天津科技大学：国际贸易务实（双语）_Chapter 6 Inspection, Claim,Force Majeure and（狄琳娜）

Chapter 6 Inspection, Claim, Force Majeure and Arbitration ⑥灭串御技大等 Tianjin University of Science Technology

Chapter 6 Inspection, Claim,Force Majeure and Arbitration

∠ earning objectie 1To learn the three ways of stipulating the place and time of inspection in the contract 2 To understand the liabilities of breach of contract 4 3. To learn the ways of stipulating the claim clause in the contract 授二 44.To learn the consequences of force majeure 课◆5 To understand the concept of arbitration 教 师◆6. To learn the importance and contents of 秋二 arbitration agreement( 大本叫技去 娜三 Tianjin University of Science Technology

授 课 教 师 狄 琳 娜 Learning Objectives  1.To learn the three ways of stipulating the place and time of inspection in the contract  2.To understand the liabilities of breach of contract  3.To learn the ways of stipulating the claim clause in the contract  4.To learn the consequences of force majeure  5.To understand the concept of arbitration  6.To learn the importance and contents of arbitration agreement( or clause)

Section 1 Commodity opeation 1. 1 Importance of commodity inspection 4 1.2 Time and places of inspection ◆1.3 Inspection body 1.4 Inspection standards 4 1.5 An example of inspection clause in contract 授二 课二 教师 秋二 ⑥灭串科技盖部 娜三

授 课 教 师 狄 琳 娜 Section 1 Commodity Inspection  1.1 Importance of commodity inspection  1.2 Time and places of inspection  1.3 Inspection body  1.4 Inspection standards  1.5 An example of inspection clause in contract

1. 77pontance of commodity ispection Inin ternational trade, the quali and quantity of the goods delivered by the seller should be in conformity with the terms of the contract and should be packed in the manner required by the contract. In this sense, inspection are necessary 一接 steps in the transfer of the goods 课二 教师 秋二 ⑥灭串科技盖部 娜三

授 课 教 师 狄 琳 娜 1.1 Importance of commodity inspection  In in ternational trade, the quality and quantity of the goods delivered by the seller should be in conformity with the terms of the contract and should be packed in the manner required by the contract. In this sense, inspection are necessary steps in the transfer of the goods

Delivery of goods > Receipt of goods >Inspection of goods Acceptance of goods(Or Rejection of goods) ◆ Notice of acceptance ◆ Notice of clain 授二 课◆ Notice of rejection 教 师三 秋二 ⑥天串普花潘而 娜三

授 课 教 师 狄 琳 娜  Delivery of goods Receipt of goods Inspection of goods Acceptance of goods (Or Rejection of goods)  Notice of acceptance  Notice of claim  Notice of rejection

4(1) Provisions in the CIsG CISG provides that except where the parties have agreed otherwise the buyer has the right to inspect the goods And the time and place of inspection have been stipulated in detail. CISG Article 38 states 4 a. The buyer must examine the goods or cause them to te be examined, within as short a period as is practicable in 课 the circumstances 教 师◆ b If the he contract involves carriage of the goods examination may be deferred until after the goods have k arrived at their destination 天库斜技等 娜三 lianjin University of Science Technolog

授 课 教 师 狄 琳 娜 1.2 Time and places of inspection  (1).Provisions in the CISG CISG provides that except where the parties have agreed otherwise, the buyer has the right to inspect the goods.And the time and place of inspection have been stipulated in detail. CISG Article 38 states:  a.The buyer must examine the goods, or cause them to be examined,within as short a period as is practicable in the circumstances.  b.If the contract involves carriage of the goods, examination may be deferred until after the goods have arrived at their destination

couueow u the elsa 4 If the goods are redirected in transit or re dispatched by the buyer without a reasonable opportunity for examination by him and at the time of the conclusion of the contract the seller knew or ought to have known of the possibility of such redirection or re-dispatch examination may be deferred until after the 教 if goods have arrived at the new destination 秋二 ⑥天串科技大潘晶 娜三

授 课 教 师 狄 琳 娜 (1) Provisions in the CISG  If the goods are redirected in transit or re- dispatched by the buyer without a reasonable opportunity for examination by him and at the time of the conclusion of the contract the seller knew or ought to have known of the possibility of such redirection or re-dispatch, examination may be deferred until after the goods have arrived at the new destination

(2) Tree uae of otieulatig the place and time a Shipping quality and weight This means that inspection at the seller 's factory or at the port of shipment is final. Buyer can re-inspect the goods at the port of destination, but normally he cannot claim for compensation. Thus it is favorable to the seller b Landed quality and weight This means inspection carried out at the port of 课二 destination is final. This arrangement is favorable to the 教师 uyer 秋二 ⑥灭串科技盖部 娜三

授 课 教 师 狄 琳 娜 (2) Three ways of stipulating the place and time of inspection in the contract.  a.Shipping quality and weight This means that inspection at the seller’s factory or at the port of shipment is final.Buyer can re-inspect the goods at the port of destination, but normally he cannot claim for compensation. Thus it is favorable to the seller.  b.Landed quality and weight This means inspection carried out at the port of destination is final.This arrangement is favorable to the buyer

.c Inspection at the port of shipment and re- inspection at the port of destination It means after inspection at the port of shipment, the buyer retains the right to re 授二 inspect and claim for compensation. Thus it is ig favorable to the seller 教师 秋二 ⑥天串普花潘而 娜三

授 课 教 师 狄 琳 娜  c.Inspection at the port of shipment and re￾inspection at the port of destination. It means after inspection at the port of shipment, the buyer retains the right to re￾inspect and claim for compensation.Thus it is favorable to the seller

1. 37uohection lady There are mainly two types of inspection body: governmental and non-governmental. The governmental inspection body such as the Food and Drugs Administration (FDa)in the USA specialize in inspection of particular merchandise (grain, drug, etc. ) The international inspection of commodity is mainly undertaken by nongovernmetal bodies which have the s same legal status as notary organizations. The notable bodies ii are Societe General De Surveillance S.A.( SGS)in 教 up Geneva, Swiss, Underwriters Laboratory(UL)in the *k USA, Lloyd Surveyor, B V in Britain and Japan Marine 牌SuM花大

授 课 教 师 狄 琳 娜 1.3 Inspection body  There are mainly two types of inspection body: governmental and non-governmental. The governmental inspection body such as the Food and Drugs Administration(FDA) in the USA specialize in inspection of particular merchandise (grain,drug,etc.).The international inspection of commodity is mainly undertaken by nongovernmetal bodies which have the same legal status as notary organizations.The notable bodies are Societe General De Surveillance S.A. ( SGS) in Geneva, Swiss, Underwriters Laboratory(UL) in the USA, Lloyd Surveyor, B.V. in Britain and Japan Marine Surveyor & Sworn Measurer’s Association