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gns an FOB Hamburg contract, is he exporting or importing?Importing. FOB should be used with a named port of shipment, if Hamburg is the port of shipment, from the Chinese trader39。s risk will be transferred when the goods are loaded on board the vessel.6. What are the differences and similarities between CIP and CIF?Major similarities: a. The seller should contract and pay for the major carriage. b. The seller is not taking the risk of loss of or damage to the goods during the transportation, c. The seller must obtain insurance against the buyer39。 CIF requires the seller to arrange and pay for the ocean transportation and insurance against the buyer39。Chapter 2 International Trade Terms12345678910I. Multiple choicesBCACCDABCDII. True or false statementsTTFFTFFFFTIII. Explain the following terms1. shipment contractShipment contract is a contract using an Incoterm which indicates that the delivery happens at the time or before the time of shipment.2. symbolic deliverySymbolic delivery is a delivery situation in which when the seller delivers the buyer does not physically receive the goods. This kind of delivery is proved by the submission of transport document by the seller to the buyer.3. arrival contractArrival contract means a contract using an Incoterm which indicates that the delivery happens when the goods arrive at the destination.4. actual deliveryActual delivery refers to a delivery situation in which when the seller delivers the buyer does physically receive the goods.IV. Short questions1. Who pays for loading for shipment under FOB ?The seller.2. Who pays for unloading under CIF?The buyer.3. Compare and contrast FOB, CFR and CIF?Similarities: a. The seller39。s risk.4. What are the two types of trade terms concerning the transfer of risks?Shipment contract terms vs. arrival contract terms. Under shipment contract terms the seller39。s risk.Difference: a. CPT is applicable to any kind of transportation mode while CFR is only used for seaway or inland waterway transport, b. Under CPT the seller39。s perspective, he is importing.V. Case studies1. An FOB contract stipulated The shipment will be effected in March 2011. When the goods were ready on 10 March 201 l, the seller contacted the buyer for shipment details. The buyer faxed Please send the goods to the port for loading on 21 March. The vessel will depart on 22 March. The seller sent the goods to the port accordingly. However the nominated vessel did not turn up and the goods had to be stored in the warehouse at the port. On the night of 21 March a fire happened in the warehouse area and part of the goods was damaged. When the vessel arrived two days later the seller and the buyer had an argument about the settlement of the loss. The seller required the buyer to bear the loss caused by the fire, but the buyer believed that the vessel arrived within the shipment period and the loss occurred before the seller delivered the goods therefore the seller should bear the loss. Please provide your solution.析:1)首先案例中提到貨物發(fā)生了損失是由于貨物存放在碼頭倉庫期間發(fā)生火災(zāi)造成的。答題切入點:1)分析貨物受損原因?!@就說明貨物的質(zhì)量是合格的,而且是經(jīng)官方確認的。3. Under a CIF contract, the goods had been loaded on board the vessel according to the terms of the contract. Then the vessel departed. An hour later, the vessel struck a rock and sank. The next day the seller39。而相應(yīng)的,買方必須接受交貨,也就是買方必須接受賣方提供的相應(yīng)單據(jù)并履行相關(guān)支付的義務(wù)。如果答案是保險公司,則要求說明損失的風(fēng)險首先是由買方承擔的,在風(fēng)險屬于保險公司承保范圍內(nèi)的情況下,保險公司會對買方進行部分或全部的賠償。賣方既不承擔運輸途中的風(fēng)險,也不保證貨物是否能抵達目的港。答題切入點:1)CIF術(shù)語對雙方風(fēng)險及義務(wù)的劃分,點出“shipment contract”這一概念;2)解釋“arrival date”clause對合同性質(zhì)的改變。3)因此,賣方在此情況下不應(yīng)進行賠償,而是應(yīng)該協(xié)助買方向船方進行索賠。 b. it is not accepted by the offeree within the validity period or a reasonable period of time。 c. place and time of delivery。 export cost for foreign exchange : 5. 897 Export profit margin=[ Export revenue ( FOB ) Export cost ( FOB )]/ Export revenue (FOB) Export Cost for Foreign Exchange =[Export Cost in Local Currency]/[ Export Revenue in Foreign Currency]2. The price quoted by a Shanghai exporter was USD1 200 per M/T CFR Liverpool The buyer requested a revised FOB price including 2% mission. The freight for ShanghaiLiverpool was USD200 per M/T. To keep the export revenue constant, what would FOBC2% price be? FOBC2% Shanghai USD1 020. 41/M/T FOBC% = FOB/( 1 Commission)3. AC Company offered to sell goods at USD100 per case CIF New York. The importer requested a revised quote for CFRC5 %. The premium rate for insurance was % and markup for insurance was 10%. To get the same export revenue, what would AC39。war risk39。當Dee Inc.對報盤進行還盤,原來的報盤就自動中止了。8. X offered to sell goods to Y, Shipment within 2 months after receipt of L/C, offer valid if reply here 5 days. Two days later, Y cabled back, Accept your offer shipment immediately. X didn39。答題切入點:1)還盤的定義;2)報盤中止的因素;3)X可能有的各項選擇;4)X最可能選擇的做法及原因。 and 3 ) how should the more or less portion of the goods be priced.8. shipping marksShipping marks are a type of marking on the shipping packing. It quickens the identification and transportation of the goods and helps avoid shipping errors. International standard shipping marks are usually made up of four parts: 1) Consignee39。s sample, sale by buyer39。(1)答案:Yes,買方可以拒收貨物。(2)答案:Yes,如果我是賣方,我會與買方磋商,尋求買賣雙方都能接受的處理方法。否則單一的品質(zhì)指標難以達到,往往給賣方履行合同帶來困難。根據(jù)聯(lián)合國國際貨物銷售合同公約,如同時采用既憑樣品又憑規(guī)格買賣,則要求賣方交付的貨物的品質(zhì)必須既與樣品一致,又要符合合同所規(guī)定規(guī)格,要做到兩全其美,難以辦到,往往給賣方履行合同帶來困難。所以,當賣方理解為公噸,每噸為1 000公斤;而買方理解為長噸,每噸為1 016公斤是,這份合約下賣方實際交貨的數(shù)量與買方預(yù)期收貨數(shù)量的差別為160公噸[(1 016kg1 000kg)100 000=160 000kg = 160 metric tons]。因為計算重量的方法有毛重,凈重,公量等,而根據(jù)聯(lián)合國國際貨物銷售合同公約第五十六條,如果價格是按貨物的重量規(guī)定的,如有疑問,應(yīng)按凈重確定?;爻甭蕜t是指貨物(纖維材料)含水重量占貨物(纖維材料)干重的百分比。因此當賣方實際交貨的羊毛,因具有較強的吸濕性而其所含的水分高達33%是,買方也別無他法,只得按凈重(連帶33%的水分)計算付款。5. KH Company was exporting bicycles to the US. The contract stipulated, Packed in wooden case. Although the letter of credit stated, Packed in wooden case C. K. D. , the exporter packed the bicycles as usual (SKD). The i