第一篇货物买卖法lec10履约原则.pptx

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本周讲课内容
2- 海上货物运输保险条款&国际贸易保险法
2- 支付条款& 国际贸易支付方式
2- 商检条款& 进出口商品检验检疫管理制度
2- 不可抗力条款
2- 仲裁条款& 国际商事仲裁协议
2-7 国际销售示范合同
2-8 国际货物买卖的其他方式和比较
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2- 商检条款& 进出口商品检验检疫管理制度
The typical clauses for inspection clause
Example 1
“It is mutually agreed that the Certificate of Quality and Weight (quantity) issued by XX at the port of shipment shall be part of shipments to be presented for negotiation under the relevant L/C.
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The Buyer shall have the right to re-inspect the quality and weight (quantity) of the cargo at the destination. The re-inspection fee shall be borne by the buyer.
Should the quality and weight (quantity) be found not in conformity with the contract, the Buyer is entitled to lodge with the Seller a claim, which ,however, should be supported by survey report issued by a authentic surveyor recognized by the both parties.
The claim, if any, shall be lodged within XX days after arrival of the goods at the port of destination. ”
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Comment on this clause
This clause covers the necessary elements for inspection:
-Well balanced allocation of rights and duties
As the seller has the right to present the certificate for negotiation while the buyer has the right to re-inspect
-The re-inspection result is subject to survey report issued by a recognized surveyor approved by the seller ;
-it includes who , when and where to inspect ;
and the inspect fees;
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However, it still leaves some other issues in controversy
-the standard of inspection ?;
-The method of inspection?;
-The resolution to the discrepancy of quality and quantity between the shipping documents issued by the seller and surveyor report ?;
- the resolution to the situation if both parties can not consensus on the surveyor ?.
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The typical clauses for inspection clause
Example 2

Discrepancy and claim clause
“It is mutually agreed that the Certificate of Quality and Quantity/Weight issued by the Manufacture