进出口实务与操作 考试重点.doc

Import-export transaction 进出口交易Minimize risk 风险最小化Purchasing power 购买力Principal-principal relationship 直接贸易关系Title of cargo 货物所有权Procurement programs 采购项目Turnkey operation 交钥匙项目Franchise contract 特许经销合同Multinational enterprise（MNE）跨国公司Joint venture 合资企业Portfolio investment 证券投资Protectionist policies 贸易保护主义政策Fulfill the contract 履行合同Method of payment 支付方式Law enforcement 法律的实施Revenue collection 征收税务Freight forwarder 运输行Logistics company 物流公司Customs broker 海关经纪人Shipping line 船运公司Barge line 内陆货船航线Government regulatory agency 政府执法机构Document collection 跟单托收Inspection company 检验公司Notary public 公证员Chamber of commerce 商会Consular office 领事处Trade terms 贸易术语Rights and obligation 权利与义务Distribution of risk 风险的划分、分配Provision of goods 提供货物Export、import license 出口、进口许可证Contracts for carriage and insurance 运输合同和保险合同Nominated delivery point and date 指定的交货地点与日期Transport costs and other charges 运费和其他费用Bill of lading 提单Clean bill of lading 清洁提单Insurance policy 保险单Importers perspective 进口商的看法Firm quotation 实盘Payment of duty 付税Export formality 出口手续Customs clearance 结关Named port of shipment指定的装运港Explicit wording 明确表达、措辞明晰Goods pass the ships rail 货物越过船舷Across the ships rail 越过船舷Procure marine insurance 获得海上保险Insurance premium 保险费，保费Inland waterway transport 河道运输Transfer of title 产权转移Passage of title 所有权转移Make express reservation of title对所有权做出明确保留Sold by description 凭说明销售Appropriated to the contract 划拨到合同项下Exporters competitive advantage 出口商的竞争优势Inland freight内陆运费Credit insurance 信用保险Financial guarantee 资金担保Legal interpretation 法律解释Legal system 立法制度Judicial system司法制度Foreign exchange reserves 外汇储备Honour payment支付Confirming bank 保兑行Project engineering项目管理Overhead costs费用开支Negotiating brief谈判方案Negotiating plan 谈判计划Limited liability company有限责任公司Nonprofit corporation 非营利性公司Cleared through customs 通关Instruction of payment支付票据Title to the goods货物所有权Third-party liability 第三方责任File suit 提起诉讼Governing law 适用的法律Product liability产品责任Invitation to deal 要约，邀请Double insurance 重复保险Proximate cause 近因Actual total loss 实际全损Partial loss部分损失Construction total loss推定全损Valued policy定值保险单Unvalued policy 不定值保险单Voyage policy航程保险单Time policy 定期保险单Mixed policy混合保险单Floating policy流动保险单Insurance certificate 保险凭证1、The “Warrsaw-Oxford Rules1932 T2. The Revised American Foreign Trade Definitions 1941”is adopted in the USA, Canada and some other European countries. F3 FOB term in Incoterms 2000 is quiteT4. In a CFR contract under Incoterms 2000 T5. Under a CIF Tianjin term (Incoterms 2000 ), the seller delivers when the goods reach Tianjin port. F6. Among the 13 terms in Incoterms 2000, the seller assumes the least liabilities in EXW, but greatest liabilities in DDU contract. F1. International sales contracts concerning consumer goods sold for personal use come under CISG. F2 When an international seller and buyerT3The term” trade usage” refers to the customsT4. Under the CISG, all contracts for the sale of goods must be in writing. F5. If the price term is not freed under CISG there is no way to have a valid sales contract. F6. The CISG requires that an acceptanceT7. Under the CISG, a firm offer is limited in time to no more than 3 months. F8. Under the CISG, a general advertisement in generally considered as an offer. F9. The sale of services is not covered under CISG jurisdiction. T10. The United Nations Convention on Contracts for the International Sale of Goods (CISG) was developed to help provide uniformity in international law in regard to sales contracts. FCIF、DEQ、CFR followed by port of destination EXW followed by point of originDDP、DAF followed by place of destinationFOB followed by port of exportationFAS followed by port of shipment DES followed by port of importationFCA followed by named place in sellers country汇票 bills of the exchange An unconditional order in writing ,signed by a person(drawer)such as a buyer ,and addressed to another person(drawee),typically a bank, ordering the drawee to pay a stated sum of money to yet another person(payee),often the seller, on demand or at a fixed or determinable future time. 海运提单（Bill of lading）a bill of lading is a document issued by a carrier to a sipper(exporter/seller/consignor),signed by the captain, agent ,or owner of a vessel, furnishing written evidence regarding receipt of the goods(cargo), the conditions on which transportation is made(contract of carriage), and the engagement to deliver goods at the prescribed port of destination to the lawful holder of the bill of lading. 包装及标准（Packing）货物具有防潮、防腐蚀、防震并适合于远洋运输的包装，由于货物包装不良而造成的货物残损、灭失应由卖方负责。卖方应在每个包装箱上用不退色的颜色标明尺码、包装箱号码、毛重、净重及“此端向上”、“防潮”、“小心轻放”等标记。The packing of the goods shall be preventive from dampness, rust, moisture, erosion and shock, and shall be suitable for ocean transportation/ multiple transportation. The Seller shall be liable for any damage and loss of the goods attributable to the inadequate or improper packing. The measurement, gross weight, net weight and the cautions such as “Do not stack up side down”, “Keep away from moisture”, “Handle with care” shall be stenciled on the surface of each package with fadeless pigment. 质量保证（Quality Guarantee）货物品质规格必须符合本合同及质量保证书之规定，品质保证期为货到目的港-个月内。在保证期内，因制造厂商在设计制造过程中的缺陷造成的货物损害应由卖方负责赔偿。 The seller shall guarantee that the commodity must be in conformity with the quality, specifications and quantity specified in this Contract and Letter of Qualify Guarantee. The guarantee period shall be _ months after the arrival of the goods at the port of destination, and during the period the Seller shall be responsible for the damage due to the defects in designing and manufacturing of the manufacturer. 不可抗力（Force Majeure）凡在制造或装船运输过程中，因不可抗力使卖方不能或推迟交货时，卖方不负责。在发生上述情况时，卖方应立即通知买方，并在-天内，给买方特快专递一份由当地民间商会签发的事故证明书。在此情况下，卖方仍有责任采取一切必要措施加快交货。如事故延续-天以上，买方有权撤销合同。The seller shall not be responsible for the delay of shipment or non-delivery of the goods due to Force Majeure, which might occur during the process of manufacturing or in the course of loading or transit. The Seller shall advise the Buyer immediately of the occurrence mentioned above and within _ days, thereafter the Seller shall send a notice by courier to the Buyer for their acceptance of a certificate of the accident issued by the local chamber of commerce under whose jurisdiction the accident occurs as evidence, thereof. Under such circumstances the Seller, however, are still under the obligation to take all necessary measures to hasten the delivery of the goods. In case the accident lasts for more than _ days the Buyer shall have, the right to cancel the Contract.争议的解决（Arbitration）凡因本合同引起的或与本合同有关的任何争议应协商解决。若协商不成，应提交中国国际经济贸易委员会深圳分会，按照申请仲裁时该会现行的有效的仲裁规则进行仲裁。仲裁裁决是终局的，对双方均有约束力。Any dispute arising from or in connection with the Contract shall be settled through friendly negotiation. In case no settlement is reached, the dispute shall be submitted to China International Economic and Trade Arbitration Commission(CIETAC)，Shenzhen Commission for arbitration in accordance with its rules in effect at the time of applying for arbitration. The arbitral award is final and binding upon both parties.Purchase Contract Contract No. : 98CFGHCN03 Date: Signed at: The Buyer: Tianjin Import Export Corporation, ChinaThe Seller: ABC Electronics Co. Ltd, USA The Seller and the Buyer agree to conclude this Contract subject to the terms and conditions stated bellow: Name of Commodity: Electronic Product Specification: Commodity No.44864- Quantity: 1,000 pieces Total Price: US $ 5，000 Packing: Strong Wooden Cases Shipping Mark: 98CFGHCN03 Insurance: Covered by Seller Terms of Payment: The Buyer shall, 10 days prior to the time of delivery,open an irrevocable Letter of Credit in favor of the Seller. Port of Loading: New York, US Port of Destination: Xingang TianjinTime of Delivery: October 2005 Representative of the Buyer: Representative of the Seller:Agreement8 September 1997Buyer: M/S Clipper Trading Co.，Pty Ltd (hereinafter called party B)Seller: China National Light Industrial Products Imp. & Exp. Corp.，Beijing Branch (hereinafter called party A)This agreement is made by and between the buyer and the seller，whereby the buyer agrees to buy and the seller agrees to Sell the under-mentioned goods subject to the terms and conditions stipulated below:Commodity: Working GlovesSpecification: SUR 100 P79252 (Patterns provided by Party B)Unit Price: SUR 100 at RMB 6.00 per dz. P79252 at RMB 9.0 per dz. C&F Sydney According to the agreement，1 .Party B shall provide Party A，free of charge，with 50,000 sq. ft. of Cow Split leather and be responsible to make the goods reach Xingang in December 1997.2. Party A shall, after 200dz. of Working Gloves are turned out，inform Party B of the consumption of the material provided by Party B，for the consideration of further supply.3. Disputes，if any，shall he Settled through friendly negotiation.Representative of the Buyer(Authorized signature):Representative of the Seller(Authorized signature): Sales Confirmation No. 05c137 Qingdao, 3 March, 2005Buyer: Smith Trading Co. Ltd,Seller: Shangdong Native Produce and Animal By-products Import and Export Corporation This contra