内容正文:
Chapter Twelve
Implementation of Sales Contract
Learning objectives
Know the significances of fulfilling contract legally.
Master the procedures in performance of import and export contract.
Contents
Case study
1
Section 1 Performance of Export Contract
2
Section 2 Performance of Import Contract
3
Key terms
4
Case Study
A Chinese trading company received a sight documentary L/C from his foreign buyer through the issuing bank. The L/C stipulates that the shipment cannot be effected later than Sep. 15, 2013. However, the Chinese trading company cannot effect shipment duly for the shortage of shipping space. They cable to the buyer to extend the shipment to Oct. 15 on Sep. 5. The validity of the L/C is extended at the same time. The Chinese company receives the buyer’s cable that they agree to accept the cable of Sep. 5, the shipment is changed to be not later than Oct. 15, and the validity of the L/C is extended for one month. The Chinese company arranges for shipment immediately on receipt of the cable, complete shipment on Oct. 12, and prepares the full set of documents to negotiate with the bank. But the bank refuses to collect the document. Question: what is the reason for the bank to collect the documents? Why?
Analysis
There are the reasons for the bank to refuse to collect the documents. According to the Article 10 of the UCP600, except for other stipulation of Article 38, the L/C cannot be amended or revoked without the agreement of the issuing bank, the confirming bank (if it exists) and the beneficiary. In this case, the Chinese company cannot effect shipment for the shortage of the s hipping space and ask the buyer to extend the shipping date to Oct. 15. The validity of the L/C is extended at the same time. They receive the buyer’s agreement, but without the agreement of the issuing bank and the modification advice of the L/C. the bank has the rights to refuse the documents.
Performance of Export Contract
Ensure the Issuance of L/C
Inspection
Prepar