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1、国际贸易实务 Practice of International Trade By Super Chapter Six Terms of Commodity Rule on contracts International Rules on contracts CISG 1980 United Nations Convention on Contracts for International Sale of Goods Main Content General rules governing “the formation of the contract of sale, and rights a
2、nd obligations of the seller and the buyer arising from such a sale. Contains 101 items under 4 parts Basic Principles Promotion of uniformity in application of rules governing international sale of goods in order to ensure fairness in international business Emphasis on observance of good faith in i
3、nternational trade so as to develop international commercial relations. Aspects concerning terms of commodity Description of commodity Name Quality Quantity of commodity Packing and marking of commodity 4.1 Name of Commodity Name normally merged with quality Type Specifications Requirements in adopt
4、ing name of commodity Clear and specific Agreed by both parties Select appropriate one if more than one is available (eg. H.S.) Practice Try to specify the quality of the following products. 4.2 Specifying Quality Quality Internal properties or ingredients Structure, chemical composition, biological
5、 features External appearance Shape, form, color, physical property Importance of quality term Ground for transaction Determination of price value Image of goods 4.2 Specifying Quality 4.2.1 Sale by description凭说明买卖 Sale by specification 凭规格 Comprising indicators such as composition, content, purity
6、, strength, size, etc. Simple and accurate, therefore widely adopted example Bleached Cotton Shirting 30s x 36s 72 x 69 35/36 x 42yds 漂白棉布 30 x 36支 72 x 69 35/36 x 42码 4.2.1 Sale by description Sale by grade 等级 Grade system Grade A, B, C Grade 1, 2, 3 To avoid disputes, normally grade + specificatio
7、ns Example 钨砂 三氧化钨 锡砷硫 最低最高最高最高 Grade 1700.2%0.2%0.8% Grade 265% 0.2% 0.2% 0.8% Grade 3 65% 1.5% 0.2% 0.8% 4.2.1 Sale by description Sale by standard 标准买卖 Standard by conventions, trade associations or governments Adaptable nationally or internationally Nationally: BS (British standard), ANSI (Ameri
8、can National Standards), JIS (Japanese Standards Association), GB (Guojia Biaozhun) Internationally: ISO (International Standards Organization) As standard changeable, the following is needed in description Name of organization which made the standard Time of creation eg. Tetracycline HCL Tablets Su
9、gar-coated B.P. 1973 250mg 盐酸四环素糖衣片 B.P. 1973 250毫克 4.2.1 Sale by description Other widely adopted standards F.A.Q. (Fair Average Quality) 良好平均品质/ 大路货 based on the average quality of the products in a year generally suitable for agricultural products should have F.A.Q. wording in contract Eg. China
10、peanut 2008 New Crop F.A.Q. Moisture not exceeding13% Broken ratemax.5% Oil contentmin.44% G.M.Q. (Good Merchantable Quality) 上好可销品质 Quality of goods sufficiently good to satisfy the purpose of use or consumption Used sometimes as bottom-line of quality requirement 4.2.1 Sale by description Sale by
11、trademark or brand 凭商标或牌号买卖 Only apply to those widely recognized brands or trademarks eg. Nike sports shoes Difference between brand and trademark Brand name: a company-specific name for a particular product or a group of products, usually used to differentiate that product from competitor offering
12、s. Trademark: a name or a symbol that is unique to one product, representing a commercial enterprise. It is usually registered officially thereupon protected. More detailed quality particulars are needed to avoid varieties and complexities eg. Panasonic Television, TH-42PV65C 4.2.1 Sale by descripti
13、on Sale by name of origin 凭产地买卖 Name of origin as indication of quality More suitable for agricultural products or by- products eg. 四川榨菜, 青岛啤酒 Normally used together with other quality indices such as specifications, grade or brands eg. West-lake Longjing Tea, Grade 1, Zhejiang Origin 4.2.1 Sale by
14、description Sale by descriptions and illustrations 凭说明 书或图样买卖 Suitable for full sets of equipment or instruments Clauses such as “quality and technical data to be in conformity with the description submitted by the seller” to be stipulated in the contract Technical manuals, booklets of directions, d
15、rawings or diagrams to be attached eg. Haier Refrigerator, Model xxx, quality and technical data to be in strictly in conformity with the descriptions submitted by the seller. 4.2.2 Sale by Sample Sale by sample 凭样买卖 Sample as a reference of quality or condition of the goods to be delivered Used when quality description of the goods is beyond words Bear the wording “quality as per ” Can be provided by either seller, buyer or by counter sample 4.2.2 Sale by Sample Sale by actual commodity/actual quality Selling the goods inspected by the buyer Suitable for auction, consignment, display sale
