國際貿(mào)易實務(wù)雙語示范課案例精選[全文]

1、國際貿(mào)易實務(wù)雙語示范課案例精選全文國際貿(mào)易實務(wù)（雙語）案例集山東工商學院中加學院國際貿(mào)易教研室2009-8Case11CIF or Not?Case2CFR &anip;Shipping NoticeCase3CFR &Goods QualityCase4The buyerdelays the sending of the vesselF0BlX/a>.5 Case5Damage caused by serious quality mistake 6by qualityclause8 Case7 The buyer refuses to take delivery

2、 because9 Case8 Damage caused by improper packing 10 Caseaddress indocumentary collection 11 Case 10 RefusalunderCase 6 Fraudof shortage9 Missingpayment underD/P 12【Case 11 A dispute caused by D/A13 Case 12 D/P changed into D/A14 【Case 13 Discrepancies in documents 1 15 Case 14 Discrepancies in docu

3、ments 2 16 Case 15 Discrepancies in documents 3 17 Case 16 Discrepancies in documents 4 18 Case 17 Discrepancies in documents 519 Case 18 Discrepancies in documents 6 20【Case 19 Dispute onpartial shipment23 Case 20Is it a right decision?24 Case 21 The issuing bank refuses to make payment25 Case 22 D

4、amage caused by early shipment26 Case 23uGumn or "Gum Rosin” ?27 Case 24 A quantity clause with 44aboutn28 Case 25 Trap clause 130 Case 26 Trap clause 231 Case 27 Whose fault is it?33 Case 28 Silence amount to acceptance?34 Case 29 A promise made to be brokenCase 1 CIF or Not?An import and expo

5、rt company Hin China signed with a Britishcompany D a contract on CIF basis, whereby company H exported some light industrial products to company D There were two special clauses in the contract: (1). "The goods must be shipped to a port in Britain fromShanghai in October 1996; the relevant L/C

6、 opened by company Dshould reach company Hby the end of August: company H mustguaranteethat the loaded vesselarrives at the destination not laterthanDecember 1(2) Shouldthe loaded vessel arrive at the portdestination later thanDecember 1, company D is entitled tocancel thebe returnedcontract If the

7、payment has been made at the time, it must to company D exactly the amount n After that, in the course ofclearing up contract files, a controversy arose in company H about the nature of this CIF contract Some people held the opinion that the contract was on CIF basis in spite of the two particular t

8、erms, giving following reasons: firstly, the contract was signed under the trade term of CIF, which indicated the nature of the contract; secondly, company D made such special requirements only to protect their benefits; thirdly, the contract provided payment by L/C, which was in accordance with CIF

9、 term* s characteristic of payment against documents Others believed that according to INCOTERMS 2000, the seller* s delivery obligations are fulfilled as long as the seller has completed shipment of goods at the appointed point and handed over to the buyer documents stipulated in the contract and s

10、o the seller is not required to guarantee the arrival of goods at the destination. Therefore, this contract was a false CIF contract, as it changed the nature of CIF term by taking physical delivery as a condition of fulfillment The contract must be renegotiated Finally, company H reached a common p

11、erception and got the two special clauses amended through negotiation with company D The contract was carried out smoothly.Analysis:Although the contract was concluded on CIF basis, it was not a genuine CIF contract This caseindicates the significance of CIF term' s sphere of application. The tw

12、o special clauses in the original contract not only contradicted withthe nature of CIF term, but also disagreed with the practices of international justice and arbitration.First, the original contract not only set a limit to the date of arrival, but also stipulated that the buyer was entitled to can

13、cel the contract or demand back the payment that had already been made Evidently, the restrictive date of arrival served not as the date of payment, but as a condition of payment Therefore, legally the contract was not a genuine CIF contract as it made physical delivery a condition of paymentSecond,

14、 under CIF terms, the risk of loss of or damage to the goods passes from the seller to the buyer when the goods have passed the ship' s rail at the port of shipment A contract that expands the buyer * s risk from the port of shipment to the port of destination is not a CIF contract According to

15、the provision in the original contract, company H was obligated to refund the payment in case of natural calamities or accidents during the course of delivering the goods, which evidenced that the seller assumed all the risks during the transportThird, under CIF terms, the buyer must make payment ag

16、ainst documents rather than against the arrival of the goods at the port of destination, provided that the seller has fulfilled his delivery obligations and presented the required documents As per the original contract, whether company H could receive the payment for goods or not depended on buyer *

17、 s receiving on schedule Although the seller might receive the payment by means of L/C, the payment would be taken back by the buyer if the goods could not duly arrive at the port of destination. Besides, company D could take advantage of relevant L/C clauses that are in accordance with those in the

18、 contract to deny the seller the payment for goods Company H could hardly make a claim for his rights under a normal CIF contract since this contract was the one "in name but not in realityn Case 2 CFR & Shipping NoticeAn import and export company in China signed an export contract with

19、 an importer in Marseilles, France on drawnwork tablecloth with an amount of USD80, 000, payment by D/P at sightOn the morning of January 8, 1997, the goods were all loaded onto the named vesse1. The export salesperson in charge of this contract got so busy that he did not remember to send the buyer

20、 the shipping advice until the next morning Unexpectedly, when the French importer went to the local insurance company to insure the goods, the latter had already learned that the ship suffered a wreck on January 9 and refused to underwrite the goods The French importer immediately sent a telex sayi

21、ng, uowing to your delayed shipping advice, we are unable to insure the goodsbecause the vessel has been destroyed in a wreck The loss of goods should be for your account At the same time, you should compensate our profit and expense losses which amount to USD8, 000. " Soon all the shipping doc

22、uments sent through the collecting bank were returned to theexport company, for the reason that the importer refused to take up the documents Being aregular client of the exporter* s, the French importer did not insist on claiming for compensation after the exporter explained his difficult situation

23、 and apologized for the whole thing However, the exporter should learn his lesson from this experienceAnalysis:1. Under CFR terms, all the risks, duties and expenses after goods' passing ship* s rail are normally borne by the buyer However, Incoterms 2000 provides that "the seller must give

24、 the buyer sufficient noticen Here the word usufficientn refers to both usufficientcontent and usufficientv time The latter means the seller must give the shipping notice in a timely manner toallow sufficient time for the buyer to effect insurance of the goods. The later the seller sends the shippin

25、g notice, the less time the buyer has to insure the goods In this case, the buyer' s failure to send the usufficient noticev led to his loss of both goods and money On the other hand, if theseller had informed the buyer immediately after shipping the goods, the buyer would have insured the goods

26、 in time at the local insurance company. In that case, the insurance company would have assumed its liability for compensation even if the accident had happened prior to the buyer * s effecting insurance as both the buyer and the insurance company were ignorant of the accident Thus, it can be seen h

27、ow important it is to send the shipping advice to the buyer in time under CFR terms That is why shipping advice is often referred to asu insurance noticen in trade practices2 When CFR terms or FOB terms are used in combination with payment by collection, the buyer may cover the goods against "s

28、eller' s interest riskn before exporting the goods to counteract the buyer * s failure to effect insurance or the buyer * s refusal to retire the documents Had the seller in this case covered the shipment against the said risk, the loss would have been somewhat mitigatedCase 3 CFR & Good

29、s QualityA French company imported a batch of wheat on CFR basis The contract provided that the landing quality of the goods should be taken as fina1. However, when the goods arrived at the destination, the import quarantine bureau detained the goods as they had found that the goods contained a grea

30、t deal of bacterium forbidden to enter the country. Unfortunately, the goods were consumed by a fire while in detainment A dispute broke out between the buyer and the sellerAnalysis:Under CFR terms, the buyer should bear all the risks after the goods have passed the ship* s rail and been loaded on b

31、oard However, should the seller be held responsible for any default before that point?In this case, it was the seller who should assume the risks The reason is that although this was a CFR contract, the seller breached it by delivering the goods which failed to meet the quality standard provided in

32、the contract This fundamental default has caused the detainment and then the loss of the goods Therefore, while the risks had been transferred to the buyer, the seller" s default returned the risks to the sellerOf course, under CFR contract, when the seller * s default is not fundamental, the b

33、uyer should bear all the risks for any loss of the goods at the port of destination. Meanwhile, the seller should make due compensation to the buyer as per the contract and relevant lawsCase 4 The buyer delays the sending of the vessel under FOBCompany A in China signed a contract on FOB basis to ex

34、port wheat to Company B in Africa It was contracted that shipment should be made in four lots The shipping clause ran as follows: "the vessel nominated by the buyer should reach the port of shipment within eight days before the date of shipment Otherwise, any of the seller* s loss or damage thu

35、s incurred shall be borne by the buyer n The contract also specified,"The buyer must give the seller a notice of vessel name and the estimated date of arrival by telecommunication five days before the vessel arrives at the port of shipment" During the course of fulfillment, the first three

36、 lots were shipped smoothly according to the contract However, the buyer was slow to send the vessel for the last shipment In reply to Company A' s repeated urges, company B said that they were unable to book shippingspace because of shipping company * s busy schedule and asked for postponing de

37、livery for two months Company A replied as follows:uaccording to the contract, you are bound to send the vessel to pick up the goods In case of any difficulties in this aspect, we may allow you to delay the shipment on condition that you make a compensation which amounts to USD200, 000. n Finally, t

38、he bargain of compensation was settled at USD150, 000 and company B was allowed todelay vessel sending for two monthsAnalysis:Under FOB terms, it is the buyer1 s obligation to arrange for delivering the goods With reference to INCOTERMS 2000, "the buyer must contract at his own expense for the

39、carriage of the goods from the named port of shipment ” It also provides that "the buyer must give the seller sufficient notice of the vessel name, loading point and required delivery time" If the buyer * s vessel fails to arrive at the port of shipment duly, or fails to accept the goods,

40、or stops loading ahead of the schedule specified in the contract, all the risks and loss of and damage to the goods are to be borne by the buyer as of the appointed date for delivering the goods or the expiry date of the time limitIt was learned later that during the implementation of the last shipm

41、ent, the international market price of wheat dropped drastically, which greatly influenced the sales of company B who then attempted to cancel the delivery of the last shipment by hanging it up. However, company A made good use of INCOTERMS explanation for FOB terms and protected its own interests t

42、hrough proper meansCase 5 Damage caused by serious quality mistakeAn export company in China concluded a deal on edible citric acid While delivering the goods, they mistook inedible citric acid for the edible kind Not until several days after the vessel1 s departure did they discover the mistake By

43、now, the relevant documents had already been sent by the negotiating bank To avoid severe consequences, the export company tried to withhold the documents at the post office, while, on the other hand, it urgently informed the ocean shipping agency to ask the agent in Hong Kong to intercept the goods

44、 when the ship called at the port Though an accident has been avoided, the export company has suffered a great lossAnalysis:It can be clearly seen in this case that the export company has severely violated the stipulations of relevant international conventions. CISG indicates that the seller must su

45、pply the goods of contracted quality; otherwise, the buyer is entitled to claim compensation or to reject the goods and cancel the contract It is a very serious fault for the export company to have mistaken inedible citric acid for the edible kind If the mistake had remained undiscovered, and theine

46、dible citric acid had been misused in food, serious consequences would have occurred While found out early, the mistake has caused great troubles in handling the matter and a consequent loss therefrom.There are two lessons to be drawn from the case:& A sound management system should be establish

47、ed Follow-ups are necessary to ensure that the goods are manufactured in accordance with the ordersb The personnel in charge should develop strong sense of responsibility If the personnel in charge had marked uediblen orufor industrial use" , the said accident could have been avoidedCase 6 Frau

48、d by quality clauseIn October 1997, a Chinese enterprise signed a sales contract with aHong Kong trading company. The contract prescribed that the buyer should order from the seller 5000 metric tons of castiron well cover on FOB basis at unit price USD610/MT The total amount reached USD3, 050, 000.

49、It was also provided in the contract that the goods should be shipped bimonthly in ten equal lots, 500 metric tons each lot The goods must be manufactured according to the sample provided by the buyer and must go through the buyer * s examination before acceptanceAccording to the quality clause, the

50、 surface of the casting should be smooth, and there must not be any casing defects such as cracks, air holes, sand holes, shrinkage holes, and slag inclusions etcThe contract also stipulated uthat the seller must pay a sum of caution money equal to 10% of the payment of the first delivery; the selle

51、r may take back the caution money within 5 days after the first delivery of 500 tons of goods have been found to meet the quality standard; the seller must ask the buyer to come to the place of origin to sample the goods and sign a quality confirmation document; the buyer has the right to reject the

52、 goods if they do not meet the quality requirement; without mutual agreement, neither party should terminate the contract unilaterally, otherwise all the economic losses thus incurred will be sustained by the party whoterminates the contract"The seller remitted the caution money of RMB250, 000

53、to the buyer immediately after signing the sales contract, and put in a lot of work and money to trial-produce the product as per the buyer * s pattern. After producing some samples, the seller telexed the buyer to inspect the samples as per the agreement so that the seller may start the mass produc

54、tion once the samples were recognized However, the buyer at first excused himself from coming with a busy schedule, and then proposed that the buyer ask the local commodity inspection office to conduct the inspection instead of the seller In order to obtain the quality confirmation for the timely de

55、livery of the goods, the seller had to accept the proposa1. When the quality inspectors came and checked the contract and the complementary agreement, they found that the word "smooth”appearing in the first clause of quality was a vague concept without any specific criteria, and that the hidden

56、 danger of the second clause was even greater The inspectors immediately realized that this was probably a fraud by means of quality clauses Having sealed up the sample for keeping, the inspectors asked the seller to urge the buyer to come round for inspection as provided in the contract, and told t

57、he seller not to produce on a large scale before obtaining the qualityconfirmation. However, the buyer did not come, but claimed in the reply that they were going to sue the buyer because the buyer had not produced the required products within the time limit provided in the contract and thus constit

58、uted a default Not until then did the seller completely wake up to the reality that the Hong Kong Company had not only swindled the caution money but also made a false counterchargeLater it was evidenced that the Hong Kong Company had defrauded several other trading companies on Chinese mainland With the help of the inspection office, the seller stopped the production to avoid further loss However, the caution money could not be recoveredAnalysis:This is a typical case of defraud in which the buyer took advantage of the evadable contract The so-called evadable