- 1、下载文档前请自行甄别文档内容的完整性,平台不提供额外的编辑、内容补充、找答案等附加服务。
- 2、"仅部分预览"的文档,不可在线预览部分如存在完整性等问题,可反馈申请退款(可完整预览的文档不适用该条件!)。
- 3、如文档侵犯您的权益,请联系客服反馈,我们会尽快为您处理(人工客服工作时间:9:00-18:30)。
are generally sold by sample.
Chinese
Sale By Sample
Seller's Sample
Buyer's Sample
Produce and send the sample
Caution
Keep duplicate
Produce according
to buyer's sample
So sale by viewing is always applied in consignment、 auction 、fairs and sales, and it is not fit for common business.
Chinese
If customer require enterprise offer necessary goods symbol sample of goods their, mean customer choose and confirm the item quality of transaction in order to the quality of the seller's sample.
as the sample”.
Chinese
Hale Waihona Puke Baidu
If the customer demands to conduct business according to the quality of commodity, it is left for the customer or its agents to examine the commodity and confirm the quality. In international trade, the negotiations are always through letters and telephones because of the long distance between buyer and seller. It is inconvenient for the buyer to check the commodities in seller’s place.
absolute certainty about the quality or the products are not fit
for “sale by sample”, we may add the statement “quality shall
be about equal to the sample” or” quality is nearly the same
7 Insurance (to be covered by the Buyer unless otherwise)
8 Time of Shipment
9 Port of Loading
Part1:Name of commodity
the method of Naming the goods
The primary purpose of naming(织布机) To its main raw materials used in naming(玻璃杯) Named its major components(人参蜂王浆) Named for its appearance modeling(喇叭裤) To figure named(东坡肉) Process for the production of name(二锅头)
Chinese
1、sales by sample
According to the sample: generally, to those
commodities which are difficult to confirm quality
with the standard or the parameter, we resort to
(1)该商品的生产工序基本上是手工操作,而且关键工序完 全采用手工;
(2)该交易是经买方当面先看样品成交的,并且实际货物品 质又与样品一致,因此应认为所交货物与商定的品质一致。
请分析:此笔交易争议的责任在谁?应如何处理?
case
合同成交品名为Apple wine,但实物包 装为Cider。问直接发货会有何后果?
and send it out
Sale by counter
sample
Chinese
Confirm Goods Quality
Sales by seller’s sample
Send the sample: To promote business, the quality of
sample is always better than that in ordinary production
Chinese
Cautions
1、Specific and Concrete\not vague and general
2、Can provide\To meet consumer’s needs 3、Use world standardized names 4、Choose to reduce import tariffs or facilitates import 5 、 Impossible or unnecessary descriptive words, should not be included in the Name Terms
「章名」 SECTION 1
1 Name of Commodity and specification
2 Country of Origin & Manufacturer
3 Unit Price (packing charges included)
4 Quantity
5 Total Value
6 Packing (seaworthy)
case
出口合同规定的商品名称为“手工制造书写纸”(Handmade Writing Paper),买方收到货物后,经最终用户检验发现货物部 分制造工序为机械操作,而我方提供的所有单据均表示为手工 制造,按该国法律应属“不正当表示”和“过大宣传”,遭最 终用户退货,以致使进口人蒙受巨大损失,对方要求我方赔偿。 而我方拒赔,主要理由是:
The seller delivers goods quality must be totally unanimous with the sample, if the goods do not correspond to sample, the buyer has the right to dishonor the claim.
CHINESE
Sales by buyer’s sample
Explanation of" buyer's sample": If the customer sends the sample and requires enterprises to manufacture in accordance with kind so that the quality of the goods accords with one's own request, Mean that the customer chooses to confirm the quality of the trade goods with the quality of the buyer's sample.
process. We should be cautious about it. If customer confirms
the sample, the quality of products must be on the same level
of the sample, including the outward appearance and
Chapter 2
Subject Matter of an International Sales Contract
Part1: The name of goods Part2: The Quality of Goods Part3: The Quantity of Goods Part4: Packing and Marking
the sample , which can be divided into two groups,
sale by the sample and sale by viewing the
commodity. Arts and crafts, garments, light
industry products, agricultural and native produce
In international trade, as the products of the trade are various in style and characteristics, the methods that showing the quality are different, it can roughly be divided into two big classes: according to the sample and to the description. Different methods are fit for different commodities.
Chinese
Keep duplicate: We ought to keep a duplicate
of the sample in case of dispute in the future. Usually we keep two duplicate samples, one is kept by ourselves and the other is sent to the Inspection Bureau ( if the product need inspection or legal inspection).
essential quality as well. Whether the sample’s quality is
much higher or lower than ordinary, we will be in difficulty. So
we ought to send the sample properly: when we have no
返回目录
合同开头的基本条款
「名称」 1. PURCHASE CONTRACT 「题注」 「章名」 Whole Doc.
Contract No: Date: The Buyer: The Seller: The Contract, made out, in Chinese and English, both version being equally authentic, by and between the Seller and the Buyer whereby the seller agrees to sell and the Buyer agrees to buy the under mentioned goods subject to terms and conditions set forth hereinafter as follows:
Chinese
编码协调制度由国际海关理事会制定,英文 名称为The Harmonization Code System (HSCode)。HS编码共有22大类98章。国际通行 的HS编码由2位码、4位码及6位码组成。例 如:“鲜苹果”的六位码为080810,其归类 于4位码0808“鲜的苹果、梨及榅桲”,而4 位码则归类于2位码08(即第8章)“食用水 果及坚果;甜瓜或柑桔属的果皮”。6位码以 上的编码及对应商品由各国自定。
总结1
案例的起因通常就是因为合同、信用证和实物三
者之间不一致
Part2 Quality of goods
The require of commodity quality :The quality of the commodity influences the use value and price of the commodity directly, It determines the use efficiency and influencing the market price. So, the customer will most likely stipulate the quality of the products at the time of inquiring.