国际贸易理论与实务(双语版)3课件.pptx

1、Chapter Three Quality of CommodityChapter Three Quality of CommoditySection One Name of CommoditySection One Name of CommoditySection Two Stipulating Methods of Commodity QualitySection Two Stipulating Methods of Commodity QualitySection Three Quality Clause in Sales ContractSection Three Quality Cl

2、ause in Sales ContractChapter Three Quality of CommodityChapter Three Quality of Commodity Learning ObjectivesAfter learning this chapter,you will be able to:1.Understand clearly the name of commodity;2.Master various methods of quality stipulated;3.Master quality clause of in a sales contract.3 Lea

3、d-in CaseQuestion:in this situation,does the buyer hold the repudiation rights?Why?One Chinese company exported a contract of grade B peanuts to a foreign country importer.When the seller was working on the delivery of the goods,he found that the grade B peanuts were out of stock.Without prior conse

4、nt of the buyer,the seller delivered the grade A peanuts instead of grade B peanuts and stated on the invoice Grade A peanuts.Price is the same,while the buyer refused the consignment.4Section One Name of CommoditySection One Name of CommodityNaming ways:（1）With its main usage to name:travel shoes,i

5、nsecticide,bicycle.（2）With main raw materials to name:sweater,glass.（3）With its main components to name:American ginseng royal jelly,aloe cream.（4）With the appearance to name:red bean,tapered roller bearing.（5）The commendatory term to name:Youth treasure,robust fruit milk.（6）The character to name:wi

6、ne of Home Kong Fu,Kong Yiji fennel.（7）Process for the production to name:Erguotou,refined oil.u1.Name of Commodity 5u2.Significance of the Name of Commodity（1）From the perspective of the law,stipulate in the contract that the subject matter of the specific name,relationship to both the transfer of

7、goods with respect to the rights and obligations of a contract for the sale,is the main trading conditions.（2）From business point of view,the name or description of the rules are both the substance of the transaction,which is the foundation and precondition.（3）Good names of commodities can generaliz

8、e the characteristics of goods,with the purchase of consumer psychology,but also can meet the consumers purchase desire.6u3.Commodity Name Clause in a Sales Contract（1）Make a realistic stipulation based on the goods,avoiding exaggeration about the commodity.（2）In the description of commodity clause

9、of the sales contract,the stipulation of the commodity must be precise and specific.（3）In the contract,it should be possible to use the international common name.Internationaly in order to have the statistic of commodity taxation,the common classification criteria is available.The Customs Cooperatio

10、n Council chaired made“harmonized commodity description and coding system”(The Harmonized Commodity Description and Coding System,H.S coding system).The system was formally implemented in January 1,1988.China using the system in January 1,1992.The preparation of Customs statistics,the GSP treatment

11、are according to H.S.Therefore,the commodity name we use should be consistent with H.S.If the seller delivers the goods do not conform with the contract name or description,the buy side has right to reject the goods,and asked to put in a claim for damages.7Section Two Stipulating Methods of Commodit

12、y QualitySection Two Stipulating Methods of Commodity Qualityu1.Methods of Stipulating Quality of CommodityThe quality of goods is the integration of intrinsic and the outer forms or shapes of goods.Intrinsic attributes includes chemical,physical,mechanical properties and biological structure.The ou

13、ter forms or shapes of goods includes shape,color,transparency,or style of the goods.81.1 Sale by Physical Commodity 以实物表示1.1.1 Sale by Sample 凭样品买卖The sample refers to the article which can be used to represent the quality of the whole lot.In merchandising,a sample is a small quantity of a product,

14、often taken out from a whole lot or specially designed and processed,which is given to encourage customers to buy the product.Sale by the sellers sample 凭卖方样品买卖 Sale by the buyers sample 凭买方样品买卖 Sale by the counter sample 凭对等样品买卖1.1.2 Sale by physical goods 看货买卖Trading under this term,the buyer insp

15、ects the goods on the spot.For instance,various trade fairs,transaction and consignment of bulk agricultural products and heavy machinery,auction,exhibition,etc.9u2.Sales by Description2.1 Sales by Specification 凭规格买卖Sales by Specification,which reflect the quality of some main indicators,such as co

16、mposition,content,purity,performance,thickness,length.Sale by specification is more convenient,accurate,which can also be adjusted according to different applications,so this method is widely used in the international trade.2.2 Sales by Grade 凭等级买卖Sale by grade means that devide quality into grade w

17、hich are in terms of the provisions of each grade specifications.For example,fresh hen eggs,shell light brown and clean,ever in size.2.3 Sales by Standard 凭标准买卖The standard is the government agency or the business community to unify specifications or grades of some goods,being published to the publi

18、c.There are specific corporate standards,national standards,regional standards or international standards.102.4 Sales by Description and Illustration 凭说明书和图表买卖Consider the commodity with complex structure,strict requirement on the material and design,such as machinery,electrical,instrumentation,sale

19、s by description and illustration generally require the vendor quality assurance technical terms of service.112.5 Sales by Trade Mark or Brand 凭商标或牌号买卖Brand name refers to commodity brands that the manufacturer or seller produce or sale,which is also known as brand.Trademark is a brand of patterned,

20、which is a specific commodity sign.Trademarks and brand are protected by the trademark law.122.6 Sales by Origin 凭产地名称买卖Oue to some special factors like natural conditions and traditional production techniques in origin,the native products are renowned for their unique specialty in quality.So we can

21、 take the origin of the goods as characteristic of the commodity when stipulating the quality of goods such as France Perfume,German Beer,China Northeast Rice.13Section Three Quality Clause in Sales ContractSection Three Quality Clause in Sales ContractFor some primary products with unstable quality

22、 like bulk agricultural byproduct,metal and mineral,which is allowed some flexibility in the quality indicators within a certain range.There are several order methods.（1）To stipulate a certain scope,such as S:0.5%0.6%0.5%/0.6%;（2）To stipulate“max”or“min”such as the highest,largest(Max:0.5%);the lowe

23、st,minimum（3）To stipulate more or less allowance,e.g.down content of down garment 16%1%.u1.Quality RangeBecause quality clause is one of the essential terms and conditions in a contract,a breach of contract by the seller will lead to a very serious consequence.In order to facilitate the sellers perf

24、ormance of the contract,certain tolerance is allowed in commodity quality.In the quality clause concerning byproducts,quality latitude is stipulated,As to manufacture goods,the concept of quality tolerance is applied.14u2.Quality ToleranceQuality tolerance is recognized internationally,which is the

25、process error of industrial manufactured goods.The existence of error is absolute,some are due to the limit of technological level and production level.These errors are allowed by the same industry.This is a quality tolerance given to the seller delivery.Within the range of tolerance,goods seller de

26、livered are qualified,the buyer can neither reject the goods nor require adjustment to the price and require returning goods and compensation.【Typical Case Link 1】Question:What mistakes did the company A make?Can Company A just turn a blind eye and ignore it by saying that the deal is not by the sam

27、ple?One Chinese foreign trade company A exported to German company B a batch of marijuana.In the contract,it was stipulated that the water should not exceed 15%,impurity not more than 3%.Before the deal,company A sent the sample to the customer and after the contract Company A advised“the sample is

28、similar to the goods”.After the arrival of the goods in Germany,the buyer B showed the inspection certification,reading the goods quality was 7%inferior to the quality of the sample,therefore the buyer claimed for 600 pounds of compensation.Company A refused the compensation and stated its reason by

29、 saying that the merchandise on delivery was selected,because of the agricultural products,it was not possible to be made exactly like the sample.But it was also not so far as below the samples quality by 7%.【Typical Case Link 2】Question:What can be learned from the case?In October,2007,a company of

30、 Hong Kong of China placed an order of 5 000 metric tons of iron manhole cover with a business enterprise in mainland on FOB basis.The total amount of the contract was USD 3.05 million(approximately RMB 22.9 million).Goods production was subject to the drawings supplied by the buyer.This contract pr

31、ovision stipulated that the quality of casting surface should be smooth,no casting cracks,porosity,and should not have blisters,shrinkage,slag and other defects.(1)Within 10 days after the contracting,the seller shall give the buyer about RMB 250 000 as the“anti-deposit”,which will be returned withi

32、n five days after the first shipment.(2)Before shipment,the seller should notify the buyer to come to the production site to do sample inspection and sign the quality confirmation.If the quality was not in conformity with what was required,the buyer should have the right to refuse the contract goods

33、.Without agreement upon the terms and conditions of transaction between the seller and the buyer,noone could terminate the contract,otherwise that party that initated contract termination should bear all economic losses.Chapter Three Quality of CommodityChapter Three Quality of Commodity Learning Objectives谢谢观看