贸易实务案例分析

Case Study for Chapter 1 and 21. A company exported a batch of goods on the basis of CFR. Because of negligence,it failed to notify the importer of the loading and shipment. As a result, the importer did not insure the goods timely. Not long after the vessel left for the destination, it ran aground and sank, causing total loss of goods. The importer lodged a claim against the exporter and asked for compensation for the lost goods.However, the exporter refused to compensate for the lost goods because the lost happened after the goods were on board the vessel. So the risks should borne by the importer. Disputes then arose.Question: Who do you think should hold responsibilities for the loss? Why?2.An exporting company finalized a deal with a foreign company with the terms ofCIF Landed London. The contract stipulated that the quantity of the goods was 500 cases with L/C and shipping in May. The buyer issued the letter of credit to the seller under the contract. After the successful shipment of goods, the seller took the procedure for negotiation within the period for presentation of document and then received the payment. Soon, the seller received the buyer’s receipt of unloading and import declaration fee for the goods received in London, and requested the exporting company to pay the buyer the amount of the money in the receipt.Question: Does the exporting company need to pay this cost, and why?3. A company exported a batch of strong seasonal goods to a British customer onCIF terms. The two parties agreed to stipulated in the contract: The buyer should send the relative L/C before the end of September, while the seller should guarantee that the vessel arrived at the port of destination by December 2nd. Once the vessel arrived at the destination later than December 2nd, the buyer has the right to cancel the contract. If payment has been made, the seller should return it to the buyer.Question: Do you think the contract signed like this is correct?4. A Chinese importer entered into a CIF contract with an American exporter, inwhich the Chinese importer imported some machine components from the American exporter. The goods have been loaded on time at the shipping port stipulated in the contract. Four hours after the vessel left for the destination, it ran aground on a reef and sank. The next day, when the seller held the bill of lading, insurance policy, invoices and other shipping documents to require the buyer for payment, the buyer refused to accept documents and payments, saying that all the goods had been ruined.Question: In such circumstances, does the seller hold the right to require the buyer to pay the bill? Why?5. A Shandong export company signed up a contract of exporting some primarygoods with a South Korean import company on CIF conditions. During the shipment period of time stipulated in the contract, Shandong exporter got all the goods ready and arranged well the transportation from shipment port to destination port. While shipping, taking into account that the distance from shipment port to destination port was very short, the sea was dead calm, no accident would happen, the exporter did not effect the goods for marine cargo insurance. As a matter of fact, everything was in goods order and nothing unusual happened. The goods arrived at destination safely. But among all the shipping documents, insurance policy was absent. This time the market price changed toward the disadvantage to the buyer. So the buyer took the absence of insurance policy as an excuse and said there was discrepancy in the documents and refused to pay for the goods.Question: Is the importer’s requirement reasonable? How is the problem dealt with?6. A Chinese import and export company signed a contract with a Thailand importand export company on FOB terms, selling the Thailand company 10 000 pieces of candles. Before shipment, the goods passed an inspection by a notary public and were in line with the contract requirements. After the goods’ arrival at the port of destination, the buyer found that 30% of the candles were curved and, therefore, claimed to the seller. But the seller refused to make compensation on the grounds that the quality of the goods at shipment was consistent with the contract requirements and there was a quality certificate given by the notary public. After careful investigation, the reason for the candle curving was clear. It was because when the goods were handled to the carrier, the carrier packed the goods in the cabin near the engine room, as a result of high temperature within the cabin.Question: In these circumstances, whether the reasons for the seller for rejecting the claim were set up? Why?7. A northern China Chemicals Import and Export Company A and the ChemicalProducts Company B of California in the United Stated entered into a chemical products sales contract on the basis of FOB terms. Company A loaded the goods on the Singapore vessel assigned by the Company B three days before the deadline. Before loading the goods had been inspected, showing the quality of the goods is in good order and in compliance with the contract stipulations. When the goods arrived at the destination in San Francisco, the inspection authorities found that the quality of the goods changed and there were some agglomeration of goods.After careful investigation it turned out that it was because of the poor packing that caused the quality to change. The survey confirmed that due to bad packaging of goods in transit the goods absorbed moisture in the air, which led to the original granular form lumps of raw materials. Company B filed claims against CompanyA. However, Company A believed that before shipment of the goods the test forthe goods was qualified, the quality change didn’t happen before shipment butduring the transportation, that was, after the crossing of the ship’s rail, quality change occurred. In accordance with international trade practices, the consequences should be borne by the buyer. Therefore, Company A refused Compensation.Question: Do you think Company A’s refusal is reasonable? Please give your explanation of how to deal with it.8.One Chinese company exported to a British company with the contract of soybeanwith the stipulation: “Moisture not more than 14%, impurity not more than 2.5%”.Before the deal, the export company sent the sample to the buyer and after the contract the export corporation advised the buyer that the delivery was similar to the sample. When the goods arrived in UK, the buyer found the unconformity of the goods with the sample, and presented the local inspection institutions inspection certificate to prove the quality of goods. It was inferior to the sample by 7% without mentioning that the quality did not conform to the provisions of the contract quality. The buyer requested the export to company compensate the loss of 15 000 pounds.Question: Should the export company compensate? What lessons does the case give us?9.An ore exporting contract specified the terms as follows: “25 000 M/T, 3% moreor less at sell er’s option.”When the seller prepared to take delivery, the international market prices of ore went upward.Question: (1) How much are you going to deliver as a seller? Why?(2)Standing in the position of the buyer, what should be paid attention to duringnegotiation of the terms of the contract?。