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1、International Trade Practice 国际贸易实务,Chapter 2,Quantity, Quality and Packaging of Commodity 商品的品质、数量和包装,2.1 Quality of Commodity 商品的品质,Description of Commodity and Its Significance 商品的品名及其意义 Significance of Stipulating the Description of Commodity 列明品名的意义 The description of commodity is actually a le
2、gal definition of the subject matter in the transaction. Terms of quality, quantity and the delivery time are defined as the terms and conditions in Anglo-American Contract Law. Breach of contract is divided into breach of conditions and breach of warranty, which have different legal consequences.,2
3、.1 Quality of Commodity 商品的品质,Description of Commodity and Its Significance 商品的品名及其意义 Points for Attention in Stipulating Description of Commodity Clause 规定品名条款注意事项 In the description of commodity clause of the sales contract, the stipulation of the commodity must be precise and specific. Make a rea
4、listic stipulation based on the goods, avoid exaggeration about the commodity.,2.1 Quality of Commodity 商品的品质,Description of Commodity and Its Significance 商品的品名及其意义 Points for Attention in Stipulating Description of Commodity Clause 规定品名条款注意事项 Adopt international common terms as practical as possib
5、le. Pay attention to the appropriate choice of commodity name.,2.1 Quality of Commodity 商品的品质,Quality of Goods 商品的品质 Definition of Quality of Goods 品质的定义 The quality of goods is the integration of the intrinsic attributes and the outer forms or shapes of goods. Significance of Quality of Goods 品质的重要
6、性 Quality of goods not only refers to the value of use and the value of the commodity, but also affects the market price and marketability of the commodity, involving the relevant corporate and even a countrys reputation.,2.1 Quality of Commodity 商品的品质,Quality of Goods 商品的品质 Quality Requirements 对品质
7、的要求 ISO9000 Standard ISO9000标准 ISO14000 Environmental Standards ISO14000环境保护标准 CE Mark CE标志 UL Mark UL标志,2.1 Quality of Commodity 商品的品质,Methods of Stipulating Quality of Goods 表示品质的方法 Sale by Actual Commodity 凭实物表示品质 Sale by Inspection 看货买卖 Sale by Sample 凭样品买卖 Concept 概念 Two Basic Requirements for
8、Sale by Sample Types 种类 Points for Attention in Sale by Sample 凭样品买卖应注意的事项,2.1 Quality of Commodity 商品的品质,Methods of Stipulating Quality of Goods 表示品质的方法 Sale by Description 凭文字说明表示商品的品质 Sale By Specification 凭规格的买卖 Sale by Grade 凭等级的买卖 Sale by Standard 凭标准的买卖 Sale by Specifications and Illustration
9、s 凭说明书和图样买卖 Sale by Brand Name or Trade Mark 凭商标或品牌的买卖 Sale by Product Origin 凭产地名称的买卖,2.1 Quality of Commodity 商品的品质,Points for Attention When Signing Commodity Quality Clause 签订品质条款的注意事项 Quality Tolerance 品质公差 Definition 定义 The tolerance that is recognized internationally such as manufactured good
10、s like watch which is allowed a quality tolerance within 60 seconds per day.,2.1 Quality of Commodity 商品的品质,Points for Attention When Signing Commodity Quality Clause 签订品质条款的注意事项 Quality Tolerance 品质公差 Points for Attention 注意事项 The buyer should not require returning goods and compensation within the
11、 range of quality tolerance. 在公差范围内，买方不得要求退货和赔偿。 Within the range of quality tolerance, price adjustment is not allowed. 在公差范围内不得调整价格。 The quality tolerance is used in terms of industrial manufactured goods. 针对工业制成品而言。,2.1 Quality of Commodity 商品的品质,Points for Attention When Signing Commodity Qualit
12、y Clause 签订品质条款的注意事项 Quality Tolerance 品质公差 Definition 定义 The tolerance that is recognized internationally such as manufactured goods like watch which is allowed a quality tolerance within 60 seconds per day.,2.1 Quality of Commodity 商品的品质,Points for Attention When Signing Commodity Quality Clause 签
13、订品质条款的注意事项 Quality Latitude-in terms of bulk agricultural byproducts, metals and minerals 品质机动幅度 针对大宗农副产品、五金矿产品 A certain deviation is allowed in the quality clause 对品质的规定，允许有一定差异 Method of Stipulating Quality Latitude 规定品质机动幅度的方法 To stipulate more or less allowance To stipulate “max” or “min” To st
14、ipulate a certain scope,2.1 Quality of Commodity 商品的品质,Points for Attention When Signing Commodity Quality Clause 签订品质条款的注意事项 Quality Latitude-in terms of bulk agricultural byproducts, metals and minerals 品质机动幅度 针对大宗农副产品、五金矿产品 Commodity price can be adjusted within the range of quality latitude 品质机动
15、幅度范围内价格可以调整。 Fix the price according to the quality and stipulate “Price Adjustment Clause Relating to Quality”. Adopt discount price when the quality is below the stipulation of the contract.,2.2 Quantity of Goods 商品的数量,Significance of Stipulating Quantity of Goods 约定商品数量的意义 Quantity clause is also
16、 one of the essential terms and conditions in a contract. British Sale of Goods Act 1893 (1993 Revision) provides, “If the quantity delivered by the seller is greater than the amount stipulated in the contract, the buyer is entitled to reject the goods excessive in quantity, or he may reject the who
17、le lot.”,2.2 Quantity of Goods 商品的数量,Measurement Units 计量单位 To Calculate by Weight 按重量计量 1 metric ton (metric system) = 1 000 kg 1 long ton (British system) = 1 016 kg 1 short ton (U.S. system) = 907 kg To Calculate by Number 按数量计算 piece, pair, set, dozen, roll, ream, gross, bag, bale,2.2 Quantity o
18、f Goods 商品的数量,Measurement Units 计量单位 To Calculate by Length 按长度计算 cloth, rope, etc., e. g. meter, foot, yard To Calculate by Area 按面积计算 glass, carpets, leather etc., e. g. square meter, square foot, square yard,2.2 Quantity of Goods 商品的数量,Measurement Units 计量单位 To Calculate by Volume按体积计算 woods, nat
19、ural gas, chemical gas, etc, e.g. cubic meter, cubic foot To Calculate by Cubage 按容积计算 grains, liquid cargo, alcohol, oils, etc., e.g. Liter, gallon,2.2 Quantity of Goods 商品的数量,Calculating 度量衡 Because different countries have different systems of calculating units, the same measurement unit may indi
20、cate different quantity. The main systems comprise metric systems, British system, U.S. system, International System of Units (SI).,2.2 Quantity of Goods 商品的数量,Methods of Calculating Weight 计算重量的方法 Gross Weight 毛重 Gross weight is the sum of total weight of the commodity itself and the package weight
21、. Net Weight 净净重 Gross for Net 以毛作净 Net Weight 净重,2.2 Quantity of Goods 商品的数量,Points for Attention in Stipulating Quantity Clause in Import and Export Contracts 在进出口合同中规定数量条款的注意事项 Quantity clause includes quantity and measurement of the traded commodities. If the quantity is calculated by weight, th
22、e clause should also contain the method of calculating weight such as gross weight, net weight, conditioned weight, etc.,2.2 Quantity of Goods 商品的数量,Points for Attention in Stipulating Quantity Clause in Import and Export Contracts 在进出口合同中规定数量条款的注意事项 Concept of More or Less Clause 溢短装条款的概念 The buyer
23、 and seller stipulate in a sales contract that the seller is allowed to deliver the goods within a certain percentage of more or less than the contracted quantity. E.g. Zinc ingot: 1000 metric tons, with 5% more or less (namely, between 9500 metric tons and 10500 metric tons),2.2 Quantity of Goods 商
24、品的数量,Points for Attention in Stipulating Quantity Clause in Import and Export Contracts 在进出口合同中规定数量条款的注意事项 Content of More or Less Clause 溢短装条款的内容 The Range of Quantity Difference 溢短装的幅度 Right of Choice Relating to Quantity Difference 机动幅度的选择权 Pricing Approach 作价办法,2.3 Packaging of Goods 商品的包装,Signi
25、ficance of Packaging 包装的重要意义 Packaging is a continuation of the commodity production. The vast majority of goods can only go into circulation to realize its use value and value after packaged. packaging is of great importance to protect, glorify, promote commodities and plays a significant role in s
26、torage, transportation, sale and the use of the goods.,2.3 Packaging of Goods 商品的包装,Transport Packaging 运输包装 Transport packaging is also called giant packing or outer packing. It is used mainly to keep the goods safe, facilitate the transportation, storage, identification and count, reduce freight a
27、nd cut costs.,2.3 Packaging of Goods 商品的包装,Transport Packaging 运输包装 Shipping Marks 运输标志 Definition 定义 Shipping marks refer to the diagrams, words and figures which are written, printed and brushed on the outer package, with the function to identify the goods in the process of transporting, loading a
28、nd unloading, storage, customs clearance and handover in international trade. 2. Composition of a Standard Shipping Mark 一个标准唛头的组成 3. The Legal Sense of Shipping Marks 运输标志的法律意义,2.3 Packaging of Goods 商品的包装,Transport Packaging 运输包装 Shipping Marks 运输标志 2. Composition of a Standard Shipping Mark 一个标准唛
29、头的组成 Initials or abbreviations of the consignees name Reference number (contract number, order number, credit number) Destination 目的港（地） Number of package (piece number) 件数号码（件号） E.g. B.B.C 2007wf208m007 London C/No.1-1000 3. The Legal Sense of Shipping Marks 运输标志的法律意义,2.3 Packaging of Goods 商品的包装,T
30、ransport Packaging 运输包装 Shipping Marks 运输标志 3. The Legal Sense of Shipping Marks 运输标志的法律意义 In accordance with the laws in some countries, the shipping marks agreed by both parties in the contract are part of the commodity instructions.,2.3 Packaging of Goods 商品的包装,Transport Packaging 运输包装 Indicative
31、 Marks 指示性标志 Indicative marks are remarkable diagrams and words printed on the outer packing of the commodity which is fragile, delicate or perishable,2.3 Packaging of Goods 商品的包装,Transport Packaging 运输包装 Warning Marks 警告性标志 also called hazardous marks, refer to noticeable diagrams and words printed
32、 on the outer packing of dangerous goods that are flammable, explosive, toxic, radioactive and so on.,2.3 Packaging of Goods 商品的包装,Sales Packaging 销售包装 Requirements for Sales Packaging 对销售包装的要求 1. Easy to display 便于陈列 2. Easy to identify 便于识别 3. Easy to carry and use 便于携带和使用 4. Artistically attracti
33、ve有艺术的吸引力,2.3 Packaging of Goods 商品的包装,Sales Packaging 销售包装 Classifications of Sales Packaging 销售包装的分类 designed with various packaging materials, different structures and styles divided into hanging packaging, stacked packaging, portable package, easy-open packaging, spray packaging, set packaging,
34、gift packaging and reusable package.,2.3 Packaging of Goods 商品的包装,Sales Packaging 销售包装 Classifications of Sales Packaging 销售包装的分类 designed with various packaging materials, different structures and styles divided into hanging packaging, stacked packaging, portable package, easy-open packaging, spray
35、 packaging, set packaging, gift packaging and reusable package.,2.3 Packaging of Goods 商品的包装,Sales Packaging 销售包装 Instructions and Signs on Sales Packaging 销售包装上的标志和说明 Decoration 装潢 Verbal Instructions 文字说明 Labels on the Package 包装上的标签 Bar Code 条形码,2.3 Packaging of Goods 商品的包装,Sales Packaging 销售包装 N
36、eutral Packing and Brand Designated by the Buyer 中性包装和定牌 Neutral Packing 中性包装 marked with neither country of origin, name and address of the manufacturer nor trademarks or brand names,2.3 Packaging of Goods 商品的包装,Sales Packaging 销售包装 Neutral Packing and Brand Designated by the Buyer 中性包装和定牌 Brand De
37、signated by the Buyer 定牌生产 Brand designated by the buyer refers to the packing of the goods which should be packed with the trademarks and brands provided by the buyer. Eg. supermarkets, large department stores, specialized stores, chain stores Means of Commissioning,2.3 Packaging of Goods 商品的包装,Sal
38、es Packaging 销售包装 Neutral Packing and Brand Designated by the Buyer 中性包装和定牌 Points for Attention in Stipulating Packaging Clause 规定包装条款应注意的问题 Ambiguous expressions should be avoided The seller should adopt appropriate package,Case study,Case 1: A certain trade company of China exported a batch of ca
39、nnabis to Germany. It is specified in the contract that: moisture, 15% max; admixtures, 3% max. But we have sent the sample to the buyer before the transaction is concluded. We also telephoned the buyer that the delivered goods are similar to the sample after contracting. After the goods arriving in
40、 Germany, the buyer provided an inspection certificate stating that the quality of the goods is lower than that of the sample by 7%, and according to this, they also claimed for 600 pounds as the compensation against the losses. Could we ignore the claim for the reason that the deal was not conducte
41、d based on sale by sample?,Case study,Case 1: Analysis In this case, it was a sale both by sample and by description, so that the seller was in a very passive situation. If we can use one method to indicate the quality of goods, we do not adopt two. Originally, the delivered goods are up to standard
42、, but it also required that the quality should be equal to the sample, which leads to the breach of contract. Case revelation: As to agricultural products such as ginseng, cannabis and so on, it is advisable to illustrate the quality of goods by scientific indicators rather than sale by sample.,Case
43、 study,Case 2: A certain trade company of China has exported several batches of wool textiles to a country in the Middle East. When the goods arrived, the buyer received one by one, without raising any objections. But a few months later, the buyer sent a set of clothing made by the wool textiles, cl
44、aiming that there is an obvious color shading of the clothing made by our products and it is difficult to put into the market, thus filing a claim for compensation. How to solve this problem?,Case study,Case 2: Analysis (1) According to international practice, once the textiles cut, the buyer cannot
45、 return the goods. In this case, the importer has sold the goods to garment factories, and the textiles have already been made into the clothing, indicating that the importers have accepted our goods. Since the form of the goods has been changed, it is unreasonable for the importer to return the goo
46、ds and lodge a claim.,Case study,Case 2: Analysis (2) In the Article 82 of “United Nations Convention on Contracts for the International Sale of Goods“, it stipulates that the buyer loses the right to declare the contract void or to require the seller delivering substitute goods if it is impossible
47、for him to make restitution of the goods substantially in the condition in which he received them.,Case study,Case 3: A Chinese export company exported apples to the abroad, both the contract and credit stipulated that the apple should be Grade Three. But only when the seller made the shipment, they
48、 found the stock of third-grade apples run out, so the seller sent the second-grade apples instead and noted on the invoice that “Apples of Grade Two sold at price of Grade Three”. Do you think whether it is appropriate for the exporter to replace the inferior by the superior and keep the price fixe
49、d as before?,Case study,Case 3: Analysis Selling superior as inferior is also regarded as a breach of contract. In this case, if the third-grade apples are in short supply, we should ask the buyer for advice to choose substitutes, otherwise, it still constitutes a breach of contract. If the market is in the poor situation, the other party can reject the goods and claim for compensation.,Case study,Case 4: A certain trade company of China exported 1000 fans to America. Partial shipments are not allowed according to the cre