【Quantity-Clause】数量条款—英语经贸合同写作.ppt

单击此处编辑母版标题样式,单击此处编辑母版文本样式,第二级,第三级,第四级,第五级,*,Quantity,Contents,1.,Introduction,2.,Units of Measurement,3.,Methods of calculating weight,4.,Quantity clause in the contract and case study,Introduction of Quantity,Definition:,The quantity of the goods refers to the weight,number,length,volume,area,capacity,etc.which are indicated by different measuring units.,Quantity is a numerical property that can exist as a magnitude or multitude.Quantities can be compared in terms of more or less or equal,or by assigning a numerical value in terms of a unit of measurement.,Quantity is among the basic classes of things along with quality,substance,change,and relation.,Introduction of Quantity,Being a fundamental term,quantity is used to refer to any type of quantitative properties or attributes of things.,Some quantities are such by their inner nature(as number),while others are functioning as states(properties,dimensions,attributes)of things such as heavy and light,long and short,broad and narrow,small and great,or much and little.,A small quantity is sometimes referred to as a quantulum.,Introduction of Quantity,One of the essential contract clauses,.,According to,CISG,if the quantity delivered is,more than agreed upon,the buyer is entitled to reject delivery of the excess quantity,or he may take delivery of all or part of the excess quantity,he must pay for it at the contract rate.If the quantity delivered is,less than that agreed upon,sellers should make up for the shortage within the time limit without rendering buyers any unreasonable inconvenience and cost.However,buyers are still entitled to lodge a claim for compensation.,Importance of quantity,2.Units of Measurement,1.Measurement System,2.Measurement Units,Measurement System,Different countries use different measurement systems.,The Metric System(,公制,),The British System(,英制,),The U.S.System(,美制,),International System of Units(IS)(,国际单位制,),Measurement Units,Weight,Number,Length,Area,Volume,Capacity,2.2.1 Weight,Products,Natural products and part of industrial products,such as wool,cotton,wheat,mineral products,oil,salt,medicine,etc.,Measuring Units,Kilogram(kg);ton(t);metric ton(m/t);quintal(,公担,q);gram(gm);pound(lb);ounce(oz);long ton(l/t);short ton(s/t)etc.,2.2.2 Number,Products,Daily industrial products and general products,such as stationery,paper,toys,clothes,cars,tractors,live animals,etc.,Measuring Units,Piece(pc);package(,件,pkg);pair;set;dozen(doz);gross(gr);ream(,令,rm);roll or coil(,卷,);unit(,辆,);head;case;bale;barrel or drum;bag,etc.,2.2.3 length,Products,Textiles;ropes;cables,etc.,Measuring Units,Yard(yd);,metre(m);,foot(ft);,centi-metre(cm).,2.2.4 Area,Products,Leather products,plastic products,etc.,such as plastic canvas;plastic floor;leather;iron net,etc.,Measuring Units,Square yard(yd,2,);square metre(m,2,);square foot(ft,2,);square inch.,2.2.5 Volume,Products,Chemical gas;wood,etc,Measuring Units,Cubic yard(yd,3,);,cubic metre(m,3,);,cubic foot(ft,3,);,cubic inch,2.2.6 Capacity,ProductsCorn,liquid,gas,etc.,such as wheat,corns,petrol,alcohol,beer;natural gas,etc.,Measuring Units,Litre(l),gallon(gal),bushel(bu),etc.,蒲式耳,(,谷物计量单位,;,美国,Winchester bushel=35.238,升,英国,Imperial bushel=36.368,升,),Methods of Calculating Weight,By Gross Weight,By Net Weight,By Conditioned weight,公量,By Theoretical weight,By Legal Weight,法定重量,By net-net weight,Gross Weight GW,毛重,Gross weight is the sum of total weight of the commodity itself and the tare(the package weight).,Thats to say,，,it refers to the net weight plus the tare of the goods.,Low value products,Net Weight NW,净重,Net Weight=Gross Weight Tare,There are four ways to calculate tare.,By actual tare,实际皮重,:The actual weight of packages of the whole commodities.,By average tare,平均皮重,:In this way,the weight of packages is calculated on the basis of the average tare of a part of the packages.,By customary tare,习惯皮重,:The weight of standardized package has a generally recognized weight which can be used to represent the weight of such packages.,e.g.:The weight of a gunny bag is 2.5 pounds.,By computed tare,约定皮重,:The weight of package is calculated according to the tare previously agreed upon by the seller and the buyer instead of actual weighing.,Products measured by weight is usually measured by Net Weight,Sometimes the tare of the cargoes being too slight to be calculated,its usually ignored.That is to say,the weight of the commodity includes the tare.This way of calculation is called,“,Gross for Net,”,.,For example,Northeast China soybean,1,000MTs,packed in single new gunny bags,100 kilograms per bag,gross for net,.,Gross for Net,Some cargoes,such as newsprint in reels,tobacco flakes which packing are not convenient to be calculated by NW(because their package is difficult to weight separately),Or those,the values of the packing materials are almost the same as the valuesof the cargoes themselves,such as grain,fodder,etc.,are often calculated(priced)by GW,which is called Gross for Net”in international trade.,By Conditioned weight,公量,This kind of calculating method is Suitable to those cargoes,which are of high economic value and with unsteady moisture content(whose water contents are not stable),such as wool,raw silk,etc.,Raw silk and wool,which are of high economic value and with unsteady moisture content,。,The formula of calculating the conditioned weight,Wa x(1+standard regaining rate of water),Wc =-,1+actual regaining rate of water,=Dried Weight+Standard Moisture,In which:,Wa-Actual Weight,Wc-Conditioned Weight,Case Analysis,e.g.:,We import wool from Australia.In the,S/C,the quantity of goods is “10 MT”,the,price of the goods is USD 2000/MT.When we,receive the wool,we find that the actual,weight is 10 MT,and actual regaining rate of,water is highly up to 33.3%.How much do we,lose in this transaction?,(The accepted international standard regaining water content of wool and raw silk is 11%.),Answer:,Wc=10 x(1+11%)/(1+33.3%)=8.33(MT),2000 (10-8.33)=3340(USD),Theoretical Weight,理论重量,Commodities that have regular specifications and regular size,such as tin plate,steel plate,etc.are often subject to the use of theoretical weight.,By Legal Weight,法定重量,Definition:,This refers to the weight of commodities,plus the weight of inner packaging,Application:,Legal weight is the calculation for the basis of imposing Specific Duties(,从量税,),By net-net weight,Some noble metals and chemical materials are usually weighed in the light of the net-net weight.The so-called net-net refers to the weight of the cargo itself,which does not include any packing weight,water or impurities.,Quantity Clause in the Contract,1)The basic contents of the quantity clause are the quantity to be delivered and measuring unit to be used.,2)In order to avoid disputes during the fulfillment of the contract,both parties shall determine the delivery quantity reasonably and flexibly beforehand by setting a more or less clause,plus or minus clause or about or circa clause in the contract.,More or,Less,Clause,Definition:,-The seller may deliver the goods with a certain percentage more or less in quantity according to the agreed quantity latitude.,Application:,-agricultural or mineral products,More or,Less,Clause,500 MTmore or less 5%at sellers option,500 MT,plus or minus 5%at sellers option,500 MT,+,5%at sellers option,In this case the quantity delivered can range from 475 to 525 metric tons.,More or,Less,Clause,The issue of option:,The more or less clause is usually at the sellers option.,But it may also be:,at buyers option,at carriers option,at shippers option,More or,Less,Clause,As to the purchase price of the goods more or less delivered,there are 2 ways to calculate:,(1)According to the unit price stipulated in the contract;,(2)According to the market price when the cargo is shipped.,If the contract does not stipulate the,method for pricing of the goods more or,less delivered,we usually assign the price to,them according to the stipulation in the contract.,About or Circa or Approximate Clause,Definition:,-If we put“about”before the quantity of the goods it indicates that the quantity of the goods is not exact.,For example:,about 7,000 MT,If we use such expression as about,“approximate”before the quantity of the goods,it indicates that the quantity of the goods is not exact.,About or Circa or Approximate Clause,UCP600,(Uniform Customs and Practice for Documentary Credits,跟单信用证统一惯例,),Article 30(a),When we use“about”in S/C,the 2,parties should attain identical,understanding to its meaning and,stipulated in the general trade terms.,About or Circa or Approximate Clause,Case Study:,ZX Company purchased A,B,C,D and E,5 kinds specifications of steel plate,totally 50M/T.The contract stipulated that the quantity of each specification is equal.After receiving the goods,the buyer found that all the steel plate is A.So,the buyer only agreed to receive 1/5 of the goods and reject the other 4/5.,Question:Was the buyers requirement reasonable or not?,About or Circa or Approximate Clause,Article 53,Item 2 in“United Nations Convention on Contracts of International Sales of Goods”:,If the seller delivers a quantity of the goods greater than that provided for in the contract,the buyer may take delivery or refuse to take delivery of the excess quantity.If the buyer takes delivery of all or part of the excess quantity,he must pay for it at the contract rate.,Thank You!,