Import & Export_new

一、单项选择题

1. 下列术语中卖方不负责办理出口手续及支付相关费用的是（ ）。

A、FCA B、FAS C、FOB D、EXW

2. 在以CIF和CFR术语成交的条件下，货物运输保险分别由卖方和买方办理，

运输途中货物灭失和损坏的风险（ ）。 A、前者由卖方承担，后者由买方承担 B、均由卖方承担

C、均由买方承担 D、前者由买方承担，后者由卖方承担

3. A公司5月18日向B公司发盘，限5月25日复到有效。A公司向B公司发

盘的第二天，A公司收到B公司5月17日发出的、内容与A公司发盘内容完全相同的交叉发盘，此时（ ）。 A．合同即告成立 B．合同无效

C．A公司向B公司或B公司向A公司表示接受，当接受通知送达对方时，

合同成立

D．必须是A公司向B公司表示接受，当接受通知送达B公司时，合同成立

4. 我某公司与外商签订一份CIF出口合同，以L/C为支付方式。国外开来信用

证中规定：“信用证有效期为8月10日，最迟装运期为7月31日。”我方加紧备货出运，于7月21日取得大副收据，并换回正本已装船清洁提单，我方应不迟于( )向银行提交单据。

A、7月21日 B、7月31日 C、8月10日 D、8月11日

5. 我出口稻谷一批，因保险事故被海水浸泡多时而丧失其原有用途，货到目的

港后只能低价出售，这种损失属于（ ）。

A、单独损失 B、共同损失 C、实际全损 D、推定全损

6. 有一批出口服装，在海上运输途中，因船体触礁导致服装严重受浸，如果将

这批服装漂洗后再运至原定目的港所花费的费用已超过服装的保险价格，这批服装应属于（ ）。

A、共同海损 B、实际全损 C、推定全损 D、单独海损

7. 某公司出售一批商品给美国ABC Co.，美国银行开来一份不可撤销可转

让信用证，某银行按公司委托，将信用证转让给我进出口公司，如信用证内未对转让费作明确规定，按惯例应由（ ）。 A、我某进出口公司负担 B、某公司负担 C、美国ABC Co.负担 D、某银行负担

8. 卖方发盘限15日复到有效，14日下午收到买方复电要求减价3％并修改交

货期，正研究如何答复时，次日上午又收到买方来电接受发盘，( )。 A．于是，合同按卖方发盘条件达成 B．于是，合同按买方提出条件达成 C．于是，合同按买方还实盘条件达成 D．此时，合同尚未达成

9. An exporter in Guangzhou has agreed to sell goods to a company in New York.

The exporter is responsible for arranging transport but not insurance. Which of the following shipping terms is correct? ( )

A. CIF New York B. FOB New York C. CFR New York D. FOB Guangzhou 10. Which term means the minimum cost coverage by the seller? ( )

A. EXW B. FCA C. FAS D.FOB

11. Which term means the maximum cost coverage by the seller? ( )

A. FAS B.DAT C.DAP D.DDP

12. 象征性交货指卖方的交货义务是（ ）。

A、不交货 B、即交单又实际性交货 C、凭单交货 D、实际性交货

13. 某公司与外商签订了一份出口某商品的合同，合同中规定的出口数量为500

吨。在溢短装条款中规定，允许卖方交货的数量可增减5％，但未对多交部分货物如何作价给予规定。卖方依合约规定多交了20吨，根据《公约》的

规定，此20吨应按( )作价。

A．到岸价 B．合同价 C．离案价 D．议定价 14. 按《UCP600》解释，若信用证条款中未明确规定是否允许“分批装运”、“转

运”，则应视为（ ）。

A、可允许分批装运 B、可允许分批装运和转运

C、可允许装运，但不允许分批装运 D、不允许分批装运和转运

15. 信用证的到期日为12月31日，最迟装运期为12月16日，最迟交单日期为

运输单据出单后15天，出口人备妥货物安排装运的时间是12月10日，则出口人最迟应于（ ）交单。

A、12月16日 B、12月25日 C、12月28日 D、12月31日 16. 一批出口货物投保了水渍险，在运输过程中由于雨淋致使货物遭受部分损

失，这样的损失保险公司将（ ）。

A、负责赔偿整批货物 B、负责赔偿被雨淋湿的部分

C、不给予赔偿 D、在被保险人同意的情况下，可以单独投保

17. 我方按CIF条件成交出口一批罐头食品，卖方投保时，按下列（ ）投保是

正确的。

A、平安险 + 水渍险 B、一切险 + 偷窃、提货不着险

C、水渍险 + 偷窃、提货不着险 D、平安险 + 一切险

18. 一笔业务中，若出口销售人民币净收入与出口总成本的差额为正数，说明该

笔业务为（ ）。

A、盈 B、亏 C、平 D、可能盈、可能亏 19. 在我国进出口业务中，计价货币选择应（ ）。

A、力争采用硬币收付 B、力争采用软币收付

C、进口时采用软币计价付款，出口时采用硬币计价收款 D、出口时采用软币计价付款，进口时采用硬币计价收款

20. 国外开来的不可撤销信用证规定，汇票的付款人为开证行，货物装船完毕后，

闻悉申请人已经破产，则（ ）。 A、由于付款人破产，货款将落空 B、可立即通知承运人行使停运权

C、只要单证相符，受益人仍可从开证行取得货款 D、待付款人财产清算后方可收回货款

21. According to UCP 600, if there is no special description about the form of

the L/C in it, then this L/C is ( ) . A. irrecovable and non-transferable B. recovable and transferable C. irrecovable and transferable D. recovable and non-transferable

22. The term of FOB should be followed by ( ) in a international trade contract. A. named place of origin B. named port of shipment C. named port of destination D. named place of destination

23. The term of CIP should be followed by ( ) in a international trade contract. A. named place of origin B. named port of shipment C. named port of destination D. named place of destination 24. According to UCP 600, under L/C, the payer of the draft is ( ) . A. the buyer B. the advising bank C. the negotiating bank D. the issuing bank

25. In the following payment terms, ( ) is the safest term to the seller A. Payment against documents, at 30 days after sight B. Payment by T/T, at 30 days after arrival of goods

C. Payment against documents, at 30 days from the date of B/L D. Payment by acceptance L/C, at 30 days after sight

26. 、Under CFR contract, the goods are damaged during marine

transport and the buyer suffers losses estimated at USD 1 000 due to natural calamity, USD 800 due to fortuitous accidents, and USD 2 000 due to extraneous risks. If the buyer has insured the goods for USD 1 000 000 against WPA before shiment, then the insurer should pay ( ) compensation to the buyer. A. USD 3800 B. USD 1800 C. USD 3000 D. USD 2800 27. Counter sample is made by ( ) which can help avoid disputes over

the quality of goods in the future transaction.

A. the buyer B. the seller C. the carrier D. the offer 28. The more or less clause is a clause that stipulates that ( ). A. the quantity delivered can be more or less within 5 percent. B. the quantity delivered can be more or less within 10 percent C. the quantity delivered can be more or less within 3 percent D. the quantity delivered can be more or less within certain extent 29. Sales by description and illustration is applicable to ( ) most. A. wheat B. medical apparatus C. mineral ore D. ordinary stainless steel cup 30. Neutral packing is adopted to ( ). A. prevent corrosion by acids or alkali

B. break tariff and non-ariff barriers of exporting countries C. break tariff and non-tariff barriers of importing countries D. A, B and C are all right

31. An exporter in Guangzhou has agreed to sell goods to a company

in New York. The exporter is responsible for arranging transport but not insurance. Which of the following shipping terms is correct? ( ) A. CIF New York B. FOB New York C. CFR New York D. FOB Guangzhou

32. According to UCP 600, if there is no special description about the form of the L/C in it, then this L/C is ( )

A. irrecovable and non-transferable B. recovable and transferable C. irrecovable and transferable D. recovable and non-transferable 33. In the following payment terms, ( ) is the safest term to the seller A. sight payment L/C B. D/P at sight C. Payment at 30 days after delivery of goods D. Cash with order

34. L/C、D/P和D/A三种支付方式，按卖方的收汇风险而言，由大到小的顺 序是（ ）

A.L/C>D/A>D/P B.L/C>D/P>D/A C.D/A>D/P>L/C D.D/P>D/A>L/C

35. 在进出口合同的商检条款中，关于检验时间和地点的规定使用最多的

为

A.在装运港检验 B.在目的港检验

C.在装运地检验，在目的地复验 D.装运港检验重量，目的港检验品质

36. 在工厂交货（EXW）条件下，办理货物出口手续的责任在（ ）

A.买方 B.卖方 C.承运人 D.海关

37. 包装上仅有买方指定的商标或品牌，但无生产国别标注的包装方式是（ ） A.无牌中性包装 B.定牌中性包装 C.卖方习惯包装 D.惯常方式包装

38. 根据中国人民保险公司的《海洋货物运输保险条款》，基本险的险别中不包

括．．．（ ）

A.一切险 B.平安险 C.水渍险 D.战争险 39. 机电、仪表产品的品质表示方法，比较合适的是（ ） A.凭等级 B.凭说明书 C.凭产地名称 D.凭样品

40. 中国上海某公司从美国纽约进口一批商品，可选的贸易术语是（ ） A.DDP纽约 B．CFR纽约 C．CIF上海 D．FOB上海

41. 国外某买主向我出口公司来电：“如降价5%，接受你方12日发盘”，此来 电属交易蹉商的哪一环节？（ ） A.还盘 B.接受 C.发盘 D.询盘

42. 托收和信用证这两种支付方式使用的汇票都是商业汇票，都是通过银行收款 A.但是托收属于商业信用，信用证属于银行信用 B.但是托收属于银行信用，信用证属于商业信用 C.两者都属于商业信用 D.两者都属于银行信用

43. 在国际货物买卖中，（ ）是交易磋商中必不可少的法律步骤。 A．询盘和发盘 B. 发盘和还盘 C．发盘和接受 D. 询盘和接受 44. 我方公司星期一对外发盘，限星期五复到有效，客户于星期二回电还盘并邀 我电复。此时，国际市场价格上涨，故我未予答复。客户又于星期三来电表示接受我方公司星期一的发盘，在上述情况下（ ）。 A．接受有效 B. 接受无效 C．如我方未提出异议，则合同成立 D. 属于有条件的接受

45. 我方某出口公司于5月5日以电报对德商发盘，限8日复到有效。对方于7 日以电报发出接受通知，由于电信部门的延误，出口公司于11日才收到德商的接受通知，事后该出口公司亦未表态。此时，（ ）。 A．除非发盘人及时提出异议，该逾期接受仍具有接受效力。 B．该逾期接受丧失接受效力，合同未成立

C．只有发盘人好不延迟的表示接受，该逾期接受才具有接受效力，否则，合同未成立

D．由电信部门承担责任

46. 某公司向欧洲某客户出口一批食品，该公司于3月16日发盘，限3月20 日复到有效。3月18日接对方来电称：“你方16日电接受，希望在5月装船。”我方未提出异议，于是（ ）。

A．这笔交易达成 B. 需经该公司确认后交易才达成 C．属于还盘，交易未达成 D. 属于有条件接受，交易未达成 47. Under the FOB contract, the ( ) is to arrange insurance A. the seller B. the buyer C. the insurer D. the carrier 48. when the seller contracts for insurance, it is a(n) ( )contract A. CFR B. FAS C.FCA D. CIF

49. According to UCP 600, if there is no indication in the credit of the insurance coverage required, the amount of insurance coverage must be at least ( )of the CIF or CIP value of the goods.

A.110% B.100% C.10% D.130% 50. Unless the Credit stipulates, otherwise, ( ) A. Partial shipments and transshipments are allowed B. Partial shipments and transshipments are not allowed

C. Partial shipments are allowed, but transshipments are not allowed D. Partial shipments are not allowed, but transshipments are allowed

51. In international export practice, in case we conclude a FOB or CFR contract with the buyer, unless otherwise agreed, we must give the buyer notice that the goods have been delivered on board the vessel, so as to enable him to ( ) in time. A. arrange shipment B. cover insurance C. take delivery D. open L/C 52. The CIF contract is a typical “document transaction” or “( )”

A. dependent transaction B. physical delivery C. symbolic delivery D. arrival contract

53. The CIF contract is a typical “Shipment contract” and “( )” A. dependent transaction B. physical delivery C. symbolic delivery D. arrival contract

. If no expiry date for presentation of documents is stipulated in L/C, banks will not accept documents presented to them later than ( ) days after the date of shipment.

A.15 B.30 C.7 D.60

55. the shipping company makes a notation such as “Few carton bottom litter wet”, “Some carton little damaged” on the B/L, this B/L is a/an ( ) A. Clean B/L B. Order B/L C. Unclean B/L D. Shipped B/L 56. In foreign trade business, the trade terms CIF is often used, CIF is the abbreviation for ( )

A. cost, insurance and freight B. cost and freight C. commercial invoice D. consular invoice 二、计算题。

1. A trading company exports 10,000 units of arts and crafts which cost 300,000

Yuan (30 Yuan per unit), other domestic cost: 8000 RMB, expected profit: 10%, freight: 10 units/CTN, 1000 cartons, carton size: 255632, GW: 32KG , NW: 30KG, the freight to Europe is calculated by W/M as 120 Dollars per ton. The price of 40 containers to Europe: 3500 Dollars, insurance by 11% of the invoice value against all risks at the premium rate of 0.8%, foreign sales price: USD4.85/PC CIF London. Please calculate the export exchange cost . Solution：

Total Export Cost=300 000+8 000=308 000 Yuan

Premiums=CIF(1+10%)Premium rate=4.8510 000110%0.8%=426.80 Dollars Export Foreign Exchange Net Income：

USD4.8510 000-3500-426.8=44573.20Dollars

Export Exchange Cost=30800/44573.2=6.91 Yuan The means 6.91 Yuan per US dollar.

Tips: the foreign exchange rate of BOC is USD 1=7.61Yuan( Bid Price), every dollar that is gained earns 0.7 Yuan.

2. A trading company exports a number of umbrellas to UK, shipped in 20-feet

container, purchase price (Tax Price) charges 50 RMB each, value added tax rate: 17%, tax rebate rate:9%, fixed cost (domestic cost):5%, expected profit:10%, package cost:2,200 Dollars, 40 umbrellas each carton, carton size: 463826,G.W.:36kg,N.W.:20kg. The buyer requires insurance covered all risks, premium rate 0.6%, and the foreign exchange rate of BOC: 1Dollar = 6.57 Yuan. Commission rate: 3%. The company charges a 10% profit rate at the price of USD CIFc3 London.

Solution：

Actual Cost=Purchase Cost-Refund=50-50/(1+17%)*9%=46.15 Yuan. Domestic Cost=Purchase Cost*5%=50*5%=2.5Yuan

Overseas Freight: the volume of 20-feet container is 25 cubic meters, the number of packaged umbrellas:

25/(0.46*0.38*0.26)=550 cartons, 550*40=22 000 in total Freight for each raincoat: 2200*6.57/22000=0.66Yuan

CIFc3=[Actual Cost+ Domestic Cost+ Overseas Freight + Expected Profit (Price*10%)+Commissions (Price* 3%)+ Insurance of Shipping (Price* 110%*0.6%)]/6.57=[46.15+2.5+0.66]/[(1-3%-110%*0.6%-10%)*6.57]=8.73 USD

3. A trading company exports a number of commodities abroad, the original price:

2,000USD per metric ton CIFC3% London, the buyer require CIF5% London. Insurance coverage for the original premiums against all risks including war risks, the rates was 0.8 USD and 6%, in accordance with 110% CIF price, Please calculate CFRC5% London. Solution：

(1). CIF=2000*(1-3%)=2000*0.97=1940 USD (2). CFR=CIF-I

In that, I=1940*(1+10%)*(0.008+0.006)=1940*1.1*0.014=19.88 USD Then, CFR=1940-29.88=1910.12 USD Or, CFR=1940*[1-(1+10%)*(0.008+0.006)] =1940*(1-1.1*0.014)=1940*(1-0.01) =1940*0.9846 =1910.12 Dollars

(3). CFRC5%=1910.12/(1-5%)=1910.12/0.95=2010.65Dollars Therefore, CFRC5% London is 2010.65 Dollars.

4. A trading company exports 10,000 sports shoes. The purchase price (after tax) of

each shoe is 70 Yuan, the tax rebate rate is 11%, fixed cost of company: 5%, the price of export: 9.68 Dollars per pair CIF New York, freight: 4,350 Dollars, premiums: 1100 Dollars. Please calculate export exchange cost. Solution：

Export Exchange Cost

=[70-70/(1+17%)*11%+70*5%]/[9.68-4350/10000-1100/10000] =7.33Yuan

5. A UK client ordered 1000 traveling bags, requiring CIF5% Liverpool, other

conditions: domestic purchase cost of traveling bags is 50 Yuan per piece, other dominate cost is 5,000 Yuan; the expected profit rate is 10%. The bags are packaged in cartons, 20 per carton. Freight is 20 Dollars per carton from start port to Liverpool. Overseas shipping premium is defined as 0.8% by CIF, which adds 10% insurance against all risks and war risks. (P.S: Exchange rate of RMB against USD is 8:1.) Solution：

FOB=Purchase cost +domestic cost+ net profit

=(50+5000/1000)*110%=60.5RMB/bag=7.56USD/bag Freight(F)=20USD/20=1USD/bag CFR=FOB+F=7.56+1=8.56USD/bag

CIF=CFR/(1-110%*premium rate)=8.56/(1-110%*0.8%)=8.USD/bag CIFC3%=CIF price/(1-3%)=8./0.97=8.91USD/bag Therefore, CIFC3% is 8.91USD/bag.

6. A UK client ordered 10,000 jeans, requiring CIFc5 LONDON, premiums

covering all. Purchase cost 30 RMB per jean, logistics cost: 15,000 RMB, expected profit rate: 10%, foreign exchange rate of BOC: 1 USD = 7.61/7.RMB, commodity added-value tax rate: 17%, rebate tax rate: 13%, Please calculate the CIFc5 London the company should charge.

(P.S: 25 jeans each carton, carton size: 453625, G.W.35KG, N.W.32KG, freight from start harbor to London: 150 USD per ton, overseas shipping premium is defined as 0.8% by W/M, which covers all insurance.) Solution：

FOB(USD)={[30-30/(1+17%)*13%+15000/10000]*(1+10%)}/7.61 =[(26.67+1.5)*(1+10%)]/7.61 =4.07 USD

S.F.=M/W=0.45*0.36*0.25/0.035=0.0405/0.035>1, Light commodity F=0.45*0.36*0.25*150/25=0.24 USD CIF=CFR/[1-(1+plus insurance)*premium rate] =(4.07+0.24)/(1-110%*0.6%)=4.34 USD

Price with commission=Net Price/(1-commission rate)=4.34/(1-5%)=4.57 USD Therefore, the trading company should charge USD 4.57/PC CIFc5 London.

三、简答题

1. What are the similarities and differences among FOB, CFR and CIF?

FOB, CFR and CIF are classified into one group as they are alike in characters from the below 6 aspects:

1) They are used for port-to-port waterway transportation

2) Place of delivery of the seller is on board a ship in the export country 3) Risks are borne by the seller until the goods are on board the vessel. 4) Symbolic trade terms, or, documents instead of goods dealing is the core of

selling and buying

5) The risks are transferred to the buyer once the seller delivers the goods on board

the vessel.

6) Contracts signed under the 3 terms are referred to shipment contracts, in other

words, the seller is only responsible for punctual shipment and disregard when it arrives.

What are the similarities among FCA, CPT and CIP?

1) The above three trade terms are used when the exporter delivers the goods to the

carrier and share the following characters:

2) They are suitable for any means of transport including marine cargo

transportation.

3) Place of shipment is in the exporting country. 4) Risk is transferred at port of shipment

5) Deliver at shipping port in the exporting country.

6) Contracts signed as per these three rules are all shipping contracts.

2. What are the differences between FOB and FCA?

Free on Board …（ named port of shipment): The seller is responsible for shipping the contracted goods on board the ship dominated by the buyer at the port of shipment within specific period and bearing all costs and risks before the goods are on board the vessel.

Free Carrier (…..Named Place): The seller delivers the goods, cleared for export, to the carrier nominated by the buyer at the named place and the buyer concludes shipping contract on his own expense and notify the seller promptly.

FCA is similar with FOB and Place of delivery could be any place in the

exporting country. Free Carrier refers to the free carriers of the export country.

Comparison of FCA and FOB

Common points 相同点

The buyer is responsible for shipment and covering insurance and the contracted price does not include shipping charges or insurance premium

Port of loading is the place of delivery

Contracts under these two terms are shipment contracts but not sales contract

Differences 不同点

FOB is used in port-to-port marine shipment; FCA could be used in all means of transport including marine shipment

Places of delivery for FOB is on board the ship at port of loading; FCA is free carrier to a named place

Risks transfers when the goods are on board the vessel for FOB and when the goods are delivered to the carrier for FCA

FOB is a symbolic delivery trade term

Comparison of FOB and FAS

Common points相同点

Both are used in port-to-port ocean marine transport

The buyer arranges transport, covers insurance and bears shipping charges and insurance premium.

Differences不同点

FOB is used for symbolic delivery; FAS is used for physical delivery

Place of delivery for FOB is on board the ship and for FAS is alongside the ship

Risks transfer when the goods are on board the vessel for FOB and when the goods are alongside the ship for FAS

The seller is responsible for loading the goods for FOB and the seller is free from shipping charges for FAS

3. What are the differences between CIP and CIF?

Cost Insurance and Freight (….Named port of Destination): The seller is responsible for booking space and delivering the goods on board the vessel sailing for the destination in due time according to the contract and covering the risks and expenses during carriage. The risks of loss or damage to the goods pass when the goods are on board the vessel.

Carriage Insurance Paid to (…Named Place of Destination): The seller contracts for insurance and pay the insurance premium for the carriage of the goods in addition to whatever should be covered and the transfer of risk happens when the seller delivers the goods to the carrier he chooses.

Common points相同点

1. The contract price includes shipping charges and insurance premium and the seller arranges transport to port of destination and pay for related shipping charges and insurance premium.

2. Place of delivery is port of shipment in the exporting country. 3. Contracts under both terms are shipment contracts. Differences 不同点

1. CIF is typically used in symbolic delivery

2. CIF is especially suitable for ocean marine transport; CIP is used in

multi-modal transport

3. Place of deliver for CIF is on board the ship in port of shipment and for

CIP is to the carrier in the exporting country

4. Risks transfer when goods are on board the vessel for CIF and for CIP

risks transfer when the goods are delivered to the carrier

5. Insurance under CIF is purely ocean transport insurance; insurance under

CIP may not only involve transport insurance but also inland or airway insurance

4. What are the differences between DAP and DAT?

DAT Delivered at Terminal (…named terminal at port or place of destination) DAP Delivered at Place (insert named place of destination)

5. What is symbolic delivery?

Symbolic delivery refers to that the seller fulfills obligation on condition that the seller ships the goods on board the vessel as the contract stipulates at port of shipment within due time and delivers related entitled documents as stipulated on the contract. The risks are transferred when the goods are on board the vessel. The seller is liable for loading the goods in due time and has no guarantee for the arrival of goods. The core of Symbolic delivery is the buying and selling of related documents instead of physical goods, in other words, delivering the documents is delivering goods by the seller to the buyer. The seller delivers the goods against documents and the buyer pay for the goods against the documents. As long as the seller provides all sets of qualified documents in due time and even if the goods are damaged of lost during shipment, the buyer shall pay. Reversely, if the seller provides wrong documents and even if the goods are in good shape, the buyer may refuse to pay.

6. What are the characteristics of F group of trade terms? Similar as 2

7. What are the characteristics of C group of trade terms?

Comparison of CPT and CFR异同点

Common points相同点

1. In both terms, the seller is obliged to arrange transport to the destination

and bear related costs while the buyer covers insurance on himself. 2. Same delivery terms—Ship at port of shipment. 3. Contracts under both terms are shipment contracts Differences 不同点

1. CFR is used in port-to-port marine transport; CPT could be used in any

mode of transport including marine transport.

2. Place of delivery for CFR is on board the ship in port of shipment and

for CPT is in the exporting country to the carrier.

3. Risks under CFR are transferred when the goods are on board the vessel

in port of shipment in the exporting country and under CPT risks are passed when the goods are delivered to the carrier in the exporting country.

Comparison of CIF and CIP CIF与CIP的异同点

Common points相同点

1. The contract price includes shipping charges and insurance premium and the seller arranges transport to port of destination and pay for related shipping charges and insurance premium.

2. Place of delivery is port of shipment in the exporting country. 3. Contracts under both terms are shipment contracts.

Differences 不同点

1. CIF is typically used in symbolic delivery

2. CIF is especially suitable for ocean marine transport; CIP is used in

multi-modal transport

3. Place of deliver for CIF is on board the ship in port of shipment and for

CIP is to the carrier in the exporting country

4. Risks transfer when goods are on board the vessel for CIF and for CIP

risks transfer when the goods are delivered to the carrier

5. Insurance under CIF is purely ocean transport insurance; insurance under

CIP may not only involve transport insurance but also inland or airway insurance

8. What is more or less clause? 什么是溢短装条款？

The buyer and seller stipulate in a sales contract that the seller is allowed to deliver the goods within a certain percentage of more or less than the contracted quantity.

9. What is neutral packing? What is neutral packing with designated brand name? 什么是中性包装？什么是定牌中性包装？

Generally speaking, the packaging of commodity is marked with the country of origin and manufacturer. If the packaging of goods is marked with neither country of origin, name and address of the manufacturer nor trademarks or brand names, it is called neutral packing. There are two cases for neutral packing: neutral packing

with designated brand name and neutral packing without designated brand name. The so-called neutral packing with designated brand name is the package with only trademark or brand name, and without producing country or origin of goods. The purpose of using neutral packing is to break down the discriminatory tariffs and restrictions of some importing countries. It is also a flexible method adopted by some exporting countries to expand export.

What is the concept of shipping marks? What are the elements of a standard shipping mark?

运输标志的概念？一个标准的运输标志有哪些要素组成？

Shipping marks refer to the diagrams, words and figures which are written, printed and brushed on the outer package, with the function to identify the goods in the process of transporting, loading and unloading, storage, customs clearance and handover in international trade.

Composition of a Standard Shipping Mark Initials or abbreviations of the consignee's name 收货人的名称的英文缩写或简称

Reference number (contract number, order number, credit number) 参考号（合同号、订单号、信用证号） Destination目的港（地）

Number of package (piece number) 件数号码（件号）

10. What is sale by sample? Why exporters should strive for sale by seller’s sample for the sake of their own interests?

什么是凭样品买卖？为什么出口方要争取用凭卖方样品买卖较为有利？ The transaction that is concluded on the basis of the sample representing the quality of the whole lot can be called sale by sample.

11. What is counter sample? When a sale is made by buyer’s sample, how should the seller avoid risks?

什么是对等样品？如由买方提供的样品买卖，卖方如何避免风险？

12. Does sale by sample apply to all of the commodities? 是否所有的商品都可以做为凭样品买卖？

13. What issues should be concerned when a transaction is made by sample? 凭样品买卖要注意哪些问题？

14. What are the basic requirements for sale by sample? 凭样品买卖有哪些基本的要求？

15. What is the quality tolerance? What is quality latitude? What's the difference between the two?

什么是品质公差？什么是品质机动幅度？二者有何区别？

Quality tolerance is the tolerance that is recognized internationally such as manufactured goods like watch which is allowed a quality tolerance within 60 seconds per day.

Quality Latitude---in terms of bulk agricultural byproducts, metals and minerals

17. What are shipped bill of lading and received for shipment B/L?

18. What are clean B/L and received B/L?

19. What is order B/L?

20. What are the conditions of General Average？ 构成共同海损应具备哪些条件？

21. How can the insurance amount be determined under CIF term when the cargo is exported? What about the insurance premium？

按CIF条件出口的货物，其保险金额如何确定？保险费如何计算？

22. What is Export Foreign Exchange Net Income?

23. What is Export Exchange Cost?

24. What are the differences between the commercial bill and the banker’s bill?

25. Who are the involved parties in a bill of exchange?

26. Which one is the payer in the involved parties in B/E, promissory note and check?

27. the procedures of L/C payment.

To sum up, the procedures of L/C payment are as follows: 1) Concluding the contract with the L/C as the payment term 2) Applying for an L/C by the applicant to a bank

3) The opening bank delivering an L/C to the advising bank

4) The advising bank examining the L/C and transferring it to the seller 5) The seller presenting the documents for negotiation after shipment 6) The negotiating bank delivering the documents for reimbursement 7) The opening bank making payment to the negotiating bank

8) The opening bank notifies the buyer, and the buyer paying for documents.

28. Please explain the procedures of Documentary Collection

To sum up, the procedures of Documentary Collection payment are as follows: 1) The buyer and the seller conclude the sales contract, stipulating the payment is

made by the documentary collection with D/P at sight.

2) The exporter authorizes the local bank to effect the collection, submitting the full

set of shipping documents with draft to the remitting bank.

3) The remitting bank sends the draft and the shipping documents to the collecting

bank of the importer’s country together with the instructions received from the exporter.

4) The presenting bank makes presentation of the payment advice to the buyer. 5) The importer makes the payment and gets the documents.

6) The collecting bank informs the remitting bank and makes transfer of the

payment to the remitting bank.

7) The remitting bank credits the payment to the account of the exporter.

28.What is the offer? What are the necessary conditions for a valid offer?

四、案例分析题。

1. An exporter exports a batch of Christmas gifts to an English buyer with CIF

London and as the Christmas gifts are seasonal, they contract that the buyer shall open a credit with the seller before the end of September and the seller shall ship the goods to Hamburg not later than 5th December. Or else, the buyer has the right to cancel the contract and get refund from the seller. So is the amended contract still a CIF contract？ Why？

Analysis: the contract is not a CIF contract because:

（1）CIF contracts are shipment contracts, according to which the seller should ship the goods on board the nominated ship at port of destination within specified time and bear no risks or expenses during the shipment of the goods. In the above case, the seller shall ship the goods to Hamburg not later than 5th December Or else, the buyer has the right to cancel the contract. This substantially alters the character of shipment contracts.

（2）CIF is used for symbolic delivery in which the seller delivers the goods against documents while the buyer pays against documents. In the above case, the seller shall refund to the buyer if settlements have been made. This alters the characters of symbolic delivery.

In conclusion, contract in the above case is not a shipment contract any more.

2. An exporter in Beijing contracts with an English customer to export a lot of

goods. After negotiating the price, our exporter insists on FCA Beijing while the English customer insists on FOB Tianjin. Please explain the reasons.

Analysis:

(1) the seller insists on FCA Beijing as he fulfills obligation once he delivers the goods to the carrier in Beijing and risks are transferred to the buyer. However, if FOB Tianjin is adopted, the seller has to bear shipping charges and risks from Beijing to Tianjin.

(2)The seller shall get documents for negotiation after he delivers the goods to the carrier under FCA Beijing, however, the seller shall load the goods on board the ship to get documents for negotiation under FOB Tianjin.

In conclusion, the exporter insists on FCA Beijing while the English customer insists on FOB Tianjin.

3. Our importer imports a batch of goods under FOB term. When the goods are

being unloaded, a dozen of packages are found broken and soaked by seawater. After investigation, the goods are cast broken on deck and then soaked as the lift hooks get loosened.

Can our importer lodge a claim for the failure of the buyer to fulfill obligation of delivery？

Analysis:

Our importer has no right to lodge a claim to the buyer.

According to INCOTERMS 2010, risks transfer from the seller to the buyer when the goods are on board the vessel at port of shipment. In the above case, packages get broken after the goods are on board the vessel, as a consequence, costs and expenses are to be borne by the buyer himself.

4. Our exporter exports a batch of clothes to Europe under CIF. The contract

specifies that insurance is to be covered by the exporter against all risks with CICC and pay with credit. Our exporter ships the goods in nominated port of shipment within specified time and the shipping company signs bills of lading, and then our exporter negotiates with bank of china. The second day, our export are informed that the shipping vessel catches fire on the sea and all the clothes are burnt down. The buyer requires our exporter to lodge a claim with CICC, or else

to refund. Our exporter absolutely refuses this requirement and puts forward settlements, distinguishing both parties’ obligations and finally settles this case.

Analysis: according to INCOTERMS 2010, risks transfer to the buyer after the goods are on board the vessel. The goods are lost during shipment and are to be borne by the buyer. In addition, CIF is used for symbolic delivery in which document are presented against goods. Thus the buyer shall not refuse to pay once the seller presents right documents, even if the goods get lost or damaged during shipment. Hints:

(1) In CIF contracts, the seller fulfills obligation as long as he ships the goods within specified time and presents right documents including entitlement to the goods to the buyer. There is no need for the seller to ensure arrival of the goods. (2) In CIF contracts, the seller delivers the goods against the documents and the buyer pays against documents. As long as the seller presents whole set of documents stipulated by the contract in due time and even if the goods get lost or damaged during shipment, the buyer should pay.

5. A certain trade company of China exported a batch of cannabis to Germany. It is

specified in the contract that: moisture, 15% max; admixtures, 3% max. But we have sent the sample to the buyer before the transaction is concluded. We also telephoned the buyer that the delivered goods are similar to the sample after contracting. After the goods arriving in Germany, the buyer provided an inspection certificate stating that the quality of the goods is lower than that of the sample by 7%, and according to this, they also claimed for 600 pounds as the compensation against the losses.

Could we ignore the claim for the reason that the deal was not conducted based on sale by sample? Analysis:

In this case, it was a sale both by sample and by description, so that the seller

was in a very passive situation. If we can use one method to indicate the quality of goods, we do not adopt two. Originally, the delivered goods are up to standard, but it also required the quality should be equal to the sample, which leads to the breach of contract.

6. A certain trade company of China has exported several batches of wool textiles to

a country in the Middle 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 our products and it is difficult to put into the market, thus filing a claim for compensation. How to solve this problem?

Analysis:

(1) 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 importers have 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. (2) In the Article 82 of \"United Nations Convention on Contracts for the International Sale of Goodshe 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.

7. A Chinese export company exported apples to the abroad, both the contract and

credit stipulated that the apple should be Grade Three. But only when the seller made the shipment, they found the stock of third-grade apples run out, so the seller sent the second-grade apples instead and noted on the invoice that “Apples of Grade Two sold at price of Grade Three”.

Do you think whether it is appropriate for the exporter to replace v the inferior by the superior and keep the price fixed as before?

Analysis:

Selling superior as inferior is also regarded as a breach of contract. In this case, if the third-grade apples are in short supply, we should ask the buyer for advice to choose substitutes, otherwise, it still constitutes a breach of contract. If the market is in the poor situation, the other party can reject the goods and claim for compensation.

8. A certain trade company of China exported 1000 fans to America. Partial

shipments are not allowed according to the credit. However, when the seller made the shipment, he found 40 fans with broken package, some of the fan covers deformed and some switches off. The replacement was already too late. To ensure the quality of the goods, the shipper regarded that, according to “UCP400”, even if partial shipments are not allowed, there is a tolerance of 5% of the quantity. He thought 40 fans were within the range of 5% of the whole quantity, so he shipped 960 fans actually. When the seller went to the bank with the documents for negotiating, the bank refused to negotiate. What is the reason?

Analysis:

As stipulated in the “UCP 600”, if the numbers or items of goods can be accounted accurately, the more or less clause is not applicable. In this case, fan is just this kind of commodity, so it does not apply to the 5% more or less clause. The documents with an amount of 960 fans the exporter submitted were not in conformity with credit, so the bank had the right to refuse the payment.

9. A certain trade company of China exported chemical raw materials. The total

quantity is 500 metric tons. Both the contract and the credit stipulated the goods should be packaged in gunny bags. But when shipping the goods for delivery, the exporter found the quantity of goods packaged in gunny bags is only 450 metric tons, and then packaged the remaining 50 metric tons of goods in plastic bags instead.

Are there any problems in doing like this?

Analysis:

The packing clause is a component part of the quality clause. The quality is an essential term of the contact, so is the packing clause. In this case, the exporter changed the package without approval, which will lead to the breach of the quality clause and a serious consequence. The buyer was entitled with the right to reject the goods and claim for compensation.

10. A Chinese foreign trade exporter contracted with a Canadian importer to export

1000 pairs of sneakers in CIF terms, time of shipment is between July to August in the contract and letters of credit, 5000 pairs of sneakers each month, and transshipment is allowed. Our exporter loaded 5000 pairs of sneakers on board the ship “Wuyi” on 31st, July and got bill of lading for July, and loaded the rest of sneakers on board the ship “Triumph” on 10th, August and got bill of lading for August. Both ships transshipped in and both lots of goods are transported to the final destination by “Noble” of Maersk INC. Questions: Was it transshipment? Why? Could the seller safely get financed? Why?

Analysis: (1) it is transshipment. According to UCP600:”transshipement means unloading form one means of conveyance and reloading to another means of conveyance (whether or not in different modes of transport) during the carriage from the place of dispatch, taking in charge or shipment to the place of final destination stated in the credit.” While in this case, the goods were shipped by “Wuyi” on 31st, July and shipped by “Triumph” on 15th, August. Both ships were totally different, so it was transshipment. (2) The seller could safely get payment for goods as a result of conformity with the letter of credit clauses.

11. A Chinese foreign trade exporter exported 30000 boxes of goods, contracting to

ship the goods in each lot during March to August, 5000 boxes each month, payment by confirmed irrevocable letter of credit. The customer duly sent letter of credit on which the total amount are in conformity with the contract, but the shipping clauses indicated “the latest date of shipment is 31st, August, by partial shipment.” Our exporter dispatched 5000boxes in March, 6000 boxes in April, 10000 boxes in May and 9000 boxes in June. The customer raised an objection to this.

Are we right to do this? Why?

Analysis: in order to get payment in due time, we were supposed to do this. As credit is independent of the contract and once the credit and the relating documents are in conformity, the exporter can get payment. The Letter of credit generally indicate that” the latest date of shipment is 31st, August, in partial shipments.” So our exporter was right, but in case of trouble in the following days, we shall adopt partial shipment in equal lots, which is corresponding to the contact and letter of credit.

12. A Chinese exporter exported 1000 tons of tungsten ore. The letter of credit

stipulated “partial shipment is not allowed”. Later, the exporter loaded 500 tons each on the same ship on the same voyage number in Fuzhou and Xiamen. And the bill of lading also indicated different port of loading and date of shipment. Does this act beak the rule？

Analysis: according to UCP600 section B,” shipment commencing on the same means of conveyance and for the same journey, provided they indicate the same destination, will not be regarded as covering a partial shipment, even if they indicate different dates of shipment or different ports of loading, places of taking in charge of dispatch.” Thus, it didn’t break the clauses and the bank shall not refuse to pay.

13. Our exporter exported a batch of timber handicraft to Spain in CIF prices. The

contract and letter of credit stipulated that shipment during may/June. However, we had difficulty chartering a vessel, and adopted partial shipment in two to three lots.

In this case did we break the stipulations of letter of credit?

Analysis:

So long as we ship all the goods during May to June, the letter of credit has not to be amended. According to UCP600 Section 31A,”unless there are other stipulations, transshipment and partial shipment is allowed”.

14. Our exporter exported a load of cargo to a Middle-East country under CIF terms

and covered WPA in addition to TPND, but the vessel was detained as a result of the Iran-Iraq war. The importer lodged a claim to the insurance company. Can the importer be compensated?

Analysis:

TPND refers to the cargo being stolen partially or totally and leads to non-delivery by the consignee at destination. From this instance, it does not belong to the above case, so the insurance company shall not compensate.

15. Our exporter exported 1,000 bales of gray cloth to Australia, covering WPA 100

bales were wetted as a result of leakage of the pipe during transit. Should the insurance company make indemnities?

Analysis:

The insurance company is not liable unless fresh water rain damage was covered.

16. A vessel collapsed with flowing icebergs on the sea and a crack was founded on

one side of the vessel. Sea water flooded in and part of the cargo was wet. The captain had to call at the nearest port to drain off water and afterwards threw off some bulky goods into the sea to make the vessel floating. Which part belongs to general average and which belongs to particular average?

Analysis:

Particular Average: crack of the vessel and part of the cargo undergone soaking. General Average: the vessel shipped to the nearest port and the losses thereafter.

17. A vessel with compartment 1 and compartment 2 caught a fire during the trip and

compartment 1 was on fire. However, the captain mistakenly thought both compartments were on fire and ordered the crew to put out the fire with water cannons.

Losses are: (1) the main engine was damaged; (2) two lots of goods in compartment 1, one lot was burned down partially and the other was water logging. Which belongs to particular average and which belongs to general average?

Analysis:

Particular Average: the main engine was damaged and one lot was burned down partially.

General Average: the other lot was water logging.

18. An importer imported a batch of china, in case of collision and breakage,

covering all risks additional with risk of clash and breakage. Is this right?

Analysis:

It is wrong, all risks include risk of clash and breakage. So risk of clash and breakage is redundant.

19. Our exporter imported a batch of cargo from abroad under CFR shanghai,

covering WPA with PICC according to shipping advice provided by the seller. Then our exporter advised the carrier to unload the goods at Huang pu port as a result of the alter of the domestic user. However, during the trip from Huang pu to Nan jing, the train caught a mountain torrent so that the cargo was damaged partially. Our exporter claimed compensations to the insurance company and was refused. Is the insurance company justified to disclaim the indemnity? And please

explain the reasons. Analysis:

The insurance company shall disclaim compensations according to W/W clauses, that is ,when the cargo is transshipped, the liability of insurance company ends.

20. A Chinese exporter received one set of irrevocable L/C from abroad with the

China branch of a foreign bank as the advising bank and confirming bank. After the shipment, at the time that the exporter was to present the shipment documents to the bank for negotiation, the exporter was suddenly notified by the foreign bank that the bank would not accept the negotiation of the documents and make payment since the issuing bank has declared bank corruption, but the foreign bank agreed to make collection against the buyer with the nomination of the exporter. What do you think of it? Please give an exploration in brief.

21. A Chinese exporter reached a contract with a UK buyer about some commodities

in a large quantity in terms of CIF and irrevocable sight L/C payment, stipulating the shipment shall be effected in November in the contract, but no specific L/C issuing date mentioned therein. Later, the UK buyer delayed the issuance of L/C because of the decrease of market price of the commodity. To avoid the delay of the shipment, the exporter had urged the buyer to issue L/C for many times since the middle of OCT., the buyer finally issued the L/C up to 8th Nov. However, it is too late for the exporter to arrange for the shipment as scheduled, who therefore required the buyer to extend the shipment time and the L/C negotiation expiry date for one more month. The UK buyer refused the requirement, and cancelled the contract unilaterally excusing that the exporter failed to effect shipment on time. The exporter did nothing but accepted it. Please make analysis and comment about it: Had the exporter settled the matter in a proper way? And what lessons we shall learn from it?

22. An exporter makes an offer to a Japanese client in terms of payment by D/P at

sight, and the client’s reply is that the offer is acceptable in terms of the payment by D/P in sight of 90 days and collection by Bank A nominated by the client. Please make an analysis of the reason why the Japanese client brings about the requirement.

23. In a business talk between a Chinese exporter and a HK buyer in a trade fair

about the export of sneakers, the HK buyer claimed that the import quota is needed as the final destination of goods is USA, while the expiry time of the quota owned by the buyer is at the end of June, so the shipment must be made by the end of June otherwise the HK buyer has to take responsibility of contract breach. As the term of the contract, the exporter was required to pay USD300000 as a guaranty deposit, and the client promised to issue an irrevocable L/C from a well-known HK bank. The exporter overlooked the clause saying” one shipment approval certificate signed by the L/C applicant must be presented with shipment documents” in the credit when it received the L/C. When the exporter made presentation of shipment documents to the bank, the exporter was aware of the term and required the HK buyer to cancel the clause or issue the concerning certificate, but the HK buyer always put off it. At last, the exporter couldn’t make presentation and lost the deposit. Please make an explanation what we can learn from the case.

24. As an exporter , we cable an American businessman to export agricultural

products. Beside the necessary items stated in the offer , the clause Packing in Sound bags is also added in. During the validity of the offer , the American businessman replies Refer to your telex first accepted Packing in new bags When we receive the above reply ,we are ready for shipment. The international market price for the agricultural products tumbled a few days ago. The American businessman replies that the contract does not established because we did not confirm when they changed the packing condition. We insists that the contract has been established. So the parties occur this argument . How to handle this

case?

Appendix: Incoterms® 2010 Rules

Chin-eTrade Full name terms name Ex Delivered All Works …nto the buyer se delivery transfer Freight premium Insur- Place of Risks Foreign ance Export Duty Import Duty Means of trans-port E EXW Ex Works 工厂交货 amed place Free buyer buyer buyer buyer modes 货交Free carrier … Delivered All to the named carrier place F FCA Carrier 承运人 buyer buyer Seller buyer modes 装运Free Alongside ship in port of shipment Alongside Sea and the ship 港船FAS Alongside 边交Ship buyer in port of shipment buyer Seller buyer inland waterway 货 装运Delivered Free on Sea and 港船上交货 成本On board on board FOB Board buyer Buyer Seller Buyer inland waterway the ship the vessel Delivered On board on board the ship the vessel Sea and Cost and CFR Freight 加运费 成本Cost, Seller Buyer Seller Buyer inland waterway Delivered Sea and CIF 加保Insurance On board on board 险费,and Freight Seller Seller Seller Buyer inland waterway the ship the vessel 运费 C Carriage To the 运费付至 carrier in export country To the All CPT Paid To Seller carrier Buyer Seller Buyer modes Carriage and 运费,保险费付至 To the carrier in export country To the All CIP Insurance Paid To Seller carrier Seller Seller Buyer modes To deliver at Delivered Delivered at terminal All 运输终端交货 named terminal at port or place of destination D DAT At Terminal at port or Seller place of destination Seller Seller Buyer modes To 目的Delivered DAP At Place Delivered to Sea and deliver at place of destination 地交货 buyer at place of destination Delivered to buyer at Seller Seller Seller Buyer inland waterway To 完税Delivered DDP Duty Paid deliver at named place of destination All 后交货 named place of destination Seller Seller Seller Seller modes