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 Cases on Packing and Marks
第1节 货物包装与标志案例
Case 1 Shipping Mark
案例 1 运输标志
3
Description of the case:
A Chinese seller signs a sales contract with a foreign buyer,stipulating shipping mark is decided by the seller including design and stenciling. When the covering credit reaches the seller,the seller finds that the inconformity between the stipulation of the credit and that of the contract about shipping mark, however according to the contract the seller has already finished shipping mark stenciling. What should the seller do right now?
案例描述:
中国卖家与某外国买家就某商品签订销售合同,规定运输标志(唛头)由卖方决定,设计并印刷,但在收到对方开来的信用证时,买方发现,证内又规定了运输标志,而且与合同规定的运输标志不符,因合同规定运输标志由卖方决定,卖方早已按合同刷妥,现信用证规定与合同规定不符,卖方该怎么办?
Analysis of the case:
Chinese seller may ask for an amendment to the credit according to the contract,or, consult with the buyer to pay the fees for modifying stenciled shipping mark as the credit.
If it is stipulated in the contract shipping mark is decided by the seller,both parties of the buyer and the seller should follow this stipulation. The seller should open the credit according to the contract. If there is not a stipulation in the contract for the decision of shipping mark, according to international business practice, it is usually decided by the seller. This case belongs to the former, but the buyer does not open the credit as contract.
The credit is closely connected with the contract,they are also separate and independent, opening bank does not care about the contract. If only documents presented by the beneficiary are in full conformity with th