(1) The shipment date should be made in such a manner that it facilitates the seller and enables the seller to effect shipment on time and perform the relevant obligations stipulated in the contract. For instance, the seller should be given a period of reasonable time for arranging the supply of the contracted goods.
(2) Different shipment period should be fixed, based on the availability of shipping space, for contracted goods of different nature. An unreasonable short time for shipment shall cause no little inconvenience to the seller.
(3) According to the relevant stipulations of (Uniform Customs and Practice for Documentary Credits): Expressions such as “prompt”; “immediately”, “as soon as possible” and the like should not be used. If they are used banks will disregard them.
(4) Unless otherwise stipulated in the credit, the expression “shipment” used in stipulating an earliest and/or a latest shipment date will be understood to include the expressions “ loading on board”, “dispatch”, “accepted for carriage”, “flight date”, “date of post receipt”, \case of a credit calling for or allowing a multi-modal transport document the expression “taking in charge” .
(5) If the expression “on or about” and similar expressions are used, banks will interpret them as a stipulation that shipment is to be made during the period from the five days before to five days after the specified date, both end days included. The words “to”, “until”, “till”, “from” and words of similar expressions applied to any date or period in the credit referring to shipment will be understood to include the date mentioned. The word “after” will be understood to exclude the date mentioned. The term “first half”, “second half” of a month shall be construed respectively as the 1st to the 15th, and the 16th to the last day of such month, all dates inclusive. The terms “beginning”, “middle”, or “end” of a month shall be construed respectively as the 1st to the 10th, the 11th to the 20th', and the 21st to the last day of such month, all dates inclusive.
3. The Bill of Lading has three important functions. a.It is a receipt for goods signed by the shipping company and given to the shippers; b.It is also evidence of a contract of carriage between the shipping company and shippers. In addition, c.it is a document of title because the legal owner of the Bill of Lading is the owner of the goods. For this reason the Bill of Lading can be used to transfer the goods-from one owner to another. “When the exporters complete it, they can write the buyer?s name in the space, “consignee”. This means the consignee is the legal owner of the goods, as named on Bill of Lading. Otherwise the exporters can write “to other” in the consignee space. Underneath “to order” they write the name and address of the agent. Then the agent in the importing country can endorse the bill to the buyer. In this way the importers can transfer the consignment to their customers. This means that there has to be a separate Bill of Lading for each consignee and several consignments can not be consolidated on to one bill.
4. There are several types of Bills of Lading which are categorized in different ways. (1). On board B/L and received for shipment B/L
According to whether the goods are loaded or not, the bills of lading can be classified into on board(or shipped) B/L and received(or received for shipment) B/L. A shipped on board B/L is evidence that the goods have been loaded on board a certain steamer. It commences with the wording “Shipped in apparent good order and condition”, According to general foreign trade practices, only the shipped on board B/L is accepted by banks for payment under a L/C.
(2). Clean bill and unclean bill
According to whether there are notes on the B/L, it falls into 2 kinds: clean B/L and unclean B/L. A clean B/L shows that the goods have been shipped on board a vessel in apparent good order
11
and condition, and there is no modification of the shipowner. This bill of lading is called “clean” or “unclaused”. It confirms that the goods have not suffered apparent or outside damage and there does not seem to be any defect in the packing. By issuing clean bill of lading, the shipowner admits his full liability of the cargo described in the Bill under the law and his contract. This type is much favored by banks for financial settlement purpose.
Unclean B/L is generally marked “insufficiently packed”, “covers old and stained”, “wet by rain”, “…packed in damaged condition”, “unclean”, “foul”, etc. There are many recurring types of such clauses including inadequate packaging, unprotected machinery, wet or stained cartons, damaged crates, etc. This type of B/L is usually unacceptable to a bank. But not all B/L(s) which are noted are unclean B/L.
(3). A straight B/L, An order B/L and A blank B/L
According to whether the B/L is transferable, it is divided into 3 kinds: straight B/L, order B/L and blank B/L.
A straight B/L is made out so that only the named consignee at the destination is entitled to take delivery of the goods under the bill. The consignee is designated by the shipper. The carrier has to hand over the cargo to the named consignee, not to any third party in possession of the bill. This kind of B/L is not transferable. The shipper cannot pass the bill to a third party by endorsement. So the bill is of very restricted application. When the goods are shipped on a non-commercial basis, such as samples or exhibits, materials in aid of other countries, or when the goods are extremely valuable, a straight B/L is generally issued.
An order B/L indicates that the bill is made out to the order of or to order of …any person named in such a bill, which may be transferred /negotiated after endorsement. So it is sometimes called transferable B/L. It is because of this that nowadays, it is commonly used in international practice.
A blank B/L is also called open B/L or bearer B/L. It refers to the bill in which the name of a definite consignee is not mentioned. The area in B/L calling for the name of the consignee is left blank, with neither the name of the consignee nor the phraseology of “to order” filled in. This kind of B/L can be transferred/ negotiable without endorsement. There usually appear in the box of consignee words like “to bearer” and holder of the B/L can take delivery of the goods against the surrender of B/L, i.e., ownership of the goods passes when the bill is handed over to anyone.
(4). Direct B/L, A transshipment B/L, A through B/L
According to the modes of transport, it can be divided into 3 kinds.
A direct B/L is referred to the consignment carried to the port of destination directly without transshipment.
A transhipment B/L is issued by shipping companies when there is no direct service between the port of loading and port of destination, and the ship owner arranges to tranship the cargo at an intermediate port at his expense. This kind of Bill usually bears such a clause “Transhipment to be made”
A through B/L is issued when the entire voyage involves more than one carrier, where the ocean shipment forms only part of the complete journey and, subsequent thereto, the goods have to be carried by other land or sea carriers. The first carrier issues the bill and collects the freight for the entire voyage, and arranges transshipment and forwarding of the goods at the intermediate port. The shipper prefers this kind of B/L because of the trouble having been saved to deal with other carriers by himself.
(5). A long form B/L, A short form B/L
According to the contents of the B/L, it can be divided into 2 forms: Long Form B/L and Short Form B/L
12
A long form B/L refers to the B/L on the back of which all the detailed terms and conditions about the rights and obligations of the carrier and the consignor are listed as an integral part of the bill. It is more frequently used.
A short form B/L is a document which omits the terms and conditions on the back of B/L. (6). A freight prepaid B/L, A freight to be collected B/L
According to the time for payment of freight, it can be divided into 2 types.
A freight prepaid B/L means that all the freight is paid by the consignor when B/L is issued by the carrier on which “freight prepaid” is indicated.
A freight to be collected B/L refers to the B/L on which “freight payable at destination” is indicated.
(7). A liner B/L, A charter party B/L
According to the types of the carrying vessels, it can be classified into a liner B/L and a charter party B/L.
(8). Other types of B/L
Besides the above-mentioned types of B/L there are some other types such as: container B/L; on Deck B/L; stale B/L; groupage B/L; house B/L; antedated B/L and advanced B/L.
5.答：这是规定分运时一定要按照比例装运。这多用于同一商品具有多种规格的情况下。例如，我出口
桃仁1500箱，其中头路900箱，二路600箱，合同规定每次装运要按4、6搭配。而且来证又作了如上规定。如我分三次装运，则每次应为300箱头路，200箱二路，始才合规定。
This means when the goods are delivered partially, the sub-delivered shipment must be on pro-rata basis. It is used when there are several specifications for one commodity. For example, we export 1500 boxes of Peach Kernels, of which the first lot 900 boxes, second 600 boxes. The contract stipulates that each shipment should be delivered on the proportion of 4 to 6. In the coming L/C, there is also this stipulation. If we want to deliver the goods in three lots, the first lot should be 300 cases, second 200.
6 There is no difference in translation, both can be translated as “分两批装运”. But in practical work, the understanding is different, so in dealing with these sentences we should use different ways. As to “two lots”, the consigner can load the goods in the same contract on the same ship with the same voyage, but he should make two sets of documents. As to “two shipments”, the goods should be loaded on two different ships or the same ship with different voyages.
7 PSA = Port of Singapore Authority, which is an article in Singapore Authority Port. This article requires ships to be docked at the pier due to lower prices, but Singapore's berth is in great tension, often the ships have to float, so this article should not be accepted.
8 It should be considered with the L/C. If transshipment is allowed in the L/C, it can be understood as “Transshipment at Hongkong”; if transshipment is not allowed in the L/C, it should be understood as “No transshipment at Hongkong, but only pass-by at Hongkong.”
9 This term can be often seen in the L/C from Germany. It can be accepted by China. Usually, according to the term, the through bill of lading is issued by China or the China Merchants, and it should make it clear that in Hongkong the goods should be transshipped to the ships of Maersk shipping company.
10. P&I Club means Protection and Inelemnity Club. This provision requires the members of the Association to use the cargo ships of the Association and the certification should be issued by the Association as well. Our Chinese companies do not accept this provision.
11 It means that the goods are requested to be loaded on the cargo ships registered in British Lioyds Register of Shipping and the certificate should be issued by this Lioyds Register of Shipping. Generally speaking, it cannot be accepted by us because there is no agent of Lioyds Register of Shipping in out country. In Hongkong, there is a such agency, which can issue the certificates required
13
by the terms.
12 This is a request to FCL container shipment, only the mantissa is allowed for LCL shipments. When the goods are shipped, it should be indicated clearly that which goods are FCL container shipment, and which goods are LCL container shipment.
IV. Case study
1.[Answer]: The loss to the stationary pertained to particular average, while the loss to the tea was a partial one… The insurance company will have compensated for the losses if the goods had been insured against FPA.
2.[Answer]: The most important lesson we can learn is that, it is essential for the exporter to present documents in accordance with the stipulations of the relevant LC. In this case, finding the shipping marks illegible on the LC, the export salesman in the ABC Company, instead of asking the buyer for clarification, decided the shipping marks himself. This constituted discrepancy between the documents and the LC. Article 14 of the UCP500 clearly indicates, “When the Issuing Bank authorizes another bank to pay, incur a deferred payment undertaking, accept draft(s), or negotiate against documents which appear on their face to be in compliance with the terms and conditions of the Credit…” It is clear that the documents presented must be in conformity with the stipulations in the L/C.
3.[Answer]: The Chinese company is not right. The banks will refuse to pay. Because:
According to the stipulations of Art. C, the 31st paragraph of UCP 600: “A presentation consisting of more than one courier receipt, post receipt or certificate of posting will not be regarded as a partial shipment if the courier receipts, post receipts or certificates of posting appear to have been stamped or signed by the same courier or postal service at the same place and date and for the same destination.” In this case, no partial shipments are allowed. The Chinese company loaded 3000 cases of Jujube on board the ship “festive” on May 10th with the ocean bill of lading of May 10, and on May 15, another 2000 cases of Jujube on S/S “flying Geese” with the May 15th ocean bill of lading respectively. Even though the two shipments were transshipped in Singapore by S/S “Wind” to San Francisco, the shipping documents presented to the Banks were two sets of documents with different names of ships and different shipping dates. This obviously shows that there were partial shipments, which was not in conformity with terms of the Contract and L/C. The banks, of course, would refuse to pay because of the discrepancies in L/C and shipping documents.
4.[Answer]: (1) The reasons for the successful settlement for the goods are: even though the goods were loaded in two different ports and on different dates, yet the name of the loading ship is the same “Zhuang He” with the same voyage “018”. According to the stipulations of Art. B, the 31st paragraph of UCP 600: A presentation consisting of more than one set of transport documents evidencing shipment commencing on the same means of conveyance and for the same journey, provided they indicate the same destination, will not be regarded as covering a partial shipment, even if they indicate different dates of shipment or different ports of loading, places of taking in charge or dispatch. If the presentation consists of more than one set of transport documents, the latest date of shipment as evidenced on any of the sets of transport documents will be regarded as the date of shipment.”
(2) The shipment date of the goods should be the latest date of shipment in all transport documents displayed. That is July 17th.
5. 答：银行的拒付是有理的。因为，本案中，我方取得了签发日期为12月10日的提单，于1月4日到银行交单议付。尽管我方未超过信用证规定的有效期到银行议付，但我方提交的提单已构成了过期提单。根据《UCPS00》第四十三条a款的规定：“除规定一个交单到期日外，凡要求提交运输单据的信用证，还须规定一个装运日后按信用证规定必须交单的特定期限。如未规定该期限，银行将不予接受迟于装运日期后二十一天提交的单据??”因此，我方提交的过期提单银行是有权拒付的。
14
6. 答：日商这样做的目的是想将运费转嫁由我方承担。我方可采取以下两种做法以确保我方的利益不受损害：1)要求日商修改信用证，将“运费已付”改为“运费到付”；2)要求日商在装船前将从中国口岸到悉尼的运费付给我方，在此基础上同意在提单上表明“运费已付”字样。
7. 答：1)买方没有拒收货物并要求退款的权利。首先在信用证支付方式下，银行承担第一性的付款责任。只要银行审核单据时，确认卖方所提交的单据表面上与信用证的规定相符，付款银行就应该履行付款的义务。另外，CIF术语成交属于象征性交货，卖方凭单交货，买方凭单付款。本案中，我方已于10月6日向银行提交单据，其中包括9月29日签发的已装船清洁提单，经银行审核，单单相符、单证相符，银行接受了单据并支付了货款，说明我方已完成了交货，我方理应按信用证的规定取回货款。因此，买方的拒绝收货和退款的要求是不合理的；2)本案中，买方应与有关方面联系，确认货物受损和短少的原因，然后
凭保险单及其他证据向有关方面提出索赔，以弥补自己的损失。
V. Please make out the Shipping Advice according to the following particulars: SHANGHAI IMPORT & EXPORT TRADE CORPATION 1321, ZHONGSHAN ROAD, SHANGHAI CHINA SHIPPING ADVICE Date: 2009-08-01 Dear Sirs: TAKAMRA INPORT & EXPORT TRADE CORPATION 324, OTOLIMACH, TOKYO, JAPAN Re: shipment of Contract No. THX040831 Letter of Credit No.HX03072 We wish to advise that the following stipulated vessel will arrive at OSAKA port, on/ about 2004-08-16 , Vessel?s name DONGFANG Voy No. 0707 Form OSAKA to SHANGHAI . We ?ll appreciate to see that the covering goods would on the above vessel on the date of L/C called. C.C. SHANGHAI IMPORT & EXPORT TRADE CORPATION 李军
VI. Please answer the following questions according to the bill of lading given below： （1）托运人： GUANGDONG TEXTILES IMP. AND WOOLEN KNITWEAR CO. , LTD.
15
百度搜索“77cn”或“免费范文网”即可找到本站免费阅读全部范文。收藏本站方便下次阅读，免费范文网，提供经典小说综合文库国际贸易实务第三版课后答案(3)在线全文阅读。
相关推荐：