贸易实务案例分析(3)

during the transportation, that was, after the crossing of the ship’s rail, quality change occurred. In accordance with international trade practices, the consequences should be borne by the buyer. Therefore, Company A refused Compensation.

Question: Do you think Company A’s refusal is reasonable? Please give your explanation of how to deal with it.

8. One Chinese company exported to a British company with the contract of soybean with the stipulation: “Moisture not more than 14%, impurity not more than 2.5%”. Before the deal, the export company sent the sample to the buyer and after the contract the export corporation advised the buyer that the delivery was similar to the sample. When the goods arrived in UK, the buyer found the unconformity of the goods with the sample, and presented the local inspection institutions inspection certificate to prove the quality of goods. It was inferior to the sample by 7% without mentioning that the quality did not conform to the provisions of the contract quality. The buyer requested the export to company compensate the loss of 15 000 pounds.

Question: Should the export company compensate? What lessons does the case give us?

9. An ore exporting contract specified the terms as follows: “25 000 M/T, 3% more or less at seller’s option.” When the seller prepared to take delivery, the international market prices of ore went upward.

Question: (1) How much are you going to deliver as a seller? Why?

(2)Standing in the position of the buyer, what should be paid attention to during negotiation of the terms of the contract?

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