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1、精選優(yōu)質(zhì)文檔-傾情為你奉上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

2、 of shipment.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

3、 contract using 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

4、 shipment under FOB ?The seller.2. Who pays for unloading under CIF?The buyer.3. Compare and contrast FOB, CFR and CIF?Similarities: a. The sellers 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

5、 responsible 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

6、 to arrange and pay for the ocean transportation; CIF requires the seller to arrange and pay for the ocean transportation and insurance against the buyers risk.4. What are the two types of trade terms concerning the transfer of risks?Shipment contract terms vs. arrival contract terms. Under shipment

7、 contract terms the sellers 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 CF

8、R?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. U

9、nder CPT the sellers risk will be transferred to the buyer when the goods are handed over to the first carrier nominated by the seller. Under CFR the sellers risk will be transferred when the goods are loaded on board the vessel.6. What are the differences and similarities between CIP and CIF?Major

10、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 buyers risk.Difference: a. CPT is applicable to any kind of transportation mod

11、e while CFR is only used for seaway or inland waterway transport, b. Under CPT the sellers risk will be transferred to the buyer when the goods are handed over to the first carrier nominated by the seller. Under CFR the sellers risk will be transferred when the goods are loaded on board the vessel.7

12、. 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 trade terms. The traders should

13、 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 DDP these two terms, all the o

14、ther 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 shipment, if Hamburg is the port of shi

15、pment, from the Chinese traders 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 details. The buyer faxed Please send the goods to the port f

16、or 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 night of 21 March a fire happened in the warehouse area and part of the good

17、s 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 vessel arrived within the shipment period and the loss occurred before t

18、he 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庫期間發(fā)生火災(zāi)造成的。2)賣方之所以會把貨物存放在碼頭倉庫是因為買方指定的船只在約定時間沒有出現(xiàn)。3)Incoterms 2010有規(guī)定,買方有向賣方提供準確、及時的裝船通知的義務(wù),如果買方?jīng)]有履行該義務(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:1)分析貨物受損原因。2)根據(jù)201

19、0年國際貿(mào)易術(shù)語解釋通則買方在提供裝運通知方面的義務(wù)。3)解釋提供裝運通知與完成交貨風(fēng)險轉(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 shipment, the seller gave the buyer timely notice. However, due to the lo

20、ng 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)貨物在裝運港已經(jīng)“officially certified as Grade One,這就說明貨物的質(zhì)量是合格的,而且是經(jīng)官方確認的。2)文中提到“due to long voyage這說明貨物變質(zhì)的原因是由于運輸時間長。答案:No。答題

21、切入點:a貨物變質(zhì)的原因bCFR術(shù)語下風(fēng)險轉(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 and sank. The next day the sellers bank presented the shipping documents, insurance policy and i

22、nvoices 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。這是考察對“symbolic delivery”這個概念的理解。在CIF術(shù)語下,賣方交貨時買方并沒有真正收到貨物,賣方的交貨是通過貨交承運人并獲得相關(guān)單據(jù)(尤其是物權(quán)憑證)來實現(xiàn)的。而相應(yīng)的,買方必須接受交

23、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:1)賣方履行其義務(wù)的情況;2)CIF術(shù)語對雙方交貨、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:CIF術(shù)語下風(fēng)險轉(zhuǎn)移的情況。由于本章主要討論貿(mào)易術(shù)語的應(yīng)用,關(guān)注的主要是買、賣雙方。如果答案是保險公司,則要求說明損失的風(fēng)險首先是由買方承擔(dān)的,在風(fēng)險屬于保險公司承保范圍內(nèi)的情況下,保險公司會對買方進行部分或全部的賠償。4. A Shanghai company signed a CIF contract to sell Christm

24、as 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 buyer can cancel the purchase, and get the refund for the payment. So the shipment was made. Unfortunately, du

25、e 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 lost USD700 000. Comment on this case.析:賣方受損的原因是貨物達到目的港的時間晚于合同規(guī)定的時間,因此買方拒收貨物。從表面上看,似乎問題就是出在賣方違約上,但如果仔細分析就會發(fā)現(xiàn),該合同本

26、身的內(nèi)容就存在自相矛盾的問題。合同用的是CIF術(shù)語,賣方在貨裝上船時風(fēng)險就轉(zhuǎn)移。賣方既不承擔(dān)運輸途中的風(fēng)險,也不保證貨物是否能抵達目的港。CIF合同本質(zhì)上是一個“shipment contract”。但加上一條保證到岸時間的條款后,合同的性質(zhì)發(fā)生了變化:它變成了一個“arrival contract”。也就是說,在貨物按時抵達目的港之前的一切風(fēng)險都由賣方承擔(dān),否則賣方就是違約。答題切入點:1)CIF術(shù)語對雙方風(fēng)險及義務(wù)的劃分,點出“shipment contract”這一概念;2)解釋“arrival date”clause對合同性質(zhì)的改變。5. A Chinese company final

27、ized 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 shipment on a direct vessel within the validity period of the L/C and negotiated the payment with a direct Bill o

28、f 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 another. Due to the delay and the poor condition of the second vessel, the goods arrived 2 months later than the ex

29、pected 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 believed that since they signed the contract under a 到岸價 and they booked the shipping company, they would be responsibl

30、e for what happened. As a result the Chinese side compensated. Comment on this case.析:1)賣方按照合同規(guī)定履行了各項義務(wù),造成貨物到港延誤的原因是船公司擅自改變運輸安排,賣方對此并不知情。2)賣方把CIF理解成“到岸價格”存在錯誤,混淆了承擔(dān)風(fēng)險與承擔(dān)費用的區(qū)別。如果把CIF理解成“到岸價格”,那么CIF就變成了一個到岸合同術(shù)語(arrival contract term)了,而實際上它應(yīng)該是個裝運合同術(shù)語(shipment contract term)。3)因此,賣方在此情況下不應(yīng)進行賠償,而是應(yīng)該協(xié)助買方

31、向船方進行索賠。答題切入點:1)分析買方受損的真正原因及責(zé)任方:2)解釋賣方錯誤賠償?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)對買方的要求。Chapter 3 Export Price 12345678910I. Multiple choicesBDDACDABDBII. True or false statementsFTFFFTTFFFIII. Explain the following terms1. inquiryAn inquiry is the act of a potential client asking for information from the cou

32、nterpart 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 concluding a contract, necessarily indicating the intention of the offeror to be bound in case of acceptance.3. counteroffer A counte

33、roffer 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 indicating assent to an offer.IV. Short questions1. What are the four components of the standard form of a price? A code of cu

34、rrency, 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 factors he has to consider include cost, anticipated profit, capability of his target market, terms of payment, competition and r

35、elationship between the exporter and the importer.3. What are the differences and similarities between commission and discount? Similarities: Both commission and discount are used as incentive to promote transactions. Differences: a. Commission payment is an add-up on top of the original price, whil

36、e 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 offer be terminated? An offer will be terminated when: a. it is legally terminated (being withdrawn or revoked); b. it is no

37、t 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 offeror from fulfilling his obligations.5. What are the possible modifications a counteroffer may make to an offer? If a rep

38、ly 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 and time of delivery; d. extent of one partys liability to the other; e. settlement of dispute. V. Case studies1. Under the pri

39、ce 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 calculated 3 % of its product purchasing price as its overhead costs. The local transport and customs formalities took RMB2 500 and the c

40、ontainer 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 foreign exchange? export profit margin: 9.26% ; export cost for foreign exchange : 5. 897 Export profit margin= Export revenue ( FO

41、B ) - 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 a Shanghai exporter was USD1 200 per M/T CFR Liverpool The buyer requested a revised FOB price including 2% commission. The freigh

42、t 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 - Commission)3. AC Company offered to sell goods at USD100 per case CIF New York. The importer requested a revised quote for CFRC5 %. The pre

43、mium rate for insurance was 1.05 % and mark-up for insurance was 10%. To get the same export revenue, what would ACs new offer be? CFRC5% New 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

44、risk for 110% of the value. The importer requested a revised quote for FOB Guangzhou. The freight for Guangzhou-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 Gu

45、angzhou USD1 923.6/M/T I =CIF x 110% x R CIF = FOB + Freight + Insurance5. The price 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 insur

46、ance was 0. 8%, what would the new price be? CIF Auckland USD504. 44/case 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 inde

47、x (W0 ) was 120. The contract contained a price revision clause that allowed 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 perce

48、ntage of the price) = 15% B (the material cost as a percentage of the price) =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 Lon

49、don, Offer valid if reply here 11/27. On Nov. 22nd Dee cabled 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 Lees initial offer. Could Lee reject Dees acceptance?析:1)11月22日Dee Inc的回復(fù)對

50、價格進行了更改,因此這是一個還盤。當Dee Inc對報盤進行還盤,原來的報盤就自動中止了。在這個前提下,Lee Co可以采取任何行動而不須顧慮先前的報價。2)盡管Dee Inc在原報盤的有效期內(nèi)又發(fā)出了一個無條件接受報盤的回復(fù),但由于之前他們已經(jīng)進行了還盤,所以此時的接受無效。答案:Yes答題切入點:1)還盤的定義;2)報盤中止的因素。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

51、 cabled back, Accept your offer shipment immediately. X didnt reply. Two more days later, X received Ys 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)中雖然聲明接受報盤,但同時要求“shipment immediately”,這是對原報盤的船期“shi

52、pment within 2 months”進行了修改,因此構(gòu)成了一個還盤,原報盤則被中止。2)在這個前提下,再來考慮x都有哪些選擇以及哪個是最可能或最好的。答題切入點:1)還盤的定義;2)報盤中止的因素;3)X可能有的各項選擇;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 ton

53、s 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. 144

54、kg 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 shoul

55、d 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 som

56、e 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 sa

57、mple 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 th

58、e 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 produ

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