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1、Chapter 2 International Trade Terms12345678910I. Multiple choicesBCACCDABCDII. True or false statementsTTFFTFFFFTIII. Explain the following terms1. shipment contractShipment contract is a contract using an Incoterm which indicates that the delivery happens at the time or before the time of shipment.
2、2. symbolic deliverySymbolic delivery is a delivery situation in which when the seller delivers the buyer does not physically receive the goods. This kind of delivery is proved by the submission of transport document by the seller to the buyer.3. arrival contractArrival contract means a contract usi
3、ng an Incoterm which indicates that the delivery happens when the goods arrive at the destination.4. actual deliveryActual delivery refers to a delivery situation in which when the seller delivers the buyer does physically receive the goods.IV. Short questions1. Who pays for loading for shipment und
4、er FOB ?The seller.2. Who pays for unloading under CIF?The buyer.3. Compare and contrast FOB, CFR and CIF?Similarities: a. The seller's risk will be transferred to the buyer when the goods are loaded on board, b. The seller is responsible for export customs formalities while the buyer is respons
5、ible for import customs formalities, c. The buyer is responsible for unloading the goods at the port of destination, d. All three terms can only be used for waterway transportation.Differences: a. FOB requires the buyer to arrange and pay for the ocean transportation; CFR requires the seller to arra
6、nge and pay for the ocean transportation; CIF requires the seller to arrange and pay for the ocean transportation and insurance against the buyer's risk.4. What are the two types of trade terms concerning the transfer of risks?Shipment contract terms vs. arrival contract terms. Under shipment co
7、ntract terms the seller's risk will be transferred to the buyer before the goods depart from the place/port of shipment. Under arrival contract terms the seller will bear the risk of the goods until the goods arrive at the destination.5. What are the differences and similarities between CPT and
8、CFR?Major similarities: a. The seller should contract and pay for the major carriage. b. The seller is not taking the risk of loss of or damage to the goods during the transportation.Difference: a. CPT is applicable to any kind of transportation mode while CFR is only used for waterway transport, b.
9、 Under CPT the seller's risk will be transferred to the buyer when the goods are handed over to the first carrier nominated by the seller. Under CFR the seller's risk will be transferred when the goods are loaded on board the vessel.6. What are the differences and similarities between CIP an
10、d CIF?Major similarities: a. The seller should contract and pay for the major carriage. b. The seller is not taking the risk of loss of or damage to the goods during the transportation, c. The seller must obtain insurance against the buyer's risk.Difference: a. CPT is applicable to any kind of t
11、ransportation mode while CFR is only used for seaway or inland waterway transport, b. Under CPT the seller's risk will be transferred to the buyer when the goods are handed over to the first carrier nominated by the seller. Under CFR the seller's risk will be transferred when the goods are l
12、oaded on board the vessel.7. If you trade with an American, is the sales contract subject to Incoterms without any doubt? What should you do?No. The Revised American Foreign Trade Definitions 1941 is still in use, especially in the North American area. It has different interpretation about some trad
13、e terms. The traders should clarify the choice of rules before any further discussion.8. What are the most commonly used trade terms?FOB, CFR & CIF.9. Who is responsible for carrying out customs formalities for exports under an FOB contract?The seller. According to Incoterms 2010, except EXW and
14、 DDP these two terms, all the other eleven terms require the seller to handle the export customs formalities, while the buyer the import customs formalities.10. If a Chinese trader signs an FOB Hamburg contract, is he exporting or importing?Importing. FOB should be used with a "named port of sh
15、ipment", if Hamburg is the port of shipment, from the Chinese trader's perspective, he is importing.V. Case studies1. An FOB contract stipulated "The shipment will be effected in March 2011." When the goods were ready on 10 March 201 l, the seller contacted the buyer for shipment
16、details. The buyer faxed "Please send the goods to the port for loading on 21 March. The vessel will depart on 22 March." The seller sent the goods to the port accordingly. However the nominated vessel did not turn up and the goods had to be stored in the warehouse at the port. On the nigh
17、t of 21 March a fire happened in the warehouse area and part of the goods was damaged. When the vessel arrived two days later the seller and the buyer had an argument about the settlement of the loss. The seller required the buyer to bear the loss caused by the fire, but the buyer believed that the
18、vessel arrived within the shipment period and the loss occurred before the seller delivered the goods therefore the seller should bear the loss. Please provide your solution.析:1)首先案例中提到貨物發(fā)生了損失是由于貨物存放在碼頭倉(cāng)庫(kù)期間發(fā)生火災(zāi)造成的。2)賣方之所以會(huì)把貨物存放在碼頭倉(cāng)庫(kù)是因?yàn)橘I方指定的船只在約定時(shí)間沒(méi)有出現(xiàn)。3)Incoterms 2010有規(guī)定,買方有向賣方提供準(zhǔn)確、及時(shí)的裝船通知的義務(wù),如果買方?jīng)]有
19、履行該義務(wù)而導(dǎo)致了貨物受損,即使雙方?jīng)]有完成交貨,買方也要承擔(dān)相關(guān)損失。答案:買方應(yīng)該承擔(dān)損失。答題切入點(diǎn):1)分析貨物受損原因。2)根據(jù)2010年國(guó)際貿(mào)易術(shù)語(yǔ)解釋通則買方在提供裝運(yùn)通知方面的義務(wù)。3)解釋提供裝運(yùn)通知與完成交貨風(fēng)險(xiǎn)轉(zhuǎn)移之間的關(guān)系。2. A contract to sell grain used a CFR term. The grain was officially certified as Grade One at the time of being delivered on board at the port of shipment. After making the s
20、hipment, the seller gave the buyer timely notice. However, due to the long voyage, some grain went bad. At the destination, the grain could only be sold as "Grade 3 ". Consequently, the buyer claimed compensation for the damage. Should the seller pay?析:1)貨物在裝運(yùn)港已經(jīng)“officially certified as Gr
21、ade One',這就說(shuō)明貨物的質(zhì)量是合格的,而且是經(jīng)官方確認(rèn)的。2)文中提到“due to long voyage"這說(shuō)明貨物變質(zhì)的原因是由于運(yùn)輸時(shí)間長(zhǎng)。答案:No。答題切入點(diǎn):a貨物變質(zhì)的原因bCFR術(shù)語(yǔ)下風(fēng)險(xiǎn)轉(zhuǎn)移的情況。3. Under a CIF contract, the goods had been loaded on board the vessel according to the terms of the contract. Then the vessel departed. An hour later, the vessel struck a rock a
22、nd sank. The next day the seller's bank presented the shipping documents, insurance policy and invoices to the buyer, and demanded payment.(1) Knowing that he will not receive the goods, should the buyer pay?(2) Which party would have to take the loss?析:本題的關(guān)鍵疑問(wèn)在于買方明知貨物已全部損失,不可能再收到貨物,是否還應(yīng)支付貨款。這是考
23、察對(duì)“symbolic delivery”這個(gè)概念的理解。在CIF術(shù)語(yǔ)下,賣方交貨時(shí)買方并沒(méi)有真正收到貨物,賣方的交貨是通過(guò)貨交承運(yùn)人并獲得相關(guān)單據(jù)(尤其是物權(quán)憑證)來(lái)實(shí)現(xiàn)的。而相應(yīng)的,買方必須接受交貨,也就是買方必須接受賣方提供的相應(yīng)單據(jù)并履行相關(guān)支付的義務(wù)。(1)答案:Yes答題切入點(diǎn):1)賣方履行其義務(wù)的情況;2)CIF術(shù)語(yǔ)對(duì)雙方交貨、領(lǐng)受貨物的規(guī)定;3)解釋“symbolic delivery”在這里的應(yīng)用。(2)答案:The buyer答題切入點(diǎn):CIF術(shù)語(yǔ)下風(fēng)險(xiǎn)轉(zhuǎn)移的情況。由于本章主要討論貿(mào)易術(shù)語(yǔ)的應(yīng)用,關(guān)注的主要是買、賣雙方。如果答案是保險(xiǎn)公司,則要求說(shuō)明損失的風(fēng)險(xiǎn)首先是由買方承
24、擔(dān)的,在風(fēng)險(xiǎn)屬于保險(xiǎn)公司承保范圍內(nèi)的情況下,保險(xiǎn)公司會(huì)對(duì)買方進(jìn)行部分或全部的賠償。4. A Shanghai company signed a CIF contract to sell Christmas goods to a British company. The USD1 million contract stipulated, "The seller guarantees that the goods arrive at the port of destination by December 1, 2010. If the carriage is late, the buye
25、r can cancel the purchase, and get the refund for the payment. " So the shipment was made. Unfortunately, due to mechanical problems, the vessel arrived at the destination a few hours late. The buyer refused to accept the goods. As a result, the goods had to be sold on the spot, and the seller
26、lost USD700 000. Comment on this case.析:賣方受損的原因是貨物達(dá)到目的港的時(shí)間晚于合同規(guī)定的時(shí)間,因此買方拒收貨物。從表面上看,似乎問(wèn)題就是出在賣方違約上,但如果仔細(xì)分析就會(huì)發(fā)現(xiàn),該合同本身的內(nèi)容就存在自相矛盾的問(wèn)題。合同用的是CIF術(shù)語(yǔ),賣方在貨裝上船時(shí)風(fēng)險(xiǎn)就轉(zhuǎn)移。賣方既不承擔(dān)運(yùn)輸途中的風(fēng)險(xiǎn),也不保證貨物是否能抵達(dá)目的港。CIF合同本質(zhì)上是一個(gè)“shipment contract”。但加上一條保證到岸時(shí)間的條款后,合同的性質(zhì)發(fā)生了變化:它變成了一個(gè)“arrival contract”。也就是說(shuō),在貨物按時(shí)抵達(dá)目的港之前的一切風(fēng)險(xiǎn)都由賣方承擔(dān),否則賣方就是
27、違約。答題切入點(diǎn):1)CIF術(shù)語(yǔ)對(duì)雙方風(fēng)險(xiǎn)及義務(wù)的劃分,點(diǎn)出“shipment contract”這一概念;2)解釋“arrival date”clause對(duì)合同性質(zhì)的改變。5. A Chinese company finalized a transaction with a German company under CIF price and L/C payment. Both sales contract and L/C received stipulated that transshipment was not allowed. The Chinese company made the
28、shipment on a direct vessel within the validity period of the L/C and negotiated the payment with a direct Bill of Lading successfully. After departing from the Chinese port, in order to take another shipment, the shipping company unloaded the goods from the original vessel and reloaded them onto an
29、other. Due to the delay and the poor condition of the second vessel, the goods arrived 2 months later than the expected time. The German company suffered and claimed compensation from the Chinese company with the reason that the Chinese side cheated them with a direct B/L. The Chinese company believ
30、ed that since they signed the contract under a "到岸價(jià)" and they booked the shipping company, they would be responsible for what happened. As a result the Chinese side compensated. Comment on this case.析:1)賣方按照合同規(guī)定履行了各項(xiàng)義務(wù),造成貨物到港延誤的原因是船公司擅自改變運(yùn)輸安排,賣方對(duì)此并不知情。2)賣方把CIF理解成“到岸價(jià)格”存在錯(cuò)誤,混淆了承擔(dān)風(fēng)險(xiǎn)與承擔(dān)費(fèi)用的區(qū)別。
31、如果把CIF理解成“到岸價(jià)格”,那么CIF就變成了一個(gè)到岸合同術(shù)語(yǔ)(arrival contract term)了,而實(shí)際上它應(yīng)該是個(gè)裝運(yùn)合同術(shù)語(yǔ)(shipment contract term)。3)因此,賣方在此情況下不應(yīng)進(jìn)行賠償,而是應(yīng)該協(xié)助買方向船方進(jìn)行索賠。答題切入點(diǎn):1)分析買方受損的真正原因及責(zé)任方:2)解釋賣方錯(cuò)誤賠償?shù)脑颍?)給出本案例正確的處理方法,尤其是賣方應(yīng)該如何應(yīng)對(duì)買方的要求。Chapter 3 Export Price 12345678910I. Multiple choicesBDDACDABDBII. True or false statementsFTFFFT
32、TFFFIII. Explain the following terms1. inquiryAn inquiry is the act of a potential client asking for information from the counterpart to his intention in buying or selling a certain commodity.2. offer An offer is a sufficiently definite proposal addressed to one or more specific persons for concludi
33、ng a contract, necessarily indicating the intention of the offeror to be bound in case of acceptance.3. counteroffer A counteroffer is a reply to an offer which contains additions, limitations or other modifications.4. acceptance An acceptance is a statement made by or other conduct of the offeree i
34、ndicating assent to an offer.IV. Short questions1. What are the four components of the standard form of a price? A code of currency, a number, a unit and a trade term.2. While making pricing decision, what major factors should be considered? When a seller is setting his export prices, the major fact
35、ors he has to consider include cost, anticipated profit, capability of his target market, terms of payment, competition and relationship between the exporter and the importer.3. What are the differences and similarities between commission and discount? Similarities: Both commission and discount are
36、used as incentive to promote transactions. Differences: a. Commission payment is an add-up on top of the original price, while discount a reduction; b. Commission mainly applies to transactions which involve middleperson or agent. Discount can be used without particular prerequisites.4. When will an
37、 offer be terminated? An offer will be terminated when: a. it is legally terminated (being withdrawn or revoked); b. it is not accepted by the offeree within the validity period or a reasonable period of time; c. it is rejected by the offeree; and d. some uncontrollable events happen, preventing the
38、 offeror from fulfilling his obligations.5. What are the possible modifications a counteroffer may make to an offer? If a reply to an offer makes modifications in the following aspects, the reply will be considered as a counteroffer: _ price and payment; b. quality and quantity of goods; c. place an
39、d time of delivery; d. extent of one party's liability to the other; e. settlement of dispute. V. Case studies1. Under the price of USD25.5/dozen CFR Rotterdam BB Company signed a contract to sell 1 000 dozens of T-shirt. The T-shirt was purchased from factory by RMB135/dozen. BB Company calcula
40、ted 3 % of its product purchasing price as its overhead costs. The local transport and customs formalities took RMB2 500 and the container ocean freight was USD1 500. If the bank exchange rate was 1USD/6.5RMB, what would be the export profit margin for this deal? And what about its export cost for f
41、oreign exchange? export profit margin: 9.26% ; export cost for foreign exchange : 5. 897 Export profit margin= Export revenue ( FOB ) - Export cost ( FOB )/ Export revenue (FOB) Export Cost for Foreign Exchange =Export Cost in Local Currency/ Export Revenue in Foreign Currency2. The price quoted by
42、a Shanghai exporter was "USD1 200 per M/T CFR Liverpool" The buyer requested a revised FOB price including 2% commission. The freight for Shanghai-Liverpool was USD200 per M/T. To keep the export revenue constant, what would FOBC2% price be? FOBC2% Shanghai USD1 020. 41/M/T FOBC% = FOB/( 1
43、 - Commission)3. AC Company offered to sell goods at "USD100 per case CIF New York". The importer requested a revised quote for CFRC5 %. The premium rate for insurance was 1.05 % and mark-up for insurance was 10%. To get the same export revenue, what would AC's new offer be? CFRC5% New
44、 York USD104. 5/case I = CIF x 110% x R CFRC% = CFR/( 1 - Commission)4. DD Company offered to sell goods at "USD2 000 per M/T CW Toronto with 'all risks' and 'war risk' for 110% of the value". The importer requested a revised quote for FOB Guangzhou. The freight for Guangzh
45、ou-Toronto was USD50 per M/T, and the premium rates for "all risks" and "war risk" were 1% and 0. 2% respectively. To get the same export revenue, what FOB price should the exporter offer? FOB Guangzhou USD1 923.6/M/T I =CIF x 110% x R CIF = FOB + Freight + Insurance5. The price
46、quoted by an exporter was "USD450 per case FOB Shanghai". The importer requested a revised quote for CIF Auckland. If the freight was USD50 per case, 110% of the value was to be insured, and the premium rate for insurance was 0. 8%, what would the new price be? CIF Auckland USD504. 44/case
47、 CIF = CFR/( 1 - 110% x R) CFR = FOB + Freight6. X Company signed a contract to export two machines at an initial price (P0) of USD5 million each. At the time of setting P0, the material price index (M0 ) was 110, the wage index (W0 ) was 120. The contract contained a price revision clause that allo
48、wed the final price to be set on delivery. At the time of delivery, the material price index (M) was 112, and the wage index (W) became 125. If the following ratios remained constant: A (the management fee and profit as a percentage of the price) = 15% B (the material cost as a percentage of the pri
49、ce) =30% C (the wage cost as a percentage of the price) = 55 % What is the final price (P) ? USD5.14 million P = P0. ( A + B. M/M0 + C. W/W0 )7. On Nov. 20th, Lee Co. offered to sell goods to Dee Inc. at USD500 per case CIF London, "Offer valid if reply here 11/27. " On Nov. 22nd Dee cable
50、d back, "Offer accepted if USD480 per case. " As Lee was considering the bid, the market price went over USD500. On Nov. 25th, Dee cabled an unconditional acceptance of Lee's initial offer. Could Lee reject Dee's acceptance?析:1)11月22日Dee Inc的回復(fù)對(duì)價(jià)格進(jìn)行了更改,因此這是一個(gè)還盤。當(dāng)Dee Inc對(duì)報(bào)盤進(jìn)行還盤,原來(lái)的報(bào)
51、盤就自動(dòng)中止了。在這個(gè)前提下,Lee Co可以采取任何行動(dòng)而不須顧慮先前的報(bào)價(jià)。2)盡管Dee Inc在原報(bào)盤的有效期內(nèi)又發(fā)出了一個(gè)無(wú)條件接受報(bào)盤的回復(fù),但由于之前他們已經(jīng)進(jìn)行了還盤,所以此時(shí)的接受無(wú)效。答案:Yes答題切入點(diǎn):1)還盤的定義;2)報(bào)盤中止的因素。8. X offered to sell goods to Y, "Shipment within 2 months after receipt of L/C, offer valid if reply here 5 days. " Two days later, Y cabled back, "Acce
52、pt your offer shipment immediately. " X didn't reply. Two more days later, X received Y's L/C requiring immediate shipment. At this time, the market price of the goods went up by 20%. What options did X have to deal with Y?析:1)Y在兩天后的回復(fù)中雖然聲明接受報(bào)盤,但同時(shí)要求“shipment immediately”,這是對(duì)原報(bào)盤的船期“ship
53、ment within 2 months”進(jìn)行了修改,因此構(gòu)成了一個(gè)還盤,原報(bào)盤則被中止。2)在這個(gè)前提下,再來(lái)考慮x都有哪些選擇以及哪個(gè)是最可能或最好的。答題切入點(diǎn):1)還盤的定義;2)報(bào)盤中止的因素;3)X可能有的各項(xiàng)選擇;4)X最可能選擇的做法及原因。Chapter 4 Terms of Commodity12345678910I. Multiple choicesCCDDBCCBDBII. True or false statementsFFFTFFTFFFIII. CalculationCompany C has a contract to export 10 metric tons
54、 of Seafood, to be packed in cartons each of 40 lb. (lib =0. 45 358kg), with a 5% more or less allowed both in quantity and in amount.1. How many cartons of Seafood can Company C deliver at most?2. How many cartons of Seafood should Company C deliver at least? 1 lib =0. 453 58kg, so 40 lb = 18. 144k
55、g Maximum: 10x l 000kg x (1 +5%) /18. 144= 578.7 (Attention: 0. 7 should be deleted here) = 578 cartons Minimum: 10 xl 000kg x (1 -5% ) /18. 144= 523.6 (Attention: 0, 6 should be added here) = 524 cartons Answer: 1) At most, Company C can deliver 578 cartons of Seafood. 2) At least, Company C should
56、 deliver 524 cartons.IV. Explain the following terms1. quality latitudeQuality latitude means the permissible range within which the quality of the goods delivered by the seller may be flexibly controlled.2. quality toleranceQuality tolerance refers to the quality deviation recognized (e. g. by some
57、 industry), which allows the quality of the goods delivered to have certain difference within a range.3. sale by counter sampleA counter sample is a replica made by the seller of the sample provided, normally by the buyer. In a sale by counter sample, the counter sample will replace the original sam
58、ple and become the final standard of quality of the transaction. By means of a counter sample, the seller would be more comfortable to prepare the mass products according to a sample provided by himself. Even in the worst scenario that the buyer later finds the counter sample does not match with the
59、 original, the seller will not carry any responsibility as the counter sample has been confirmed by the buyer.4. gross for netIn the case of "gross for net", the goods are priced by their gross weight instead of the net. The "gross for net" practice will be adopted when the packing may become an indivisible part of the product, such as tobacco f
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