國際貿(mào)易實務(wù)第七單元-packing-資料下載頁
2025-08-15 23:46本頁面
【正文】 ow, in order to successfully export, we must understand and adapt to the special requirements of different state regulations, in order to reduce unnecessary trouble ? An Australian pany dealt with us in cotton for many years. One day they sent us a coat, saying that the coat was a sample made by a garment factory with our dyeing cloth under our export contract. It was said that the two sleeves of the sample coat had obvious difference, proving that the supply quality color of our end was bad and couldn’t be used. They requested to return all the garments sewn and make another delivery of the same quality and quantity as being stipulated in the contract. ? Question: ? So, how should we reply? Why? [Answer] We have nothing to do with the case and shall refuse pensation. Reasons are: (1) The contractor has delivered the cotton to the clothes vendors and that means an acceptance of our goods. Whoever has accepted the goods, the buyer has lost the right of return and requirements of the replacement goods. (2) Article 82 of the United Nations Convention on Contracts of the International Sales of Goods stipulates: if the buyer can not return the goods that is according to the actual receipt, he lost the right of return and requirements of the replacement goods. ? British Moore Company with the condition of CIF, bought from LanTuo pany 300 cases of canned fruit in Australia. The contract with a provision reads: “Packed in carton, 30 tins in each carton.” It was found that 150 cases that the seller delivered were 30 tins in each carton, the rest were 24 tins per box. The buyer refused the goods while the seller argued that 30 tins per box is not an important part of the contract, and with the quality, no matter it was 30 or 24 tins per box, it was correspond to the contract’s quality requirement, therefore, the buyer should accept. ? Question: ? Please analyse the case. [Answer] The law in some countries divides the sale into two categories, sale by sample and sale by illustration. The latter includes a very wide scope, not only involves goods quality issues, also including quantity, even in the contract on shipment, packaging and goods with the statement. According to the British business law, all the “explanation” items are the elements of the contract. If they are violated, the buyer is entitled to the rejection of the goods and may lodge a claim. In this case, the British law believes that packaging belongs to “explanation” part that is vital and since the seller made a breach of contract, the buyer had reasons to refuse all the goods, and also could accept the part fulfilling that are with the provisions and rejecting the rest and claim for damages. Exercise Please finish the exercise in the text book Case Study: Please read your case book
研究報告相關(guān)推薦
鄂ICP備17016276號-1