国际贸易英文版答案Unit 2_国际贸易英文版第二版

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Unit 2

Exercises

I.Answer the following questions

1.Why should we specify name of commodities in sales contract? What details should be mind when we stipulate the clauses of name?

2.What should we watch when we follow “sale by sample”? Can we follow both “sale by sample” and sale by description” in one contract?

3.Why is “more or le” clause in that important? What should we watch when we stipulate “more or le” clause?

4.How packing is roughly claified? What are the functions of packing?

5.What marks are usually used in transportation of goods? What should we watch when those marks are made and printed?

II.Decide the following statement whether it is true or not.If not, correct the wrong statement.1.If a set of mechanical and electrical equipment is going be imported, “sale by specification” is a better method to be used to specify the quality.(√)

2.When clause of quality is stipulated in the contract, it’d better not use both “sale by sample” and “sale by specification”.(×)sometimes both can be used.3.All products can be traded by merely their marks and/or brands if their quality is stable, reputation is sound and with which the consumers or customers are familiar.(√)

4.In international trade, calculating by weight is the most commonly used method to decide quantity of trade goods.(√)

5.Clause of quantity mainly deals with the quantity of the trade goods.(×)as well as the system of weight and ways to measure the goods.6.In international selling and buying, only the International System is allowed to indicate quality of the trade goods.(×)Not only.Other systems can be used.7.Besides raw silk, wool and cotton, conditioned weight is commonly used to indicate quality of many other products.(×)Net weight

8.Usually we don’t accept neutral packing and OEM in our export trade.(×)Sometimes we do accept the practice.9.Gro weight is the most widely used methods to calculate weight.According to international rules and practices, weight is calculated by gro weight unle otherwise stated in the contract.(×)Net weight

10.The system we follow to create our own product code is Asian Article Number Aociation.(×)European Article Number

III.Case study

Case 1

Chinese company signed a contract with an Australian buyer.Total amount of the sale is 200,000 Australian dollars.According to the contract, each piece of the trade goods should be

packed in a plastic bag with both English and French instructions.When the goods reach Australia, the buyer found that goods are not packed in plastic bag.And there is only English instruction.Can the buyer lodge a claim and ask for compensation? Why?

Case 2

A contract was signed between Chinese company YS and an American buyer NT for writing paper.In the contract under “Name of Commodity” “Hand-made Writing Paper was specified as name of the trade product, and the name was used in all documents and invoices.When NT received the paper, after re-inspecting, NT found that part of the production proce was in fact finished by machine.NT claimed for compensation.YS refused, claiming that main proceing stages of the paper were finished as the stipulation by hand.Besides, when the contract was signed, the agent of NT has examined the sample on the spot.(But “sale by sample” was not stipulated in the contract).Since the actual quality of the sent paper is in accordance with the sample, YS believes the contract was fulfilled as required by the contract.Who, do you believe, should be responsible? And how should the dispute be handled?

Keys:

I.Answer the following questions

1.a.1.In practical sense, name or description of commodity is the substantial foundation and premise 1ofa single transaction.Therefore, while the seller and the buyer negotiate, conclude the transaction and sign the contract, name of commodity or further eential description must be clearly laid down.b.In legal sense, description of the commodity is the key component of the contract by course of law.It constructs the basis of the transaction and touches on the rights and obligations of both the seller and the buyer.If the goods delivered by the seller are not in accordance with the agreed name of commodity and/or other description, the buyer reserves the right to lodge a claim, reject the goods or even cancel the contract.2.When we trade following “sale by sample”, two basic principles must be followed.Firstly, the sample provided is the mere basis while commodities are delivered and accepted;secondly, the quality of the commodities must be in conformity with the sample provided.Both “sale by sample” and sale by description” can be used in one contract.3.Owing to the influence of natural conditions, packing requirements, transportation conditions or limitations of measurement tools, the actual quantity may be somehow more or le than the contracted quantity when delivery is taken.So flexibility2 is specified in the contract.The specification of the flexibility is in fact the “more or le” clause.If there is a “more or le” clause in the contract, it is neceary to state clearly who has the option to decide the quantity latitude, the buyer or the seller and the specific latitude.4.Many different types of packing are adopted in international trade.According to the role

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