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1、Chapter 1 Intern atio nal Trade TermsPre-text questi ons:1. What is the definition of trade terms?2. How many types in intern ati onal trade practices ?what are they?3. What are sellers and buyers responsib、tyCFR0BCIF and FCA、CPT、CIP?1.1 Trade Terms (price terms、delivery terms)1. The definition of t

2、rade terms:Trade Terms are the short terms or abbreviations used to explain the price composition and the rights and obligati ons of the parties concern ed.2. funtctions of trade terms:a. naming the delivery pointb. Difining the responsibility and expense of both the seller and buyerc. Simplifyi ng

3、the con tract n egoti ons3. Price compositi on:A n ame of curre ncya unit priceThe measuri ng un itsTrade termsA n ame of desit in ati on or shipp ing placeFor example: US$800 per M/T CIF Lon don1.2 Intern ati onal Trade Usages1. Warsaw-Oxford Rules 1932:It indicate the nature and characteristic of

4、the CIF ,and stipulate the responsibility of the two parties under CIFterms.2. :It defines 6 trade terms: Ex-point of origin,FOB,FAS,C&F,CIF,Ex-dock.It is adopted in the USA,Canada and some other countries in America3. I nternatio nal Rules for the In terpretatio n of Trade Terms(INCOTERMS2000):It i

5、s a widely used usages in international trade.it contains 13 trade terms:Group EDepartureEXWEx-worksGroup FMai nCarriageJn paidFCAFree CarrierFOBFree on BoardFASFree Alon gside ShipGroup CMain Carriage PaidCFRCost and FreightCIFCost,I nsura nee and FreightCPTCarriage Paid toCIPCarriage and In sura n

6、ee Paid toGroup DArrivalDAFDelivered at Fron tierDESDelivered Ex-ShipDEQDelivered Ex-QuayDDUDelivered Duty Un paidDDPDelivered Duty PaidIn coterms 2000 has made a comparative editi on of theUyer and seller s obligati on.A1 Provisi on of goods in con formity with the con tractB1 Payme nt of the price

7、A2Licenses, authorizations ancformalitiesB2 Licenses, authorizations and formalitiesA3Con tract of Carriage ancn sura neeB3 Con tract of Carriage and in sura neeA4 DeliveryB4 Taking deliveryA5 Tran sfer of risksB5 Tran sfer of risksA6 Divisi on of costsB6 Divisi on of costsA7 Notice to the buyerB7 N

8、otice to the sellerA8 Proof of delivery, transpor docume nt or equivale nt electro nic messageB8 Proof of delivery, transport document o equivale nt electr onic messageA9 Check in g-packag in g-mak ingB9 In spect ion of goodsA10 Other obligati onsB10 Other obligati ons1.3 most ofte n used Trade Term

9、s1. FOBFree On Board ( n amed port of shiprt)e nIt can be used only for sea or inland waterway tran sport.(1) The seller s obligations:? Provisi on of goods in con formity with the con tract;? Lice nses, authorizatio ns and formalities;s rail at thes rail at? Bear all risks of loss or damage to the

10、goods until such time as they h ave passed the ship n amed port of shipme nt? Supply the buyer the proof of delivery,tra nsport docume nt or equivale nt electr onic message(2) The buyer s obligations:? pay the price as provided in the con tract of sale and tak ing delivery;? Lice nses, authorizatio

11、ns and formalities;? must con tract at his own expe nse for the carriage of the goods from the n amed port of shipme nt;? bear all risks of loss or damage to the goods from they have passed the ship shipme nt.? Receive the proof of delivery,tra nsport docume nt or equivale nt electr onic message(3)

12、The most importa nt poin ts:a. The ship s railb. Notice to the seller/buyerb.Divisio ns of costsFOB Liner TermsFOB Un der Tackle? FOB Stowed; FOB Trimmed? FOB Stowed and Trimmed2. CFRCost and Freight (named port of destination)It can be used only for sea or inland waterway transport.(1) The sellers

13、obligations:? Provision of goods in conformity with the contract;? Licenses, authorizations and formalities;? Pay the costs and freight necessary to bing the goods to the named port of destination ;? Bear all risks of loss or damage to the goods until such time as they have passed the ship named por

14、t of shipment.? Supply the buyer the proof of delivery,transport document or equivalent electronic message(2) The buyer s obligations:? pay the price as provided in the contract of sale and taking delivery;? Licenses, authorizations and formalities;? Cargo insurance is to be effected by the buyer; s

15、 rail at t? bear all risks of loss or damage tothe goods from the time they have passed the ship port of shipment.? Receive the proof of delivery,transport document or equivalent electronic message(3) The most important points:a. Notice to the buyerb. Divisions of costsCFR Liner TermsCFR LandedCFR E

16、x-Ship s Hold3. CIFCost, I nsura nee and Freight (n amed port of desti nati on)It can be used only for sea or inland waterway transport.(1) The sellers obligations:? Provision of goods in eonformity with the eontraet;? Lieenses, authorizations and formalities;? Obligations to eontraet of earriage an

17、d eontraet of insuranee;? Bear all risks of loss or damage to the goods until sueh time as they have passed the ship named port of shipment.? Supply the buyer the proof of delivery,transport doeument or equivalent eleetronie message(2) The buyers obligations:? pay the priee as provided in the eontra

18、et of sale and taking delivery;? Lieenses, authorizations and formalities;? No obligations to eontraet of earriage and eontraet of insuranee;? bear all risks of loss or damage to the goods from the time they have passed the ship port of shipment.? Reeeive the proof of delivery,transport doeument or

19、equivalent eleetronie message(3) The most important points:a. Contraet of insuranee? the buyer has an insurable interest in the goods,so that the seller should provide the buyer with the insuranee poliey or other evidenee of insuranee eover.? The seller ean arrange marine insuranee only onminimum eo

20、ver,that is, priee+10%.? Should the buyer to wish to have the proteetion of greater eover,he would either need to agree as sueh expressly with the seller or to make his own extra insuranee arrangements.b.Symbolie Delivery (Construetive Delivery )e.Divisions of eostsCIF Liner TermsCIF LandedCIF Ex-Sh

21、ips Hold4. FCAFree Carrier (n amed place)It suits to various transportion mode(1) The seller s obligations:? Provision of goods in conformity with the contract;? Licenses, authorizations and formalities;? bearing all risks of loss or damage to the goods before the time they have been delivered to th

22、e carrier.? Supply the buyer the proof of delivery,transport document or equivalent electronic message(2) The buyer s obligations:? pay the price as provided in the contract of sale and taking delivery;? Licenses, authorizations and formalities;? Contract at his own expense for the carriage of the g

23、oods from the named place;? Bear all risks of loss or damage to the goods from the time they have been delivered to the carrier? Receive the proof of delivery,transport document or equivalent electronic message(3) The most important points:a. it canbe used irrespective of the mode of transport, incl

24、uding multimodal transportb. the chosen place of delivery will have an impact on the obligations of loading and unloading the goods at that place.(Page 31)5. CPTCarriage Paid to ( named place of destination)It suits to various transportation mode( 1 )The seller s obligations:? Provision of goods in

25、conformity with the contract;? Licenses, authorizations and formalities;? Pay the costs and freight necessary to bing the goods to the carrier ;? Bear all risks of loss or damage to the goods until such time as they have been delivered to the carrier.? Supply the buyer the proof of delivery,transpor

26、t document or equivalent electronic message( 2 ) The buyer s obligations:? pay the price as provided in the contract of sale and taking delivery;? Licenses, authorizations and formalities;? Cargo insurance is to be effected by the buyer;? bear all risks of loss or damage to the goods from the time t

27、hey have been delivered to the carrier.? Receive the proof of delivery,transport document or equivalent electronic message(3) the most important points:CPT is almost the same as CFR except that CFR is only applied to sea and inland water transportation whileCPT may be used for any mode of transport

28、including multi-modal transport.6. CIPCost and Insurance Paid to ( named place of destination)(1 )The seller s obligations:? Provision of goods in conformity with the contract;? Licenses, authorizations and formalities;? Obligations to contract of carriage and contract of insurance;? Bear all risks

29、of loss of or damage to the goods until such time as they have been delivered to the carrier.? Supply the buyer the proof of delivery,transport document or equivalent electronic message(2) The buyer s obligations:? The buyer must pay the price as provided in the contract of sale and taking delivery;

30、? Licenses, authorizations and formalities;? The buyer must bear all risks of loss of or damage to the goods from the time they have been delivered to the carrier.Receive the proof of delivery,transport document or equivalent electronic message1.4 other trade terms? EXW: Ex-works (Actual Delivery)?

31、FAS:Free Alongside Ship? DAF:Delivered at Frontier (Actual Delivery)? DES:Delivered Ex-Ship (Actual Delivery)? DEQ:Delivered Ex-Quay (Actual Delivery)? DDU:Delivered Duty Unpaid (Actual Delivery)? DDP:Delivered Duty Paid (Actual Delivery) How to select the trade terms in international trade?FOBfor i

32、mportCFRCI Ffor exportChapter 2 Terms of CommodityPre-text questions:1. How do you comprehend the quality of goods?2. What is sample?3. How to define the quantity of goods?4. Why should the goods have packing? How many types do packing include? It includes:1. the name of commodity2. quality of commo

33、dity3. quantity of commodity4. packing of commodity2.1 Name of commodityIt is the main component of the description of goodsThe name of commodity should be clearly stipulatedThe name of commodity should be specific ,sellers and buyers should adopt the widely accepted name agreed by both parties.2.2

34、Quality of commodityI. What is the meaning of quality?Different commodities have different qualities;The same commodity has different qualities;A term for defining one particular degree of quality in one country may have quite a different meaning in anotherII. How to describe the quality of commodit

35、y?1. Sale by seller s/buyer s sample(1) a sample is a small quantity of a product, often taken out from a whole lot or specially designed and processed that is to encourage prospective customers to buy the product.(2) The method is often used in saling arts and crafts,garments,light industry product

36、s and agricultural native produce.(3)There are two types in sales by sample:a. Sale by seller s sample: the seller sends samples to the buyer,at the same time,he keeps a duplicate samples for later reference.b. Sale by buyers sample: the buyer sends a sample to the seller Return sample、counter sampl

37、e(4) What do we pay more atte ntio n to in sale by sample deali ngs?A. The quality of commodity actually delivered must be in complianee with that of sample.B. The quality of sample should be similar to your average quality.C. Keep flexibility: add an elastic clauseFor example:Quality to be about eq

38、ual to the SampleQuality to be similar to the SampleD. Pay atte nti on to in tellectual property.2. Sale by Specificati on. Grade, Stan dard(1) Specificatio nsIt are detailed descriptions of the goods to be soldThey in clude compositi on,conten t ,purity, stre ngth,size,etc.For example:China Sesame

39、SeedMoisture(max.)8%Admixture(max.)2%Oil Content (wet basis ethyl ether extract)52% Basis(2) gradeFor example :Chi nese tun gste nCon tetsTun gste nTinArse nicSulphurGradeTrioxide(Mi n.)(Max.)(Max.)(Max.)Superior70%0.2%0.2%0.8%165%0.2%0.2%0.8%265%0.1%0.2%0.8%(3) sta ndard:Commodities standardsare la

40、id down and proclaimed in a unified way by governmental departsmentsor commercial orga ni zati ons of a coun try.What do we pay more attention to in sale by standard?a. the standard of a commodity is subject to change or amendmentb. Whe n sali ng by sta ndard,it should be men ti oned in the terms th

41、e n ame of the publicati on.3. Sale by brand n ame and trade markGoods of the same brand or trademark are of the same quality4. sale by descripti on, draw ing or diagramIt is used in sali ng machi nes,apparatuses in strume nt,complete sets of equipme nt5. Sale by n ame of origi nFor example:a. Qime

42、n Black Teab. Lon gji ng Gree n TeaIII. What are the quality clauses in sales con tract?a. Name of commodityb. Article nu mberc. Specification, Grade ord. Sta ndard IV. Quality tolera neeThe quality tolera nee refer to the allowed deviati on from a give n sta nd of size,co nten t,performa nce,purity

43、, or some other measurable charateristics in the specificati ons of a commodityIn trading agricultural products,industrial raw materials or some products of light industry, a tolerance clause is usually stipulated in the sales con tract.Such tolera nee can be compe nsated by the in crease or decreas

44、e of the price in proporti on to the degree of the tolera nee.Case Discuss ingA import & export corp.in P.R.C.sold some “apple wine ” to B company in U.S.A. In theiter of Credit , the name of goods is “apple wine” .But at the Custom of U.S.A.,the buyer was fined because the name of goods was “cider

45、” on the outer packing.2.3 Quantity of CommodityI. Why is the qua ntity clause in the con tract importa nt?The buyer has the right to reject the goods if their quantity delivered is less than agreed upon.He is also entitled to reject the whole lot or that portion of the goods excessive in quantity.I

46、I. The system of weights and measureme nta. The metric systemb. The British systemc. The U.S. systemd. The intern ati onal system of un itsFor example: in weight1 metric ton=2204.62 pou nds=1.0160L/T1 long ton=2240 pou nds1 short ton=2000 pou ndsNumbers:piece, pair,doze n, gross,ream-Weight: gram,ki

47、logram,metric ton,ounce, pound,long ton,short ton.Length: centimeter,meter,inch,foot,yardArea: square meter,meter,i nch,square foot,square yardVolume:cubic cen timeter,cubic meterCapacity: liter,pint,gallon,bushelIII. About weight1. Gross Weight (G.W.)GW.=weight of the commodity+ tare2. Net Weight (

48、N.W.)Net Weight=Gross Weight-TareFour ways to calculate tare:(1) Actual Tare(2) Average Tare :sta ndard tare(3) Customary Tare : certa in sta ndard package has a gen erally recog ni zed weight(4) Computed Tare: the tare previously agreed upon by the seller and the buyer3. Conditioned Weight : moistu

49、re content fo the commodity is removed and standardized moisture added both by scientific methods.it is applicable to raw silk,wool Conditione dweightactualweig ht (1 standardregain ingrateofw ater)1 actualrega iningrateo fwater4. Theoretical Weight :Commodities such as galvanized iron and steel pla

50、tes have regular specifications and regular size.They are ofte n subject to the use of theoretical weight.IV. The clause of qua ntity in con tract1. About, ApproximateIt is not advisable.2. “More or Less” clauseIt is often used,particularly,in the trading of agricultural or mineral products.eg. 400

51、cartons more or less 5% at the seller s option400 cartons more or less 5% at the buyer s option400 cartons more or less 5% at the shipping company s optionUnder the more or less clause, the payment for the over-delivered or under-delivered will be effected according to the contract price or at the m

52、arket price at time of shipment.2.4 Packing of CommodityI. the function of packinga. a form of protectionb. facilitating loading,unloading and stowagec. preventing pilferaged. promoting salesII. Categories of commodity(1) Bulk commodityThe commodity directly shipped and even sold without packages.(2

53、) Nude packed commoditiesThe commodities to be shipped without any packages or in simple bundles. Some commodities such as steel,ruber and automobiles ,etc.,can be packed in nude.(3) Packed commoditiesPacking can be classified into shipping packing and sales packing.Shipping packaging is also referr

54、ed to as outer packaging and is used for protecting the commodities against dangers to or shortages during the stocking and transportation.Sales Packing is also called inner packing or small packing. In addition to the protective role for the commodities, the sales packing also help to improve the i

55、mage of commodities, it enables the consumers to easily identify, select, carry and use the commodities, so sales packing has become an important factor directly affecting the sales volume and the price.III. Shipping marksShipping marks on the shipping packages can be classified into Shipping mark,

56、Indicative Mark and Warning Mark.1. Shipping MarkIt consists of a simple design,some letters, numbers and simple words.It contains:a. name or code of destination;b. code of consignee or consignor;c. piece number,serial number,contract number or license number.For example :I.I.E.CHamburgNo-14/502. Indicative Mark:Indicative Mark consists of simple, noticeable design and words marked on the packages indicating points of attention to be paid during the process of handling, shipment and storing.3. Warning MarkWarning Mark is also called Shipping

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