Landed Quality and Landed Weight Shipping Weight and Landed Quality
Legal Inspection
Landed Quality and Landed Weight Shipping Weight and Landed Quality
Legal Inspection
A、worthwhile
B、worth
C、worthing
D、worthy
A、Find out what locals pay.
B、Start 50% lower than the first offer.
C、Don't walk away from an item if you love it.
D、pretend that you are not keen the item.
B、It's not necessary to make a time limit of shipment
C、The date of L/C has nothing to do with the time of shipment
D、Time of shipment is same as time of delivery in DDP
In the fall of 2006 ,one of our trading companies concluded a substantial rice business with an old customer in Africa. The terms of delivery are : shipment is to be made in equal monthly lots beginning from December,2006 to June,2007 and payment is to be made by irrevocable letter of credit 60 days after the date of the bill of lading. The customer established the L/C in time and all particulars of the rice, such as the name , specifications , unit price,total price and total quantity are in conformity with the contract. But the terms of shipment only stated " the latest date of shipment is June 30 ,to be shipped in several lots".
The staff in our trading company made the first shipment in December according to the quantity stated in the contract. However in order to export more and eam more foreign exchange earlier, they advanced the time of shipment regardless the shipment terms stipulated in the contract. In January 2007 , our company shipped the quantity of the first quarter once , and in February made the third shipment for the rest quantity that should be delivered in the second quarter, since our staff had not found any specifications "shipment is to be made in equal lots" in the L/C. At the same time our bank negotiated against presentation of the stipulated documents and subsequently asked the opening bank to pay for the goods. The opening bank examined the L/C and confirmed that the L/C had no error in it.
After receiving the shipping advice, the African customer found that the delivered quantity of the rice both in the second lot and third lot were not in accordance with the shipment terms stipulated in the contract, so a claim was filed by the customer against our trading company for default shipment. The amount claimed involved the added fees of chartering warehouse for the delivered goods, the interest and other charges etc. The two parties negotiated the compensation for several times, finally our company accepted the opposing party's opinion and agreed that the purchase price for the last two lots was to be paid four months later, that meant our company would receive the payment a few months later than che original stated time. According to Lhe current price in the international market at that time, our trading company suffered the loss equivalent to 10 percent of the original selling price.
Questions :
(1) What is the relationship between the letter of credit and the transaction contract?
(2) Which proof must the two parties concerned base on when they perform their obligations?
(Translate the case into Chinese and then answer the question)
Helpful hint: It is stipulated in Article 4 of the Uniform Customs and Practice for Documentary Credits that "in credit operations all parties concerned deal in documents and not in goods , service and/or other performance to which the documents may relate" .
The shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks,number,quantity and weight,as furnished by him,and the shipper shall indemnify the carrier against all loss,damages and expenses arising or resulting from inaccuracies in such particulars.The right of the carrier to such indemnity shall in no way limit his responsibility and liability under the contract of carriage to any person other than the shipper.
Unless notice of loss or damage and the general nature of such loss or damage be given before or at the time of the removal of the GOODs into the custody of the person entitled to delivery thereof under the contract of carriage,or,if the loss or damage be not apparent,within three days,such removal shall be prima facie evidence of the delivery by the carrier of the GOODs as described in the bill of lading.
The notice in writing need not be given if the state of the GOODs has,at the time of their receipt,been the subject of joint survey or inspection.
In any event the carrier and the ship shall be discharged from all liability in respect of loss or damage unless suit is brought within one year after delivery of the GOODs or the date when the GOODs should have been delivered. In the case of any actual or apprehended loss or damage the carrier and the receiver shall give all reasonable facilities to each other for inspecting and tallying the GOODs.
问题:
It can be concluded that the purpose of this clause is to protect the interest of ________.
A.ship owners
B.shippers
C.charterers
D.the merchant
The duration of the liability of the carrier or ship in respect of loss of or damage to cargo is ________.A.one year
B.three days
C.not mentioned
D.variable with the kind of cargo carried and the voyage the vessel has completed
This clause is most likely extracted from ________.A.Hague Rules
B.Marpol 73/78
C.SOLAS
D.IMDG Code
It is provided in the clause that ________.A.the shipper shall not indemnify the carrier against all loss,damages and expenses arising or resulting from inaccuracies in particulars concerning cargoes
B.the shipper shall indemnify the carrier against no loss,damage and expense arising or resulting from inaccuracies in particulars concerning cargoes
C.the shipper shall not be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks,number,quantity and weight,as furnished by him
D.the shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks,number,quantity and weight,as furnished by him
补充材料:
(1)Shipping Mark: ABC
HELSINKI
No.1-400
(2)2011年12月3日开出装箱单;12月13日装船,船名SUISUN V.103
(3)G.W.为3600kgs,N.G为3500kgs
(4)B/LNo.:KEN 05-25401
售货合同
SALES CONTRACT
卖方: SHANGHAI XINXIN TRADING
Seller:Co., LTD.Contract No. :08SGQ468001
Date:Nov. 15th. 2011
地址: Signed at:SHANGHAI
Address:88, CHUNGSHAN ROAD E.I., SHANGHAI, CHINATelex:021 GDLEA CN
Fax:86-2155668888
Buyer: ABC COMPANY LIMITED, FINLAND
Address:KEDSANTERINK AUTO P.O. BOX 9, FINLANDTelex:______
Fax:+1[250]8285155
This Sales Contract is made by and between the Sellers and the Buyers, whereby the Sellers agree to sell andthe Buyers agree to buy the under-mentioned goods according to the terms and conditions stipulated below:
(1)货号、品名及规格 Name of Commodity and Specification | (2) 数量 Quantity | (3) 单位 Unit | (4) 单价 Unit Price | (5)金额 Amount |
TRANGLE BRAND 3U--SHAPE ELECTRONIC ENERGY SAVING LAMP TR—3U—A 110V 5W E27/B22 TR—3U—A 110V 7W E27/B22 TR—3U—A 110V 22W E27/B22 TR—3U—A 110V 26W E27/B22 5% more or less both in amount and quantity allowed | 5000PCS 5000PCS 5000PCS 5000PCS | PC PC PC PC | USD2.50/PC USD3.00/PC USD3.80/PC USD4.20/PC | USD12500.00 USD15000.00 USD19000.00 USD21000.00 |
Total Amount | USD67500.00 |
(6) Packing:CARTON(7) Delivery FromSHANGHAItoHELSINKI(8) Shipping Marks:N/M
(9) Time of Shipment: Within30days after receipt of L/C. Allowing transshipment and partial shipment.
(10) Terms of Payment: By100% Irrevocable Letter of Credit in favor of the Sellers to be available by sight draftto be opened and to reach China beforeDEC.1st,2011and to remain valid for negotiation in China until the 15thdays after the foresaid Time of Shipment. L/C must mention this contract number. L/C advised by BANK OFCHINA, SHANGHAI BRANCH.TLX: 444U4K GZBC. CN. ALL banking Charges outside China (the mainland ofChina) are for account of the Drawee.
(11) Insurance: To be effected by Sellers for 110% of full invoice value coveringF.P.Aup toHELSINKI.
(12) Quality/Quantity Discrepancy and Claim:
In case of the quality and/or quantity/weight are found by the Buyers to be not in conformity with the Contractwith the Contract after arrival of the goods at the port of destination, the Buyers may lodge claim with the Sellerssupported by survey report issued by an inspection organization agreed upon by both parties, with the exception,however, of those claims for which the insurance company and or the shipping company are to be held responsible,claim for quality discrepancy claim should be filed by the Buyers within 15 days after arrival of the goods at theport of destination. The Sellers shall, within 30 days after receipt of the notification of the claim, send reply to theBuyers.
(13) Force Majeure: In case of Force Majeure, the Sellers shall not be held responsible for late delivery ornon-delivery of the goods but shall notify the Buyers by cable. The Sellers shall deliver to the Buyers by registeredmail, if so requested by the Buyers, a certificate issued by the China Council for the Promotion of InternationalTrade or/and competent authorities.
(14) Arbitration: All dispute arising from the execution of or in connection with this contract shall be settledamicably by negotiation. In case of settlement can be reached through negotiation the case shall then be submit
China International Economic&Trade Arbitration Commission.In Shanghai(or in Beijing)for arbitration in actwith its sure of procedures.The arbitral award is final band binding upon both parties for setting the Dispute.Thefee,for arbitration shall be borne by the losing party unless otherwise awarded.
(15)Shipping advice must be sent to buyer within 2 days after shipment advising number of packages.gross&net weight,vessel name,Bill of Lading No.and date,contract No.Value.
The Seller:×××The Buyer:×××
ISSUE OF A DOCUMENTARY CREDIT
2011 NOV. 25 Logical Terminal GDPF
MTS700 Page 00001
Func JSRVPR1
UserHeader Service Code 103:
Bank Priority 113:
Msg User Ref. 108:
Info. From CI 115:
SequenceofTotal *27 : 1/1
Form ofDoc. Credit *40A: IRREVOCABLE
DoC. CreditNumber *20 : LRT0402457
Date oflssue 31C: 20111125
Expiry *31D: 20120110
Applicant *50 : A.B.C. CORP.
AKEKSANTERINK AUTO
P. O. BOX 9,FINLAND
Beneficiary * 59: SHANGHAIXINXIN TRADING CO.,LTD.
88,CHUNGSHAN ROAD E.1,SHANGHAI,CHINA
Amount *32B: Currency USD Amount 67500.00
Pos./Neg.Tol.(%) 39A: 05/05
Available with/by *41D: BANK OF CHINA
Draft at… 42C: SIGHT
Drawee 42D: METITA BANK LTD.,FINLAND
PartialShipments 43P: Allowed
Transshipment 43T: Allowed
LoadinginCharge 44A: SHANGHAI
ForTransportto ... 44B: HELSINKI
Shipment Period 44C: LATEST DEC 26th,2011
Descript. of Goods 45A:
TRANGLE BRAND 3U—SHAPE ELECTRONIC ENERGY SAVING LAMP,
TR—3U—A 110V 5W E27/B22 5000PCS USD2.50/PC
TR—3U—A 110V 7W E27/B22 5000PCS USD3.00/PC
TR—3U—A 110V 22W E27/B22 5000PCS USD3.80/PC
TR—3U—A 110V 26W E27/B22 5000PCS USD4.20/PC
CIF HELSINKIAS PER S/C 04SGQ468001 DD 15, Nov., 2011
Documents required 46 A:
+COMMERCIAL INVOICE IN 5 COPIES.
+PACKING LIST IN 5 COPIES.
+FULL SET OF 3/3 ORIGINAL CLEAN ON BOARD MARINE BILLS OF LADING,MADE OUT TO ORDER, MARKED“FREIGHT PREPAID”AND NOTIFY APPLICANT.
+GSP CERTIFICATE OF ORIGIN FORM A, CERTIFYING GOODS OF ORIGIN INCHINA,ISSUED BY COMPETENT AUTHORITIES.
+INSURANCE POLICY/CERTIFICATE COVERING RISKS F.P.A OF P.I.C.C. lNCLUDINGWAREHOUSE TO WAREHOUSE CLAUSE UP TO FINAL DESTINATION AT HELSINKI,FORAT LEAST 110 PCT OF CIF—VALUE.
+SHIPPING ADVICES MUST BE SENT TO APPLICANT WITHIN 2 DAYS AFTERSHIPMENT ADVISING NUMBER OF PACKAGES,GROSS & NET WEIGHT,VESSEL NAME, BILL OF LADING NO. AND DATE, CONTRACT NO., VALUE.
+BENEFICIARY'S CERTIFICATE CERTIFYING THAT ONE COPY EACH OFINVOICE, N/N B/L HAVE BEEN FAXED TO BUYER TO FAX NO. +1 [250] 8285155 WITHIN 3 DAYS AFTER SHIPMENT.
Addition Cond. 47 A:
IF BILLS OF LADING ARE REQUIRED ABOVE, PLEASE
FORWARD DOCUMENTS IN TWO MAILS ORIGINALS SEND
BY COURIER AND DUPLICATES BY REGISTERED AIRMAIL.
Details of Charges 71 B: BANK CHARGES EXCLUDING ISSUING
BANKS ARE FOR ACCOUNT OF BENEFICIARY.
Presentation Period 48 : DOCUMENTS TO BE PRESENTED WITHIN
15 DAYS FROM SHIPMENT DATE
Confirmation *49 : WITHOUT
Instructions 78 :
DISCREPANT DOCUMENTS,IF ACCEPTABLE, WILL BE SUBJECT TO A
DISCREPANCY HANDLING FEE OF USE 50.00 OR EQUIVALENT WHICH
WILL BE FOR ACCOUNT OF BENEFICIARY.
SPECIAL NOTE: A/C OF BENEFICIARY (UNLESS OTHERWISE STATED)
AT APPROPRIATE LIBOR RATE PLUS 1.00 PER CENT MARGIN.
Send To ReC. Info. 42 : THIS CREDITIS ISSUED SUBJECT TO
2007 REVISION,I.C.C. PUBLICATIONS
NO. 600
Trailer Order is
MAC: ID20750E
CHK: 5044662F74BC
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