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1、国际贸易实务(进出口)案例集（International Trade Practice (import and export)）The name, quality, quantity and packing of the first articleCase 1Brief introduction:The commodity name stipulated in the export contract is hand made writing paper. The buyer received the goods after the inspection found that the goods
2、 are part of the process for mechanical operation, and we provide all the documents are represented as manual manufacturing, according to the law should be unfair and excessive publicity, by the user returns, so that the importer suffered huge losses, we request compensation for. There are two reaso
3、ns: (1) the production process of the goods is basically manual, in the key process completely by Handmade; (2) the transaction is to look at the sample transactions by the buyer, and the actual quality of the goods is in conformity with the sample, so that the goods should be agreed with the qualit
4、y. After the mediation by the relevant parties, the two sides reached an understanding in the process of friendly consultations. For this, I would like to comment.Main points analysis:In the contract of this case, the method of making goods by hand is used to indicate the quality of the goods. It is
5、 a representation of buying and selling by description. From the laws and conventions of the various countries, the quality of the goods stipulated by the seller in accordance with the description and the quality of the goods delivered by the seller does not correspond with the contract description,
6、 then the buyer has the right to cancel the contract and claim damages. In this case, we fundamentally violate the quality specifications stipulated in the contract between the seller and the buyer, thus constitute the breach of the contract by the seller, and shall bear the responsibility of the go
7、ods to be delivered in accordance with the contract description.At the same time in the trade if the sample quality of the goods in the contract should expressly or impliedly made specific provisions, and the contract in this case is not specified in both the sample so the actual transaction, we say
8、 the goods in conformity with the sample can not be called a protest.In this case the transaction products may not use all Handmade in the actual business, should be marked basic hand writing paper in the contract, so the two sides dispute, fully consistent with the actual submission of product qual
9、ity.Case 2Brief introduction:For the purchase of 50 metric tons of goods by seller, the contract stipulates that the five specifications of A, B, C, D and E shall be in the same quantity. The Seller shall open the invoice in accordance with the contract, and the buyer shall pay against the invoice a
10、nd other documents. Upon arrival of the goods, all 50 metric tons of goods are found to be A specifications. The buyers only agree to accept the 1/5 of them, reject the rest of the 4/5, and require the goods to be returned to 4/5. The seller argued that the different specifications do not meet the c
11、ontract, only to give appropriate financial compensation, can not refuse, and can not refund. Then appeal to the court. How do you think the judge should decide? Whats the reason?Main points analysis:The judge should judge that the buyer has the right to reject the goods of 4/5 and require the selle
12、r to return the 4/5 payment, and may also require the seller to bear the liability for breach of contract.Because the main terms of the transaction specifications and quantity clause in the contract is the contract, the seller in violation of the provisions of the quality and specifications, in acco
13、rdance with the provisions of the Convention, is a fundamental breach of contract, damages to the buyer can reject the goods, but also can claim.In this case the contract requires the seller for the ABCDE five specification of the goods in accordance with the same number of collocation, but the sell
14、er will provide A goods of the same specification, specification of goods is a violation of regulations, the equivalent of all goods submitted only 1/5 in accordance with the contract, breach of contract quantity in clause.Case 3Brief introduction:The contract stipulates that canned fruit can be pac
15、ked in boxes and 30 tins per carton. According to the provisions of the contract the seller paid for the goods, but some of them are packed 24 to the total number of small, and listen to the goods, not the shortage. However, the packaging does not conform to the contract grounds to reject the entire
16、 shipment, the seller insisted the buyer shall accept all the goods, the reason is the location of the buyers notary confirmed: whether each box is installed to 24 or 30 to the market price of the same every listen. Then the lawsuit was brought on. In this regard, how do you think the judge should d
17、ecide? Based on what?Main points analysis:In accordance with the provisions of the Convention, the Sellers shall, in accordance with the contract stipulated quantity, quality specifications, delivery, and in accordance with the provisions of the contract packing or packing, if not in accordance with
18、 the provisions,The Seller shall bear the liability for breach of contract.Generally, the packing clause in the contract shall be a special agreement between the parties in respect of the quantity of each package for the purposes of the packing or packing materials. If both parties agree that the se
19、ller fails to pack the goods in accordance with the specified quantity, the buyer has the right to reject the goods, and in this case the buyer may refuse the whole lot of goods. However, the case is only agreed on the number of cases per box, generally believe that the seller is a general default,
20、so the buyer can only submit a claim, can not be packaged in line with the contract does not comply with the provisions of the whole batch of goods rejected.Case 4Brief introduction:An exporting company and a certain importer in China have sold 200 metric tons of a certain agricultural product at th
21、e FOB price of $500 per metric ton. The contract stipulates that the packing conditions are 25 new bales per two kilogram, and the payment by letter of credit in Dalian. The company documents the export and completed the settlement procedures. After the other call, said: the company to pay the goods
22、 less tare actual delivery of less than 200 tonnes, calculate prices according to the weight, return because of the short amount of extra cost. Our company refuses to refund the price on the basis of the net value stipulated in the contract.Requirement: analyze the feasibility of the companys practi
23、ces and explain the reasons.Main points analysis:Our refusal to refund is incorrect. Because, according to the Convention, the net weight shall be used as the weight standard of the goods, if the gross or net weights are not specified in the contract. Our actual delivery is less than 200 metric tons
24、 and should be refunded to the excess.Case 5Brief introduction:A production company to the United States produced 3000 bicycles, the provisions of the contract in black, dark green, blue lake the 1000 vehicles no partial shipment shipped, discovered the green stock only 950 cars, then black car 50 p
25、lace, ask no questions?Main points analysis:We use the black bike for the green, may cause other refuse and claim because the goods belong to the goods color specifications, according to the provisions of the Convention, if the seller violates the specification of goods, which belongs to the serious
26、 breach of contract damages to each other not only can terminate the contract and claim.Case 6Brief introduction:A transaction contract prescribed by our old double jute bags when loading, due to lack of this sack itself for a new single gunny, did not require the other party to pay an additional fe
27、e, but the other party that our packing inconsistent provisions against us. May I ask whether the party is reasonable or not?Main points analysis:The other sides request is reasonable. Where the packing provided is not in accordance with the packing method stipulated in the contract, it is a breach
28、of contract, and the other party may lodge a claim thereon.Case 7Brief introduction:I am a domestic unit to a number of British exports of soybean, the provisions of the contract of water up to 14%, the impurity does not exceed 2.5%, before closing the party had sent samples to the buyer, after cont
29、racting party and advise the buyers of the transaction of goods and samples are similar, when the goods after arriving in the UK, the buyer of goods are not in conformity with the sample, and show the inspection certificate of the corresponding proof of the quality of the goods is 7% lower than the
30、sample, and thus require us to compensate the loss of 15000 pounds, I would like to ask: in this case, we can not deal with the sale by sample grounds without a claim?Main points analysis:In the event of a sample transaction, the goods delivered by the seller must be in conformity with the sample su
31、pplied, otherwise the buyer has the right to reject the claim and lodge a claim. In this case, the transaction before I send samples without other statement is a reference sample, the standard sample, but has the legal effect of the us to the transaction is not the sale of samples on the grounds are
32、 not claims.Case 8Brief introduction:China A has sold a batch of agricultural products to B foreign merchants. Before the transaction, the company sent the sample to the foreign merchant. When signing the contract, the specific specifications of the goods are stipulated in the contract quality claus
33、e. After signing the contract, the seller handling personnel and take the initiative to advise the buyers, confirm the commodity and similar samples. Before the goods were shipped, the China Import and export commodity inspection and Quarantine Bureau carried out the inspection and issued the certif
34、icate of quality specification. But after the goods have been delivered to the destination, the buyer thinks,The quality of the goods is lower than the sample, and the price is required to be reduced. The seller believes that the contract does not specify the kind of transaction, and the goods submi
35、tted by inspection in accordance with the agreed specifications, it does not agree to reduce the price. So please buy convenient local inspection institutions, issued a 7% lower than that of sample delivery quality, and put forward a claim on the exclusions. Since the dispute has not been stipulated
36、 in the contract, the two parties fail to reach an arbitration agreement, and the buyer shall invite the arbitration institution of China to assist in settling the dispute. In view of the signing of the contract, the seller sent the sample to the buyer. After signing the contract, the seller also vo
37、luntarily confirmed that delivery is similar to the sample and the storage sample has been lost. Therefore, under the coordination of the arbitration institution, the Seller shall compensate the buyer for the quality difference and settle the case.What do you think the reason the Chinese arbitration
38、 organization will handle this way? What lessons should we draw?Main points analysis:Although the two sides in the contract did not explicitly use the sample delivery as the basis of quality, but the transaction process, our company sent A to the other samples, and clearly inform the other delivery
39、quality and similar samples, the two sides have in fact formed on the basis of the quality of the goods sold for delivery quality.The quality of agricultural products is the fluctuation of the product, although we use quality latitude corresponding to the quality of goods, but the turnover of goods
40、and samples similar standards set by a relatively vague, does not require maneuver relative, and other commodity inspection agencies monitoring our actual delivery than the sample quality low 7%, belong to a substantial discrepancy, and at the same time we did not retain samples. Therefore, the actu
41、al delivery and samples are different, belong to the delivery of goods quality defects, constitute a breach of contract, arbitration institutions have reason to do the above results.Case 9Brief introduction:At the beginning of March 2003, Shandong, a township enterprise and country A M trading compa
42、ny signed a contract to export roasted peanuts. The contract stipulates that the quantity of export shall be 40 tons, packed in cartons, 10 bags each, and 450 grams per bag. The provisions of the contract, the payment of credit at sight, delivery time for the year before April 30th, the port of dest
43、ination is A S in Hong kong. Because M trading company was not satisfied with the inner packing bag of the goods, they thought it was too rough and the pattern was not ideal, so they decided to use their own packing bag when signing the contract. Therefore, in the contract packing clause comes with
44、a sentence: the inner packing is supplied by the A side.After the signing of the contract, we will seize the time to organize the processing, while urging the A side to pay attention to the delivery of packaging bags. The Chinese finished processing the goods in April 15th and only waited for the A
45、packaging bags to be in place, but the A packaging bags were still absent. After repeated requests from China, the inner packing provided by A finally arrived in April 24th. China immediately organized the bagging packing, but the goods finally failed to catch up with the 28 schedule, the Chinese ca
46、ll A company in 28, noted that due to the A company in the packaging bags late, led the Chinese company cannot deliver the goods on time, thus requiring the delivery period to May 15th.On the 29 day, the other party called back and said, because your delay in delivery has become a fact, we cannot ag
47、ree with your statement that the late shipment was caused by us. But we are considering the actual difficulties of your request, the Chinese company that 10% reduction in price, or refuse delivery. After receiving the letter from the other party, the Chinese processing factory negotiated with the ot
48、her side, and the other side made concessions and agreed to the delivery date. Before May 15th, the price of the Chinese side was reduced by 8%. Taking into account the fact that the goods had been delayed and the goods were ready, the market continued to fall and there was no alternative but to agr
49、ee to the other sides demands. Try to analyze the causes of disputes.Main points analysis:In this case, the delay in delivery is due to the delay in the delivery of the agreed packing by the buyer. In general, the packing of the goods is provided by the seller, and the buyer shall provide or bear the relevant charges if the buyer has specia