国际贸易-简答题.docx

<p>Explain the difference between international trade and domestic trade?
1) differences in legal system
2) differences in currencies
3) differences in cutural background
4) differences in natural and economic conditions
what is more or less clause
The buyer and seller stipulate in a sales contract that the seller is allowed to deliver the goods
Within a certain percentage of more or less than the contracted quantity.
1. what is the quality tolerance?what is quality latitude?what’s the difference between the two?
&nbsp; quality tolerance：Quality tolerance means an allowed deviation in quality stipulated by an international organization and recognized internationally.
&nbsp; quality latitude：Quality latitude means that the seller and buyer agree that the quality of the delivered goods can vary with an agreed range.
Difference:
&nbsp; &nbsp; &nbsp; &nbsp; quality tolerance:allowed to deliver the goods within a certain range of tolerance.
&nbsp; &nbsp; &nbsp; &nbsp; quality latitude : ① stipulate a certain scope
&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; ② stipulate more or less clause
&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; ③ stipulate “max”or”min”
what are the similarities and differences among FOB,CFR and CIF?
Similarities: ① the same way of delivery: they are symbolic delivery.the seller’s delivery
&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; voucher buyer of the payment voucher
&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;② the same the mode of transportation: they are used for port-to-port waterway
&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; transportation
&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;③ the same place of delivery: seller is on board a ship in the export country
&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;④ the same as the export customs clearance formalities:the seller
&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;⑤ the same risk transfer:the ship in port of shipment
&nbsp;Differences: 1. FOB requires the buyer to arrange and pay for the ocean transportation;2. CFR requires the seller to arrange and pay for the ocean transportation; 3. CIF requires the seller to arrange and pay for the ocean transportation and insurance against the buyer’s risk.
&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;
2.What is symbolic delivery?
Symbolic delivery means that the seller fulfills his obligation of delivery by transferring the necessary documents representing the title to the goods and the buyer at the stipulated time.
Explain the calculation of Export Exchange Cost and Profit and Loss Ratio
&nbsp;Export Exchange Cost :merchandise exports net income how many RMB in return $1
&nbsp;Profit and Loss Ratio ：an important index to measure the degree of export profit or less
1. what are the provisions for partial shipment and transshipment according to UP600?
Partial shipments:1.unless otherwise stipulated ,partial shipment is allowed
&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;2. The goods under the same one contract and loaded on the same vessel will not be regarded as covering a partial shipment. 3. If a drawing or shipment by installments within given periods is stipulated in the credit and any installment is not drawn or shipped within the period allowed for that installment，the credit ceases to be available for that any subsequent
&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;
Transshipment:Transshipment is allowed when the sales contract has a clause like “Transshipment to be allowed”.
2.What are the natures ,functions and types of Bill of Lading ?what are the characteristics of rail transport?
Bill of lading &nbsp;Natures:① a receipt of cargo
&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; ②a document title to the goods
&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; ③an evidence of the contract of carriage
&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; Function:it is an important shipping document that,together with the the
&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; insurance policy and commercial invoices ,constitutes the chief
&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; shipping documents indispensable to foreign trade
&nbsp; &nbsp;rail transport:large capacity,high speed,punctual,less prone to bad weather,low risk
1.What are the conditions of General Average
&nbsp; &nbsp;1. General average risk must be real or inevitably produced, not subjective
&nbsp; &nbsp; &nbsp;Speculation.
&nbsp; 2.In order to relieve the joint dangerous cargo ship to take, conscious, rational &nbsp;
&nbsp; &nbsp;measures
&nbsp; 3.The sacrifice is special, and the cost of spending is extra.
&nbsp;4.The cost of sacrifice and expense is ultimately effective.
1. what is the difference between PA and PC?
1.difference Causes of damage :
&nbsp; &nbsp; &nbsp; particular average :is directly caused by sea junction for loss of goods, no
&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; man-made factors, &#39;
&nbsp; &nbsp; &nbsp; general average:The loss caused by the intentional actions of the people
&nbsp; 2.Different loss bearing
&nbsp; &nbsp; &nbsp; particular average :Losses are borne by the injured party.
&nbsp; &nbsp; &nbsp; general average：Is the benefit from the value of the property in accordance
&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;with the number of the value of the common share
what is the endorsement of the bill of exchange ?how many ways
types are there for the endorsement?
&nbsp; Endorsement: &nbsp;it is a kind of behavior The holder of a bill of exchange is to sign his
&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;name on the back of the bill,Or the name of the
&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;endorsement,And the bill of exchange to the endorsement
&nbsp; Types: 1.blank endorsement
&nbsp; &nbsp; &nbsp; &nbsp; 2.special endorsement
1. What are the difference between D/P after 30 days sight an D/a after 30 days sight?
&nbsp; 1time; &nbsp;D/P: can either be payable at sight at sight or some days after sight
&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;D/A:can only be payable after sight
&nbsp; 2.payment D/P:the buyers make payments before they obtain the goods
&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; D/A :when the collecting banks present the relative bills or
&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; documents to the buyer,they don’t need to pay for them at
&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; once

An exporter concluded:
买卖双方要遵守合同，不能违约。作为消费者也许愿意接受，双方可以延迟交易或者 &nbsp;
&nbsp; &nbsp; &nbsp;重拟合同
A trade exports a batch of:
The contract is not a CIF contract because:
(1) CIF contracts are shipment contracts, according to which the seller should deliver the goods on board the nominated ship at port of loading for shipment to the destination within specified time and bear no risks or expenses during the shipment of the goods. In the above case, the seller shall ship the goods to Hamburg not later than 5th December or else, the buyer has the right to cancel the contract. This substantially alters the character of shipment contracts.
(2) CIF is used for symbolic delivery in which the seller delivers the goods against documents while the buyer pays against documents. In the above case, the seller shall refund to the buyer if settlement have been made. This alters the characters of symbolic delivery.
In conclusion, contract in the above case is not a shipment contract anymore.
A chinese company finalized
a 卖方按照合同规定履行了各项义务，造成货物到港延误的原因是船公司擅自改变运
&nbsp; &nbsp; &nbsp; &nbsp;输安排，卖方对此并不知情。
&nbsp; &nbsp; b 卖方把CIF理解成“到岸价格”存在错误，混淆了承担风险与承担费用的区别。如
&nbsp; &nbsp; &nbsp; 果把CIF理解成“到岸价格”，那么CIF就变成了一个到岸合同术语（arrival
&nbsp; &nbsp; &nbsp; &nbsp;contract term）了，而实际上它应该是个装运合同术语(shipment contract term)。 &nbsp;
c 因此，卖方在此情况下不应进行赔偿，而是应该协助买方向船方进行索赔。
An FOB contract stipulated
&nbsp; &nbsp; a.案例中提到“shipment will be effected in March 2008”,这种确定装运时间的
&nbsp; &nbsp; &nbsp; 方式允许在整个3月份期间的任何时间进行装运。也即是说，装运的最后期限为08
&nbsp; &nbsp; &nbsp; 年3月31日。
b文中提到的“additional 27 days”,根据合同卖方同意在买方船期延误的情况下为
&nbsp; 其将货物保留到4月27日。
（1） 答案：Yes。答题切入点：a FOB术语关于双方费用划分的规定；
&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;b 合同本身的条款规定。
&nbsp; &nbsp; （2）答案：No。答题切入点：合同本身的条款规定。
&nbsp; &nbsp; （3）这题与第一题相比，不同的一点在于“with a better price”。解答时应对这
&nbsp; &nbsp; &nbsp; &nbsp; &nbsp;一 点进行分析：在卖方卖出货物获得更高利润的情况下，他是否还应获得相关
&nbsp; &nbsp; &nbsp; &nbsp; &nbsp;赔偿？ &nbsp; &nbsp; &nbsp; &nbsp;
&nbsp; &nbsp; &nbsp; &nbsp;答案：Yes。答题切入点：合同本身的条款规定。

Yuan heng trading （1）It is transshipment. According to UCP600:“Transshipment means unloading form one means of conveyance and reloading to another means of conveyance (whether or not in different modes of transport) during the carriage from the place of dispatch, taking in charge or shipment to the place of final destination stated in the credit.” While in this case, the goods were shipped by “Sheng Chang” on Jul.30th，and loaded on the ship “Fortune”. Both ships were totally different，so it is transshipment.
&nbsp; &nbsp;(2).The seller could safely get payment for goods as a result of conformity with the letter of credit clauses.
Break the stipulated of the L/C
The exporter did not break the stipulations of the L/C, because the partial shipment is allowed.
A trading company exported 1000
The losses of 200 bales was covered with WPA .WPA covered partial losses of the insured goods caused by nature calamities. In this case，accidents came after natural calamities. So，the losses of 200 bales shall be indemnified by the insurance company.
Explain the reason
The insurance company shall disclaim compensation according to W/W clauses，that is，when the cargo is transshipped，the liability of insurance company ends.
Company A
The bank has the right to dishonor the goods. As the seller’s lawyer，he should notify the opening bank and extend the time of validity of the L/C.
Exploration in brief
Chinese company should deliver the goods according to the stipulations and present the documents to that foreign bank in china for negotiation. Because according to Uniform Customs and practice for documentary credits, once the L/C has been confirmed, the confirming bank together with the issuing bank, becomes the first payer and shoulders the responsibility to effect payment to the beneficiary, without the agreement form the beneficiary, the confirmation should not be cancelled. So long as the beneficiary has presented the qualified documents to the confirming bank within the validity period, the confirming bank must make the negotiation or payment
In a business negotiation
（1）The exporter should have risk awareness and consider the buyer’s credit position； &nbsp;
&nbsp; （2）Use payment of greater safety；
&nbsp; （3）choose a famous bank to issue L/C
&nbsp; &nbsp;（4）be more careful
Trade terms 贸易术语 &nbsp; &nbsp; &nbsp;Trade customs 贸易习俗 &nbsp; &nbsp; &nbsp; Trade practice 贸易惯例
Import trade 进口贸易 &nbsp; &nbsp; &nbsp;Export trade 出口贸易 &nbsp; &nbsp; &nbsp; &nbsp; Sales contract 销售合同
Export procedure 出口程序 &nbsp;Import procedure 进口程序
Quality 质量 &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;specification 规格 &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; reference sample 参考样品
Counter sample 回样 &nbsp; &nbsp; &nbsp; grade 等级 &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; quality tolerance 质量误差
Quality latitude 质量范围 &nbsp; conditioned weight 公量 &nbsp; &nbsp; &nbsp; &nbsp;gross for net毛重
Gross weight毛重 &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;net weight 净重 &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;more or less clause溢短装条款
Tare 皮重 &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;transport packaging运输包装 &nbsp; sales packaging 销售包装
Shipping mark指示标志 &nbsp; &nbsp; OEM原产地设备生产商
FOB船上交货 &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;CFR &nbsp;成本+运费 &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;CIF 到岸价
FCA 货交承运人 &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;CPT 运费付至 &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;CIP运保费付至
Physical delivery实际交货 &nbsp;symbolic delivery 象征性交货 &nbsp; &nbsp; trade terms 贸易术语
International trade customs 国际贸易惯例 &nbsp; &nbsp; delivery 交货 &nbsp;transfer of risk 风险转移
Customs clearance 清关
Purchase cost 购买成本 &nbsp; &nbsp; domestic cost 国内成本 &nbsp; export exchange cost 出口换汇成本
Profit and loss ration of export commodities 出口商品的盈亏率 &nbsp; tax &nbsp;refund 退税
Tax rebate rate 退税率 &nbsp; &nbsp; &nbsp; commission 佣金 &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; discount 折扣，贴现
Fixed price 固定价格 &nbsp; &nbsp; &nbsp; &nbsp;unfixed price 不固定价格
Ocean transport 海运 &nbsp; &nbsp; &nbsp; &nbsp;liner 班轮 &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;charter 租船
Bill of lading 提单 &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; on board B/L 租船提单 &nbsp; &nbsp; &nbsp; &nbsp; order B/L 指示
Clean B/L 清洁提单 &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;container transportation 集装箱运输
Port of destination 目的港 &nbsp; &nbsp; partial shipment 分批装运 &nbsp; &nbsp; transshipment 转运
multimodal transportation 多式联运
Actual total loss 实际全损 &nbsp; &nbsp;constructive total loss 推定全损 &nbsp; insurance policy 保险单
Insurance certificate 保险凭证 &nbsp; sum insured 保险金额 &nbsp; &nbsp; &nbsp; &nbsp;insurance premium 保险费
Perils of the sea 海上风险 &nbsp; &nbsp; extraneous risks 外来风险 &nbsp; &nbsp; &nbsp;special risks 特殊外来风险
Subject matter 标的物 &nbsp; &nbsp; &nbsp; the insured 被保险人 &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; underwriter 承保人
Subrogation 代位求偿 &nbsp; &nbsp; &nbsp; utmost good faith 最高诚信
Draft (bill of exchange) 汇票 &nbsp; &nbsp; presentation 提示 &nbsp; &nbsp; &nbsp; &nbsp; dishonor 拒付
Beneficiary 受益人 &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;right of recourse 追索权 &nbsp; &nbsp; advising bank 通知行
Promissory note 本票 &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;remittance 汇款 &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; collection 托收
Opening bank 开证行 &nbsp; &nbsp; &nbsp; &nbsp; applicant 开证人 &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; T/T电汇
M/T 信汇 &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; D/D 票汇 &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; D/P 付款交单
D/A 承兑交单 &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;
Compulsory inspection 强制性检验 &nbsp;the catalogue 商品目录 &nbsp;inspection authority 检验机构
Inspection certificate 检验证书 &nbsp; &nbsp; inspection method 检验方法 re-inspection 复验
Dispute 争议 &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; claim 索赔 &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;penalty clause 违约条款

Arbitration &nbsp;仲裁 &nbsp; &nbsp; &nbsp; &nbsp; arbitration agreement 仲裁协议 &nbsp; arbitration award 仲裁裁决
Arbitration body 仲裁主体 &nbsp; &nbsp;arbitration tribunal 仲裁法庭 &nbsp; &nbsp;arbitrator 仲裁人
Force majeure 不可抗力 &nbsp; &nbsp; termination of the contract 终止合同 &nbsp;
Postponement of the contact fulfillment 合同执行的延迟
Enquiry 询盘 &nbsp; &nbsp; &nbsp; offer 报价 &nbsp; &nbsp; counter offer 还盘 &nbsp; &nbsp; &nbsp;acceptance 接受
Firm offer 实盘 &nbsp; &nbsp; offeror 报盘人 &nbsp;offeree 受盘人 &nbsp; &nbsp; &nbsp; &nbsp;alidity 有效期
Withdrawal 撤销 &nbsp; &nbsp;revocation 终止 &nbsp;invalidation 失效 &nbsp; late acceptance 延迟接收
Effective contract 有效合同 &nbsp; &nbsp; &nbsp; confirmation 确认书 &nbsp; &nbsp; &nbsp; agreement 协议
Menorandum 备忘录 &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;head 约首 &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; general clause 一般条款
Main body 主体 &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;ending 约尾
&nbsp; &nbsp;</p>