国际贸易实务(英文版)(第二版)周瑞琪4TermsofCommodity课件.ppt

1、2020/11/30SEIB OF GDUFS2Learning objectives lAfter reading this chapter you should be able toexplain the different ways of quality stipulationoutline the quantity measurement units and systems describe the approaches to weight calculationunderstand the functions and features of different types of ex

2、port packaging identify marking on the packing of goods for international sales compose quality,quantity and packing clauses properly 2020/11/30SEIB OF GDUFS34.1 Name of commoditylSignificanceCISG Article 35:The seller must deliver goods which are of the quantity,quality and description required by

3、the contract and which are contained or packaged in the manner required by the contractlIssues concerning stipulating name in sales contract:being clear,specific&precisebeing practicaladopting the widely accepted name(HS Code)2020/11/30SEIB OF GDUFS44.2 QualitylDefinition:refers to the intrinsic ele

4、ments of commodities including the internal properties or ingredients as well as the external appearance.2020/11/30SEIB OF GDUFS54.2 Quality:ways of quality stipulation2020/11/30SEIB OF GDUFS64.2 Quality stipulation Sale by descriptionlSpecificationcomprise some important indicators such as composit

5、ion,content,purity,length,size,etc.ExampleChina Sesame Seed lMoisture:8%max.lAdmixture:2%max.lOil content:52%basis2020/11/30SEIB OF GDUFS74.2 Quality stipulation Sale by descriptionlSale by gradebe indicated simply by stating its grade,as presumably the seller and the buyer are supposed to have reac

6、hed a consensus on the classification implication of grades.to avoid misunderstanding and the subsequent disputes,however,it is recommended to lay down some major specifications2020/11/30SEIB OF GDUFS84.2 Quality stipulation Sale by descriptionlsale by grade:example Fresh Hen Eggs,shell light brown

7、and clean,even in sizeGrade AA:60-65gm per eggGrade A:55-60gm per eggGrade B:50-55gm per eggGrade C:45-50gm per egg 2020/11/30SEIB OF GDUFS94.2 Quality stipulation Sale by descriptionlSale by standardwhen specifications or grades are laid down and proclaimed in a unified way,they become standards.Ex

8、amplelTetracycline HCL Tablets(Sugar Coated)250mg.B.P.1973 lChina Northeast Soybean 2006 New Crop,F.A.Q:Moisture 15%max.Admixture 1%max.2020/11/30SEIB OF GDUFS104.2 Quality stipulation Sale by descriptionlSale by standard:F.A.Q.&G.M.QF.A.Q.:lindicating that the quality of the a product offered is ab

9、out equal to the average quality level of the same crop within a certain period of time(e.g.a year.)lgenerally suitable for agricultural products.G.M.Q.:lthe quality of the goods offered are sufficiently good to satisfy the purposes for use or consumption which are mutually understood by the buyer a

10、nd the sellerlused sometimes as the bottom-line of quality requirement.2020/11/30SEIB OF GDUFS114.2 Quality stipulation Sale by descriptionlSale by brand name or trade mark to define the quality of some products by simply referencing to their brand names or trademarks.ExampleslSony Televisionsl Haie

11、r RefrigeratorslTigerhead batteries lPanasonic Television,TH-42PV65C 2020/11/30SEIB OF GDUFS124.2 Quality stipulation Sale by descriptionlSale by originto use the name of the place of origin as the indication for quality ExamplelWest-lake Longjing Tea,Grade 1,Zhejiang Origin 2020/11/30SEIB OF GDUFS1

12、34.2 Quality Sale by descriptionlSale by descriptions or illustrations specific descriptions,sometimes with illustrationsExamplelPanasonic Television,TH-42PV65C,quality and technical data to be strictly in conformity with the instructions attached.lHaier Refrigerator,Model XXX,quality and technical

13、data to be strictly in conformity with the descriptions submitted by the seller.2020/11/30SEIB OF GDUFS144.2 Quality stipulation Sale by samplelSale by sampleDefinition:a sale when the seller and buyer agree that sample is used as the basis of quality and condition of the goods to be delivered.Examp

14、lelTeddy Bear Size 15,Quality as per Sample X071118A2020/11/30SEIB OF GDUFS154.2 Quality stipulation sale by sample lSale by sellers samplemade on the basis of the sample provided by the sellerlSale by buyers samplemade on the basis of the sample provided by the buyerlSale by counter sampleCounter s

15、ample:a replica made by the seller of the sample provided,normally by the buyercounter sample used as the basis for qualityto remove the risk of the seller a good substitute to sale by buyers sample2020/11/30SEIB OF GDUFS164.2 QualitylIssues concerning quality clause in sales contract:adopting the r

16、ight wayavoiding double standardbeing clear,practical and reasonablemaking use of Quality Latitude or Tolerance making price adjustment when necessary inserting sellers protecting clause when necessary 2020/11/30SEIB OF GDUFS174.2 QualitylQuality latitude:definitionthe permissible range within which

17、 the quality of the goods delivered by the seller may be flexibly controlled lQuality tolerance:definitionthe quality deviation recognized in the trade,which allows the quality of the goods delivered by the seller to have certain differences within a range 2020/11/30SEIB OF GDUFS184.2 QualitylHow to

18、 stipulate quality latitude/toleranceto stipulate a certain scope,e.g.the width of the cotton cloth is 47/48 inches.to stipulate“max”or“min”e.g.Moisture:8%max.Admixture:2%max.to stipulate more or less e.g.ducks down content 18%1%2020/11/30SEIB OF GDUFS194.2 QualitylStipulating quality latitude:examp

19、les“Quality shall be about equal to the sample”“Quality is nearly the same as the sample”“The quality of the goods shipped to be about equal to the sample”“Shipment shall be similar to the sample.”2020/11/30SEIB OF GDUFS204.2 QualitylSafeguard Clause:examples“It is the buyer rather than the seller w

20、ho shall be responsible for any disputes arising from the infringement of the third partys intellectual properties.”For any cotton piece goods produced with the design,trade marks,brands,and/or stampings provided by the buyer,should there be any disputes arising from the infringement upon the third

21、partys industrial property rights,it is the buyer to be held responsible for it.2020/11/30SEIB OF GDUFS214.3 QuantitylUnits of quantity calculation Weight:metric ton,tonne,kilogramme,long ton,short tonNumber:piece,dozen,set Length:meter,kilometer,yard,foot,inch)Area:km2,yd2,ft2 Volume:km3,yd3,ft3 Ca

22、pacity:liter,gallon,quart,pint,bushel 2020/11/30SEIB OF GDUFS224.3 QuantitylMeasurement systemsthe Metric Systemthe U.S.Systemthe British System the International System of Units(S.I.)2020/11/30SEIB OF GDUFS234.3 QuantitylWays to stipulate weight gross weightnet weightgross for netconditioned weight

23、theoretical weightlegal weight2020/11/30SEIB OF GDUFS244.3 Quantitygross weightgross weight=net weight+Tare lnet weightNet weight=Gross weight Tare If not stipulated,considered to be net weight ltare calculation actual/real tare average tare,customary tarecomputed tare lgross for netGoods priced by

24、their gross weight instead of the net 2020/11/30SEIB OF GDUFS254.3 QuantitylConditioned weightConditioned weight:equals to the dry weight of a commodity plus the standard moisture content Conditioned weight =Dried net weight x(1+Standard regain rate)2020/11/30SEIB OF GDUFS264.3 QuantitylTheoretical

25、weightTheoretical weight=Unit weight x QuantitylLegal weightLegal weight =Net weight+Tare(immediate packing)2020/11/30SEIB OF GDUFS274.3 Quantity Issues concerning quantity clause in sales contract:clear,specific and avoid ambiguity quantity latitude(more or less clause)llatitude:how much more or le

26、ss?ldecision:at whose option?lpricing:contract rate or market price?2020/11/30SEIB OF GDUFS284.3 QuantitylExamples of more or less clause:800 metric tons,5%more or less at sellers option20,000 metric pairs,the sellers are allowed to load 5%more or less,the price shall be calculated according to the

27、unit price in the contract1,000 metric tons 5%more or less,at Buyers option with more or less portion priced at the market price at the time of shipment.2020/11/30SEIB OF GDUFS294.4 Packing&MarkingFunctions of PackingProtecting GoodsFacilitating DeliveryReducing CostPromoting sales 2020/11/30SEIB OF

28、 GDUFS304.4 Packing&MarkinglFactors determining packingNature Properties of Cargo Mode of the TransportCustoms or Statutory Requirements General Fragility of CargoWeatherEase of Handling and StowageInsuranceTransportation Cost 2020/11/30SEIB OF GDUFS314.4 Packing&MarkinglTypes of packingSales packin

29、g Transport Packing lunit packing:drums,cases,bags,boxes.lcollective packing:pallet,flexible container 2020/11/30SEIB OF GDUFS324.4 Packing&MarkinglTypes of marking Shipping marksIndicative marksWarning marksSupplementary marks 2020/11/30SEIB OF GDUFS334.4 Packing&MarkinglFunctions of shipping marks

30、to quickens the identification to help avoid shipping errorslContents of Shipping marksConsignees code Destination Reference No.Number of packages2020/11/30SEIB OF GDUFS344.4 Packing&MarkinglExample of shipping mark2020/11/30SEIB OF GDUFS354.4 Packing&MarkinglIndicative marksto draw attention for pr

31、oper handlingExamplesFRAGILEKEEP DRY2020/11/30SEIB OF GDUFS364.4 Packing&MarkinglWarning marksto indicate dangerous cargoesSuitable for dangerous goods such as explosive,inflammable,corrosive and radioactive cargosExamplesEXPLOSIVESPOSION2020/11/30SEIB OF GDUFS374.4 Packing&MarkinglRelevant issues c

32、oncerning markingNeutral Packinglno marking of the name of the country producing the goods and/or the name of the manufacturerOEMlshort form of Original Equipment Manufacturer.luse the brand name or trade mark designated by buyers on their manufactured goods lissues concerning property right.2020/11

33、/30SEIB OF GDUFS384.4 Packing&MarkinglContents of packing clause in a sales contract packing method lthe material,dimensions,unit weight,filling material and reinforcement conditions if applicablelExamples In new iron drums of 175 kg net each In new single jute bags,100 kg net each packing cost shipping markslat sellers optionlat buyers option,the relevant shipping marks should reach the seller xx days before the time of shipment