国际贸易实务(英文)期末论文【哭.doc

国际贸易实务论文 应用英语学院 09级3班 090440321 张柏璐 一、关于价格术语： 2002年，大连某工艺品进出口公司（以下称大连公司）出售一批圣诞节商品给英国客户，采用CIF的价格术语，及Irrevocable L/C的支付方式。由于圣诞节商品的销售季节性很强，因此，英国客户要求在合同中对到货时间作了以下规定：“8月份自中国港口装运，卖方保证载货轮船于11月10日抵达英国Liverpool。如迟于该日抵达，在买方要求下，卖方必须同意取消合同，如货款已经收妥，则须退还买方。” 合同签定后，大连公司于8月中将货物装运出口，凭L/C规定的装运单据向银行收妥货款。不料，轮船在航行途中，主要机件损坏，无法继续航行。虽然承运人租用大马力拖轮拖带该轮船继续前进。但当该轮抵达Liverpool时已是12月5日。于是，英国客户便以货物晚到为由，要求取消合同，并要求赔偿。经协商合同最终并未取消，但大连公司不得不让价40%（退还货款40%），从而遭受重大经济损失。 试问：大连公司与英国客户所签定的是真正的CIF合同吗？说明理由。 About CIF: In 2002, a Dalian industrial import company (short for DL co.) had sold some Christmas products to their British customers in the form of CIF and Irrevocable L/C to purchase. Therefore, the British customers required the time of delivery as follow: shipping from Chinese port at August, the seller should ensure the ship will arrive at Liverpool at November 10. If arrive several days later, under buyer’s request, seller must have agreed to cancel the contract. If the payment of goods had already been taken, buyer should have returned it back. Once the contract had been settled down, DL Company exported the goods during August and took his payment from bank with shipping documents based on L/C rules. Unfortunately, the ship had been damaged on the way of navigation and could not continue their job. Though the carrier rented high power tug to drag it to the destination port, the day they arrived at Liverpool was already December 5. In that case, the British Customer asked to cancel the contract and claimed for compensation for the late of shipment. Through bargaining, the contract hadn’t been canceled at last. Instead, Dl Company had to give a reduction (return 40% of the payment) by which they had suffered a large economic loss. Question: is the contract that DL Company and British customer had signed the true CIF contract? Why? Analysis of this case: The case they have signed was not the true CIF contract. CIF, this term means that the seller delivers when the goods pass the ship’s rail in the port