国际贸易理论和实务Ch.16 Inspection.ppt

  §1 Commodity Inspection Importance of commodity inspection An indispensable part in the transfer of the goods. A buyer has not lost his right to reject the goods unless and until he has had a reasonable opportunity of examining them. On most occasions, inspection by authoritative, impartial inspection bodies is required. The certificates issued by inspection bodies serve as proofs for transferring the goods, lodging and settling claims .  2. Time and places of commodity inspection (1) Provisions in CISG (Article 38) (2) Three ways of stipulating the place and time of inspection in the contract 3. Commodity inspection body 4. Commodity inspection standards The mandatory standards; (2) The standards stipulated in the contract; (in the absence of mandatory standards or the mandatory standards are lower) (3) The standards of the producer’s country. (if the above two are not available) 5. Commodity inspection clause “ It is mutually agreed that the Inspection Certificate of Quality and Quantity (weight) issued by the China Import and Export Commodity Inspection Bureau at the port of shipment shall be part of the documents to be presented for negotiation under the relevant L/C. The Buyers shall have the right to re-inspect the quality (weight) of the cargo. The re-inspection fee shall be borne by the Buyers. ” §2 Claim Liabilities of breach of contract (1) Implication of breach of contract Breach of contract: Actual failure or refusal to perform contract without a legitimate legal excuse. Seller: fails to deliver the goods; fails to deliver the goods within stipulated time; delivers the goods that do not conform to the contract. Buyer: fails to open the relevant L/C; wrongly refuses to accept the goods; fails to dispatch vessel under FOB. (2) Liabilities of breach of contract 2. Claim clause in the contract Discrepancy and claim clause “ Claim: Any claim by the Buyers regarding