国际贸易实务(英文版)(第二版)周瑞琪4.Terms of Commodity

1、整理ppt1Chapter FourChapter FourTerms of CommodityTerms of Commodity 整理ppt2Learning objectives lAfter reading this chapter you should be able toexplain the different ways of quality stipulationoutline the quantity measurement units and systems describe the approaches to weight calculationunderstand th

2、e functions and features of different types of export packaging identify marking on the packing of goods for international sales compose quality, quantity and packing clauses properly 整理ppt34.1 Name of commoditylSignificanceCISG Article 35: The seller must deliver goods which are of the quantity, qu

3、ality and description required by the contract and which are contained or packaged in the manner required by the contractlIssues concerning stipulating name in sales contract:being clear, specific& precisebeing practicaladopting the widely accepted name (HS Code)整理ppt44.2 QualitylDefinition:refe

4、rs to the intrinsic elements of commodities including the internal properties or ingredients as well as the external appearance. 整理ppt54.2 Quality: ways of quality stipulation整理ppt64.2 Quality stipulation Sale by descriptionlSpecificationcomprise some important indicators such as composition, conten

5、t, purity, length, size, etc. ExampleChina Sesame Seed lMoisture: 8% max.lAdmixture: 2% max.lOil content: 52% basis整理ppt74.2 Quality stipulation Sale by descriptionlSale by gradebe indicated simply by stating its grade, as presumably the seller and the buyer are supposed to have reached a consensus

6、on the classification implication of grades.to avoid misunderstanding and the subsequent disputes, however, it is recommended to lay down some major specifications整理ppt84.2 Quality stipulation Sale by descriptionlsale by grade: example Fresh Hen Eggs, shell light brown and clean, even in sizeGrade A

7、A: 60-65gm per eggGrade A: 55-60gm per eggGrade B: 50-55gm per eggGrade C: 45-50gm per egg 整理ppt94.2 Quality stipulation Sale by descriptionlSale by standardwhen specifications or grades are laid down and proclaimed in a unified way, they become standards. ExamplelTetracycline HCL Tablets (Sugar Coa

8、ted) 250mg. B. P. 1973 lChina Northeast Soybean 2006 New Crop, F. A. Q:Moisture 15% max. Admixture 1% max. 整理ppt104.2 Quality stipulation Sale by descriptionlSale by standard: F.A.Q. & G.M.QF.A.Q.: lindicating that the quality of the a product offered is about equal to the average quality level

9、of the same crop within a certain period of time (e.g. a year.)lgenerally suitable for agricultural products. G.M.Q.: lthe quality of the goods offered are sufficiently good to satisfy the purposes for use or consumption which are mutually understood by the buyer and the sellerlused sometimes as the

10、 bottom-line of quality requirement. 整理ppt114.2 Quality stipulation Sale by descriptionlSale by brand name or trade mark to define the quality of some products by simply referencing to their brand names or trademarks. ExampleslSony Televisionsl Haier RefrigeratorslTigerhead batteries lPanasonic Tele

11、vision, TH-42PV65C 整理ppt124.2 Quality stipulation Sale by descriptionlSale by originto use the name of the place of origin as the indication for quality ExamplelWest-lake Longjing Tea, Grade 1, Zhejiang Origin 整理ppt134.2 Quality Sale by descriptionlSale by descriptions or illustrations specific desc

12、riptions, sometimes with illustrationsExamplelPanasonic Television, TH-42PV65C, quality and technical data to be strictly in conformity with the instructions attached.lHaier Refrigerator, Model XXX ,quality and technical data to be strictly in conformity with the descriptions submitted by the seller

13、. 整理ppt144.2 Quality stipulation Sale by samplelSale by sampleDefinition: a sale when the seller and buyer agree that sample is used as the basis of quality and condition of the goods to be delivered.ExamplelTeddy Bear Size 15, Quality as per Sample X071118A整理ppt154.2 Quality stipulation sale by sam

14、ple lSale by sellers samplemade on the basis of the sample provided by the sellerlSale by buyers samplemade on the basis of the sample provided by the buyerlSale by counter sampleCounter sample: a replica made by the seller of the sample provided, normally by the buyercounter sample used as the basi

15、s for qualityto remove the risk of the seller a good substitute to sale by buyers sample整理ppt164.2 QualitylIssues concerning quality clause in sales contract:adopting the right wayavoiding double standardbeing clear, practical and reasonablemaking use of Quality Latitude or Tolerance making price ad

16、justment when necessary inserting sellers protecting clause when necessary 整理ppt174.2 QualitylQuality latitude: definitionthe permissible range within which the quality of the goods delivered by the seller may be flexibly controlled lQuality tolerance: definitionthe quality deviation recognized in t

17、he trade, which allows the quality of the goods delivered by the seller to have certain differences within a range 整理ppt184.2 QualitylHow to stipulate quality latitude/toleranceto stipulate a certain scope, e.g. the width of the cotton cloth is 47/48 inches.to stipulate “max” or “min” e.g. Moisture:

18、 8% max. Admixture: 2% max.to stipulate more or less e.g. ducks down content 18%1% 整理ppt194.2 QualitylStipulating quality latitude: examples“Quality shall be about equal to the sample”“Quality is nearly the same as the sample” “The quality of the goods shipped to be about equal to the sample”“Shipme

19、nt shall be similar to the sample.” 整理ppt204.2 QualitylSafeguard Clause: examples“It is the buyer rather than the seller who shall be responsible for any disputes arising from the infringement of the third partys intellectual properties.”For any cotton piece goods produced with the design, trade mar

20、ks, brands, and/or stampings provided by the buyer, should there be any disputes arising from the infringement upon the third partys industrial property rights, it is the buyer to be held responsible for it.整理ppt214.3 QuantitylUnits of quantity calculation Weight: metric ton, tonne, kilogramme, long

21、 ton, short tonNumber: piece, dozen, set Length: meter, kilometer, yard, foot, inch) Area: km2, yd2 , ft2 Volume: km3, yd3, ft3 Capacity: liter, gallon, quart, pint, bushel 整理ppt224.3 QuantitylMeasurement systemsthe Metric Systemthe U.S. Systemthe British System the International System of Units (S.

22、I.)整理ppt234.3 QuantitylWays to stipulate weight gross weightnet weightgross for netconditioned weighttheoretical weightlegal weight整理ppt244.3 Quantitygross weightgross weight = net weight + Tare lnet weightNet weight = Gross weight Tare If not stipulated, considered to be net weight ltare calculatio

23、n actual/real tare average tare,customary tarecomputed tare lgross for netGoods priced by their gross weight instead of the net 整理ppt254.3 QuantitylConditioned weightConditioned weight: equals to the dry weight of a commodity plus the standard moisture content Conditioned weight = Dried net weight x

24、 (1 + Standard regain rate)整理ppt264.3 QuantitylTheoretical weightTheoretical weight = Unit weight x QuantitylLegal weightLegal weight = Net weight + Tare (immediate packing)整理ppt274.3 Quantity Issues concerning quantity clause in sales contract:clear, specific and avoid ambiguity quantity latitude (

25、more or less clause)llatitude: how much more or less?ldecision: at whose option? lpricing: contract rate or market price?整理ppt284.3 QuantitylExamples of more or less clause:800 metric tons, 5% more or less at sellers option20,000 metric pairs, the sellers are allowed to load 5% more or less, the pri

26、ce shall be calculated according to the unit price in the contract1,000 metric tons 5% more or less, at Buyers option with more or less portion priced at the market price at the time of shipment. 整理ppt294.4 Packing & MarkingFunctions of PackingProtecting GoodsFacilitating DeliveryReducing CostPr

27、omoting sales 整理ppt304.4 Packing & MarkinglFactors determining packingNature Properties of Cargo Mode of the TransportCustoms or Statutory Requirements General Fragility of CargoWeatherEase of Handling and StowageInsuranceTransportation Cost 整理ppt314.4 Packing & MarkinglTypes of packingSales

28、 packing Transport Packing lunit packing: drums, cases, bags, boxes .lcollective packing: pallet, flexible container 整理ppt324.4 Packing & MarkinglTypes of marking Shipping marksIndicative marksWarning marksSupplementary marks 整理ppt334.4 Packing & MarkinglFunctions of shipping marksto quicken

29、s the identification to help avoid shipping errorslContents of Shipping marksConsignees code Destination Reference No.Number of packages整理ppt344.4 Packing & MarkinglExample of shipping mark整理ppt354.4 Packing & MarkinglIndicative marksto draw attention for proper handlingExamplesFRAGILEKEEP DRY整理