪4.Terms of Commodity

Issues concerning stipulating name in sales contract:
being clear, specific& precise being practical adopting the widely accepted name (HS Code)
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Sale by buyer’s sample
made on the basis of the sample provided by the buyer
Sale by counter sample
Counter sample: a replica made by the seller of the sample provided, normally by the buyer counter sample used as the basis for quality to remove the risk of the seller a good substitute to sale by buyer’s sample
G.M.Q.:
the quality of the goods offered are sufficiently good to satisfy the purposes for use or consumption which are mutually understood by the buyer and the seller used sometimes as the bottom-line of quality requirement.
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4.1 Name of commodity
Significance
CISG Article 35: The seller must deliver goods which are of the quantity, quality and description required by the contract and which are contained or packaged in the manner required by the contract
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4.2 Quality –Sale by description
Sale by descriptions or illustrations
specific descriptions, sometimes with illustrations Example
Panasonic Television, TH-42PV65C, quality and technical data to be strictly in conformity with the instructions attached. Haier Refrigerator, Model XXX ,quality and technical data to be strictly in conformity with the descriptions submitted by the seller.
China Sesame Seed Moisture: 8% max. Admixture: 2% max. Oil content: 52% basis
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4.2 Quality stipulation –Sale by description
Sale by grade
Sale by origin
to use the name of the place of origin as the indication for quality Example
West-lake Longjing Tea, Grade 1, Zhejiang Origin
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4.2 Quality stipulation –Sale by description
Sale by standard
when specifications or grades are laid down and proclaimed in a unified way, they become standards. Example
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4.2 Quality stipulation –Sale by description
Sale by brand name or trade mark
to define the quality of some products by simply referencing to their brand names or trademarks. Examples
be indicated simply by stating its grade, as presumably the seller and the buyer are supposed to have reached a consensus on the classification implication of grades. to avoid misunderstanding and the subsequent disputes, however, it is recommended to lay down some major specifications
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4.2 Quality stipulation –Sale by description
sale by grade: example
Fresh Hen Eggs, shell light brown and clean, even in size Grade AA: 60-65gm per egg Grade A: 55-60gm per egg Grade B: 50-55gm per egg Grade C: 45-50gm per egg
Tetracycline HCL Tablets (Sugar Coated) 250mg. B. P. 1973 China Northeast Soybean 2006 New Crop, F. A. Q: Moisture 15% max. Admixture 1% max.
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Chapter Four
Terms of Commodity
Learning objectives
After reading this chapter you should be able to
explain the different ways of quality stipulation outline the quantity measurement units and systems describe the approaches to weight calculation understand the functions and features of different types of export packaging identify marking on the packing of goods for international sales compose quality, quantity and packing clauses properly
4.2 Quality
Definition:
refers to the intrinsic elements of commodities including the internal properties or ingredients as well as the external appearance..
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4.2 Quality
Issues concerning quality clause in sales contract:
adopting the right way avoiding double standard being clear, practical and reasonable making use of Quality Latitude or Tolerance making price adjustment when necessary inserting seller's protecting clause when necessary
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4.2 Quality stipulation –Sale by sample
Sale by sample
Definition: a sale when the seller and buyer agree that sample is used as the basis of quality and condition of the goods to be delivered. Example
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4.2 Quality: ways of quality stipulation
Quality Stipulations
Categories Types Sale by Specification Sale by Grade Sale by Description Sale by Standard Sale by Brand Name or Trade Mark Sale by Place of Origin Sale by Descriptions and Illustrations Sale by Seller’s Sample Sale by Sample Sale by Buyer’s Sample Sale by Counter Sample Sale by Actual Commodity/Sale by Actual Quality
Teddy Bear Size 15, Quality as per Sample X071118A
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4.2 Quality stipulation –sale by sample
Sale by seller’s sample
made on the basis of the sample provided by the seller
Sony Televisions Haier Refrigerators Tigerhead batteries Panasonic Television, TH-42PV65C
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4.2 Quality stipulation –Sale by description
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4.2 Quality stipulation –Sale by description
Specification
comprise some important indicators such as composition, content, purity, length, size, etc. Example
4.2 Quality stipulation –Sale by description
Sale by standard: F.A.Q. & G.M.Q
F.A.Q.:
indicating that the quality of the a product offered is about equal to the average quality level of the same crop within a certain period of time (e.g. a year.) generally suitable for agricultural products.