贸易实务案例分析(2)

5. A Shandong export company signed up a contract of exporting some primary goods with a South Korean import company on CIF conditions. During the shipment period of time stipulated in the contract, Shandong exporter got all the goods ready and arranged well the transportation from shipment port to destination port. While shipping, taking into account that the distance from shipment port to destination port was very short, the sea was dead calm, no accident would happen, the exporter did not effect the goods for marine cargo insurance. As a matter of fact, everything was in goods order and nothing unusual happened. The goods arrived at destination safely. But among all the shipping documents, insurance policy was absent. This time the market price changed toward the disadvantage to the buyer. So the buyer took the absence of insurance policy as an excuse and said there was discrepancy in the documents and refused to pay for the goods.

Question: Is the importer’s requirement reasonable? How is the problem dealt with?

6. A Chinese import and export company signed a contract with a Thailand import and export company on FOB terms, selling the Thailand company 10 000 pieces of candles. Before shipment, the goods passed an inspection by a notary public and were in line with the contract requirements. After the goods’ arrival at the port of destination, the buyer found that 30% of the candles were curved and, therefore, claimed to the seller. But the seller refused to make compensation on the grounds that the quality of the goods at shipment was consistent with the contract requirements and there was a quality certificate given by the notary public. After careful investigation, the reason for the candle curving was clear. It was because when the goods were handled to the carrier, the carrier packed the goods in the cabin near the engine room, as a result of high temperature within the cabin.

Question: In these circumstances, whether the reasons for the seller for rejecting the claim were set up? Why?

7. A northern China Chemicals Import and Export Company A and the Chemical Products Company B of California in the United Stated entered into a chemical products sales contract on the basis of FOB terms. Company A loaded the goods on the Singapore vessel assigned by the Company B three days before the deadline. Before loading the goods had been inspected, showing the quality of the goods is in good order and in compliance with the contract stipulations. When the goods arrived at the destination in San Francisco, the inspection authorities found that the quality of the goods changed and there were some agglomeration of goods. After careful investigation it turned out that it was because of the poor packing that caused the quality to change. The survey confirmed that due to bad packaging of goods in transit the goods absorbed moisture in the air, which led to the original granular form lumps of raw materials. Company B filed claims against Company

A. However, Company A believed that before shipment of the goods the test for the goods was qualified, the quality change didn’t happen before shipment but

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