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"FOB case"
Domestic trade warehouses for imports of goods FOB conditions. At the port of unloading, found a few cargo packaging ruptured and traces of cargo by water immersion. Upon verification, the goods are at the time of shipment for hook looseout on the deck and broke, caused by breakage of packing the goods inside is soaked with water. Analysis the trade Depot's ability to claim for other deliveries areunfulfilled obligations?
Analysis: l. trade warehouses are unable to settle a claim.
2. under the provisions of Incoterms 2000, FOB terms, goods for the seller's risk from the time of shipment of the goods across the ship's rail in Hong Kong has passed to the buyer. In this case, rupture the packaging is not in front of the pass theship's rail, but after you pass the ship's rail as a result of hooks firmly on the deck,the loss limits, by risk, should be borne by the buyer the trade Depot.
"The CFR case"
Under CFR terms, we are a trading company dealing with France exporting cloth, value $80000, goods on March 1, 2004 (Thursday) morning completion of loading,shipment business export business of the day, forget the notice in shipment to thebuyer, France after the importer receives notification of the shipment to local insurance, but the insurance company has been informed that cargo ship on March 2,were lost at sea, thus declined. French importer calls to us exporters: due to your late shipment, insurance companies are not insured, resulting in loss of us $80000,should be for your compensation. May I ask whether we should compensate for the losses and why?
Analysis: l. our French importer of compensable losses.
2. CFR terms of trade, in normal circumstances, in the shipment of the goods across the ship's rail in Hong Kong all risks, liabilities and expenses are borne by the buyer. In accordance with the provisions of the 2000 Incoterms: CFR terms, the seller must give the buyer sufficient notice of the goods have been loaded content, to the full, full time, to give timely notice of shipment to the buyer that the seller has adequate time to complete the insurance, shipping notice as late as the seller, buyer, the more time is not sufficient; Conversely, if the seller to the buyer without delayissued notice of shipment to the buyer in a timely manner to the local insurance companies. In this case, the seller could not give the buyer the buyer is fully caused by shipment delays, so the seller.
"CIF case"
A domestic company exports to the European country on CIF terms a number of crafting. Stipulated in the contract by us insurance against all risks to the Chinese people, and pay by letter of credit. I export within the prescribed period, on the specified port, completion of loading, shipping companies have issued a bill of lading, and in negotiating payment of Bank of China. The next day, the exporting company receives customer calls saying: fire in the loading of ships at sea, crafting all burnt down, customer requirements, our company came forward to claim against the insurance company, or ask our refund the full amount. Our resolute exclusions, and proposed solutions to, a distinction between the responsibilities of buyers and sellers, to solve the case.
Analysis: 1. the case of CIF nature of contracts, in accordance with the provisions of the 2000 Incoterms, sold CIF the goods concerned on both sides risk dividing, isbased on Board agreed port of shipment of the goods across the ship's rail lines.Risks occur after shipment of the goods, should be the responsibility of the buyer.Since the loss of goods in transit, the risk should be borne by the buyer, by the buyer and the seller are transferred to the insurance certificates to claim against the insurance company. 2. in accordance with CIF price of the contract, is a specific type of contract, it is characterized by "documents to meet delivery obligations and payment against documents". As long as the seller to ship the goods in accordance with contract and submit complete and correct document, even if the goods havesuffered loss in transit, the buyer cannot reject the documents or ask the seller forpayment of the purchase price.
"FCA case"
Our company exports watches to India, signed by FCA Shanghai Airport. Delivery in August. Exporters on August 31 the watches shipped to Shanghai HongQiao airport and receipts issued by the airline air waybill. Our telex India issued a notification of shipment. September 2 watches arrived in Mumbai, the arrival notice, together with invoices and air waybill to the Mumbai XX Bank. The Bank shall notify the printing business delivery, payment, but refused on grounds of delay in delivery.
Analysis: the FCA term refers to the seller if the goods to buyer's designated carrier at designated sites, and for export
Customs clearance and delivery. This case in the no specified carrier goods of airlines whether for buyer by specified of, but even buyer no specified, seller also can by practices specified airlines transport (costs to pay, that buyer bear), as long as seller in agreed of time within (August 31 Qian, including August 31) will goods make carrier, seller that completed delivery, buyer must by about paid, so-called of delay delivery not established, buyer should immediately paid all payments.
"The CPT case"
A company in China exported 2000 tons of wheat on the CPT terms to foreign company b. According to company as the time and place will be 5000 tonnes of bulk wheat loaded on the train, one of 2000 tons of wheat belonging to sell company b.After the arrival of the goods at destination, the shipping company is responsible for the allocation. Company a to company b in time after shipment shipment notification. Carrying train in distress on the way, so that the consignment was lost 3000tonnes, the remaining 2000 tons of safe arrival at the destination. No delivery by the seller and claimed to sell company b of 2000 tons of wheat have been lost, butaccording to CPT contract, risk goods are already in place to train is transferred to b company, seller assumes no responsibility for this loss.
Analysis: 1. this case, company a company b should still assume delivery responsibilities.
2. in accordance with the provisions of the 2000 Incoterms on CPT: on the loss ofor damage to the goods risks, as well as from the time when the goods are delivered to the carrier any additional costs arising out of, from the date of delivery of goods to carrier, go by the buyer from the seller. According to this provision, in thiscase, the seller should not take delivery responsibility. However, this provision is only applicable to contracts in General of CPT. This case of wheat in bulk, and another 3000 tons of mixed together, the seller does not determine the loss of 2000 tons of wheat was sold to company b. In the 2000 Incoterms the risk of responsibilitymade note to goods have been clearly and separately, or identified for supply contracts only. That goods must be of specific goods or of specified goods, transferof risk shall be in accordance with the nature of the contract goods to normal. 2000 tons of wheat in the case do not clearly separate when they are on board, and there is no sign that is sold to b company of the goods, so goods risk not normally in place to train transfer. Seller cannot therefore conclude that the loss of 2000 tons of wheat, including the 2000 tons sold to company b, so assume the obligation of delivery to the buyer by the seller.
"EXW case"
Has a contract to sell tea, EXW condition number 10000 kg, valued at $25000, stipulated in the contract the buyer is due in October, the goods delivered on October 8, the Bill of lading to the buyer by the seller, the buyer also has to pay, but untilOctober 31, not to mention the goods the buyer and seller store tea moved to a leather warehouse together with the leather store when buying
On November 15 when taking delivery, found 10% tea with leather/or lost sales value of this dispute between the two sides.
Analysis: 1. the buyer shall assume responsibility for delayed delivery. Compensation for actual losses due to extension of delivery to the seller. And from November1 to assume the risk. EXW condition, from the buyer, transport and delivery, cargorisk transfer in normal situations; in this case, the buyer agreed to take delivery of the goods should be in accordance with the relevant conventions and practices ofthe date or the expiry date of the goods the risk.
2. because the odor is caused by improper storage of tea by the seller. In this case, seller is obliged the buyer to preserve the goods before the goods, security should not be held responsible.
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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