国际贸易实务

国际贸易实务(英文版) International Trade Practice Chapter one

1 Why do nations conduct trade with one another？ 答： A nation conducts international trade because：

it has the products and resources that exceed its domestic demand； it wants to get more economic benefits in a larger international market than what can be gained in domestic market；it wants to win political support；or it needs to satisfy different tastes， preferences and consumption patterns among its people.

2 How many forms are adopted in the process of negotiation？ Business negotiations can be conducted in two forms： in words， i.e. face-to-face negotiation or negotiation through telephone， and in writing，i.e. business correspondence which includes letters， faxes， e-mails， telexes，etc. Whatever is chosen for the negotiation of a contract，four main steps are generally followed before a contract is concluded：enquiry，offer，counter-offer and acceptance.

Chapter two

III Explain the following terms 1 shipment contract

答： Shipment contract is a contract using an Incoterm which indicates that the delivery happens at the time or before the time of

shipment.

2 symbolic delivery

Symbolic 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 contract

Arrival contract means a contract using an Incoterm which indicates that the delivery happens when the goods arrive at the destination. 4 actual delivery

Actual delivery refers to a delivery situation in which when the seller delivers the buyer does physically receive the goods.

IV. Short questions

1 What are the two types of trade terms concerning the transfer of risks?

答：Shipment contract terms vs. arrival contract terms. Under shipment contract terms seller’s risk will be transferred to the buyer before the goods depart from the place/port of shipment. Under arrival contract terms seller will bear the risk of the goods until the goods arrive the destination.

2 What are the differences and similarities between CIP and CIF?

答：Major similarities: a. seller should contract and pay for the major

carriage. b. Seller is not taking the risk of loss or damage to the goods during the transportation. c. Seller must obtain insurance against buyer’s risk. Difference: a. CPT is applicable to any kind of transportation mode while CFR is only used for waterway transport. b. Under CPT seller’s risk will be transferred to the buyer when the goods are handed over to the first carrier nominated by seller. Under CFR seller’s risk will be transferred when the goods pass over the ship’s rail.

3 Who is responsible for carrying out customs formalities for exports

under an FOB contract?

答：Seller. According to Incoterms 2000, except EXW and DDP these two terms, all the other eleven terms require the seller to handle the export customs formalities, while buyer the import customs formalities.

4 If a Chinese trader signs a FOB Hamburg contract, is he exporting or importing?

答：Importing. FOB should be used with a “named port of shipment”,

if Hamburg is the port of shipment, from the Chinese trader’s perspective, he is importing.

V．Case Studies 1. (变形)

An FOB contract stipulated, \shipment will be effected in March

2008. If the vessel fails to arrive at the port of shipment on time, the seller agrees to set aside the goods for additional 27 days, and the buyer will bear all costs of delay.\the buyer finally arrived at the port of shipment on May 1. As a result, the seller refused to make the shipment.

(1) Was the seller entitled to compensation for the warehouse rent, insurance and

interest due to the delay?

(2) If the seller had sold the goods to a third party on April 25, should the buyer

pay for the delay?

(3) If the seller had sold the goods to a third party on May 1 with a better price,

was he entitled to any compensation?

析： a案例中提到“shipment will be effected in March 2008”,这种确定装运时间的

方式允许在整个3月份期间的任何时间进行装运。也即是说，装运的最后期限为08年3月31日。b文中提到的“additional 27 days”,根据合同卖方同意在买方船期延误的情况下为其将货物保留到4月27日。 （1）答案：Yes。

答题切入点：a FOB术语关于双方费用划分的规定；b 合同本身的条款规定。 （2）答案：No。

答题切入点：合同本身的条款规定。

（3）这题与第一题相比，不同的一点在于“with a better price”。解答时应对这一点进行分析：在卖方卖出货物获得更高利润的情况下，他是否还应获得相关赔偿？ 答案：Yes。

答题切入点：合同本身的条款规定。

4. （日期变形）A Shanghai company signed a CIF contract to sell Christmas goods to a British company. The $1 million contract stipulated, \the goods arrive at the port of destination by December 1, 2008. If the carriage is late,

the buyer 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 lost $700,000.

(1) Was the \date\clause consistent with CIF term under Incoterms

2000?

(2) What trade term is proper for the obligation concerning arrival time? 析：卖方受损的原因是货物达到目的港的时间晚于合同规定的时间，因此买 方

拒收货物。从表面上看，似乎问题就是出在卖方违约上，但如果仔细分析就会发现， 该合同本身的内容就存在自相矛盾的问题。合同用的是CIF术语，卖方在货过船舷时风险就转移。卖方既不承担运输途中的风险，也不保证货物是否能抵达目的港。CIF合同本质上是一个“shipment contract”。但加上一条保证到岸时间的条款后，合同的性质发生了变化：它变成了一个“arrival contract”。也就是说，在货物按时抵达目的港之前的一切风险都由卖方承担，否则卖方就是违约。 （1）答案：No.

答题切入点：a CIF术语对双方风险及义务的划分，点出“shipment contract”这一概念；b 解释“arrival date” clause对合同性质的改变。 （2）答案： DES。

答题切入点：对比两个术语在义务、费用划分上的相似程度。

Chapter three

III Explain the following terms １ inquiry

答： An 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

答： An offer is a sufficiently definite proposal addressed to one or more specific persons for concluding a contract， necessarily

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