question

Question 1

what are 5 steps in negotiating delivery?

Answer 1

• timing - location - transport - risk title and insurance - terms of trade

Question 2

when must delivery take place?

Answer 2

• the date of dispatch from the factory - the date of loading onto ship - the date when the goods arrive at the destination

Question 3

how to fix the date of delivery? (gap fill)

• the date of delivery may be a simple ___ date.
• if approvals or certificates are required, the contract may have two starting dates: the date of ___ and the date of ___ into force; delivery is fixed for a number of days after coming into force.
• if the contract has not come into force by a certain date – no delivery.

Answer 3

• CALENDAR
• SIGNATURE
  COMING

Question 4

typical clause: COMING INTO FORCE:

Answer 4

• this agreement shall come into force after execution by both parties on the date of the last necessary approval by the competent authorities in the country of the seller and the buyer. - if the contract has not come into force within ninety days of execution, it shall become null and void. - the date of delivery shall be twenty-eight days after the date of coming into force of the contract. - time is and shall be of the essence of this contract.

Question 5

place of delivery: what is place of deliver?

Answer 5

• when the goods are HANDED OVER to the carrier - when the goods are OFF LOADED in the buyer’s country - when the goods are SHIPPED ON BOARD in the exporter’s country - when the goods ARRIVE at the buyer’s warehouse.

Question 6

Transport to?

Answer 6

To introduce the key transport issues affecting the “main” export contract. To stress the importance of correct, clean shipping documents in all transaction involving a letter of credit.

Question 7

Risk, Title and Insurance to?

Answer 7

To distinguish between risk and title To suggest that retention of title is not always of particular advantage to the seller. To note that responsibility to insure generally lies with the party who is at risk.

Question 8

In what conditions are good considered to conform to the contract?

Answer 8

• To avoid misunderstanding, the parties often regulate the matter

Question 9

What is marking concerned with? What will happen if packaging or marking are incorrect?

Answer 9

• Identifying the goods - Handling the goods - Government regulation - If packing or marking are incorrect, payment under a L/C will be delayed.

Question 10

lifting position mean?

Answer 10

vị trí nâng hàng

Question 11

letter of credit number mean?

Answer 11

Số tín dụng thư

Question 12

right side up mean?

Answer 12

nhấc hàng theo phương thẳng đứng.

Question 13

What are the five main Waybills (or Bills of Lading)

Answer 13

• Marine, Air, Rail, Road, Combined.

Question 14

When is a Marine Bill of Lading as Negotiable instrument?

Answer 14

In consignee box “ To order”

Question 15

What is differences between Clean and Claused Bills of Lading

Answer 15

Clean: no problem with appearance of the goods
Claused: problem with appearance of the goods
“Claused” : any apparent defects are noted on the way bill as “claused”
When the carrier accept the goods, he examines the packaging.

Question 16

What will happen if a waybill bearing such clauses is not “clean”?

Answer 16

The bank may not accept it for payment under L/C.

Question 17

Goods chafer/torn/deformed: mean?

Answer 17

biến dạng

Question 18

Packaging damaged/ contents exposed mean?

Answer 18

lộ hàng

Question 19

insufficient packaging: mean

Answer 19

bao bì đóng không đủ.

Question 20

Define risk and title?

Answer 20

Risk of loss of or damage to the goods or risk of the goods injuring 3rd party.

Question 21

Transfer risk and title?

Answer 21

Under incoterms, delivery is defined as the point at which risk pass from S to B, Some S try to retain the ownership of the goods until the B paid for them in full.

Question 22

A clause securing retention of title might run:

Answer 22

1. Property, legal or beneficial in any goods supplied by the seller shall pass to the buyer only when the seller has received full payment for all sums then owed by the buyer to the seller.
2. Goods in respect of which property has remained with the seller shall be kept identifiable as those of the seller, and the buyer shall at its own expense immediately return such goods to the seller, or permit the seller to enter into the buyer’s premises to collect such goods should the seller so request.

Question 23

Name the main kinds of insurance policies? Make the differences among them?

Answer 23

-Floating policy; open cover; valued policy; unvalued policy; time policy; voyage policy.
Some feature of liquidity damages: The sum is fixed in advance with the agreement of the parties related; The sum is fair; the objective is to compensate; there is always a maximum for the sum.