{国际贸易}国际贸易实务3TermsofCommodity

Chapter Three,Terms of Commodity,1,SEIB OF GDUFS,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,2,SEIB OF GDUFS,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 Issues concerning stipulating name in sales contract: being clear, specific& precise(rice) being practical (pure cotton T-shirts) adopting the widely accepted name (coke HS Code),3,SEIB OF GDUFS,4.2 Quality,Definition: refers to the intrinsic elements of commodities including the internal properties or ingredients as well as the external appearance.,4,SEIB OF GDUFS,4.2 Quality: ways of quality stipulation,5,SEIB OF GDUFS,4.2 Quality stipulation Sale by description,Specification comprise some important indicators such as composition, content, purity, length, size, etc. Example China Sesame Seed Moisture: 8% max. Admixture: 2% max. Oil content: 52% basis,6,SEIB OF GDUFS,Case1 芝麻规格案例,某外贸公司向德国出口一批芝麻，合同规定水分最高为15，杂志不超过3。成交后，我方按照合同规定的时间交货。货到德国后，买方经检验，出具了实际货物品质比合同规定的水分超过了7，结果我方赔偿了2000马克。,7,SEIB OF GDUFS,4.2 Quality stipulation Sale by description,Sale by grade 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,8,SEIB OF GDUFS,Case2 茶叶等级案例,中方某公司与国外某客商成交龙井茶一批，合同要求二级茶叶，卖方实际交货时发现二级茶叶库存已馨，便在未征得买方同意情况下，以一级茶叶抵充二级茶叶交货，并电告买方“一级茶叶仍按二级茶叶计价，不另外收费”。问：卖方这种做法是否妥当？为什么？,9,SEIB OF GDUFS,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,10,SEIB OF GDUFS,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 Tetracycline HCL Tablets (Sugar Coated) 250mg. B. P. 1973 China Northeast Soybean 2006 New Crop, F. A. Q: Moisture 15% max. Admixture 1% max.,11,SEIB OF GDUFS,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. 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.,12,SEIB OF GDUFS,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 Sony Televisions Haier Refrigerators Tigerhead batteries Panasonic Television, TH-42PV65C,13,SEIB OF GDUFS,4.2 Quality stipulation Sale by description,Sale by origin to use the name of the place of origin as the indication for quality (special local product ) Example West-lake Longjing Tea, Grade 1, Zhejiang Origin,14,SEIB OF GDUFS,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.,15,SEIB OF GDUFS,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 Teddy Bear Size 15, Quality as per Sample X071118A,16,SEIB OF GDUFS,4.2 Quality stipulation sale by sample,Sale by sellers sample made on the basis of the sample provided by the seller Sale by buyers 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 buyers sample,17,SEIB OF GDUFS,Case3 样品品质案例,我北方一外贸公司，某年5月份与新加坡商人达成一笔合同，我方出口一批大理石板，品质要求以买方提供样品为准，7月份交货。于是我方以最好的工艺，精加工一个样品交给对方确认。买方看到这样品时十分满意，觉得比以前看到的都要好。于是我方开始履行合同，但在大批量加工时发现，要是每一个产品品质均能达到样品水平十分困难，后经努力，终于交出一批货。到货后经检验不合格，买方提出索赔。经仲裁，以我方最终赔偿对方28000