函电Chapter12-2.ppt

Reference for case study (chapter11) This contract is not a real CIF contract. As noted in the textbook, contracts using the C-terms are shipment contracts, which means the seller’s obligation to arrange and pay for the carriage does not in itself extend its delivery obligation up to the point of destination. On the contrary, the risk of loss of or damage to the goods will pass at the point of delivery. Reference for case study (chapter11) But in the case, the clause which states that “The seller ensures that the ship arrive at British ports on Dec. 2nd. If the ship arrives at the port of destination later than December 2nd, the seller should agree to cancel the contract at the request of the buyer. If the payment has been made, then the seller should refund the buyer for the payment.” changes the very nature of the C-terms. The parties could be taken to have meant that the goods must actually arrive at British ports at the specified date, in which case the contract is not a shipment contract but an arrival contract. Case Study (chapter12) 1. Chinese Exporter A sold 2 million metric tons of Chinese Northeast Soybean to French Importer B. The contract stipulated: “Moistrue (max.) 15%, Oil content (min.) 18%, Admixture (max.) 1.5%.” Afterwards, A sent some samples to B and informed B in a fax that the goods delivered were the same as the samples. But when the goods arrived at the destination, B found the quality of the goods was not in conformity with the goods. It then presented a commodity inspection and made a claim against A. Fortunately the dispute was finally settled by conciliation. Make your comments on this case. Case Study (chapter12) 2. Japanese distributor A ordered a batch of the West Lake Longjing tea, Grade II from a Chinese company B. When B was about to deliver the goods, B found that their stock was running short. In order to effect shipment as scheduled, B supplemented some tea of Grade I and informed A that the supplemented tea would be priced the