内容正文:
Chapter 11 Cases on Different Subjects
of International Business
第11章 国际货物贸易专题案例及解析
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International Business
Practice and Case Study
国际贸易实务
与案例分析
Section 1
Case 1 Shipping Quality or Landed Quality?
案例1 离岸品质还是到岸品质?
3
Description of the case:
A Chinese exporter signs a contract with the a foreign importer stipulating that taking shipping quality and quantity as final, inspection certificate issued by CCIQ is taken as the basis for negotiating payment.The Chinese prepares the goods,applies for inspection,gets qualified inspection cetificate from CCIQ and makes shipment as the contract,however, upon arrival of the goods the foreigner finds that the quality of the goods is not in conformity with the stipulation of the contract and files a claim against the Chinese immediately. Sould the Chinese exporter settle the claim?
案例描述:
中国出口商和外国进口商签订合同,规定以离岸品质、数量为准,中国进出境检验检疫局出具的检验证书为议付的依据。中国出口商按合同规定备货、报检、取得合规的检验证书并装船出口,货物一到目的港,外国进口商验货,发现到货的品质与合同规定不符,该外国进口商马上向中国出口商索赔,中国出口商是否应该理赔?
Analysis of the case:
The Chinese exporter should not settle the claim, it's just because as stipulated in the contract shipping quality and quantity as final.Shipping quality means the quality when the goods are delivered at the port of departure other than the quality when the goods are landed at the port of destination,the latter is called landed quality. In this case, the Chinese exporter has already got
inspection certificate from CCIQ as the contract,it is the evidence the quality of the goods is qualified when the goods are delivered at the port of departue,the Chinese exporter is free from then on,unless the foreign importer could prove there have been inner flaws in the goods before shipment.
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