Case sets international trade practice with answers
lithographic
the students collect information on international trade practice cases of small directory
Chapter commodity name, quality, quantity and packaging
Chapter International Freight
Chapter commodity name, quality, quantity and packaging
Case 1 does not match the quality of goods disputes arising from the production company
I export auto parts to customers in Malaysia, name for the YZ-8303R / L, but the manufacturer provides YZ-8301R / L, the two types of products are very similar in appearance, but used in different models, so customers can not accept, requiring us to exchange the product or lower prices. we take into account the return can be tricky, expensive, so they lower the price 15%, end this case.
[Case 1 analysis]
the quality of goods in international sale of goods is an indispensable condition of the main, it is very important articles. seller is a material breach, the compensation for other losses are inevitable.
Case 2 the number of shortages of goods the buyer rejected the case
I export company with a Hungarian businessman entered into a contract, the export of fruit, to the acceptance of payment for the goods after payment. However, acceptance of the goods by the buyer found missing 10% of the total weight of fruit, and the weight of each fruit was also lower than the contract, both providers and Hungary refused to pay, also refused to take delivery. Then all the rotten fruit, and Hungary to the Chinese Customs warehousing and handling costs to receive $ 50,000 of fruit. I caught a passive export company. (sale of goods in one of the main conditions are indispensable. in accordance with the laws of some countries, the number of delivery by the seller and the contract must be consistent, otherwise, the buyer the right to claim, or even reject the goods. The case was apparently caught in our passive, but can still argue, to recover damages. First, the shortage should be identified is part of the normal way we consume, or breach of contract does not pay the full amount, in the case of our breach of contract, breach of contract should distinguish between fundamental and non-belonging a fundamental breach of contract. If not a fundamental breach of contract, Hungary has no right to return and refuse to pay the purchase price, price reduction or damages can only request; in the case of fundamental breach of contract, Hungary only returns, but should also keep the goods,cheap UGG boots, and fresh resale of goods on behalf of living can be to minimize losses.
contract or this Convention any right to return the goods, the circumstances he must take reasonable steps to preserve them, he is entitled to retain them until he was paid by the seller to pay a reasonable fee to him so far. to the proper custody and the obligation to mitigate losses, to be held accountable. Therefore, our company with the loss of Hungarian businessmen goods to negotiate fees and expenses to recoup their losses as much as possible.
Case 3 fails to lead guests to complete all the goods cancel the contract of a company in China A Case
Bangladesh exported a consignment of a company B, the contract value of approximately USD20000.00, goods for the auto parts, a total of 10 models, including four models requires samples manufactured according to customer . Payment will be made, customers pay the deposit 1000 dollars, and the rest 30% and 70% respectively, L / C and T / T payment (in the production of finished goods, notify the customer to pay). guests to immediately open letters of credit, A Company on the basis contract and L / C requirements to begin production of goods, but found that requirements made by the guests sample the goods can not be completed because the number of customers ordering less, the development of the product is very uneconomical. therefore intends to purchase the products from other manufacturers, but Unfortunately, the production has been unable to find the product manufacturers. but this time close to shipment, and production of other goods also have been completed. A Company B Company had to tell the above problems. B Company to cancel all the goods and refund of deposit and samples of his reason, he asked for custom-made goods is very important, can not do without, because A company does not have the goods on time, missed opportunities for his business. A company also feel helpless, really wrong, had promised to customer requirements , bear all the loss of the backlog of goods.
[Case 3 analysis]
A company should reflect on why such a passive situation created?
1. on the customer's samples have not done carefully, to the simplistic view that they can produce or buy from other places that confirm the customer's orders.
2. goods of particular importance for the customer, should be given attention. because the customer will be samples to China from abroad, the company made to the A, S Corporation confirmed can be produced, the last but not produced, of course, very disappointed customer. If it had other products can not be completed, perhaps reluctantly agreed to Buzhi Yu customers will cancel the contract.
3. under the the other party may cancel the contract and claim damages. seller of this case constituted a material breach (insufficient number), the other's request is reasonable.
Case 4 color card with br> A domestic companies and foreign customers B
in December 2000 under the 1X40 'container products P1 (item number 828-12) of the order. customers to request E-MAIL can not be displayed on all packaging No. ; 828 can not be marked . Upon receipt of samples sent by the company A photo was found on the color card is still br> 5 million in economic losses, while delivery will be delayed 20 days. A company told customers to produce the goods have been completed, if the rework will result in 5 million and that customer acceptance of the We agreed to accept the goods, but customers need to clear customs fees USD2000.OO, our company had to agree to accept.
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