Chapter 7: Delivery of Goods
商品的交付
Delivery of Goods
A. definition of the delivery
B. Delivery clauses
C. Marine transportation
D. Shipping documents
Refers to the act of the seller transferring the title to the goods (货权) to the buyer in accordance with the stipulations in the contract.
Symbolic delivery or Constructive delivery 象征性交货或推定交货
Physical delivery or Actual delivery 实际交货
A. definition of the delivery
Symbolic delivery or Constructive delivery 象征性交货或推定交货
after the seller loads the goods on board the vessel or delivered the goods to the custody of the carrier, the seller is said to have finished delivery of the goods. It is unnecessary for the seller to guarantee the goods to be received by the buyer actually. (FOB,CIF,CFR,FCA,CIP,CPT,FAS)
Physical delivery or Actual delivery 实际交货
the seller delivers the goods into the actual possession of the buyer, for example, delivery of the goods under EXW,DAT,DAP, DDP trade terms.
Delivery Conditions 装运条件(条款)
Time of shipment
Port of shipment and port of destination
3. partial shipment and transshipment
Time of Shipment 交货时间
Difference between “Time of delivery” and “Time of shipment”(装运时间)
Under FOB,CIF,CFR,FCA,CIP,CPT,FAS, EXW, trade terms, Time of delivery = Time of shipment
Under DAT,DAP, DDP trade terms,
Time of delivery ≠ Time of shipment
Ways of Stipulating the Time of shipment :
Stipulate the definite time of shipment
*Example: Shipment on or before Sept. 15th,
*Shipment , 2007,with partial
shipments and transshipment allowed.
*During Mar./Apr. in two equal monthly shipments
*Shipment during May/June sellers
shall advise the Buyers 45 days before the goods
will be ready for shipment. Partial shipments and
transshipment allowed.
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