第七章__交货时间和地点.ppt

Delivery Time and Place Article 37 If the seller has delivered goods before the date for delivery, he may, up to that date, deliver any missing part or make up any deficiency in the quantity of the goods delivered, or deliver goods in replacement of any non-conforming goods delivered or remedy any lack of conformity in the goods delivered, provided that the exercise of this right does not cause the buyer unreasonable inconvenience or unreasonable expense. However, the buyer retains any right to claim damages as provided for in this Convention. Article 49 Article 52 (1) If the seller delivers the goods before the date fixed, the buyer may take delivery or refuse to take delivery. (2) If the seller delivers a quantity of goods greater than that provided for in the contract, the buyer may take delivery or refuse to take delivery of the excess quantity. If the buyer takes delivery of all or part of the excess quantity, he must pay for it at the contract rate. Outline: The concepts of “delivery” and “shipment” Delivery time Shipping port (place) and destination port (place) Partial shipment and transhipment Shipping clauses The concepts of “delivery” and “shipment” Time of delivery and time of shipment Symbolic delivery (constructive delivery) Actual delivery Delivery time Shipment during March ,2005 Shipment during Feb./Mar.2005 Shipment not late than the end of June 2005 Shipment on or before July 15th 2005 Shipment within 45 days after receipt of L/C Subject to shipping space available Subject to approval of export licence Not prompt shipment / immediate shipment shipment as soon as possible Shipping port (place) and destination port (place) 装运港（地）和目的港（地）关系到： 1、卖方于何地履行交货义务 2、货物的风险何时由卖方转移至买方 3、运输的安排,运费、保险费以及成本核算和确定售价等问题。 因此,必须在国际货物买卖合同中作出具体规定 ? Shipping port (place) 1、 装运港或装运地一般由卖方提出经买方同意后确定。 2、原则上应选择靠近产地,交通便捷,费用低廉,储存仓库等基础设施比较完善的地方。 3、买卖合同通常只规定一个装运港或装运地, 如“装运港:上海”(port of shipment :Shanghai) 4、如交易数量