国际贸易 简答题

Explain the difference between international trade and domestic trade?

1)differences in legal system

2)differences in currencies

3)differences in cutural background

4)differences in natural and economic conditions

what is more or less clause

The buyer and seller stipulate in a sales contract that the seller is allowed to deliver the goods Within a certain percentage of more or less than the contracted quantity.

1.what is the quality tolerance?what is quality latitude?what’s the

difference between the two?

quality tolerance：Quality tolerance means an allowed deviation in quality stipulated by an international organization and recognized internationally.

quality latitude：Quality latitude means that the seller and buyer agree that the quality of the deliveredgoods can vary with an agreed range.

Difference:

quality tolerance:allowed to deliver the goods within a certain range of tolerance.

quality latitude : ①stipulate a certain scope

②stipulate more or less clause

③stipulate “max”or”min”

what are the similarities and differences among FOB,CFR and CIF?

Similarities:①the same way of delivery: they are symbolic delivery.the seller’s delivery

voucher buyer of the payment voucher

②the same the mode of transportation: they are used for port-to-port waterway

transportation

③the same place of delivery: seller is on board a ship in the export country

④the same as the export customs clearance formalities:the seller

⑤the same risk transfer:the ship in port of shipment

Differences: 1. FOB requires the buyer to arrange and pay for the ocean transportation;2. CFR requires the seller to arrange and pay for the ocean transportation; 3. CIF requires the seller to arrange and pay for the ocean transportation and insurance against the buyer’s risk.

2.What is symbolic delivery?

Symbolic delivery means that the seller fulfills his obligation of delivery by transferring the necessary documents representing the title to the goods and the buyer at the stipulated time.

Explain the calculation of Export Exchange Cost and Profit and Loss

Ratio

Export Exchange Cost :merchandise exports net income how many RMB in return $1

Profit and Loss Ratio ：an important index to measure the degree of export profit or less

1.what are the provisions for partial shipment and transshipment according to UP600?

Partial shipments:1.unless otherwise stipulated ,partial shipment is allowed

2. The goods under the same one contract and loaded on the same vessel will not be regarded as covering a partial shipment.

3. If a drawing or shipment by installments within given periods is stipulated in the credit and any installment is not drawn or shipped within the period allowed for that installment，the credit ceases to be available for that any subsequent

Transshipment:Transshipment is allowed when the sales contract has a clause like “Transshipment to be allowed”.

2.What are the natures ,functions and types of Bill of Lading ?what are the characteristics of rail transport?

Bill of lading Natures:①a receipt of cargo

②a document title to the goods

③an evidence of the contract of carriage

Function:it is an important shipping document that,together with the the

insurance policy and commercial invoices ,constitutes the chief

shipping documents indispensable to foreign trade

rail transport:large capacity,high speed,punctual,less prone to bad weather,low risk

1.What are the conditions of General Average

1.General average risk must be real or inevitably produced, not subjective Speculation.

2.In order to relieve the joint dangerous cargo ship to take, conscious, rational measures

3.The sacrifice is special, and the cost of spending is extra.

4.The cost of sacrifice and expense is ultimately effective.

1.what is the difference between PA and PC?

1.differenceCauses of damage :

particular average :is directly caused by sea junction for loss of goods, no

man-made factors, '

general average:The loss caused by the intentional actions of the people

2.Different loss bearing

particular average :Losses are borne by the injured party.

general average：Is the benefit from the value of the property in accordance

with the number of the value of the common share

what is the endorsement of the bill of exchange ?how many ways types are there for the endorsement?

Endorsement: it i s a kind of behaviorThe holder of a bill of exchange is to sign his name on the back of the bill,Or the name of the

endorsement,And the bill ofexchange to the endorsement

Types:1.blank endorsement

2.special endorsement

1.What are the difference between D/P after 30 days sight an D/a after 30 days sight?

1time; D/P: can either be payable at sight at sight or some days after sight

D/A:can only be payable after sight

2.payment D/P:the buyers make payments before they obtain the goods

D/A :when the collecting banks present the relative bills or

documents to the buyer,they don’t need to pay for them at

once

An exporter concluded:

买卖双方要遵守合同，不能违约。作为消费者也许愿意接受，双方可以延迟交易或者重拟合同

A trade exports a batch of:

The contract is not a CIF contract because:

(1)CIF contracts are shipment contracts, according to which the seller should deliver the goods

on board the nominated ship at port of loading for shipment to the destination within specified time and bear no risks or expenses during the shipment of the goods. In the above case, the seller shall ship the goods to Hamburg not later than 5th December or else, the buyer has the right to cancel the contract. This substantially alters the character of shipment contracts.

(2)CIF is used for symbolic delivery in which the seller delivers the goods against documents

while the buyer pays against documents. In the above case, the seller shall refund to the buyer if settlement have been made. This alters the characters of symbolic delivery.

In conclusion, contract in the above case is not a shipment contract anymore.

A chinese company finalized

a 卖方按照合同规定履行了各项义务，造成货物到港延误的原因是船公司擅自改变运

输安排，卖方对此并不知情。

b 卖方把CIF理解成“到岸价格”存在错误，混淆了承担风险与承担费用的区别。如

果把CIF理解成“到岸价格”，那么CIF就变成了一个到岸合同术语（arrival

contract term）了，而实际上它应该是个装运合同术语(shipment contract term)。

c 因此，卖方在此情况下不应进行赔偿，而是应该协助买方向船方进行索赔。

An FOB contract stipulated

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。

Yuan heng trading（1）It is transshipment. According to UCP600:“Transshipment means unloading formone means of conveyance and reloading to another means of conveyance (whether or not in different modes of transport) during the carriage from the place of dispatch, taking in charge or shipment to the place of final destination stated in the credit.”While in this case, the goods were shipped by “Sheng Chang”on Jul.30th，and loaded on the ship “Fortune”. Both ships were totally different，so it is transshipment.

(2).The seller could safely get payment for goods as a result of conformity with the letter of credit clauses.

Break the stipulated of the L/C

The exporter did not break the stipulations of the L/C, because the partial shipment is allowed.

A trading company exported 1000

The losses of 200 bales was covered with WPA .WPA covered partial losses of the insured goods caused by nature calamities. In this case，accidents came after natural calamities. So，the losses of 200 bales shall be indemnified by the insurance company.

Explain the reason

The insurance company shall disclaim compensation according to W/W clauses，that is，when the cargo is transshipped，the liability of insurance company ends. Company A

The bank has the right to dishonor the goods. As the seller’s lawyer，he should notify the opening bank and extend the time of validity of the L/C.

Exploration in brief

Chinese company should deliver the goods according to the stipulations and present the documents to that foreign bank in china for negotiation. Because according to Uniform Customs and practice for documentary credits, once the L/C has been confirmed, the confirming bank together withthe issuing bank, becomes the first payer and shoulders the responsibility to effect payment to the beneficiary, without theagreement form the beneficiary, the confirmation should not be cancelled. So long as the beneficiary has presented thequalified documents to the confirming bank within the validity period, the

confirming bank must make the negotiation or payment

In a business negotiation

（1）T he exporter should have risk awareness and consider the buyer’s credit position；（2）Use payment of greater safety；

（3）choose a famous bank to issue L/C

（4）be more careful

Trade terms 贸易术语Trade customs 贸易习俗Trade practice 贸易惯例Import trade 进口贸易Export trade 出口贸易Sales contract 销售合同Export procedure 出口程序Import procedure 进口程序

Quality 质量specification 规格reference sample 参考样品Counter sample 回样grade 等级quality tolerance 质量误差Quality latitude 质量范围conditioned weight 公量gross for net毛重

Gross weight毛重net weight 净重more or less clause溢短装条款Tare 皮重transport packaging运输包装sales packaging 销售包装Shipping mark指示标志OEM原产地设备生产商

FOB船上交货CFR 成本+运费CIF 到岸价

FCA 货交承运人CPT 运费付至CIP运保费付至

Physical delivery实际交货symbolic delivery 象征性交货trade terms 贸易术语International trade customs 国际贸易惯例delivery 交货transfer of risk 风险转移Customs clearance 清关

Purchase cost 购买成本domestic cost 国内成本export exchange cost 出口换汇成本Profit and loss ration of export commodities 出口商品的盈亏率tax refund 退税

Tax rebate rate 退税率commission 佣金discount 折扣，贴现Fixed price 固定价格unfixed price 不固定价格

Ocean transport 海运liner 班轮charter 租船

Bill of lading 提单on board B/L 租船提单order B/L 指示

Clean B/L 清洁提单container transportation 集装箱运输

Port of destination 目的港partial shipment 分批装运transshipment 转运multimodal transportation 多式联运

Actual total loss 实际全损constructive total loss 推定全损insurance policy 保险单Insurance certificate 保险凭证sum insured 保险金额insurance premium 保险费Perils of the sea 海上风险extraneous risks 外来风险special risks 特殊外来风险Subject matter 标的物the insured 被保险人underwriter 承保人Subrogation 代位求偿utmost good faith 最高诚信

Draft (bill of exchange) 汇票presentation 提示dishonor 拒付

Beneficiary 受益人right of recourse 追索权advising bank 通知行Promissory note 本票remittance 汇款collection 托收

Opening bank 开证行applicant 开证人T/T电汇

M/T 信汇D/D 票汇D/P 付款交单

D/A 承兑交单

Compulsory inspection 强制性检验the catalogue 商品目录inspection authority 检验机构Inspection certificate 检验证书inspection method 检验方法re-inspection 复验Dispute 争议claim 索赔penalty clause 违约条款

Arbitration 仲裁arbitration agreement 仲裁协议arbitration award 仲裁裁决Arbitration body 仲裁主体arbitration tribunal 仲裁法庭arbitrator 仲裁人

Force majeure 不可抗力termination of the contract 终止合同

Postponement of the contact fulfillment 合同执行的延迟

Enquiry 询盘offer 报价counter offer 还盘acceptance 接受

Firm offer 实盘offeror 报盘人offeree 受盘人alidity 有效期Withdrawal 撤销revocation 终止invalidation 失效late acceptance 延迟接收Effective contract 有效合同confirmation 确认书agreement 协议Menorandum 备忘录head 约首general clause 一般条款Main body 主体ending 约尾