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1、Main Points of this Chapter,Calculating Units of Quantity of the Goods,Methods of Calculating Weight,Chapter 6 Quantity of Commodity,Introduction,Quantity clause is one of the essential terms and conditions for the conclusion of a transaction in the contract. Convention requires that the quantity of
2、 goods delivered should be identical to that called for in the contract, otherwise the buyer is entitled to reject the portion of goods excessive in quantity, and to claim against the seller if the quantity is found to be less than that called for in the contract.,refers to the weight, number, lengt
3、h, volume, area, capacity, etc. which are indicated by different measuring units.,Because different countries have different systems on calculating units such as length, capacity and weight, the units of measurement vary from a country to another. Furthermore, the same unit of measurement may repres
4、ent different quantities.,Section One Calculating Units of Quantity of the Goods,e.g. “ton”,The commonly used systems in the world are the Metric System, the British System and the U. S. System.,长度换算,容积换算,1Weight(重量),It is usually used for mineral products, agricultural and by-products such as wool,
5、 cotton, grains and ore products. E.G. metric ton or kilo ton, long ton or gross ton, short ton or net ton, gram(g), kilogram(kg), ounce(oz), pound(lb), gram,2Number(个数),Constantly used for measurement of industrial products and general products:ready-made clothes, stationery, paper, toys and so on
6、E.G. :piece(pc), package(pkg), pair, set, dozen(doz), gross(gr), ream(rm), roll or coil, etc.,3Length(长度),It is mostly used for textile products, metal cords, electric wires, ropes and so on, such as meter(m), foot(ft), yard(yd), etc.,4Area(面积),It is often used in trade of glass, textile products su
7、ch as carpets, etc. like square meter, square foot, square yard and the like. Often we add thickness in the contract.,5Volume(体积),It is generally used for timber/wood, chemical gases, etc., it includes cubic meter, cubic foot, cubic yard, etc.,6Capacity(容积),It is mostly used for grain, petroleum/oil
8、, etc. The commonly used capacity units are liter, gallon, bushel and so on.,7.Package(包件),It is often used in the packing of cement, cotton, tin food and so on, such as bag, carton, case, bale, etc,In international trade, goods are most often measured in the units of weight. The methods to measure
9、the weight of goods are stated as follows.,Section Two Methods of Calculating Weight (计算重量的方法),Weight Calculation (按毛重计算),By Net Weight (按净重),Conditioned Weight (公量),Theoretical Weight (理论重量),Legal Weight (法定重量),Weight Calculation(重量的计算),Gross weight is the sum of total weight of the commodity itsel
10、f and the tare (the package weight).,1) By Gross Weight(按毛量),2) By Net Weight(按净重),Net weight is the actual weight of commodity without the addition of the tare. In international trade if the goods are sold by weight, the net weight is often used.,It is customary to calculate the weight by net weigh
11、t if the contract does not stipulate definitely by gross weight or by net weight.,(1) By actual tare: The actual weight of packages of the whole commodities.,(2) By average tare: In this way, the weight of packages is calculated on the basis of the average tare of a part of the packages.,Four Ways t
12、o Calculate Tare Weight,(3) By customary tare: The weight of standardized package has a generally recognized weight which can be used to represent the weight of such packages.,(4) By computed tare: The weight of package is calculated according to the tare previously agreed upon by the seller and the
13、 buyer instead of actual weight. Occasionally, the weights of some commodities are usually calculated by conditioned weight and theoretical weight。,This refers to the kind of weight derived from the process, with which the moisture content of the commodity is removed and standardized moisture added
14、both by scientific methods. This kind of calculating method is suitable to those cargoes, which are of high economic value and with unsteady moisture content (whose water contents are not stable), such as wool, raw silk, etc.,3) Conditioned Weight(公量),The Formula Of Calculating Conditioned Weight,Co
15、nditioned Weight,actual weight(1+standard regaining rate of water),1 + actual regaining rate of water,Dried Weight + Standard Moisture,The accepted international standard regaining water content of wool and raw silk is 11%.,计算:,某厂出口生丝10公吨,双方约定标准回潮率是11%,用科学仪器抽出水分后,生丝净剩8公吨。,某厂出口生丝的公量是多少?,8,净剩的8公吨为干量,,
16、公量=干量+标准含水量 =8+8*11% =8.88(公吨),4) Theoretical Weight(理论重量),Commodities that have regular specifications and fixed regular size, such as galvanized iron, tin plate and armor plate are often subject to the use of theoretical weight. So long as the specifications and the size of such commodities are th
17、e same, their theoretical weight is constructed by the number of the sheets put together.,5) Legal Weight(法定重量),Legal weight is the weight of the goods and the immediate package of the goods. Such kinds of goods include cans, small paper boxes, small bottles, etc. 法定重量指货物和销售包装加在一起的重量,像罐、小纸盒、小瓶这样的商品常
18、常采用法定重量计算方法。,Quantity Tolerance (数量机动幅度条款 ),Quantity Latitude refers to a specific number of the goods delivered by the seller on the more or less terms agreed upon by both parties. In the contract there are the following stipulations: 1) more or less 2) approximate (about or circa),e.g.: “20 000 me
19、tric tons, 5% more or less( “Plus or minus” or the sign “ ” ) at sellers option”.,Proportion Who has the right to decide the more or less term The payment for the over-load or under-load If not, the payment for the over-load or under-load will be made according to the contract price or at the market
20、 price at the time of shipment.,Three parts of more or less clause,Section Three Quantity Terms in the Contract,1) Bleached cotton clothing 25,000 yds. with 5% more or less at sellers option.,2) Chinese northeast soybean: 6,000M/T gross for net, 3% more or less at sellers option.,3) The seller is al
21、lowed to load 3% more or less, the price shall be calculated according to the unit price in the contract.,4) To be packed in double gunny bags containing about 100 kgs and each bag shall weigh 1.15kgs with allowance of 0. 1kg more or less.,The words about or approximately used in connection with the
22、 amount of the credit or the quantity or the unit price stated in the credit are to be constructed as allowing a tolerance not to exceed 10% more or 10% less than the amount, the quantity or the unit price to which they refer.,Approximate (about or circa)大约,A tolerance not to exceed 5% more or 5% le
23、ss than the quantity of the goods is allowed, provided the credit does not state the flexible quantity. B. Even when partial shipments are not allowed, a tolerance not to exceed 5% less than the amount of the credit is allowed. This tolerance does not apply when the credit stipulates a specific tole
24、rance.,Notes,Case Study,An export company in China entered into a transaction with a Russian company, stating: soybean net weight of 100 kilograms per bag, 1000 bags , a total of 100 metric tons. However, after the goods arrived in Russia, the customs discovered the soybean net weight of 94 kilogram
25、s per bag, 1000 bags, a total of 94 tons. At that time, the market price was falling. So by the reason of the discrepancies between the document and the cargo, the Russian company asked for 5% price reduction, otherwise he would reject the goods. Question: Are Russian sides requests reasonable? What
26、 measures should the Chinese exporter take for remedy?,Answer,Russian sides request is reasonable. (1) When there is no more or less clause, delivery should be strictly in accordance with the contract. (2) Under the letter of credit, a 5% expansion for quantity of goods is allowed while the amount o
27、f value cant exceed the amount stipulated in the L/C. However, the proportion of our stretching is more than 5%. Therefore, the Chinese exporter has breached the contract. As for the buyers requests for price reductions, the seller may consult with clients to conclude the transaction with internatio
28、nal market prices so as to reduce losses.,A foreign trade company exported 1000 sets of typewriters. The L/C stipulated that partial shipment was prohibited. But nonetheless, when the consignments were gathering at the port for shipment, the seller found that 45 sets of goods got problem in packing
29、and quality. Since it was an emergency and in order to assure of the quality, the exporter believed that according to the Uniform Customs and Practice for Documentary credits, even if it doesnt allow the partial shipment, there is a more-or-less clause by 5%. Eventually, the seller loaded 955 sets v
30、irtually whereas the goods were rejected by the negotiating bank. Question: Please explain the reasons.,Case Study,According to UCP600, unless the quantity of credit is specified in L/C, even if the partial shipments are not allowed, the quantity of goods allowed 5% more or less in quantity in condi
31、tion that the total amount paid does not exceed the amount of credit conditions. However, this clause can not apply to situation when the quantity is provided by counting the number of packing units. In this case, typewriter is counted by set, belonging to the exceptions of the above clause. 5% more
32、 or less in quantity is not allowed. Therefore, the bank refused to negotiate the document because of discrepancies found by reviewing the L/C and other documents.,Answer,An ore exporting contract specified the terms as follows: “25000 M / T 3% more or less at sellers option.” When the seller prepar
33、ed to take delivery, the international market prices of ore went upward. Question: (1) How much are you going to deliver as a seller? Why? (2) Standing in the position of the buyer, what should be paid attention to during negotiation of the terms of the contract?,Case Study,The seller may load less cargo than stipulated, because international market price of the goods raised sharply, which subject the seller to a loss if delivering the cargo more than stipulated. More delivery
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