【正文】 g delivered on board at the port of shipment. After making the shipment, the seller gave the buyer timely notice. However, due to the long voyage, some grain went bad. At the destination, the grain could only be sold as Grade 3 . Consequently, the buyer claimed pensation for the damage. Should the seller pay?析：1)貨物在裝運(yùn)港已經(jīng)“officially certified as Grade One39。 CIF.9. Who is responsible for carrying out customs formalities for exports under an FOB contract?The seller. According to Incoterms 2010, except EXW and DDP these two terms, all the other eleven terms require the seller to handle the export customs formalities, while the buyer the import customs formalities.10. If a Chinese trader signs 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。 CIF requires the seller to arrange and pay for the ocean transportation and insurance against the buyer39。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 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(cāng)庫(kù)期間發(fā)生火災(zāi)造成的。’，這就說(shuō)明貨物的質(zhì)量是合格的，而且是經(jīng)官方確認(rèn)的。而相應(yīng)的，買(mǎi)方必須接受交貨，也就是買(mǎi)方必須接受賣(mài)方提供的相應(yīng)單據(jù)并履行相關(guān)支付的義務(wù)。賣(mài)方既不承擔(dān)運(yùn)輸途中的風(fēng)險(xiǎn)，也不保證貨物是否能抵達(dá)目的港。3)因此，賣(mài)方在此情況下不應(yīng)進(jìn)行賠償，而是應(yīng)該協(xié)助買(mǎi)方向船方進(jìn)行索賠。 c. place and time of delivery。war risk39。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。 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。(1)答案：Yes，買(mǎi)方可以拒收貨物。否則單一的品質(zhì)指標(biāo)難以達(dá)到，往往給賣(mài)方履行合同帶來(lái)困難。所以，當(dāng)賣(mài)方理解為公噸，每噸為1 000公斤；而買(mǎi)方理解為長(zhǎng)噸，每噸為1 016公斤是，這份合約下賣(mài)方實(shí)際交貨的數(shù)量與買(mǎi)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]?；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。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 invoice and shipping documents were marked C. K. D. . But at the port of destination, the customs imposed a severe penalty on the goods, and the buyer demanded pensation from the seller. Was the buyer entitled to the pensation?( C. K. D. : Completely Knocked Down, S. K. D. : Semi Knocked Down)析：本題的解題要點(diǎn)：導(dǎo)致買(mǎi)方被海關(guān)罰款的原因是單貨不符。答案：Yes，買(mǎi)方應(yīng)得到賠償。(2)答案：買(mǎi)方這筆交易不劃算。答題的切入點(diǎn)：1)數(shù)量規(guī)定不明確；2)不同度量衡制度下的“噸”表示的實(shí)際數(shù)量不同。表示品質(zhì)的方法很多，品質(zhì)條款應(yīng)視商品的特性而定，采取合理的品質(zhì)規(guī)定。在此情況下，買(mǎi)方有權(quán)利拒收貨物。 2) Destination。s L/C requiring immediate shipment. At this time, the market price of the goods went up by 20%. What options did X have to deal with Y?析：1)Y在兩天后的回復(fù)中雖然聲明接受報(bào)盤(pán)，但同時(shí)要求“shipment immediately”，這是對(duì)原報(bào)盤(pán)的船期“shipment within 2 months”進(jìn)行了修改，因此構(gòu)成了一個(gè)還盤(pán)，原報(bào)盤(pán)則被中止。s initial offer. Could Lee reject Dee39。s liability to the other。Chapter 3 Export Price 12345678910I. Multiple choicesBDDACDABDBII. True or false statementsFTFFFTTFFFIII. Explain the following terms1. inquiryAn inquiry is the act of a potential client asking for information from the counterpart to his intention in buying or selling a certain modity.2. offer An offer is a sufficiently definite proposal addressed to one or more specific persons for concluding a contract, necessarily indicating the intention of the offeror to be bound in case of acceptance.3. counteroffer A counteroffer is a reply to an offer which contains additions, limitations or other modifications.4. acceptance An acceptance is a statement made by or other conduct of the offeree indicating assent to an offer.IV. Short questions1. What are the four ponents of the standard form of a price? A code of currency, a number, a unit and a trade term.2. While making pricing decision, what major factors should be considered? When a seller is setting his export prices, the major factors he has to consider include cost, anticipated profit, capability of his target market, terms of payment, petition and relationship between the exporter and the importer.3. What are the differences and similarities between mission and discount? Similarities: Both mission and discount are used as incentive to promote transactions. Differences: a. Commission payment is an addup on top of the original price, while discount a reduction。但加上一條保證到岸時(shí)間的條款后，合同的性質(zhì)發(fā)生了變化：它變成了一個(gè)“arrival contract”。(2)答案：The buyer．答題切入點(diǎn)：CIF術(shù)語(yǔ)下風(fēng)險(xiǎn)轉(zhuǎn)移的情況。答案：No。3)Incoterms 2010有規(guī)定，買(mǎi)方有向賣(mài)方提供準(zhǔn)確、及時(shí)的裝船通知的義務(wù)，如果買(mǎi)方?jīng)]有履行該義務(wù)而導(dǎo)致了貨物受損，即使雙方?jīng)]有完成交貨，買(mǎi)方也要承擔(dān)相關(guān)損失。s risk will be transferred to the buyer when the goods are handed over to the first carrier nominated by the seller. Under CFR the seller39。s risk will