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Sources of information：未知Release time:2017-02-27 11:24 Reading times：次I would like to comment
Case:
In January 2004, a clothing import and export company and a foreign trade company in Mexico signed a contract of sale of goods on the sweatshirt. Both sides agreed in the contract: a clothing import and export companies in China as a seller tosell to a foreign trade company in Mexico a group of Jersey, number 50,000, contract term is FOB Shanghai. Parties also agree the goods should be delivered before March 15 of the year in Mexico, a foreign trade company designated carrier fortransportation.
On March 9, 2004, a clothing import and export company, China will produce a good 50,000 Sweatshirt are installed in 1000 cartons, delivering a foreign trade company in Mexico assigned carrier – an ocean shipping company of Hong Kong, "Hui Xing" wheels for transport. "Hui Xing" ship captain after the shipment has been checked, a clothing import and export company, China issued a clean bill of lading, that is the carrier of the goods and not on the face of it is abnormal for comments.A clothing import and export company in China after receiving a clean bill of lading to a bank to pay the purchase price.
But when these jerseys arrived in Mexico, a foreign trade company in Mexico to check the goods immediately. Results found that the cargo did not reach a contractnumber 50,000. This is about more than 100 more than 1000 cartons boxes appear deficient number of jerseys, short range in number from a few to dozens of pieces. Mexico foreign trade company then immediately requested a commodity inspection authority to test the goods. The commodity inspection authorities also issuedthe certificates about the shortage in the number of the goods.
Given a clothing import and export company in China has been negotiating loans from the Bank, according to both sides in a foreign trade company of Mexico signed an arbitration clause in a contract of sale, to the China international economic and trade arbitration body has submitted an application for arbitration. A clothing import and export company in China after the notice of arbitration is received immediately reply. China a clothing import and export company think: first, this batch goods of carrier to the company issued has clean bills of lading, description this batch goods in delivered carrier of when is intact of, not exists damaged or number short of situation, so cannot proved this batch movement shirts number shortage of responsibility in China a clothing import and export company party; second, buyers and sellers in signed contract Shi agreed of trade terms is FOB, according to the terms, goods by seller delivered carrier Hou, dang goods crossed carrier of boat Shi, Risk of loss of the goods is transferred to the buyer and as a seller of a clothing import and export companies in China should not bear any responsibility for this, and as a buyer of Mexico's foreign trade companies should hold the carrier – an ocean shipping company or insurance companies with respect to responsibility once again, Mexico is in a foreign trade company after the arrival of the goodsat ports in Mexico before the goods tested, China clothing Corporation, in the case where the company did not know a foreign trade company in Mexico unilaterallythe shipment is tested, it is not fair for a clothing import and export company in China, test results are not acceptable.
Upon defence from a clothing import and export company in China, a foreign trade company in Mexico that the other defences have some reason, instead of the carrier of the goods – an ocean shipping company had sent a telegram, required the company to take these jerseys are lost in transit losses caused to the company.Hong Kong immediately upon receipt of the telegram, the ocean shipping company had replied. The company claimed in the transport of goods on the one hand there is no fault in the process, on the other hand also to Mexico, a foreign trade company to produce a "letter of guarantee". Original in China a clothing import and export company prepared delivered goods of when, delivery of eventually term has near, China a clothing import and export company to timely delivery, especially to let carrier immediately issued bills of lading to the company can immediately to Bank on the pay payment, so China a clothing import and export company on in carrier does not on all goods for check of situation Xia, requirements Hong Kong a ocean transport company issued clean bills of lading, and guarantee if for goods damaged shortage and led to all loss, Clothing by China import and export company, rather than an ocean shipping company in Hong Kong. A foreign trade company in Mexico a clothing import and export company, China once again to requestthe company bears full responsibility for the loss of the goods.
What is the focus of this case?
This case was caused by the shortage of international goods sales contract dispute. But it is clear that shortage is in the process of transport of goods, on the presentation of evidence in this case is also related to the parties involved in the transport process in the proper performance of its obligations.
First and foremost is that the buyer and seller agree to trade at contract terms beFOB. A clothing import and export company, China as the seller stated in their reply, when across the ship's rail at the named port of shipment, that the seller had delivered. This also means that the buyer shall, from the moment the goods across the ship's rail, take the loss or damage all risks. In other words, as long as this did not happen before the goods pass the ship's rail damage or loss, the seller does not assume any responsibility. Would also like to stress one point here is that FOBand CIF terms maximum term is FOB term does not require different vendor and contracts of carriage and insurance contracts relating to the carriage of goods, butthe CIF term requires the seller to fulfil such obligations. But neither is FOB or CIF case goods risk's transfer marks is whether the goods across the ship's rail. Therefore, as long as the goods across the ship's rail, it should bear the risk of loss of or damage to the goods by the buyer, as to how the buyer take risk, require the carrier or insurance liability, it is entirely the buyer's own business, does not have anyrelationship with the seller.
If that is the case, determine how to shoulder the responsibility on the basis of these jerseys when the shortage was occurring. If damage or loss occurs before thegoods pass the ship's rail, there is no doubt that it should be up as a seller of a clothing import and export companies in China; if damage or loss occurs after the goods pass the ship's rail, you should take responsibility as a buyer of a foreign trade company in Mexico or from Mexico require the carrier or insurance liability in aforeign trade company. In this case, judge these jerseys when shortages occur based on the Bill of lading is the most important.
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Copyright 2012-2018. ALL RIGHTS RESERVED (International Trade Law)
Telephone：0086-13315171023 QQ:1215545143
Email：tradelawchina@hotmail.com Technical support：ZW0311