Chapter7进出口商品检验与检疫Commodityinspectionandquarantine

1、L/O/G/OL/O/G/OChapter 7 Commodity Inspection & Quarantine案例案例 我国某制造厂进口一套设备，合同规定，货到后，由中国商检局进行检验，合同还明确规定：卖方提供的是“全新设备”。在到货检验安装过程中，发现设备中部分部件有使用过的痕迹，于是凭商检局出具的商检证书向外商索赔。起初，外商矢口否认其提供的设备有问题，拒绝理赔。后来，中方邀请外商的总裁来现场看货，经中方强调合同中订有“全新设备”条款和中国商检局出具的证明是有效的。在中方有理有据的情况下，外商终于赔偿买方50万美元。启示启示 通过上述案例，说明进出口货物检验的重要性，只要在买卖

2、合同中明确合理地规定检验条款，并按约定的条款认真检验，一旦发现货物不符合同规定，即可凭检验证明向责任方索赔，以维护合同当事人的合法权益。I. Introduction to I&QIn international trade, inspection institutions must usu. examine the quality, quantity, packing, etc. of the goods delivered by the seller to make sure whether the goods are in conformity with the stipulat

3、ions of the contract and L/C, or inspect safety and sanitation conditions (卫生条件), environmental and labor protection conditions as to the goods, or quarantine plants and animals (动植物检疫) in accordance with the relative laws and decrees of the country. Receipt means that the goods have come into the c

4、ontrol of the buyer without ownership or agreement to any aspect of the goods. Acceptance means that the buyer has the control of the goods with consent regarding the goods delivered. Receipt and acceptanceReceipt does not mean acceptance and acceptance means more than receipt. uBuyers are entitled

5、to have the right to inspect the goods before acceptance of the goods.uThe realization of delivery of the goods will go through 3 steps:1. Delivery2. Inspection or examination3. Acceptance or rejection a buyer usually accept the goods he has received after he make inspection on the goods and confirm

6、 that the goods are in conformity with the contract. Acceptance Acceptance generally can be made by: expressing statement of acceptance;or giving no rejection after a reasonable time.lIf a buyer does not intend to accept the goods he has received, he should give a clear rejection within a reasonable

7、 time and should not dispose the goods against the sellers ownership. Buyer: a buyer wants to make certain that the goods delivered to him are exactly the goods described by the contract he has signed with the seller.Reasons of Inspection Seller: firstly, a seller wants to control the quality of the

8、 goods so that his credibility will not be damaged and the market will be developed. Secondly, a seller wants to prove with an inspection document that the goods delivered have met the relevant contract terms so that he will not be responsible for any problems in the goods after delivery.Reasons of

9、InspectionReasons of inspection Certain import & export commodities are subject to mandatory inspection (强制检验强制检验) under a countrys laws and regulations, and cannot be exempted from inspection (免检免检), even if the importer or exporter wants to apply for an exemption.2. Inspectioninstitution3. Cer

10、tificate of inspection4. Inspection clauses1. Time and placeof inspectionII. Inspection of commodity In general, there are four ways to stipulate the place and time of inspection of quality and quantity. 1. Time and place of inspectionl1) to make inspection in the export countryl2) to make inspectio

11、n in the import countryl3) to make inspection in the export country, re-inspection in the import countryl4) to make weight inspection at the port/place of shipment, quality inspection at the port/ place of destination1. Time and place of inspectionInspection of goods1) to make inspection in the expo

12、rt countryWith this method, the goods can be inspected at the sellers factory or at the port of shipment -Shipping quality and quantity (离岸品质、离岸重离岸品质、离岸重量量). Such an arrangement will ensure the shipment of qualified goods and therefore may relieve the seller of further responsibilities for the quali

13、ty and quantity.Inspection of goods2) to make inspection in the import countrysuch inspection is carried out when the goods have landed the importing country, such as at the buyers place or at the port of destination-Landed quality and quantity (到岸品质、到岸到岸品质、到岸重量重量).Under arrival delivery terms the r

14、isks will pass to the buyer only in the importing country and the seller has the responsibility to deliver conforming goods when the risks pass over. Inspection of goods3) Inspection at the port of shipment and re-inspection at the port of destination With this method of inspection, the inspection c

15、ertificate from the port of shipment will be used as one of the documents for the seller to negotiate payment.But the buyer retains the right to re-inspect the goods and to claim for compensation if the merchandise is not in conformity with the contract.This is a common method used in practice.Inspe

16、ction of goods4) Shipping quantity and landed qualityWeight inspection at the port/place of shipment is made by the seller, quality inspection at the port/ place of destination is made by the buyerShipping weight and landed quality (离岸重量、到岸品质离岸重量、到岸品质)2. Commodity inspection institutionthe type of C

17、ommodity inspection institutionCommodity inspection institution in China and its duty There are mainly three types of inspection agencies: state/official inspection agencies semi-official inspection agencies private inspection companies1) the type of Commodity inspection institution China Food and D

18、rug Administration (国家食品药品监督管国家食品药品监督管理总局理总局) U.S. Food and Drug Administration (FDA) These agencies are primarily regulators but are also responsible for the inspection of certain very important goods. state inspection agencies Examples of such inspection companies include Underwriters Laboratory o

19、f the U.S. (美国保险人实验室美国保险人实验室), Lloyds Surveyor of the UK (英国劳合氏公证行英国劳合氏公证行), and China National Import-Export Commodities Inspection Corporation, whose inspection results can be semi-official due to government authorization. semi-official inspection agencies Most of the inspection agencies in the wo

20、rld are privately run independent companies. 瑞士日内瓦通用鉴定公司（Societe General De Surveilance)日本海外货物检验株式会社 （OMIC） Private inspection companies General Administration of Quality Supervision, Inspection and Quarantine of P.R.C 国家质量监督检验检疫总局 （国家质检总局） Entry and Exit Inspection and Quarantine Bureau “出入境检验检疫局”

21、国家质检总局主管全国进出口商品检验工作。国家质检总局设在省、自治区、直辖市以及进出口商品的口岸、集散地的出入境检验检疫局及其分支机构，管理负责地区的进出口商品检验工作。2) Commodity inspection institution in China and its duty2) Commodity inspection institution in China and its duty1) Making legal inspection 法定检验法定检验2) Supervision and administration 监督管理监督管理3) Authentic attesting bu

22、siness 公公正鉴定业务正鉴定业务 The main duties of the inspection bureau are as follows:3. Certificate of inspection1)The function of Certificate of inspection2)2) the kinds of Certificate of inspection Certificates are used to verify whether the goods are in conformity with the terms of contract. If the verifi

23、cation is positive, the certificates are the documents for payment. 1) The function of Certificate of inspectionlIf commodities are found to be not up to the quality standard, damaged or short on weight or quantity, the consignee shall apply to the commodity inspection authorities for inspection and

24、 the issuance of an inspection certificate, and such a certificate may be necessary for refusal of the goods and claim for compensation.1) The function of Certificate of inspectionInspection Certificate of Quality 品质检验证书 Inspection Certificate of Weight 重量检验证书 Inspection Certificate of Quantity 数量检验证书 Veterinary Inspection Certificate 兽医检验证书 (frozen meat or leather)Sanitary Inspection Certificate or Inspection Certificate of Health 卫生/健康检验证书 (canned food, eggs, milk) (p. 259)Disinfection Inspection Certificate 消毒检验证书 (fea