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¹ú¼ÊóÒ×ʵÎñ(Ó¢Îİæ) International Trade Practice Chapter one

1 Why do nations conduct trade with one another£¿ ´ð£º A nation conducts international trade because£º

it has the products and resources that exceed its domestic demand£» it wants to get more economic benefits in a larger international market than what can be gained in domestic market£»it wants to win political support£»or it needs to satisfy different tastes£¬ preferences and consumption patterns among its people.

2 How many forms are adopted in the process of negotiation£¿ Business negotiations can be conducted in two forms£º in words£¬ i.e. face-to-face negotiation or negotiation through telephone£¬ and in writing£¬i.e. business correspondence which includes letters£¬ faxes£¬ e-mails£¬ telexes£¬etc. Whatever is chosen for the negotiation of a contract£¬four main steps are generally followed before a contract is concluded£ºenquiry£¬offer£¬counter-offer and acceptance.

Chapter two

III Explain the following terms 1 shipment contract

´ð£º Shipment contract is a contract using an Incoterm which indicates that the delivery happens at the time or before the time of

shipment.

2 symbolic delivery

Symbolic delivery is a delivery situation in which when the seller delivers the buyer does not physically receive the goods. This kind of delivery is proved by the submission of transport document by the seller to the buyer. 3 arrival contract

Arrival contract means a contract using an Incoterm which indicates that the delivery happens when the goods arrive at the destination. 4 actual delivery

Actual delivery refers to a delivery situation in which when the seller delivers the buyer does physically receive the goods.

IV. Short questions

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

´ð£ºShipment 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.

2 What are the differences and similarities between CIP and CIF?

´ð£ºMajor 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.

3 Who is responsible for carrying out customs formalities for exports

under an FOB contract?

´ð£ºSeller. 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.

4 If a Chinese trader signs a FOB Hamburg contract, is he exporting or importing?

´ð£ºImporting. 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. (±äÐÎ)

An FOB contract stipulated, \shipment will be effected in March

2008. If the 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.\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?

Îö£º a°¸ÀýÖÐÌáµ½¡°shipment will be effected in March 2008¡±,ÕâÖÖÈ·¶¨×°ÔËʱ¼äµÄ

·½Ê½ÔÊÐíÔÚÕû¸ö3ÔÂ·ÝÆÚ¼äµÄÈκÎʱ¼ä½øÐÐ×°ÔË¡£Ò²¼´ÊÇ˵£¬×°Ô˵Ä×îºóÆÚÏÞΪ08Äê3ÔÂ31ÈÕ¡£bÎÄÖÐÌáµ½µÄ¡°additional 27 days¡±,¸ù¾ÝºÏͬÂô·½Í¬ÒâÔÚÂò·½´¬ÆÚÑÓÎóµÄÇé¿öÏÂΪÆä½«»õÎï±£Áôµ½4ÔÂ27ÈÕ¡£ £¨1£©´ð°¸£ºYes¡£

´ðÌâÇÐÈëµã£ºa FOBÊõÓï¹ØÓÚË«·½·ÑÓû®·ÖµÄ¹æ¶¨£»b ºÏͬ±¾ÉíµÄÌõ¿î¹æ¶¨¡£ £¨2£©´ð°¸£ºNo¡£

´ðÌâÇÐÈëµã£ººÏͬ±¾ÉíµÄÌõ¿î¹æ¶¨¡£

£¨3£©ÕâÌâÓëµÚÒ»ÌâÏà±È£¬²»Í¬µÄÒ»µãÔÚÓÚ¡°with a better price¡±¡£½â´ðʱӦ¶ÔÕâÒ»µã½øÐзÖÎö£ºÔÚÂô·½Âô³ö»õÎï»ñµÃ¸ü¸ßÀûÈóµÄÇé¿öÏ£¬ËûÊÇ·ñ»¹Ó¦»ñµÃÏà¹ØÅâ³¥£¿ ´ð°¸£ºYes¡£

´ðÌâÇÐÈëµã£ººÏͬ±¾ÉíµÄÌõ¿î¹æ¶¨¡£

4. £¨ÈÕÆÚ±äÐΣ©A Shanghai company signed a CIF contract to sell Christmas goods to a British company. The $1 million contract stipulated, \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? Îö£ºÂô·½ÊÜËðµÄÔ­ÒòÊÇ»õÎï´ïµ½Ä¿µÄ¸ÛµÄʱ¼äÍíÓÚºÏͬ¹æ¶¨µÄʱ¼ä£¬Òò´ËÂò ·½

¾ÜÊÕ»õÎï¡£´Ó±íÃæÉÏ¿´£¬ËƺõÎÊÌâ¾ÍÊdzöÔÚÂô·½Î¥Ô¼ÉÏ£¬µ«Èç¹û×Ðϸ·ÖÎö¾Í»á·¢ÏÖ£¬ ¸ÃºÏͬ±¾ÉíµÄÄÚÈݾʹæÔÚ×ÔÏàì¶ÜµÄÎÊÌâ¡£ºÏͬÓõÄÊÇCIFÊõÓÂô·½ÔÚ»õ¹ý´¬ÏÏʱ·çÏÕ¾Í×ªÒÆ¡£Âô·½¼È²»³Ðµ£ÔËÊä;ÖеķçÏÕ£¬Ò²²»±£Ö¤»õÎïÊÇ·ñÄִܵïÄ¿µÄ¸Û¡£CIFºÏͬ±¾ÖÊÉÏÊÇÒ»¸ö¡°shipment contract¡±¡£µ«¼ÓÉÏÒ»Ìõ±£Ö¤µ½°¶Ê±¼äµÄÌõ¿îºó£¬ºÏͬµÄÐÔÖÊ·¢ÉúÁ˱仯£ºËü±ä³ÉÁËÒ»¸ö¡°arrival contract¡±¡£Ò²¾ÍÊÇ˵£¬ÔÚ»õÎﰴʱµÖ´ïÄ¿µÄ¸Û֮ǰµÄÒ»ÇзçÏÕ¶¼ÓÉÂô·½³Ðµ££¬·ñÔòÂô·½¾ÍÊÇÎ¥Ô¼¡£ £¨1£©´ð°¸£ºNo.

´ðÌâÇÐÈëµã£ºa CIFÊõÓï¶ÔË«·½·çÏÕ¼°ÒåÎñµÄ»®·Ö£¬µã³ö¡°shipment contract¡±ÕâÒ»¸ÅÄb ½âÊÍ¡°arrival date¡± clause¶ÔºÏͬÐÔÖʵĸı䡣 £¨2£©´ð°¸£º DES¡£

´ðÌâÇÐÈëµã£º¶Ô±ÈÁ½¸öÊõÓïÔÚÒåÎñ¡¢·ÑÓû®·ÖÉϵÄÏàËÆ³Ì¶È¡£

Chapter three

III Explain the following terms £± inquiry

´ð£º An inquiry is the act of a potential client asking for information from the counterpart to his intention in buying or selling a certain commodity. 2 offer

´ð£º An offer is a sufficiently definite proposal addressed to one or more specific persons for concluding a contract£¬ necessarily

indicating the intention of the offeror to be bound in case of acceptance.

IV Short questions

£± What are the four components of the standard form of a price£¿ ´ð£º A code of currency£¬ a number£¬ a unit and a trade term. £² What are the differences and similarities between commission and discount£¿

´ð£º Similarities£º Both commission and discount are used as incentive to promote transactions.

Differences£º a. Commission payment is an add-up on top of the original price£¬ while discount a reduction£» b. Commission mainly applies to transactions which involve middleperson or agent. Discount can be used without particular prerequisites.

V£®Case Studies

1. AC Company offered to sell goods at \per case CIF New York\The importer requested a revised quote for CFRC5%. The premium rate for insurance was 1.05% and mark-up for insurance was 10%. To get the same export revenue, what would be AC's new offer?

A: CFR = CIF x ( 1- U x R) = USD100 x (1-110% x 1.05%) = USD98.845

CRFC5 = CFR / (1- C%) = USD98.845 / (1-5%) = USD104.047

AC¡¯s new offer would be ¡°USD 104.047 per case CFRC5% New York¡±.

2 The price quoted by an exporter was \per case FOB Shanghai\The importer requested a revised quote for CIF Auckland. If the freight was USD50 per case, 110% of the value was to be insured, and the premium rate for insurance was 0.8%, what would be the new price?

A: CFR = FOB + F = 450 + 50 = USD500

CIF = CFR/(1- U x R) = 500/(1- 110% x 0.8%) = 500 / 0.9912 = USD504.44

The new offer would be ¡°USD504.44 per case CIF Auckland¡±. Chapter four

III£®Calculation

Company C has a contract to export 10 metric tons of Seafood£¬ to be packed in cartons each of 40 lb.£¨1lb £½0.45358kg£©£¬ with a 5% more or less allowed both in quantity and in amount.

1 How many cartons of Seafood can Company C deliver at most£¿ 2 How many cartons of Seafood should Company C deliver at least£¿ ½â£º1lb £½0.45358kg so 40 lb £½18.144kg Maximum£º £Û10¡Á1000kg ¡Á£¨1 £«5%£©£Ý £¯18.144 £½578.7 £¨Attention£º 0.7 should be deleted here£© £½578 cartons

Minimum£º £Û10 ¡Á1000kg ¡Á£¨1£­5%£©£Ý £¯18.144 £½523.6£¨Attention£º 0.6should be added here£© £½524cartons

Answer£º £±£© At most£¬ Company C can deliver 578 cartons of Seafood. £²£© At least£¬ Company C should deliver £µ£²£´ cartons.

IV Explain the following terms 1 quality latitude

´ð£º Quality latitude means the permissible range within which the quality of the goods delivered by the seller may be flexibly controlled. 2 quality tolerance

´ð£º Quality tolerance refers to the quality deviation recognized £¨ e.g.by some industry£©£¬ which allows the quality of the goods delivered to have certain difference within a range. £³ more or less clause

´ð£º ¡°More or less clause¡± refers to the stipulation constituting part of the quantity clause in the contract that allows the seller to deliver

the goods with a certain percentage of more or less in quantity accordingly.The use of ¡°more or less clause¡± is for the sake of efficient. 4 F.A.Q.

´ð£ºF.A.Q. is the abbreviation of ¡°fair average quality¡± F.A.Q. is a kind of standard used to indicate that the quality of the product offered is about equal to the average quality level of the same crop within a certain period of time £¨e.g. a year.£©.

VI. Case Studies

1 A Beijing company signed a contract to import wool from Australia. The quantity was specified as ¡°20 M/T¡±. When the wool was delivered, it had a regain of 33%. (1) What is a regain?

(2) Why did the buyer get a bad deal?

(3) If the standard regain is 10%, and actual regain is 33%, what is the conditioned

weight?

Îö£º±¾ÌâµÄ½âÌâÒªµã£ºa. ÎÄÖÐÌáµ½ºÏͬԼ¶¨µÄÊýÁ¿ÊÇ¡°20MT¡±£¬Ó¦Àí½âΪ¾»ÖØ¡£

ÒòΪ¼ÆËãÖØÁ¿µÄ·½·¨ÓÐÃ«ÖØ£¬¾»ÖØ£¬¹«Á¿µÈ£¬¶ø¸ù¾ÝÁªºÏ¹ú¹ú¼Ê»õÎïÏúÊÛºÏͬ¹«Ô¼µÚÎåÊ®ÁùÌõ£¬Èç¹û¼Û¸ñÊǰ´»õÎïµÄÖØÁ¿¹æ¶¨µÄ£¬ÈçÓÐÒÉÎÊ£¬Ó¦°´¾»ÖØÈ·¶¨¡£b. ºÏͬÉÌÆ·µÄÑò룬¾ßÓнÏÇ¿µÄÎüʪÐÔ£¬ÆäËùº¬µÄË®·ÖÊܿ͹ۻ·¾³µÄÓ°Ïì½Ï´ó£¬¹ÊÆäÖØÁ¿ºÜ²»Îȶ¨¡£ÎªÁË׼ȷ¼ÆËãÕâÀàÉÌÆ·µÄÖØÁ¿£¬¹ú¼ÊóÒ×ÖÐÂòÂôË«·½Í¨³£»áÔ¼¶¨±ê×¼£¨¹«¶¨£©»Ø³±ÂÊ£¬ ²ÉÓ𴹫Á¿¼ÆËãµÄ°ì·¨¡£ (1) ´ð°¸£º»Ø³±ÊÇÖ¸»õÎÏËά²ÄÁÏ£©ÔÚ»·¾³Î¶ÈÏÂÎüʪº¬Ë®µÄÏÖÏó¡£ »Ø³±ÂÊÔòÊÇÖ¸»õÎÏËά²ÄÁÏ£©º¬Ë®ÖØÁ¿Õ¼»õÎÏËά²ÄÁÏ£©¸ÉÖØµÄ°Ù·Ö±È ´ðÌâµÄÇÐÈëµã£º»Ø³±£¨ÂÊ£©µÄ¸ÅÄî

(2) ´ð°¸£ºÂò·½Õâ±Ê½»Òײ»»®Ëã¡£ÒòΪºÏͬÖÐûÓÐÃ÷È·¹æ¶¨¼ÆËãÖØÁ¿µÄ·½·¨£¬Ö»Äܰ´¾»ÖؼÆËã¡£Òò´Ëµ±Âô·½Êµ¼Ê½»»õµÄÑò룬Òò¾ßÓнÏÇ¿µÄÎüʪÐÔ¶øÆäËùº¬µÄË®·Ö¸ß´ï33%ÊÇ£¬Âò·½Ò²±ðÎÞËû·¨£¬Ö»µÃ°´¾»ÖØ£¨Á¬´ø33%µÄË®·Ö£©¼ÆË㸶¿î¡£

¡ß Conditioned Weight = Dried Net Weight x(1+ Standard Regain)

1+ Standard Regain 1+ Actual Regain

¡à Dried Net Weight = Net Weight / (1+ Actual Regain) = 20 / (1+33%) = 15.04 M/T

Moisture content = Actual Weight ¨C Dried Net Weight

= 20 ¨C 15.04 = 4.96 M/T

or ¡ßRegain = (moisture content / oven dried weight) x 100%

= (moisture content / actual weight ¨Cmoisture content) x 100% ¡àMoisture content = (regain x actual weight)/(1+regain) = (33% x 20)/(1+33%) = 4.96 M/T Dried net weight = actual weight ¨Cmoisture content = 20 ¨C 4.96 = 15.04 M/T

´ðÌâµÄÇÐÈëµã£ººÏͬԼ¶¨¼ÆËãÖØÁ¿µÄ·½·¨²»Ã÷È·

= Net Weight x

(3) ´ð°¸£ºÈç°´¹«Á¿¼ÆË㣬 ÕâÅú»õÖ»ÓÐ16.54 ¹«¶Ö¡£

¼ÆË㣺

1+ Standard Regain RegainStamdReRegai1+ Actual Regain

= 20 x [(1+ 10%)/(1+33%)] = 16.54 M/T ´ðÌâµÄÇÐÈëµã£º¹«Á¿µÄ¼ÆËã

Conditioned Weight = Net Weight x

Chapter five III£®Calculation

£±(µØµãµÈ±ä)The price quoted by an exporter was ¡°USD£³£¸ per case FOB

Liverpool¡±. The importer requested a revised CFR Liverpool price. If the size of each case was £µ£°cm ¡Á£´£°cm¡Á£³£°cm£¬ gross weight per case was £´£°kg£¬ freight basis was W £¯M and the quotation for London is USD£±£°£° per ton of carriage£¬ plus £²£°£¥ bunker adjustment factor £¨BAF£© and £±£°£¥ currency adjustment factor £¨CAF£©£¬ what would be the CFR price£¿

½â£º W £½£´£°kg £½£°.£°£´m £¯t

M £½£µ£°cm ¡Á£´£°cm ¡Á£³£°cm £½£°.£µ ¡Á£°.£´ ¡Á£°.£³ £½£°.£°£¶cm£³ M £¾W£¬ M will be used as freight basis for freight calculation

Freight per case £½M ¡Ábasic freight rate ¡Á£¨£± £«BAF rate £«CAF rate£© £½£°.£°£¶ ¡Á£±£°£° ¡Á£¨£± £«£²£°£¥ £«£±£°£¥£© £½USD £·.£¸ CFR £½FOB £«Freight £½£³£¸ £«£·.£¸ £½USD £´£µ.£¸

Answer£º The CFR price would be USD £´£µ.£¸ per case CFR Liverpool.

£² One consignment of £±£° cartons of leather shoes£¬ measurement of each carton is £µ£°x£µ£°x£µ£°cm£¬ gross weight of each is £±£µKG. The air freight rate quoted for the flight required is USD£±.£³£¯KG. How much air freight should be paid to the carrier£¿

½â£º W £½£±£µkg

M £½£¨£µ£° ¡Á£µ£° ¡Á£µ£°£©/£¶ £°£°£°cm£³ £½£²£°.£¸£³cm£³ M £¾W

Freight £½USD£±.£³£¯kg ¡Á£²£°.£¸£³ ¡Á£±£° cartons £½USD £²£´£°.£·£¹ Answer£º The air freight is USD £²£·£°.£¶£¶.

IV Explain the following terms 1 demurrage

´ð£º Demurrage is the amount of money paid as a penalty at an agreed rate by the Charterer to compensate the ship-owner for his losses in case the charterer fails to have loading and unloading completed within the lay time. In a sales contract£¬ demurrage is paid to the charterer £¨buyer or seller£© by the other party £¨seller or buyer£© in case the loading or unloading completes beyond the stipulated lay time. 2 FCL

´ð£º FCL£¬ a short for Full Container Load£¬ is one type of the two container transportation services.If the goods are of a container load£¬ FCL service shall be adopted. Under FCL service£¬ the freight is calculated based on container capacity and the origin and destination of the goods£¬ not on the quantity of the goods involved as in the case of LCL£¬ the other type of the container transportation services.

V Short questions

£± Under what circumstances does time of shipment equal to the time of delivery£¿

´ð£º Time of shipment refers to the time limit for loading the goods on board the vessel at the port of shipment while time of delivery refers to the time limit during which the seller shall deliver the goods to the buyer at the agreed place. For all shipment contracts£¬ time of shipment equals to time of delivery and they can be used interchangeably in the contract.According to Incoterms 2000£¬ contracts concluded on the basis of terms like FOB£¬ CFR£¬ CIF£¬ FCA£¬ CPT£¬ CIP are shipment contracts. Under the shipment contract£¬ the seller fulfills his obligation of delivery when the goods are shipped on board the vessel or delivered to the carrier and the seller only bears all risks prior to shipment. £² What are the functions of a bill of lading£¿

´ð£º A bill of lading has three major functions£º First£¬ it is a cargo receipt. Second£¬ it is evidence of a contract of carriage.Finally£¬ it is a document of title to the goods.

VI. Case Studies

1. ABC co. signed a contract to export 200 M/T of beans. The letter of credit

stipulated, ¡°Partial shipment not allowed¡±. When the shipment was being made, the exporter loaded 100 M/T each on board the same vessel for the same voyage at the port of Shanghai and the port of Dalian. The shipment document was clearly marked with the ports of shipment and the dates of shipment. Did the

exporter violate the terms of the L/C?

Îö£º±¾ÌâµÄ½âÌâÒªµã£ºUCP600µÚÈýʮһÌõ£ºb.±íÃ÷ʹÓÃͬһÔËÊ乤¾ß²¢¾­ÓÉͬ

´Îº½³ÌÔËÊäµÄÊýÌ×ÔËÊäµ¥¾ÝÔÚͬһ´ÎÌύʱ£¬Ö»ÒªÏÔʾÏàͬĿµÄµØ£¬½«²»ÊÓΪ²¿·Ö·¢ÔË£¬¼´Ê¹ÔËÊäµ¥¾ÝÉϱíÃ÷µÄ·¢ÔËÈÕÆÚ²»Í¬»ò×°»õ¸Û¡¢½Ó¹ÜµØ»ò·¢Ô˵ص㲻ͬ¡£°¸ÀýËäȻûÓÐ˵Ã÷»õÎïÊÇ·ñÔÚͬһĿµÄ¸Ûж»õ£¬µ«Èç¹ûûÓÐÇ¿µ÷˵Ã÷£¬Ò»°ãÈÏΪÊÇͬһ¸öÄ¿µÄµØ¡£

´ð°¸£ºNo, Âô·½Ã»ÓÐÎ¥·´ÐÅÓÃÖ¤¡°²»ÔÊÐí×°´¬¡± µÄ¹æ¶¨¡£ ´ðÌâÇÐÈëµã£º¶Ôת´¬µÄ¶¨ÒåºÍÏà¹Ø¹æ¶¨µÄÀí½â¡£

Chapter six

III Explain the following terms £±insurable interest

´ð£º Insurable interest is the interest in insurance subject matter £¨cargo or property accepted for insurance£© held by the insurant and recognized by laws£¬ indicating that the insurant will suffer some financial losses if any maritime risks materialize. 2 indemnity principle

´ð£º The indemnity principle means that in the event of loss of or damage to the subject matter resulting from an insured peril£¬ the insurer shall compensate the claimant exactly what the latter has lost in the occurrence of the peril³©In practice£¬ this is almost always compensated by paying an amount of money equal to the value of the goods lost or damaged.

3 proximate cause principle

´ð£º The proximate cause refers to the major and £¯or effective reason that has caused the accident and the proximate cause principle is employed in the judgment of causation between accidents and losses.

IV Short questions

2 What are the differences between general average and particular average£¿

´ð£º Although both general average and particular average belong to the category of partial loss£¬there is still some differences between them£ºCauses£º Particular average is a kind of cargo loss usually caused directly by sea perils£¬while general average is caused by intentional measures taken to save the common interest. Indemnification£ºParticular average is often borne by the party whose cargo is damaged£¬ while general average should be proportionally contributed among all parties benefited from the intentional measures.

3 What are the conditions for general average£¿

´ð£º A partial loss can be treated as general average if it is formed upon the following conditions£º

The danger that threats the common safety of cargo and £¯or vessel shall be materially existent and is not foreseen.

The measures taken by the master shall be aimed to remove the common danger of both vessel and cargo and shall be undertaken deliberately and reasonably for common safety.

The sacrifice shall be specialized and not caused by perils directly and the expense incurred shall be additional expense which is not within the operation budget.

The actions of the ship¡¯s master shall be successful in saving the voyage.

V Calculation

£± A Chinese company offered to a British counterpart at USD£µ£°£° per case FOB Shanghai.The British importer asked the exporter to offer a CIF price. Suppose the freight is USD £µ£° per case and premium rate is £°.£µ£¥£¬ what would the new offer be£¿

½â£º Calculation£º

CIF £½ FOB £«F/(£± £­£±£±£°£¥ ¡ÁR )£½500£«50/(£± £­£±£°£°£¥¡Á£°£®£µ£¥)¡Ö USD £µ£µ£³

Answer£º The new offer is USD£µ£µ£³ per case CIF Shanghai.

VI Case studies

£± X Company signed a CIF contract to export candies.The cargo was insured for ¡°all risks¡±.Due to the long voyage£¬ candies absorbed sweating in the ship¡¯s hold£¬ and thus softened and degraded.Was the insurance company liable for the damage£¿ Why or why not£¿

Îö£º ´ð°¸£ºNo¡£°¸ÀýÖÐÌáµ½¡°due to the long voyage£¬ candies absorbed sweating in the ship¡¯s hold and thus softened and degraded¡±£¬ Õâ˵Ã÷candies ±äÈíµÄÔ­ÒòÔÚÓÚ³¤Ê±¼äº£ÉÏÔËÊ䣬ÎüÊÕÁË´¬²ÕµÄÈÈÆøËùÖ¡£±£ÏÕ¹«Ë¾²»Ó¦¸øÓëÅâ³¥Ô­ÒòÓÐÈý£º

a.ÔÚ»õÎïÔËÊä±£ÏÕÖÐûÓС°³¤Ê±¼äÔËÊ䡱ÕâÒ»·çÏÕ£»b.candy ±äÈíÊÇÓÉÓÚÆä±¾ÉíµÄ»õÎïÌØÐÔ¾ö¶¨µÄ£¬Ìǹû¼´Ê¹ÔÚ³£ÎÂϰڷÅÒ»¶Îʱ¼ä¶¼»á±äÈí£¬Òò´Ë¿ÉÈÏΪÊÇÌǹûµÄÄÚÔÚ覴ã¨inherent vice£©Ëùµ¼Öµģ»c.ËäȻһ°ã¸½¼ÓÏÕÖаüº¬ÁË¡°heating and sweating¡±ÕâÒ»ÏÕÖÖ£¬µ«´ËÏÕÖÖÊÇÖ¸ÓÉÓÚijÖÖÒâÍâµÄÔ­Òò£¨Èç´¬ÉϵÄÖÆÀäÉ豸»µÁË£©µ¼Ö´¬²ÕÄÚζȡ¢Êª¶ÈͻȻ±ä»¯£¬Ôì³É»õÎïÆ·Öʱ仯µÄÇé¿ö£¬±¾°¸Àý²»ÊôÓÚ´ËÇé¿ö¡£

´ðÌâµÄÇÐÈëµã£ºa.»õÎïinherent vice ÊôÓÚ±£ÏÕ¹«Ë¾µÄ³ýÍâÔðÈΣ» b.¡°heating and sweating risk¡± µÄÊÊÓ÷¶Î§

3 On a voyage the cargo ship had an accidental fire. To save the ship£¬ the captain ordered to have water poured into the compartment. The fire was put out.

£¨£±£© For party X£¬ her goods burnt amounted to £±£°£¥ of USD0.5 million cargo£»

£¨£²£© For party Y£¬ his goods damaged due to water poured accounted for £²£°£¥ of USD£±million cargo£»

£¨£³£© For the carrier£¬ engine damages due to the fire equaled 10£¥ of USD50 million ship£»

£¨£´£© Extra wages for the seamen totaled USD50 000. Based on the information above£¬indicate £±£© Which is PA£¿ £²£© Which is GA£¿

£³£© What is the GAcontribution for each party£¿

½â£º ±¾ÌâµÄ¹Ø¼üÔÚÓÚ¶Ô¹²Í¬º£ËðºÍµ¥¶Àº£ËðµÄÇø±ðºÍ¹²Í¬º£Ëð·Ö̯µÄ¼ÆËã¡£µ¥¶Àº£ËðÊdzб£·çÏÕËùÖ±½Óµ¼ÖµĴ¬»õËðʧ¡£¹²Í¬º£Ëð²»Êdzб£·çÏÕËùÖ±½Óµ¼ÖµÄËðʧ£¬¶øÊÇÖ¸ÔØ»õµÄ´¬²°ÔÚº£ÉÏÓöµ½ÔÖº¦»òÕßÒâÍâʹʣ¬Íþвµ½´¬»õ¸÷·½µÄ¹²Í¬°²È«£¬Îª½â³ýÕâÖÖΣÏÕ£¬Î¬»¤´¬»õ°²È«£¬ÓÉ´¬·½ÓÐÒâʶµØ¡¢ºÏÀíµØ²ÉÈ¡´ëÊ©£¬Ëù×÷³öµÄÄ³Ð©ÌØÊâÎþÉü»òÖ§³öµÄij Щ¶îÍâµÄ·ÑÓá£

£±£© ´ð°¸£ºParty X ºÍcarrier µÄËðʧ¡£

£²£© ´ð°¸£ºParty Y µÄËðʧºÍº£Ô±µÄÕü¾È·ÑÓá£

´ðÌâÇÐÈëµã£º¹²Í¬º£ËðºÍµ¥¶Àº£ËðµÄÇø±ð£¬¼°Âú×㹲ͬº£ËðµÄÌõ¼þ¡£ £³£© GA Total loss £½£²£°£¥ ¡Á£± £«0.05 £½USD0.25m

GA Total Benefit £½0.5 ¡Á£¹£°£¥ £«£µ£° ¡Á£¹£°£¥ £«£± £½USD46.45m GA contribution rate £½£ÛGA total loss £¯GA Total Benefit£Ý ¡Á£±£°£°£¥ £½£¨0.25£¯46.45£© ¡Á£±£°£°£¥ £½0.0054

GA Contribution by X £½£°.£µ ¡Á£¹£°£¥ ¡Á0.0054£½0.00243m¡ÖUSD2430 GA Contribution by Y £½£± ¡Á0.0054 £½0.0054m¡ÖUSD5400

GA Contribution by Carrier £½£µ£° ¡Á£¹£°£¥ ¡Á0.0054 £½0.243m¡ÖUSD243000 ´ðÌâÇÐÈëµã£º¹²Í¬º£Ëð¼ÆËãµÄ²½Öè¡£

Chapter seven

D/P (documents against payment) In D/P terms, the collecting bank

release the documents to the importer only upon full and immediate cash payment.

D/A (documents against acceptance) If a period of credit to the importer has been agreed upon, then a usance bill of exchange will be used and instructions will require the documents to be releases against acceptance by the importer. In this case, the importer signs his acceptance across the face of the draft, which is now due for payment on a future date, and obtains the documents of little to the cargo.

III Short questions

£´An exporter£¬ Wu Co£¬ received an L £¯C issued by Bank B and confirmed by Bank K. After Wu shipped the goods£¬ Bank B declared bankruptcy. Will Wu have sleepless nights£¿

´ð£º No£¬ Wu Co. does not need to worry about the payment. When the L £¯C is confirmed£¬ the confirming bank holds the same definite undertaking as the issuing bank to pay or to pay at maturity in case of acceptance.

8 Use an example to explain why a back-to-back credit is needed. ´ð£º A back to back credit is normally used by middleperson for the protection of his interest . For example£¬ agent A received a documentary credit from the end buyer B£¬ A can use this credit as a backup to apply for the opening of a new credit in favor of the end

supplier C. By doing so A can be sure that neither B nor C would know each other£¬ therefore well protecting A¡¯s business confidentiality.

IV Case Studies

£±On September £±£¬ X Company signed a contract to export goods to the U.S.On September 30£¬City Bank sent an irrevocable L £¯C with an amount of USD30,000. The L £¯C stipulated shipment during October£¬ and Bank of Tokyo to be the

reimbursing bank. On October £²£¬ Bank of China advised X of the L £¯C.But ten days later£¬ X learnt that the importer was near bankruptcy. How should X deal with the situation£¿

Îö£º a.°¸ÀýÖÐX ¹«Ë¾ÊÕµ½µÄÊÇÒ»·Ý²»¿É³·ÏúµÄÐÅÓÃÖ¤£¨an irrevocable L £¯C£©£¬ËµÃ÷X¹«Ë¾ÔÚÂú×ãÐÅÓÃÖ¤ËùÁÐÌõ¼þµÄÇé¿öÏ£¬¿ÉÒÔÖ±½Ó´Ó¿ªÖ¤Ðлò¿ªÖ¤ÐÐÖ¸¶¨ÒøÐлñµÃ»õ¿î£¬¶ø²»Ð迼Âǽø¿ÚÉ̵Ä×´¿ö¡£b.ÔÚÕâÖÖÇé¿öÏ£¬X ¹«Ë¾ÔÚ×ö¾ö²ßʱ£¬ÐèÒª¿¼ÂǵÄÒ»ÊÇ×ÔÉíÍê³ÉÐÅÓÃÖ¤ËùÁÐÌõ¼þµÄÄÜÁ¦£¬¶þÊÇÓë½ø¿ÚÉ̵ĺÏ×÷ÎÊÌâ¡£ ´ðÌâÇÐÈëµã£ºa. ÐÅÓÃÖ¤Ö§¸¶Çé¿öϸ÷·½µÄ¹ØÏµ£»b. X ¹«Ë¾¿ÉÑ¡ÔñµÄ×ö·¨¼°×¢ÒâÊÂÏî¡£