国际贸易实务 (2)

国际贸易实务(英文版) International Trade PracticeChapter one1 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 twoIII Explain the following terms1 shipment contract答： Shipment contract is a contract using an Incoterm whichindicates that the delivery happens at the time or before the time of shipment.2 symbolic deliverySymbolic 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 contractArrival contract means a contract using an Incoterm which indicates that the delivery happens when the goods arrive at the destination.4 actual deliveryActual delivery refers to a delivery situation in which when the seller delivers the buyer does physically receive the goods.IV. Short questions1 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 ofshipment”, if Hamburg is the port of shipment, from the Chinese trader’s perspective, he is importing.V．Case Studies1. (变形) An FOB contract stipulated, "The shipment will be effected in March2008. 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." it turned out that under the seller's repeated requests, the vessel named by 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 andinterest due to the delay?(2)If the seller had sold the goods to a third party on April 25, should the buyerpay 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 seller guaranteesthat 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 "arrival 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。