国际贸易理论和实务Ch.18 Implementation.ppt

  §1 Cargo Readiness Contractual quantity, quality and packing conformity requirements Contractual quantity requirement “100 M/T 5% more or less”, the buyer would be obliged to take delivery of any delivery between 95 M/T and 105 M/T. (2) Contractual quality, description and packing requirements Quality, description: the requirements in the contract will prevail. Packaging: sufficient to protect the goods. 2. Fitness for ordinary and particular purposes Fitness for ordinary purposes Canned fruits must be suitable for human consumption; Durable goods such as washing machines should remain durable (usable) for an “ordinary period of time”. A buyer who purchases for resale is entitled to expect goods resalable in the ordinary course of business. (2) Fitness for a particular purpose A special purpose: to use such equipment in exceptional climatic conditions. Precondition: The buyer must have reliance on the seller’s skill and judgment, e.g. the seller is an expert in the manufacture or sale for the particular purpose intended by the buyer. 3. To timely fulfil the obligation to deliver The time of delivery is governed first by the provisions of the contract. The credit stipulates specific dates for the performance of partial shipments. If the beneficiary misses only one deadline for a partial shipment, he forfeits the right to claim payment under the credit for any subsequent deliveries. 4. Ensuring freedom from third party claims Ensure that the goods it delivers are not subject to rights or claims by a third party. To ensure the goods he delivers do not infringe on the industrial property rights or other intellectual property rights of the third party.  (The seller is not liable if the buyer knew or could not have been unaware” the third party’s right ) §2 Examination of and Amendment  to the L/C 1. Urging the opening