Chapter8 Commodity Inspection and Claim.（课件）《国际贸易实务双语教程》同步教学（清华大学出版社）

Chapter Eight Commodity Inspection and Claim Learning objectives Know the significance of commodity inspection. Familiar with the ways to stipulate the place and time of inspection in the contract. Understand the conditions for breach of contract and settlement of claims. Master the procedure of inspection. Master the ways of stipulating claim clause in a sales contract. Contents Case study 1 Section 1 Inspection of Commodity 2 Section 2 Dispute and Claims 3 Key terms 6 Case Study A Chinese exporter has exported several batches of wool textiles to a country in the Meddle East. When the goods arrived, the buyer received one by one, without raising any objections. But a few months later, the buyer sent a set of clothing made by the wool textiles, claiming that there is an obvious color shading of the clothing made by out products and it is difficult to put into the market, thus filling a claim for compensation. Analysis According to international practice, once the textiles cut, the buyer cannot return the goods. In this case, the importer has sold the goods to garment factories, and the textiles have already been made into the clothing, indicating that the importer has accepted our goods. since the form of the goods has been changed, it is unreasonable for the importer to return the goods and lodge a claim. In the Article 82 of United Nations Convention on Contracts for the International Sale of goods”, it stipulates that the buyer loses the right to declare the contract void or to require the seller delivering substitute goods if it is impossible for him to make restitution of the goods substantially in the condition in which he received them. Definition Commodity inspection is the inspection conducted by an authorized third party to testify whether the quality, quantity, weight, package, etc. are the same as those specified in the contract. Buyer’s inspection right The buyers shall implement the inspection or have others to do it in the shortest pra