1、 学习情境一 审证和改证业务操作 一、学习目标 能力目标:能根据外贸合同审出信用证中的问题条款,能针对问题条款提出修改意见。 知识目标:掌握审证的依据和步骤,熟悉改证的原则。 二、工作项目 2008 年 2 月 15 日,浙江金苑进出口有限公司与阿联酋的 SIK 贸易有限公司签订了 一份全棉女式夹克出口的销售合同,具体内容如下: SALES CONTRACT NO.: ZJJY0739 DATE: FEB. 15, 2008
2、 THE SELLER: ZHEJIANG JINYUAN IMPORT AND EXPORT CO., LTD. 118 XUEYUAN STREET, HANGZHOU, P.R.CHINA TEL: 0086-571-86739177 FAX: 0086-571-86739178 THE BUYER: SIK TRADING CO., LTD. 16 TOM STREET, DUBAI, U.A.E. TEL: 00971-4-3535876 FAX: 00971-4-3535878 This Contract is made
3、by and between the Buyer and Seller, whereby the Buyer agrees to buy and the Seller agrees to sell the under-mentioned commodity according to the terms and conditions stipulated below: Size/color assortment for Style no. L357 : U
4、nit: pieceCommodity & specification Quantity Unit price Amount Ladies Jacket Style no. L357 Style no. L358 Shell: woven twill 100% cotton Lining: Woven 100% polyester As per the confirmed sample of Jan. 30, 2008 and Order no.SIK768 2250pcs 2250pcs CIF Dubai, U.A.E. USD12.00/pc USD12.0
5、0/pc USD27000.00 USD27000.00 TOTAL 4500pcs USD54000.00 TOTAL CONTRACT VALUE: SAY U.S. DOLLARS FIFTY FOUR THOUSAND O NLY. Size White Red Total S 180 180 360 M 360 360 720 L 450 360 810 XL 180 18
6、0 360 Total 1170 1080 2250 Size/color assortment for Style no. L358 : Unit: piece More or less 5% of the quantity and the amount are allowed. PACKING : 9 pieces of ladies jackets are packed in one export standard carton, solid color and solid size in
7、 the same carton.. MARKS: Shipping mark includes SIK, S/C no., style no., port of destination and carton no. Side mark must show the color, the size of carton and pieces per carton. TIME OF SHIPMENT : Within 60 days upon receipt of the L/C which accord with relevant clauses of this Contract
8、 PORT OF LOADING AND DESTI NATION: From Shanghai, China to Dubai, U.A.E. Transshipment is allowed. and partial shipment is prohibited. INSURANCE: To be effected by the seller for 110% of invoice value covering All Risks as per CIC of PICC dated 01/01/1981. TERMS OF PAYMENT
9、 : By irrevocable Letter of Credit at 30 days after sight, reaching the seller not later than Mar. 5, 2008 and remaining valid for negotiation in China for further 15 days after the effected shipment. In case of late arrival of the L/C, the seller shall not be liable for any delay in shipment
10、and shall have the right to rescind the contract and /or claim for damages. DOCUMENTS: + Signed Commercial Invoice in triplicate. + Full set of clean on board ocean Bill of Lading marked “freight prepaid” made out to order of shipper blank endorsed notifying the applicant. + Insurance Poli
11、cy in duplicate endorsed in blank. + Packing List in triplicate. + Certificate of Origin certified by Chamber of Commerce or CCPIT. INSPECTION:Size S M L XL Total White 180 360 450 180 1170 Blue 180 360 360 180 1080 Total 360 720 810 360 2250 The ce
12、rtificate of Quality issued by the China Entry-Exit Inspection and Quarantine Bureau shall be taken as the basis of delivery. CLAIMS : In case discrepancy on the quality or quantity (weight) of the goods is found by the buyer, after arrival of the goods at the port of destination, the buyer
13、may, within 30 days and 15 days respectively after arrival of the goods at the port of destination, lodge with the seller a claim which should be supported by an Inspection Certificate issued by a public surveyor approved by the seller. The seller shall, on the merits of the claim, either make go
14、od the loss sustained by the buyer or reject their claim, it being agreed that the seller shall not be held responsible for any loss or losses due to natural cause failing within the responsibility of Ship-owners of the Underwriters. The seller shall reply to the buyer within 30 days after receip
15、t of the claim. LATE DELIVERY AND PENALTY: In case of late delivery, the Buyer shall have the right to cancel this contract, reject the goods and lodge a claim against the Seller. Except for Force Majeure, if late delivery occurs, the Seller must pay a penalty, and the Buyer shall have the rig
16、ht to lodge a claim against the Seller. The rate of penalty is charged at 0.1% for every day. The total penalty amount will not exceed 5% of the shipment value. The penalty shall be deducted by the paying bank or the Buyer from the payment. FORCE MAJEURE: The seller shall not held responsibl
17、e if they, owing to Force Majeure cause or causes, fail to make delivery within the time stipulated in the Contract or cannot deliver the goods. However, in such a case, the seller shall inform the buyer immediately by cable and if it is requested by the buyer, the seller shall also deliver to bu
18、yer by registered letter, a certificate attesting the existence of such a cause or causes. ARBITRATION: All disputes in connection with this contract or the execution thereof shall be settled amicably by negotiation. In case no settlement can be reached, the case shall then be submitted to t
19、he China International Economic Trade Arbitration Commission for settlement by arbitration in accordance with the Commission’s arbitration rules. The award rendered by the commission shall be final and binding on both parties. The fees for arbitration shall be borne by the losing party unless oth
20、erwise awarded. This contract is made in two original copies and becomes valid after signature, one copy to be held by each party. Signed by: THE SELLER: ZHEJIANG JINYUAN IMPORT AND EXPORT CO., LTD. THE BUYER: SIK TRADING CO., LTD 李 立 Jack Black 2008 年 2 月 25 日,浙江金苑进出口
21、有限公司外贸单证员陈红收到了杭州市商业银行 (HANGZHOU CITY COMMERCIAL BANK)国际业务部的信用证通知函,告知 SIK 贸易 有限公司已经通过汇丰银行迪拜分行(HSBC BANK PLC,DUBAI)开来信用证。信用证通 知书和信用证内容如下: 1.信用证通知书 杭州市商业银行 HANGZHOU CITY COMMERCIAL BANK 信用证通知书 Notification of Documentary Credit OFFICE: INT’L BUSINESS DEPT. ADDRESS: 432 FENGQI
22、ROAD, HANGZHOU, 310006,CHINA D ATE:2008-02-25 This L/C consists of sheet(s), including the covering letter and attachment(s) 该信用证连
23、同本面函及附件共 页。 如该信用证中有无法办到的条款及/或错误,请迳与开证申请人联系进行必要的修改,以排除交单时可能发 生的问题。 本通知费 CNY200 Y ours faithfully HANGZHOU CITY COMMERCIAL BANKTo: 致 ZHEJIANG JINYUAN IMPORT AND EXPORT CO.,LTD. Our Ref No.我行编号: AD2006869105555 Amount 金额 USD54450.00 Issuing Bank 开证行 HSBC BANK PLC,DUBAI Trans
24、mitted to us through 传递行 Transferred from 转让行 L/C No.信用证号 FFF07699 Issuing Date 开证日期 2008-02-25 Dear Sirs,敬启者: We have pleasure in advising you that we have received from A/M a 兹通知贵公司,我行收自上述银行 ( √ )issuing by telex/SWIFT 电传/SWIFT 开立 ( )ineffective 未生效 ( )issuing by mail 信开 ( )
25、pre-advising of 预先通知 ( )mail confirmation of 证实书 ( √ )original 正本 ( )duplicate 副本 Letter of credit, contents of which are as per attached sheet(s). This advise and the attached sheet(s) must accompany the relative documents when presented. 信用证一份,现随
26、附通知。贵公司交单时,请将本通知书及信用证一并提示。 ( √ )Please note that this advice does not constitute our confirmation of the above L/C nor does it convey any engagement or obligation on our part. 本通知并不构成我行对该信用证之保兑及其他任何责任。 ( )Please note that we have added our confirmation to the above L/C, which is available with o
27、urselves only. 上述信用证已由我行加具保兑,并限向我行交单。 Remarks 备注: 杭州市商业银行 AUTHORIZED SIGNATURE(S) 2.信用证 MT 700 SENDER RECEIVER SEQUENCE OF TOTAL FORM OF DOC. CREDIT DOC. CREDIT NUMBER DATE OF ISSUE APPLICABLE RULES DATE AND PLACE OF EX PIRY. APPLICANT BENEF
28、ICIARY AMOUNT AVAILA BLE WITH/BY DRAFTS AT ... DRAWEE PARTIA L SHIPMENT TRANSSHIPMENT PORT OF LOADING/ AIRPORT OF DEPARTURE PORT OF DISCHARGE LATEST DATE OF SHIPMENT DESCRIPTION OF GOODS AND/OR SERVICES. ISSUE OF A DOCUMENTARY CREDIT HSBC BANK PLC,DUBAI, U.A.E. HANGZHO
29、U CITY COMMERCIAL BANK, HANGZHOU, CHINA 27 : 1 / 1 40A: IRREVOCABLE 20 : FFF07699 31C: 080225 40E: UCP LATEST VERSION 31D: D ATE080330PLACE IN U.A.E. 50 : SIK TRADING CO., LTD. 16 TOM STREET, DUBAI, U.A.E. 59 : ZHEJIANG JINYUN IMPORT & EXPORT CO., LTD. 118 XUEYUAN STREET, HANGZHOU,
30、 P.R.CHINA 32B: CURRENCY USD AMOUNT 54450.00 41D: ANY BANK IN CHINA, BY NEGOTIATION 42C: 60 DAYS AFTER SIGHT 42A: HSBC BANK PLC,NEW YORK 43P: PROHIBITED 43T: ALLOWED 44E: CHINESE MAIN PORT 44F: DUBAI, U.A.E. 44C: 080325 45A: 4500 PIECES OF LADIES JACKET, SHELL: WOVEN TWILL 100% C
31、OTTON, LINING: WOVEN 100% POLYESTER, ORDER NO.SIK768, AS PER S/C NO. ZJJY0739 STYLE NO. L357 L358 QUANTITY 2250PCS 2250PCS UNIT PRICE USD12.10/PC USD12.10/PC AMOUNT USD27225.00 USD27225.00 AT CIF DUBAI, U.A.E. DOCUMENTS REQUIRED 46A: + COMMERCIAL INVOICE SIGNE
32、D IN TRIPLICATE. + PACKING LIST IN TRIPLICATE. + CERTIFICATE OF CHINESE ORIGIN CERTIFIED BY CHAMBER OF COMMERCE OR CCPIT. + FULL SET (3/3) OF CLEAN ‘ON BOARD’ OCEAN BILLS OF LADING MADE OUT TO APPLICANT MARKED FREIGHT PREPAID AND NOTIFY APPLICANT. + INSURANCE POLICY/CERTIFICATE IN DUPLICATE
33、 ENDORSED IN BLANK FOR 150% INVOICE VALUE, COVERING ALL RISKS OF CIC OF PICC (1/1/1981) INCL. WAREHOUSE TO WAREHOUSE AND I.O.P AND SHOWING THE CLAIMING CURRENCY IS THE SAME AS THE CURRENCY OF CREDIT. + SHIPPING ADVICE SHOWING THE NAME OF THE CARRYING VESSEL, D ATE OF SHIPMENT, MARKS, QUANTITY,
34、NET WEIGHT AND GROSS WEIGHT OF THE SHIPMENT TO APPLICANT WITHIN 3 DAYS AFTER THE D ATEOF BILL OF LADING. ADDITIONAL CONDITION 47A: + DOCUMENTS DATED PRIOR TO THE D ATE OF THIS CREDIT ARE NOT ACCEPTABLE. + THE NUMBER AND THE D ATEOF THIS CREDIT AND THE NAME OF ISSUING BANK MUST BE QUOTED ON ALL
35、 DOCUMENTS. + TRANSSHIPMENT ALLOWED AT HONGKONG O NLY. + SHORT FORM/CHARTER PARTY/THIRD PARTY BILL OF LADING ARE NOT ACCEPTABLE. + SHIPMENT MUST BE EFFECTED BY 1×40’FULL CONTAINER LOAD. B/L TO SHOW EVIDENCE OF THIS EFFECT IS REQUIRED. + THE GOODS SHIPPED ARE NEITHER ISRAELI ORIGIN NOR DO TH
36、EY CONTAIN ISRAELI MATERIALS NOR ARE THEY EXPORTED FROM ISRAEL, BENEFICIARY’S CERTIFICATE TO THIS EFFECT IS REQUIRED. + ALL PRESENTATIONS CONTAINING DISCREPANCIES WILL ATTRACT A DISCREPANCY FEE OF USD60.00 PLUS TELEX COSTS OR OTHER CURRENCY EQUIVALENT. THIS CHARGE WILL BE DEDUCTE
37、D FROM THE BILL AMOUNT WHETHER OR NOT WE ELECT TO CONSULT THE APPLICANT FOR A WAIVER CHARGES PERIOD FOR 71B: ALL CHARGES AND COMMISSIONS ARE FOR ACCOUNT OF BENEFICIARY INCLUDING REIMBURSING FEE. 48 : WITHIN 5 DAYS AFTER THE DATE OF SHIPMENT, BUT WITHIN PRESENTATION CON
38、FIRMATION INSTRUCTION REIMBURSING BANK INFORMATION TO PRESENTING BANK THE VALIDITY OF THIS CREDIT. 49 : WITHOUT 53A: HSBC BANK PLC,NEW YORK 78 : ALL DOCUMENTS ARE TO BE REMITTED IN ONE LOT BY COURIER TO HSBC BANK PLC , TRADE SERVICES,DUBAI BRANCH, P O BOX 66, HSBC BANK BUILDING 312/45 A l SUQARE ROAD, DUBAI, UAE. ◆外贸单证员陈红的工作任务包括: 任务 1:读懂 ZJJY0739 外贸合同条款。 任务 2:读懂 FFF07699 信用证条款。 任务 3:根据 ZJJY0739 外贸合同,审核 FFF07699 信用证,找出问题条款。 任务 4:对 FFF07699 信用证的问题条款提出修改意见。






