国际贸易实务 复习资料

Terms

Irrevocable L/C 不可撤销信用证bill of lading 海运提单

Documentary collection跟单托收Inner packing 内包装

force majeure clause 不可抗力条款outer packing 外包装

name of commodity 商品名称insurance premium 保险费

clearing charges 报关费用customs formalities 海关手续

actual delivery 实际交货price quotation 报价

Nude Cargo 裸装货pro forma invoice 形式发票

Fair Average Quality 良好平均品质sale by specification 凭规格销售

more or less clause 溢短装条款profit margin 利润率/毛利率

shipping marks 运输标志sole distribution 独家经销

export license 出口许可证marketing mix 营销组合

Special additional risks 特殊附加险commercial invoice 商业发票

symbolic delivery 象征性交货intellectual property 知识产权industrial property 工业产权credit status 信用资信状况

trade barrier 贸易壁垒anti-dumping 反倾销

clean collection 光票托收certificate of origin 原产地证书

non-tariff barriers 非关税壁垒trade mark 商标

unfavorable balance of trade 贸易逆差favorable balance of trade 贸易顺差favorable balance of trade 贸易顺差customs formalities 海关手续

opening bank 开证行back-to-back letter of credit 背靠背信用证shipping advise 装船通知confirmed irrevocable L/C 保兑的不可撤消信用政price quotation 报价单profit margin 利润率，毛利润

Promissory Note 本票revolving L/C 循环信用证

Confirming bank 保兑行Telegraphic Transfer 电汇

Red Clause Credit 红条信用证insurance certificate 保险凭证Extraneous risks 外来风险particular average 单独海损

Partial loss 部分损失total loss 全损

Theoretical weight 理论重量metric system 公制单位

Warning marks 警示性标志net weight 净重

2. Fill in the blanks .

1. The main instruments of payment are _____ and ______, the latter includes ______ or ______, ______ and _____, among which ______ is the most widely used.

2. In order to protect domestic particular industries, most governments erect tariff in trade, which comes in two types: _____ and _____.

3. The marketing communication mix consists of four tools: ______, _______, ______, and ________.

4. In international trade, there are four systems of measurement, that is _____, the British system, the American system, and ________.

Warsaw-Oxford Rules 1993 stipulates the features of only one trade terms: _____. Revised American Foreign Trade Development 1994 contains 6 trade terms: EX, ____ FAS, C&F, ____, and EX DOCK.

5. To reach an agreement, the international business negotiation generally needs to go through five links: _____, ______, ______, ________, and conclusion of a contract, among which _____ and ____ two indispensible steps.

6. Sales by description is a method to indicate the quality of the commodity, it may take the forms of _________, ______, ________, _______, _________, and _________.

7. There are five ways of measuring the weight of goods, they are: _________, ________, _________, _______, and legal weight.

8. In international trade, markings of commodity are generally classified into four categories: _______, ________, ________, __________.

9. In international trade the main methods of payment are ________, _______, and ________.

10. The draft that is accompanied with shipping documents is called _______, the draft that is not accompanied with shipping documents is called ________.

11. The L/C that is not specified as “revocable” or “irrevocable” is regarded as _______; the L/C that is not specified as “transferable”or “nontransferable”is regarded as ___________.

12. Marine insurance generally covers two risks: _______ and _______. The losses covered by marine risks fall into two categories: _______ and _______.

13. Expenses incurred for rescuing the insured goods are of two types: ________ and _______.

14. There are two types of insurance coverage: basic coverage and additional coverage. Basic coverage mainly includes _______,______ and _______, while additional coverage includes _____________ and _____________.

15. According to the time of payment, a draft can be divided into _________ and _________. According to who the drawer is, a draft can be divided into ______________ and ___________.

16. When disputes arise from international trade, the parties concerned can resolve their disputes through _____, _______or ______.

III. Choose the best answer.

1.According to Incoterms 2000, ____ doesn’t include the main freight.

A. CFR

B. CPT

C. CIP

D. FCA

2. Among the following trade terms, _____ represents the minimum obligation for the seller.

A. FOB

B. FCA

C. EXW

D. CIF

3. Among the following trade term, ____ does not indicates symbolic delivery.

A. CIF

B. CIP

C. CFR

D. EXW

4. ___ is used in a three-party transaction.

A. A back-to back L/C

B. A Reciprocal L/C

C. An irrevocable L/C

D. An unconfirmed L/C

5. For trade terms in Group C, after departure, the risks of loss of or damage to the

goods are borne by .

A. the seller

B. the buyer

C. the carrier

D. the ship owner

6. A _____ is an unconditional order drawn on the bank.

A. draft

B. Promissory note

C. I.O.U

D. check

7. _____ doesn’t belong to remittance.

A. D/D

B. D/A

C. T/T

D. M/T

8. Marketing mix includes product, price, place and ___.

A. personal selling

B. promotion

C. publicity

D. people

9. The exporter will have to take great risks of non-payment when ___ is taken.

A. D/D

B. D/A

C. D/P at sight

D. D/P after sight

10. Which group is used only for sea or inland waterway transportation.

A. FOB and FCA

B. DES and DDU

C. CIF and DEQ

D. CFR and EXW

11. The derived terms of CIF are illustrated who shall bear ____.

A. clearing charge

B. forwarding charge

C. loading charge

D. unloading charge

12. The confirmed L/C is the one confirmed and guaranteed by ___.

A. the issuing bank

B. the collecting bank

C. the remitting bank

D. the negotiating bank

13 .Group ______ is used only for sea or inland waterway transportation.

A. FOB and FCA

B. DES and DDU

C. CIF and DEQ

D. CFR and EXW

14. Under FOB, the seller’s obligations are to____.

A. make export clearance

B. insure the goods

C. chart or book ship space

D. make import clearance

15. Under CIP, the risk dividing line is _____.

A. at the factory

B. the ship’s rail at the port of shipment

C. delivery to the carrier

D. the ship’s rail at the port of destination

16. _______ should be used to calculate the weight of the goods with high economic

value and unsteady moisture content.

A. Gross weight

B. net weight

C. conditioned weight

D. theoretical weight

17. Marketing mix includes product, price, place and ___.

. A. personal selling B. promotion C. publicity D. people 15.

18. ____ is often used in barter trade and compensation trade.

A. Revolving L/C

B. Transferable L/C

C. Back-to-back L/C

D. Reciprocal L/C

19. According to Incoterms 2000, in CPT, the buyer is not responsible for .

A. making a contract of carriage

B. making payment

C. accepting goods

D. clearing goods for import

20. The term DDP should be followed by:

A. point of origin

B. port of shipment

C. port of buyer’s premises

D. port of exportation

21. There are altogether terms defined by the Incoterms 2010.

A. 6

B. 9

C. 11

D. 13

22. _____ has a lot in common with CIP.

A. CFR

B. FOB

C. CIF

D. FCA

23. _______ involves two Ls/C.

A. Revolving L/C and Standby L/C

B. Red clause L/C and Revolving L/C

C. Reciprocal L/C and Back-to-back L/C

D. Confirmed L/C and Irrevocable L/C

24. A company exported a cargo under CIF, but the cargo was destroyed completely on

the sea, the buyer ______.

A. may refuse to pay because the goods was not landed

B. should make the payment against the document provided by the seller

C. may make a claim against the carrier

D. should ask the negotiating to decide whether to pay or not

25. The operation of collection is conducted by ________.

A. the customer and the remitting bank

B. the remitting bank and the collecting bank

C. the presenting bank and the drawee

D. the collecting bank and the presenting bank

26. Warsaw-Oxford Rules 1932 was made up by the Association of International Law for

explaining contract

A. DES

B. FAS

C. CIF

D. CPT

27. According to Incoterms 2000, under CIF, the goods drop into to sea from the tackle when

loading the ship, ____ should bear the loss.

. The seller B. The buyer C. The carrier D. Both the seller and the buyer

28. A _____ is drawn by the importer and sent to the exporter.

A. draft

B. Promissory note

C. I.O.U

D. check

29. If the seller has difficulties in making import clearance, _____ should not be

adopted.

A. DDU

B. FOB

C. DDP

D. CIF

30. A credit can be transferred by ______.

A. the first beneficiary

B. the second beneficiary

C. the third beneficiary

D. any person

31. The derived terms of FOB are illustrated who shall bear ____.

A. clearing charge

B. forwarding charge

C. loading charge

D. unloading charge

32. A check must be signed by ______

A. the drawer

B. the drawee

C. the payer

D. the payee IV. True or false

1. ____ Proper or improper price terms may make no difference between profit and loss,

between seller and the buyer.

2. ____ DDP is the best delivery term for the importer.

3. ____ The terms of delivery are always quoted by the buyer rather than by the seller.

4.____ The import duty is to be paid by the seller under DES.

5.____ Under FCA, the exporter fulfills his obligations by supplying the goods to the

airport authority.

6. ____ Each term has a “liability point’, which means that costs and risks are all moved

over to another party from that very point.

7._____Price terms are mainly applied to determine the prices of commodities in

international trade.

8. _____FCA and CPT have one thing in common that the seller delivers when the

goods are handed over to the first carrier nominated by the buyer.

9_____All terms starting with a “D” are arrival contract terms and they all indicate actual

delivery.

10____ According to general practice, if FOB is not followed by stowed or trimmed, the buyer should pay the stowing or trimming charges.

11．_____ In international trade, the Metric System is the only calculating system allowed to indicate the quantity of goods.

12. _____Net weight refers to the actual tare of all the packing materials.

13. _____ Demand Draft is also called remittance by banker’s demand draft.

14. ____ An offer is terminated when it is rejected or over the term of validity.

15. ____ One of the similarity between FCA/CPT/CIP and FOB/CFR/CIF is that all are

symbolic delivery.

16.____ In order to build the market picture, the exporter has to gather a great variety of

information for his decision-making.

17.. _____There are many ways of direct investigation: by visits, personal interviews,

telephone contracts with customers, sending questionnaires and so on.

18. ___The more or less clause in a sales contract allows the seller to deliver as more or

as fewer goods as he wants.

19. ____ Quantity clause of goods is an essential term in a effective contract.

20. ____ Some agricultural products are often sold by name of origin.

21. ____ Under Collection, the bank should be liable for non-payment of the importer

22. ___ Conditioned weight is usually adopted to measure goods of high economic value

and unsteady moisture content.

23.. ____ EXW should not be used if the buyer can’t carry out the export formalities. In

such circumstance, the trade term FCA should be used.

24. _____The information about the credit or financial standing of an overseas trader can be obtained only from banks.

25._____ The contract which is generally adopted in import and export business is the

informal written contract, either a sales contract or a purchase contract.

26.. ___ “Quote Honey ELA 200 metric tons June shipment reference price USD 1050.00

CIF New York” is a firm offer. （3）

27. ____ Under Collection, the bank should be liable for non-payment of the importer.

28. _____ Any discrepancy in the commercial documents will make the bank refuse to

negotiate.

29.. ____ When a transaction is concluded by the buyer’s sample, the seller should

beware of the issue of intellectual property. （6）

30. ___ Large-sized machines are sold not only by brand name or trade mark but also by

illustration.

31. ____ If part of the raw materials and equipments are destroyed by a fire, the seller is

exempt from his obligation of implementing the contract.

32. ___ If the buyer failed to issue an L/C within the stipulated time, and the seller doesn’t

want to break off the transaction, he may urge the buyer to open the L/C and still preserve his right to claim against the buyer.

33. ____ Quality standard and safety standard are non-tariff barrier that can restrict

imports effectively.

34. ____ Foreign exchange control is a tariff barrier that can restrict imports effectively.

35. ____ When nations export more than they import, they have an unfavorable balance of

trade. When they import more than they export, a favorable balance of trade

exists.

36.______An offer without engagement is made when a seller promises to sell goods at a stated price within a stated period of time.

37.. ______Countries with different political and economic systems take different attitudes toward foreign trade and their policies related to import and export, foreign exchange control, customs duties may not greatly affect the demand for your products.

38.------ Both offer and acceptance can be withdrawn and revoked.

39.. ------ The two integral links in international trade negotiation are offer and counter

offer.

40.. ____Conditioned weight is usually adopted to measure goods of high economic value

and unsteady moisture content.

41. ____ Under CFR Liner Terms, the buyer bear the unloading charge.

42. ____ EXW indicates actual delivery.

43. ___ The commonly-used ways to measure the weight of goods are by gross weight,

by net weight, by conditional weight and tare weight.

44. ____ EXW should not be used if the buyer can’t carry out the export formalities. In

such circumstance, the trade term FCA should be used.

45. _____ A promissory note is an unconditional order to pay in writing

46. __ G.M.Q and F.A.Q are to general terms, when in use, they are often supplanted by

some concrete specification. （

47. _____ If a buyer agree to take delivery of the excessive part of goods, he should pay

them at contract price or market price..（6）

48. _____ Demand Draft is also called remittance by banker’s demand draft.

49. _____ If an L/C doesn’t specify either as being revocable or irrevocable, it will be

regarded as irrevocable.

50.____ If an L/C doesn’t specify either as being revocable or irrevocable, it will be

regarded as irrevocable.

51. ____ Usually, an L/C can be transferred two times.

52 _____ A transferable L/C can be transferred in whole partially to one or more than one

second beneficiary.

V. Case Analysis

Case one

某公司从美国进口瓷制品5000件，外商报价为每件10美元FOB Vessel New York，我方如期将金额为50000美元的不可撤销即期信用证开抵买方，但美商要求将信用证金额增加至50800美元，否则，有关的出口关税及签证费用将由我方另行电汇。

问：美商的要求合理吗？为什么？我们应从中吸取什么教训？

According to Revised American Foreign Trade Definition 1941,under FOB, the buyer will handle export customs formalities and pay all the expenses and duties.

The lesson we get from this case is: when negotiate business with clients from American countries, which rule is adopted, or issues about the clearing charges, export duty and other expenses should be clearly stipulated.

Case two

我某公司以FCA贸易术语向南非出口货物一批，双方约定由我方代为指定承运人并垫付有关运费，最迟的装运期为4月12日。我方业务员于4月10日将货物交给我方代为指定的承运人并于当天通知买方，承运人收妥货物后存于仓库待运。4月12日，由于仓库电线短路起火，全部货物被烧毁。当南非商人得知货物被毁后拒付货款和运费。问：南非商人的拒付是否有理？为什么？

The African merchant should not refuse to pay the goods and freight. Because under FCA, the risk is transferred to the buyer when the goods are delivered to the carrier. In this case, the goods are destroyed in the warehouse of the carrier, the risk shouldn’t be taken on by the seller.

Case three

我方与荷兰某客商以CIF条件成交一笔交易，合同规定以信用证为付款方式。卖方收到买方开来的信用证后，及时办理了装运手续，并制作了一整套结汇单据。在卖方准备到银行办理议付手续时，收到对方来电，得知载货船在航海运输途中遭遇意外事故，大部分货物受损，据此，买方表示将等到货损情况确定以后，才同意银行向卖方支付货款。

问：1. 买方的做法是否正确？为什么？

2. 买方应如何处理此事？

1. The buyer should not refuse or delay payment.

The reasons are: 1) CIF indicates symbolic delivery. The seller fulfills his obligation of delivery and does not guarantee whether the buyer will receive his goods. 2) According to Incoterms 2000, under CIF, the risk has been transferred to the buyer when the goods cross the ship’s rail.

2. The buyer should make the payment against the documents represented by the seller without delay.

For the losses, he may claim a lodge against the insurance company.

Case four

公司与B公司签订了一份国际货物买卖合同，由A公司向B公司销售一批货物，双方在合同中规定信用证付款。合同订立后，B公司依约开来信用证。该信用证规定，货物最迟装运期至9月30日，提单是受益人A公司应向银行提交的单据之一，信用证的到期日为10月15日，信用证未规定交单期。A公司于9月12日将货物装船并取得提单，提单日期为9月13日。10月5日A公司向银行交单议付，银行以已过交单期为由拒绝付款。

问：银行是否可以拒付?银行可以拒付。

The bank may refuse to negotiate. According to UCP600, the exporter should present documents to the negotiating bank within 21 days after the date of the bill of lading, otherwise, the bank will refuse the documents. In this case, the date of the B/L is September, 13, the exporter should present the documents before the 4th of September. Case five

中国某公司与国外成交红枣一批，合同与开来的信用证上均写的是三级品。但到发货装船时才发现三级品的红枣库存告罄，于是改为二级品交货，并在发票上加注：二级红枣仍按三级计价。问：这种以好顶次的作法会产生什么后果？怎样解决这个问题？

According to UCP600(跟单信用证统一惯例), the description of goods in commercial invoice must conform to that in the L/C. But the situation in this case is contradictory to this rule. Therefore, the negotiating bank may refuse to negotiate, and though the goods delivered is better in quality, the buyer still can take the discrepancy as an excuse to refuse the whole lot and lodge a claim against the seller, especially when the market is falling.

Solution: To delivery dates of grade B, but marked on the commercial invoice is Grade C . Case six

中国出口苹果酒一批，国外来证货名为Apple Wine为使单证一致，所有单据均用“Apple Wine”。不料货到国后遭到海关扣留罚款，因为该批货的外包装上均使用“Cider”字样，外商要求我方赔偿其损失，问中方有无责任？为什么？

Yes, the Chinese seller should take the responsibility.

Cider indicates both Apple wine and Apple juice, the rate of customs duties are different, and will bring troubles for customs supervision, statistics etc., and will be fined. So, the name in all documents must be in accordance with that on the package.

我出口公司于11月1日向美商A发盘供应某商品，限时11月10日复到有效。11月3日我方收到美商的电传表示接受，但提出必须降价5%。当我方正在研究如何答复时，由于该商品的国际市场发生对美商有利的变化，于是该商又在11月7日来电传表示无条件接受我方11月1日的发盘。我方未予置理，而是于11月9日把该批货物卖给另一美商B，随后，双方就合同是否成立产生了争议。我方的做法是否合理？双方的合同关系是否成立？