国际贸易实务(周瑞琪等)_课后答案详解

导读:国际贸易实务(英文版)InternationalTradePractice周瑞琪,(1)答案:Yes,(2)答案:No,他是否还应获得相关赔偿?答案:Yes,(1)答案:Yes.,(2)答案:Buyer,由于本章主要讨论贸易术语的应用,如果答案是保险公司,(1)答案:No.,(2)答案:DES,国际贸易实务(英文版)InternationalTradePractice周瑞琪王小欧徐月芳编著Ch

国际贸易实务(周瑞琪等)_课后答案详解

国际贸易实务(英文版) International Trade Practice 周瑞琪 王小欧 徐月芳 编著

Chapter two IV. Short questions

1. Who pays for loading for shipment under FOB? 答:Seller.

2. Who pays for unloading under CIF? 答:Buyer.

3. Compare and contrast FOB, CFR and CIF?

答:Similarities: a. Seller’s risk will be transferred to the buyer when the goods pass

the ship’s rail. b. Seller is responsible for export customs formalities while buyer is responsible for import customs formalities. c. Buyer is responsible for unloading the goods at the port of destination. d. All three terms can only be used for waterway transportation. Differences: a. FOB requires the buyer to arrange and pay for the ocean transportation; CFR requires the seller to arrange and pay for the ocean transportation; CIF requires the seller to arrange and pay for the ocean transportation and insurance against the buyer’s risk.

4. What are the two types of trade terms concerning the transfer of risks?

答:Shipment contract terms vs. arrival contract terms. Under shipment contract terms

seller’s risk will be transferred to the buyer before the goods depart from the place/port of shipment. Under arrival contract terms seller will bear the risk of the goods until the goods arrive the destination.

5. What are the differences and similarities between CPT and CFR?

答:Major similarities: a. seller should contract and pay for the major carriage. b.

Seller is not taking the risk of loss or damage to the goods during the transportation. Difference: a. CPT is applicable to any kind of transportation mode while CFR is only used for waterway transport. b. Under CPT seller’s risk will be transferred to the buyer when the goods are handed over to the first

carrier nominated by seller. Under CFR seller’s risk will be transferred when the goods pass over the ship’s rail.

6. What are the differences and similarities between CIP and CIF?

答:Major similarities: a. seller should contract and pay for the major carriage. b.

Seller is not taking the risk of loss or damage to the goods during the transportation. c. Seller must obtain insurance against buyer’s risk. Difference: a. CPT is applicable to any kind of transportation mode while CFR is only used for waterway transport. b. Under CPT seller’s risk will be transferred to the buyer when the goods are handed over to the first carrier nominated by seller. Under CFR seller’s risk will be transferred when the goods pass over the ship’s rail.

7. If you trade with an American, is the sales contract subject to Incoterms without any doubt? What should you do?

答:No. The Revised American Foreign Trade Definitions 1941 is still in use,

especially among the North American area. It has different interpretation about some trade terms. The traders should clarify the choice of rules before any further discussion.

8. What are the most commonly used trade terms? 答:FOB,CFR & CIF.

9. Who is responsible for carrying out customs formalities for exports under an FOB contract?

答:Seller. According to Incoterms 2000, except EXW and DDP these two terms, all

the other eleven terms require the seller to handle the export customs formalities, while buyer the import customs formalities.

10. If a Chinese trader signs a FOB Hamburg contract, is he exporting or importing? 答:Importing. FOB should be used with a “named port of shipment”, if Hamburg is

the port of shipment, from the Chinese trader’s perspective, he is importing.

V.Case Studies

1. An FOB contract stipulated, \

vessel fails to arrive at the port of shipment on time, the seller agrees to set aside the goods for additional 27 days, and the buyer will bear all costs of delay.\it turned out that under the seller's repeated requests, the vessel named by the buyer finally arrived at the port of shipment on May 1. As a result, the seller refused to make the shipment.

(1) Was the seller entitled to compensation for the warehouse rent, insurance and

interest due to the delay?

(2) If the seller had sold the goods to a third party on April 25, should the buyer

pay for the delay?

(3) If the seller had sold the goods to a third party on May 1 with a better price,

was he entitled to any compensation?

析: a案例中提到“shipment will be effected in March 2008”,这种确定装运时间的

方式允许在整个3月份期间的任何时间进行装运。也即是说,装运的最后期限为08年3月31日。b文中提到的“additional 27 days”,根据合同卖方同意在买方船期延误的情况下为其将货物保留到4月27日。 (1)答案:Yes。

答题切入点:a FOB术语关于双方费用划分的规定;b 合同本身的条款规定。 (2)答案:No。

答题切入点:合同本身的条款规定。

(3)这题与第一题相比,不同的一点在于“with a better price”。解答时应对这一点进行分析:在卖方卖出货物获得更高利润的情况下,他是否还应获得相关赔偿? 答案:Yes。

答题切入点:合同本身的条款规定。

2. A contract to sell grain used a CFR term. The grain was officially certified as

Grade One at the time of being delivered on board at the port of shipment. After making the shipment, the seller gave the buyer timely notice. However, due to the long voyage, some grain went bad. At the destination, the grain could only be sold as \, the buyer claimed compensation for the damage. Should the seller pay?

析:a 货物在装运港已经“officially certified as Grade One”,这就说明货物的质量是合格的,而且是经官方确认的。b 文中提到“due to long voyage”这说明货物变质的原因是由于运输时间长。 答案:No。

答题切入点:a 货物变质的原因;b CFR术语下风险转移的情况。

3. Under a CIF contract, the goods had been loaded on board the vessel according to

the terms of the contract. Then the vessel departed. An hour later, the vessel struck a rock and sunk. The next day the seller's bank presented the shipping documents, insurance policy and invoices to the buyer, and demanded payment. (1) Should the buyer pay?

(2) Which party would have to take the loss?

析:本题的关键疑问在于买方明知货物已全部损失,不可能再收到货物,是否还

应支付货款。这是考察对“symbolic delivery”这个概念的理解。在CIF术语下,卖方交货时买方并没有真正收到货物,卖方的交货是通过货交承运人并获得相关单据(尤其是物权凭证)来实现的。而相应的,买方必须接受交货,也就是买方必须接受卖方提供的相应单据并履行相关支付的义务。 (1)答案:Yes.

答题切入点:a 卖方履行其义务的情况;b CIF术语对双方交货、领受货物的规定;c 解释“symbolic delivery”在这里的应用。 (2)答案: Buyer。

答题切入点:CIF术语下风险转移的情况。由于本章主要讨论贸易术语的应用,关注的主要是买、卖双方。如果答案是保险公司,则要求说明损失的风险首先是由买方承担的,在风险属于保险公司承保范围内的情况下,保险公司会对买方进行部分或全部的赔偿。

4. A Shanghai company signed a CIF contract to sell Christmas goods to a British

company. The $1 million contract stipulated, \seller guarantees that the goods arrive at the port of destination by December 1, 2008. If the carriage is late, the buyer can cancel the purchase, and get the refund for the payment.\So the shipment was made. Unfortunately, due to mechanical problems, the vessel arrived at the destination a few hours late. The buyer refused to accept the goods. As a result, the goods had to be sold on the spot, and the seller lost $700,000. (1) Was the \date\clause consistent with CIF term under Incoterms

2000?

(2) What trade term is proper for the obligation concerning arrival time? 析:卖方受损的原因是货物达到目的港的时间晚于合同规定的时间,因此买 方

拒收货物。从表面上看,似乎问题就是出在卖方违约上,但如果仔细分析就会发现, 该合同本身的内容就存在自相矛盾的问题。合同用的是CIF术

语,卖方在货过船舷时风险就转移。卖方既不承担运输途中的风险,也不保证货物是否能抵达目的港。CIF合同本质上是一个“shipment contract”。但加上一条保证到岸时间的条款后,合同的性质发生了变化:它变成了一个“arrival contract”。也就是说,在货物按时抵达目的港之前的一切风险都由卖方承担,否则卖方就是违约。 (1)答案:No.

答题切入点:a CIF术语对双方风险及义务的划分,点出“shipment contract”这一概念;b 解释“arrival date” clause对合同性质的改变。 (2)答案: DES。

答题切入点:对比两个术语在义务、费用划分上的相似程度。

5. A Chinese company finalized a transaction with a German company under CIF price and L/C payment. Both sales contract and L/C received stipulated that transshipment was not allowed. The Chinese company made the shipment on a direct vessel within the validity period of the L/C and negotiated the payment with a direct Bill of Lading successfully. After departing from the Chinese port, in order to take another shipment, the shipping company unloaded the goods from the original vessel and reloaded them onto another one. Due to the delay and the poor condition of the second vessel, the goods arrived 2 months later than the expected time. The German company suffered and claimed compensation from the Chinese company with the reason that the Chinese side cheated them with a direct B/L. The Chinese company believed that since they signed the contract under a “到岸价格” and they booked the shipping company, they would be responsible for what happened. As a result the Chinese side compensated. Comment on this case.

案例要点解析:a 卖方按照合同规定履行了各项义务,造成货物到港延误的原因是船公司擅自改变运输安排,卖方对此并不知情。 b 卖方把CIF理解成“到岸价格”存在错误,混淆了承担风险与承担费用的区别。如果把CIF理解成“到岸价格”,那么CIF就变成了一个到岸合同术语(arrival contract term)了,而实际上它应该是个装运合同术语(shipment contract term)。c 因此,卖方在此情况下不应进行赔偿,而是应该协助买方向船方进行索赔。

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