國(guó)際貿(mào)易法chapter23itlcontractlaws-閱讀頁
2025-02-23 22:40本頁面
【正文】 quantity to 160 tons, with other terms and condictions untouched. On Feb. 2nd, 1991, the respondent applied for remittance of total value of the contract, USD161,975. On Feb. 4th, 1991, the applicant effect of goods and the goods arrivedat the port of destination on Feb. 11th, 1991. The buyer accepted the goods and then canceled the remittance application. 1/24/2023 36Chapter 2 ITL Contract Laws Unit 3 Executing a ContractSo, the applicant did not have his money back and then stop handing over the goods.The respondent asked the applicant for damages for failing to hand over the balance goods and claimed that if the applicant agree to pay for the damages and the respondent will pay for the tons of goods.Q: Who should take the responsibility?1/24/2023 37Chapter 2 ITL Contract Laws Unit 3 Executing a ContractCase 4The applicant (the seller) signed a contract with the respondent (the buyer) for selling 200,000 sets of calculator parts on CIF Xiang Zhou, the total value being USD 370,000. Terms of payment: the buyer must open an irrevocable L/C for the amount of USD 50,000 before Mar. 8th, 1985, the balance must be opened as per the shipment. The seller must finish delivery befor Apr. 1985. Any claims concering the quality, quantity of the goods must be lodged within 60 days after arriving the port of destination and acpanied with inspection report made by Guangzhou Inspection Institute. 1/24/2023 38Chapter 2 ITL Contract Laws Unit 3 Executing a ContractAfter signing the contract, the respondent open the first L/C as required and the applicant effected shipment and was paid. But the applicant effected the second lot of the goods worth USD 92,500 without the opening of the relevant L/C by the buyer’s bank. The respondent failed to arrange for inspection within 60 days after the goods arrived at the port of destination but applied for inspection over the fabricated products to the Guangdong Inspection Bureau on Aug. 23th and Sep. 15th, 1985 respectively. And the result show that the unqualified goods accounted for % and % of the tow lots respectively and the unquanlification is caused by the unquanlified parts. So, the respondent refused to pay and asked for refundment.1/24/2023 39Chapter 2 ITL Contract Laws Unit 3 Executing a ContractThe applicant disagreed with the result and asked for reinspection. And the parties reached a new agreement that if the result of reinspection showed the goods was unquanlified, the applicant would refound the respondent, but if the result showed that the goods was quanlified, the respondent must pay the applicant. But the respondent failed to send the goods for inspection, and exported the goods.Q: Can the applicant have his money back? 一月 21一月 21Sunday, January 24, 2023雨中黃葉樹，燈下白頭人。 一月 2123:55:0423:55Jan2124Jan211故人江海別，幾度隔山川。 一月 21一月 2123:55:0423:55:04January 24, 20231他鄉(xiāng)生白發(fā)，舊國(guó)見青山。 。 2023/1/24 23:55:0423:55:0424 January 20231做前，能夠環(huán)視四周；做時(shí)，你只能或者最好沿著以腳為起點(diǎn)的射線向前。 一月 21一月 21Sunday, January 24, 2023很多事情努力了未必有結(jié)果，但是不努力卻什么改變也沒有。 一月 2123:55:0423:55Jan2124Jan211世間成事，不求其絕對(duì)圓滿，留一份不足，可得無限完美。 一月 21一月 2123:55:0423:55:04January 24, 20231意志堅(jiān)強(qiáng)的人能把世界放在手中像泥塊一樣任意揉捏。 。 2023/1/24 23:55:0423:55:0424 January 20231空山新雨后，天氣晚來秋。 一月 21一月 21Sunday, January 24, 2023閱讀一切好書如同和過去最杰出的人談話。 一月 2123:55:0423:55Jan2124Jan211越是無能的人，越喜歡挑剔別人的錯(cuò)兒。勝人者有力，自勝者強(qiáng)。 24 一月 202311:55:04 下午 23:55:04一月 211最具挑戰(zhàn)性的挑戰(zhàn)莫過于提升自我。 2023/1/24 23:55:0423:55:0424 January 20231一個(gè)人即使已登上頂峰，也仍要自
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