第三章 商品品名品质数量包装 英文

1、Chapter 3,Description of Commodities,You will learn these terms:, Name of Commodity Quality of Commodity Quantity of Commodity Packing of Commodity,. Name of Commodity,This clause is a main component of the Description of Goods. Usually ,the parties to the contract just specify the name of the produ

2、ct under the subject “Name of Commodity”. As the basis of a transaction, it concerns the rights and obligations of the buyer and the seller. If the goods delivered by the seller are not in accordance with the agreed name of commodity, the buyer reserves the right to lodge a claim, reject the goods o

3、r even cancel the contract. Therefore, as a main condition of sale, the name of commodity should be clearly stipulated. When giving the name, try to be specific and adopt the widely accepted name agreed by both parties.,Case1: When the commodity of “唐太宗酒糟鱼” exported to Hongkong, the tariff doubled b

4、ecause of “酒”. So they changed the name to “唐太宗糟鱼”. Case 2 “ hand-made xuan paper”,. Quality of Commodity,1. Concept. The quality of goods refers to both the outward appearance and the inner features of the goods: the shape, structure, color, size as well as their chemical composition, physical and

5、mechanical performance, biological features, or technical indexes.,2. Functions of terms of Quantity . The quality of goods is one of the basic terms that defines the condition of the goods in the contract between the contracting parties. If the goods delivered by the seller are not in conformity wi

6、th the contract, the buyer has the right to ask for compensation for losses, substitution or repair of the goods, or can even refuse to accept the goods or cancel the contract.,3. Methods of Stipulating Quality of the Goods,There are different ways of defining the qualities of the goods: 1)Stipulati

7、ng the quality by description 2) Expressing the quality by examining the actual goods 1)Stipulating the quality by description Sale by specification Specification refer to the chemical composition, content, purity, size, length, thickness, weight, or article number. For example: Chinese Northeast So

8、ybeans: Oil content 18% (min.) Moisture content 15% (max.) Admixture 1% (max.) Imperfect grains 9% (max.),Sale by Grade . Grades refer to the different classifications of the same commodity which are indicated by words, numbers or symbols, such as large, medium, small, or Grade 1, Grad2and Grade 3.,

9、Sale by Standard. Standard refer to the specifications or grades that are stipulated and published by governmental or commercial organizations. Transactions of some agricultural and sideline products sometimes adopt the standard to express the quality of the goods: fair average quality (F.A.Q.),F.A.

10、Q. refers to the average quality of the export commodity within a certain period of time. Different seasons may have different standards for the same commodity. Therefore, this standard is very ambiguous. When adopting this standard, the seller should stipulate the specification indexes in the contr

11、act or the date, month, year of the quality standard. For example : Chinese Groundnut, 2004 crop, F.A.Q. Moisture 10%(max) Admixture 5% (max) Oil content 45%(min) Imperfect Grains 8% (max),Sale by Brand or Trademark. Trade marks are the distinguishing marks attached to the goods that have been regis

12、tered under the trademark law and cannot be used by another producer. They consist of brand name, letters ,symbols, numbers, designs and pictures. The aim of attaching distinctive marks to a commodity is to ensure its quality. Sale by brand or trademark is suitable for finished industrial products o

13、f stable quality. Such as “Longjing Green Tea” “Maling Brand Worcestershire Sauce”,Sale by Description, Drawing or Diagram . The qualities of some commodities , such as machinery, instruments, equipment, and medicine, cannot be expressed by quality indexes. Therefore, it is necessary to explain in d

14、etail the structure, performance, material used and method of operation. In this case, relevant technical manuals, booklets of directions, drawings or diagrams will serve the purpose. For example: “Quality as per technical feature indicated in the illustrations submitted by seller .” Sale by Origin.

15、 The origins of some products are well known in some countries, they may well indicate the quality of the goods.,2)Expressing the quality by examining the actual goods,Sale by inspection. In this case, the buyer will inspect the goods at the sellers premises. If the buyer is satisfied with the goods

16、, the transaction will be concluded, the seller will then deliver the goods of the same quality as approved by the buyer. It can be used the trade of handicraft article and jewels etc. with small quantity. Sale by sample. Samples refer to the articles that can represent the quality of the whole lot

17、of the goods. Types of samples. There are two types of samples. One is “sample for reference”. Such samples are only a reference for the buyer and do not serve as evidence for evaluating the quality of the goods. They must be clearly marked “for reference only”. The other is “type sample /standard s

18、ample”. This refers to one that can fully represent the quality of the goods . The seller must deliver the goods in conformity with the sample. If there are discrepancies, the buyer has the right to file a claim against the seller, refuse the goods or even cancel the contract.,Types of sale by sampl

19、e. If sale is to be made by sample, both the sellers sample and the buyers sample can be used. Which sample will be used should be agreed upon by both parities and written down in the contract explicitly. 1)Quality as per the sellers sample. The seller will supply a sample that can represent the qua

20、lity of the goods and keep a sample that has the same quality and article number as the one sent to the buyer. In case of disputes, it can serve as evidence to show the quality of the goods. The seller must deliver the goods in exact accordance with the sample.,2)Quality as per the buyers sample. Th

21、e buyer sometimes provides a sample and asks the seller to produce the goods according to the sample. This is called “sale by buyers sample”. The contract should stipulate: “quality as per the buyers sample.” 3)Counter sample. In the “quality as per the buyers sample, the seller, in order to take th

22、e initiative, may reproduce the buyer sample. The reproduced sample is called a “counter sample” or “confirming sample”. The seller sends this sample to the buyer for confirmation. Once confirmed by the buyer, sale by the buyers sample is changed into sale by the sellers sample. Thus it is easier fo

23、r the seller to produce and deliver the goods according to his own sample.,4. Terms of Quality in a Contract,A quality clause in a contract usually includes a description of the and a specific quality. However, because of the variety of good, the ways of stipulating the quality of the goods will als

24、o be different . Therefore, the contents of the terms of quality also vary with the nature of the goods. When stipulate the quality clause in the contract, they should pay attention to the following:,1).Quality latitude,Quality latitude means that the quality indexes of the goods to be delivered by

25、the seller are flexible within a certain range. For agricultural and sideline products of unstable quality, it is necessary to stipulate a quality latitude in addition to the quality indexes. Stipulating a rang. Grey Ducks down, content 18% (1% more or less). It means the content of the down may var

26、y from 17% to 19%. Stipulating a “max” or “min” Shandong Groundnuts, oil content 44%(min), admixture(1%) It should be noted that the quality latitude is negotiated and agreed upon by the two contracting parties according to the buyers needs and wants, and also the availability of quality standards.

27、It is mainly used for some primary products, such as groundnuts, soybeans, cotton, cotton cloth and grains.,2). Quality tolerance,A quality tolerance refers to the quality difference generally recognized in international trade. In the production of finished industrial products, a quality difference

28、is unavoidable . Such a difference is often tolerable. (in the size of spare parts, or the timing of clocks and watches) “Quality latitude is agreed upon by both parties, while quality tolerance is commonly accepted or recognized by the same trade in the international market.” “Quality latitude is m

29、ainly used for some primary products while quality tolerance is mainly used in finished industrial products, such as machinery, instruments or equipment.”,3).Making good use of the ways of expressing the quality of the goods,If the quality can be expressed by using scientific indexes, these goods ar

30、e suitable for sale by specification, grade or standard. If it is difficult to set a standard or specification for certain goods, such as Arts and Crafts, they are suitable for sale by sample. If the commodities are of stable quality and excellent reputation, they are suitable for sale by trademark

31、or brand. Complicated machinery, instruments and electric appliances are suitable for sale by descriptions and illustrations. If the goods are famous for their production localities in particular, they are suitable for sale by origin.,4). Points to note,Words like “approximately” or “about” should b

32、e avoided. The seller should note that the goods to be delivered must be in conformity with the sample. If it is sale by the sellers sample, the seller should keep a duplicate sample. If it is sale by the buyers sample, the seller should send a “counter sample” to the buyer for confirmation and also

33、 keep a counter sample on file. If the sample sent is only for the buyers reference, this must be made clear by adding the word “for reference only”.,Exercises,1) What does quality refer to? (5) 2)How many ways are there in stipulating the quantity of the goods?(7) 3)State the difference between qua

34、lity latitude and quality tolerance.(17, 18),. Quantity of Goods,The quantity of goods refers to the weight, number, length, volume, area and capacity of goods, which are indicated by different measuring units. The quality of goods delivered by the seller must conform to the contract stipulations. I

35、f the seller delivers a quantity of goods greater than that provided for in the contract, the buyer may take delivery of the goods or refuse to take delivery of the excess quantity. If the buyer takes delivery of all or part of the excess quantity, he must pay for it at the contract rate.,1. Measuri

36、ng Units of Quantity of Goods,Different country may use different measuring units, and which measuring unit to choose depends on the nature of the goods and the agreements between the two parties. 1) For Weight :metric ton, long ton, short ton (mineral products, farm and sideline products), gram and

37、 ounce (gold and silver), carat/karat (diamond).,“Ton” stands different weight under different systems:,2) For number Most finished industrial products. Particularly daily consumer products, industrial products and mechanical products are suitable for sale by number. The measuring units often includ

38、e the following :piece, pair set, dozen, gross, or ream. 3) For Length. Textiles, metal cords, silk, and cloth are often calculated by meter, yard or foot. 4) For Area. Square meter, square foot and square yard are frequently used for measuring glass and textiles such as carpets.,5) For Volume. Cubi

39、c meter, cubic foot and cubic yard are mainly used for timber, natural gas or chemical gases. 6) For Capacity. Liter, gallon and bushel are often used for calculating wheat, grain and most liquid products. Americans use bushel as the measuring unit for grain. The weight that each bushel stands for v

40、aries with the type of grain. For example: one bushel of linseed is 56 pounds, oats 32 pounds ,soybean and wheat 60 pounds.,2. Methods of Calculating Weight,1) Gross weight. It refers to the weight of the goods themselves plus tare, i.e. the weight of the goods and the weight of the packing material

41、 together. When the freight of the goods is calculated by weight , it is often done according to the gross weight of the goods. 2)Net weight. It is the actual weight of the goods, excluding tare. When the goods are calculated by weight, the price of the goods is often determined by the net weight .”

42、 Gross for net” means the gross weight of the goods is taken as its net weight. It is used when it is not easy to separate the goods from their tare, or when the tare is quite light. For example: “North-East Small Red Beans , 100 metric tons packed in single new gunny bags of about 100kgs. each , gr

43、oss for net.“,3) Tare. Gross weight minus net is tare. The ways of stipulating tare are as follows:,4) Conditioned Weight,The weight is figured out by using scientific methods to extract water form the goods. And then by adding a certain percentage of standardized water content. This method is suita

44、ble for goods such as cotton, wool and raw silk whose water content is unstable. The internationally accepted standard regaining water rate of wool and raw silk is 11%. Conditioned weight =dry net weight (1+standard water rate),5) Theoretical Weight. Some goods have fixed or standardized grades, suc

45、h as tinplates and steel plates that have standardized forms, lengths and breadths. As long as their grades, lengths and breadths are the same, or nearly the same. The weight can be measured according to their quantity. This weight is used for reference only.,6) Legal Weight and Net Net Weight. lega

46、l weight is the weight of the goods together with that of the inner packing materials. While the actual weight of the goods themselves is the Net Net weigh (Nett.),3. Terms of Quantity in a Contract,1) Contents of Terms of Quantity The terms of quantity in a contract should include the quantity to b

47、e delivered and the measuring unit/calculating unit to be used. If the quantity is calculated by weight, the contract should specify the calculating method, such as gross weight, net weight, or gross for net. 2)Points to Note Quantity Latitude. Sometimes it is not easy for the exporter to deliver th

48、e goods in exact conformity with the contract stipulations in quantity. In order to avoid disputes. Both contracting parties should stipulate the quantity flexibly by setting “a more or less” clause.,For example “ Coal,500 Metric Tons, 5% more or less at the seller option, value of the excess or sho

49、rtage quantity to be calculated at the contract price.” “more or less” is mainly used for goods whose quantity is calculated by weight, length, area, volume, capacity, such as groundnut, rice, soybeans, coal, and wool, but not by numbers or packages.,(2) “about, circa or approximate” If words like “

50、about, circa, approximate are put before the quantity of the goods, it means that the quantity of the goods is not exact. As to what extent it refers to, different countries have different interpretations or stipulations. Some think it is 2.5% ,others allow 5% or 10%. This is vague and should be avo

51、ided. UCP500 stipulates: “ The word “about”, “approximately”, “circa” or similar expressions means 10% more or less allowed.,A case about “more or less clause”,The seller :A (China) The buyer: B (America) Terms of quantity: 50000 M/Ts wheat flour and rice. Quantity 10% more or less allowed. Ratio of

52、 each type of the goods to be shipped is 50/50 approximately. A shipped all the goods as follows: wheat flour: quantity: 27956 M/Ts rice: 26144 M/Ts total quantity 54100M/Ts The Issuing Bank refuse to give the money because the sellers document is not in compliance with the terms and conditions of t

53、he Credit. The reasons are:,The total quantity is from 45000 M/Ts to 55000 M/Ts, and the ratio of each type should be from 22500M/Ts to 27500M/Ts. The quantity of the flour is 27956 M/Ts, exceed the allowed quantity.,.Packing of Commodity,1. Functions of packing. 1) Packing protects cargo and reduce

54、s losses of or damages to them. 2) Packing facilitates storing, transporting, loading, unloading, and distribution. 3)Reasonable packing economizes on the shipping space and the freight charges.,2. Factors Influencing Types Of Cargo Packing For International Consignments,1)nature of cargo . Packing

55、should be designed according to the need of the cargo. Cargoes like grains, crude oil, ingot aluminum, steel and automobiles are shipped bulk or with only minimal packing. General merchandises need adequate packing of various types. For example, fruits are usually shipped in cartons; chemicals are o

56、ften packed in bags; wooden cases are commonly used when electrical equipment is shipped. Besides, the value should also be considered. High-value goods normally require more extensive packing.,2)transport,In addition to the nature of cargo, many other factors in relation to transport should be take

57、n into consideration. To begin with, one should consider the nature of transit. When containers are used, packing can be less extensive as the container itself offers effective protection to the cargo. If cargoes are shipped by air or palletizations, the packing should be stronger than that for cont

58、ainerization. In ocean transport, cargoes should be more packed with even stronger materials. Then the facilities available at terminals should be considered, for example, the type and the capacity of the loading /unloading equipment and the availability of suitable warehouse or container base, etc.

59、 the packing should fit the facilities that are to be used.,salver,The cargo measurement is another factor to consider. The dimension and the weight limit would decide the shape, size and weight of the cargo package. If the cargo is going through different temperature zones, the packing should be so designed as to permit cargo to breathe and to avoid damage to the cargo. Soaps, bamboo or leather products will shrink or crack in dry weather; bikes, food or leather goods will sweat and get rusty or mouldy in humid weather.,3) Customs or statutory r