国际贸易实务英文版第二版ptTermsofCommodity课件

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1、,单击此处编辑母版文本样式,第二级,第三级,第四级,第五级,*,SEIB OF GDUFS,*,单击此处编辑母版标题样式,Chapter Four,Terms of Commodity,1,SEIB OF GDUFS,Learning objectives,After reading this chapter you should be able to,explain the different ways of quality stipulation,outline the quantity measurement units and systems,describe the approach

2、es to weight calculation,understand the 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,2,SEIB OF GDUFS,4.1 Name of commodity,Significance,CISG Article 35:The seller m

3、ust deliver goods which are of the quantity,quality and,description,required by the contract and which are contained or packaged in the manner required by the contract,Issues,concerning stipulating name in sales contract:,being clear,specific&precise,being practical,adopting the widely accepted name

4、(HS Code),3,SEIB OF GDUFS,4.2 Quality,Definition:,refers to the intrinsic elements of commodities including the internal properties or ingredients as well as the external appearance,.,4,SEIB OF GDUFS,4.2 Quality:ways of quality stipulation,5,SEIB OF GDUFS,4.2 Quality stipulation Sale by description,

5、Specification,comprise some important indicators such as composition,content,purity,length,size,etc.,Example,China Sesame Seed,Moisture:8%max.,Admixture:2%max.,Oil content:52%basis,6,SEIB OF GDUFS,4.2 Quality stipulation Sale by description,Sale by grade,be indicated simply by stating its grade,as p

6、resumably the seller and the buyer are supposed to have reached a consensus on the classification implication of grades.,to avoid misunderstanding and the subsequent disputes,however,it is recommended to lay down some major specifications,7,SEIB OF GDUFS,4.2 Quality stipulation Sale by description,s

7、ale by grade:example,Fresh Hen Eggs,shell light brown and clean,even in size,Grade AA:60-65gm per egg,Grade A:55-60gm per egg,Grade B:50-55gm per egg,Grade C:45-50gm per egg,8,SEIB OF GDUFS,4.2 Quality stipulation Sale by description,Sale by standard,when specifications or grades are laid down and p

8、roclaimed in a unified way,they become standards.,Example,Tetracycline HCL Tablets(Sugar Coated)250mg.B.P.1973,China Northeast Soybean 2006 New Crop,F.A.Q:,Moisture 15%max.,Admixture 1%max.,9,SEIB OF GDUFS,4.2 Quality stipulation Sale by description,Sale by standard:F.A.Q.&G.M.Q,F.A.Q.:,indicating t

9、hat the quality of the a product offered is about equal to the average quality level of the same crop within a certain period of time(e.g.a year.),generally suitable for agricultural products.,G.M.Q.:,the quality of the goods offered are sufficiently good to satisfy the purposes for use or consumpti

10、on which are mutually understood by the buyer and the seller,used sometimes as the bottom-line of quality requirement.,10,SEIB OF GDUFS,4.2 Quality stipulation Sale by description,Sale by brand name or trade mark,to define the quality of some products by simply referencing to their brand names or tr

11、ademarks,.,Examples,Sony Televisions,Haier Refrigerators,Tigerhead batteries,Panasonic Television,TH-42PV65C,11,SEIB OF GDUFS,4.2 Quality stipulation Sale by description,Sale by origin,to use the name of the place of origin as the indication for quality,Example,West-lake Longjing Tea,Grade 1,Zhejian

12、g Origin,12,SEIB OF GDUFS,4.2 Quality Sale by description,Sale by descriptions or illustrations,specific descriptions,sometimes with illustrations,Example,Panasonic Television,TH-42PV65C,quality and technical data to be strictly in conformity with the instructions attached.,Haier Refrigerator,Model

13、XXX,quality and technical data to be strictly in conformity with the descriptions submitted by the seller.,13,SEIB OF GDUFS,4.2 Quality stipulation Sale by sample,Sale by sample,Definition:a sale when the seller and buyer agree that sample is used as the basis of quality and condition of the goods t

14、o be delivered.,Example,Teddy Bear Size 15,Quality as per Sample X071118A,14,SEIB OF GDUFS,4.2 Quality stipulation sale by sample,Sale by sellers sample,made on the basis of the sample provided by the seller,Sale by buyers sample,made on the basis of the sample provided by the buyer,Sale by counter

15、sample,Counter sample:a replica made by the seller of the sample provided,normally by the buyer,counter sample used as the basis for quality,to remove the risk of the seller,a good substitute to sale by buyers sample,15,SEIB OF GDUFS,4.2 Quality,Issues concerning quality clause in sales contract:,ad

16、opting the right way,avoiding double standard,being clear,practical and reasonable,making use of Quality Latitude or Tolerance,making price adjustment when necessary,inserting sellers protecting clause when necessary,16,SEIB OF GDUFS,4.2 Quality,Quality latitude:definition,the permissible range within which the quality of the goods delivered by the seller may be flexibly controlled,Quality tolerance:definition,the quality deviation recognized in the trade,which allows the quality of the goods de