进出口实务与操作(英文版 李月菊)的一些概念和部分习题总结

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汇票{ bills of the exchange} An unconditional order in writing ,signed by a person(drawer)such as a buyer ,and addressed to another person(drawee),typically a bank, ordering the drawee to pay a stated sum of money to yet another person(payee),often the seller, on demand or at a fixed or determinable future time.

包装及标准（packing）The packing of the goods shall be preventive from dampness,rust ,moisture, erosion and shock, and shall be suitable for ocean transportation/multiple transportation. The Seller shall be liable for any damage and loss of the goods attributable to the inadequate or improper packing. The measurement, gross weight, net weight and the cautions such as” Do not stack up side down”, ”Keep away from moisture”, “Handle with care” shall be stenciled on the surface of each package with fadeless pigment.

质量保证(Quality Guarantee)The Seller shall guarantee that the commodity must be in conformity with the quality, specifications and quantity specified in this Contract and Letter of Quality Guarantee. The guarantee period shall be ___months after the arrival of the goods at the port of destination, and during the period the Seller shall be responsible for the damage due to the defects in designing and manufacturing of the manufacturer.

不可抗力（Force Majeure）The Seller shall not be responsible for the delay of shipment or non-delivery of the goods due to Force Majeure, which might occur during the process of manufacturing or in the course of loading or transit. The Seller shall advise the Buyer immediately of the occurrence mentioned above and within---days thereafter the Seller shall send a notice by courier to the Buyer for their acceptance of a certificate of the accident issued by the local chamber of commerce under whose jurisdiction the accident occurs as evidence thereof. Under such circumstances the Seller, however, are still under the obligation to take all necessary measures to hasten the delivery of the goods. In case the accident lasts for more than ---days the Buyer shall have the right to cancel the Contract.

争议的解决（Arbitration）Any dispute arising from or in connection with the Contract shall be settled through friendly negotiation. In case no settlement is reached, the dispute shall be submitted to China International Economic and Trade Arbitration Commission (CIETAC), Shenzhen Commission for arbitration in accordance with its rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties.

海运提单（Bill of lading）a bill of lading is a document issued by a carrier to a sipper(exporter/seller/consignor),signed by the captain, agent ,or owner of a vessel, furnishing written evidence regarding receipt of the goods(cargo), the conditions on which transportation is made(contract of carriage), and the engagement to deliver goods at the prescribed port of destination to the lawful holder of the bill of lading,

CIF、DEQ、CFR followed by port of destination EXW followed by point of origin

DDP、DDF followed by place of destination FOB followed by port of exportation

FAS followed by port of shipment DES followed by port of importation

FCA followed by named place in seller’s country

1The “Warrsaw-Oxford Rules1932… 3 FOB term in Incoterms 2000 is quite…

4In a CIR contract under Incoterms 2000… 2 When an international seller and buyer…

3The term” trade usage” refers to the customs…6The CISG requires that an acceptance…

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Purchase Contract

Contract No. : 98CFGHCN03

Date:

Signed at:

The Buyer: Tianjin Import ＆ Export Corporation, China

The Seller: ABC Electronics Co. Ltd, USA

The Seller and the Buyer agree to conclude this Contract subject to the terms and conditions stated bellow:

Name of Commodity: Electronic Product

Specification: Commodity No.44864---

Quantity: 1,000 pieces

Total Price: US S 5，000

Packing: Strong Wooden Cases

Shipping Mark: 98CFGHCN03

Insurance: Covered by Seller

Terms of Payment: The Buyer shall, 10 days prior to the time of delivery, open an irrevocable Letter of Credit in favor of the Seller.

Port of Loading: New York, US

Port of Destination: Xingang Tianjin

Time of Delivery: October 2005

Representative of the Buyer:

Representative of the Seller:

案例分析；

1 Buyer would be able to sue for breach of contract on the basis that a practice had been

established between the parties that Seller did not need to acknowledge the order and, in such case, the silence of Seller constituted acceptance of the offer.

2 1）CISG was applicable in this case sine the parties have their place of business in different states and each of their respective countries ( i.e. ,Canada, US and France ) have ratified

CISG( Art. 1(1)(a)CISG).

2) It invoked Arts.11, 14,18and 23 CISG and concluded that the oral agreements between the

buyer and the sellers were sufficient to create complete and binding contracts, since a contract of sale under CISG need not be concluded or evidenced by writing nor is subject to any other formal requirement, and the parties had agreed on the kind of goods, their quantity and their price.

3) It rejected the view that the invoices sent by the seller had become part of such contracts. It is true that under CISG, a contract may be modified or terminated by the mere agreement of the

parties (Art.29 (1) CISG).However, additional or different terms relating, inter alia, to the

settlement of disputes are expressly consi …… 此处隐藏：5785字，全部文档内容请下载后查看。喜欢就下载吧 ……