国际贸易实务习题集（推荐）_国际贸易实务习题一

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习题集

山东工商学院中加学院

国际贸易教研室

国际贸易实务（双语）

国际贸易实务（双语）综合习题集

Part I: Multiple Choices(Choose the Best Answer for Each of the Following Questions)

1.The one who buy insurance is called()A.an insurance company

C.the insured

B.a broker

D.an insurer 2.What is the name given to the sum of money which a person agrees to pay to an insurance company? A.compensation

C.investment

B.premium

3.An insurance agreement is called an()? A.insurance policy

C.insurance cover

B.insurance contract

D.insurance document D.commiion 4.Under FOB contract, the()is to arrange insurance.A.seller

C.buyer

B.insurer

D.carrier 5.When the seller contracts for insurance, it is a(n)()contract.A.CFR

C.FAS

B.FCA

6.The one who lodges a claim is known as an().A.insurer

C.insurance broker

B.the insured

D.claimant D.CIF 7.()does not have the normally accepted meaning, but means lo in the insurance busine.A.Partial lo

C.Coverage

B.Total lo

D.Average8.()is the broadest kind of coverage but does not include all risks.A.Free of Particular Average

C.With particular Average

B.All Risks 9.Risk of breakage is considered to be the()A.Free of Particular Average

C.General additional risks

B.With Average

D.Special additional risks D.TPND 10.The person to whom the goods are shipped is called _______.A.the consignor

C.the shipper

B.the consignee

D.the manufacturer 11.As Swedish arbitrators often are()lawyers, the arbitrators’ fees are usually in line with those of lawyers.A.practice

C.practising

B.practise

D.practised 12.The Institute may also decide to discharge an arbitrator on the()of any lawful excuse or failure to perform his duties in an adequate manner.A.basis

C.excuse

B.reason

D.ground 13.If the institute has requested a party to perform any act within a()time, such time limit may be extended by the Institute.A.specified

C.specifying

B.specify

D.limited14.If an arbitrator is replaced in the course of the proceedings, the newly()tribunal shall decide whether and to what extent a prior oral hearing shall be repeated.A.comprised

C.consisted

B.composed

D.built 15.The arbitrators are()to receive remuneration for their work in accordance with the principles stated above and, in addition, to receive reimbursement of their expenses.A.entitled

C.subject

B.qualified

D.required 16.The international uniform customs practice in written for documentary collection is().A.UCP600

C.Incoterm2000

B.ISP98 17.The payer of promiory note is the().A.drawer

C.payee

B.drawee 18.（）needn’t draft generally.A.Open Negotiation L/C

C.Deferred payment L/C

B.Sight Payment L/C 19.The Opening Banks of L/C deal with（）.A.services

B.goods

C.documents

D.performance to which the documents may relate 20.According to UCP600, 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.10%

D.Restricted Negotiation L/C D.creditor D.URC522 2 C.100%

D.130%

21.If the cargoes are not discharged from the ship or lighter, then the time of insurance duty under war risks shall be limited to()days counting from the midnight of the day when the veel arrives at the port of destination.A.15 days

C.60 days

B.30 days

22.WPA is（）in Chinese.A.平安险

C.一切险

B.水渍险

D.战争险 D.2 years 23.The Ad.V.standard for liner freight is calculated on the basis of().A.CIF price

C.CFR price

B.FCA price

24.Unle the Credit stipulates otherwise,().A.Partial shipments and tranhipments are allowed B.Partial shipments and tranhipments are not allowed C.tranhipments are not allowed, but Partial shipments are allowed D.tranhipments are allowed, but Partial shipments are not allowed 25.The net weight and G.W for some goods is 28kgs per piece and 30kgs respectively.Its measurement is 45CMX35CMX22CM per piece.If the calculation standard for liner’s freight tariff is W/M10, the shipping company will calculate the freight（）

A.on the basis of net weight

C.on the basis of measurement

B.at the shipper’s option

26.The most frequently used pricing methods is()A.fixed pricing

C.Partial fixed price and partial unfixed price

B.flexible pricing

D.Floating pricing).D.at the carrier’s option D.FOB price 27.In international export practice, in case we conclude a FOB or CFR contract with the buyer abroad, unle otherwise agreed, we must give the buyer notice that the goods have been delivered on board the veel, so as to enable him to()in time.A.arrange shipment

C.take delivery

B.cover insurance

D.open L/C 28.The CIF contract is a typical “document transaction” or “()”.A.dependent transaction

C.symbolic delivery

B.physical delivery

D.arrival contract 29.The variations of CFR involve only the problem of who is to pay()charges, with nothing to do with the place of delivery or the place of risk separation.A.loading

B.demurrageC.freight

D.unloading

30.In INCOTERMS 2000, under()trade term, the customs declaration for import is the responsibility of seller.A.EXW

C.CIF

B.DDP

D.FOB 31.Which of the following expreions to quality is right and proper?()A.Chinese Groundnut, Moisture 13%, Admixture 5%, Oil content 44%.B.Cloth Doll Sample No.123, quality to be completely equal to the sample.C.Tetracycline HCL Tablets, Sugar Coated, 250mg, B.P.D.grey duck's down, duck's down content 18%(1% more or 2% le)“.32.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

C.7

B.21

D.60 33.In Credit operations all parties concerned deal with().A.goods

B.services

C.documents

D.other performances to which the documents may relate 34.If the cargoes are not discharged from the ship or lighter, then the time of insurance duty under war risks shall be limited to()days counting from the midnight of the day when the veel arrives at the port of destination.A.15 days

C.60 days

B.30 days

D.2 years 35.Under ICC, the insurer will bear the maximum responsibility if ICC()is adopted.A.A

C.C

B.B

D.Malicious risks 36.The net weight and G.W.for some goods is 30kgs per piece and 34kgs respectively.Its measurement is 45CMX35CMX20CM per piece.If the calculation standard for liner’s freight tariff is W/M10, the shipping company will calculate the freight（）

A.on the basis of net weight

C.on the basis of measurement

B.on the basis of gro weight

D.at the carrier’s option

37.As for the(), the charter will employ the master and take charge of the deployment and management of the ship.A.Voyage Charter

C.Bare-boat Charter

B.Time Charter

D.Liner 38.The Ad.V.standard for liner freight is calculated on the basis of().4 A.CIF price

C.CFR price

B.FCA price

little damaged” on the B/L.This B/L is a/an().A.Clean B/L

C.To order B/L

B.Unclean B/L

D.Shipped B/L D.FOB price 39.The shipping company makes a notation such as “Few carton bottom little wet”、“Some carton 40.When a company negotiates payment through bank, which kind of B/L will the bank accept?().A.Clean on board B/L

C.Unclean B/L

B.Received for shipment B/L 41.COD is the abbreviation of().A.Cash of Delivery

C.Cash of Document

B.Cash on Delivery

D.Cash on Document D.Ante-dated B/L42.It should be streed that the scope of INCOTERMS is limited to matters relating to the rights and obligations of the parties to the S/C with respect to the delivery of goods sold in the sense of,()A.“merchantable”

C.“tangible” such as stationary

B.“negotiable”

D.“intangible” such as software

43.If the parties to a sales contract do not in advance agree upon whether the quantity of goods is determined by gro weight or net weight, it will be determined by().A.gro weight or net weight

C.tare weight

B.net weight

D.gro weight 44.According to the CISG, if the quantity delivered by the seller is greater than of the contract, the buyer can refuse().A.all the goods

C.the quantity stipulated in S/C

B.the exce part of the whole quantity

D.the quantity stipulated in L/C 45.Suppose you are an export and your busine place is in China, which one of the following quotation is correct?()A.USD150 PER BALE FOB NEW YORK

B.$200 FOB SHANGHAI C.EURO500 PER SETS DEQ VANCOUVER

D.HKD50 PER PAIR GUANGZHOU 46.Contracts must renewed one week _____their expiration.A.on

C.the moment of

B.against

D.before

47.The commodities you offered are _____line with the busine scope of our clients.A.outside

C.out

B.out of

D.without

48.We are arranging for an inspection tour of _____the material was proceed.A.place

C.where

B.the place

D.there 49.We are reconsidering those trade terms _____might be adverse to the interest of our principals.A.what

C.when

B.that

D.where

50.We find that there is no stipulation of tranhipment _____in the relative L/C.A.allowing

C.which allowed

B.which allows

D.being allowed 51.After unpacking the case we found that the goods did not ______with the original sample.A.match

C.agree

B.come up

D.measure 52.If the first shipment ______ , we guarantee that we will send you many repeat orders.A.match

C.agree

B.come up

D.measure 53.It is neceary that an arbitration clause ________in the contract.A.will be included

C.be included

B.must be included

D.has been included 54.Please see that your written confirmation ________by the end of this month, otherwise we will be free form the obligation for this offer.A.reaches us

C.reach us

B.will reach us

D.reached us 55.That helps to explain ______businees are setting up Net sites even though profits aren’t yet very big.A.that

C.why

B.the reason for

D.why that 56.We wish to stre that shipment must be made within the prescribed time limit, as a further ______will not be considered by our end-users.A.prolong

C.extension

B.protract

D.expansion

57.With computer users linked to the Internet growing _____every year, busine is trying to cash in on the worldwide network.A.at million

C.with one million

B.with a million

D.by millions 58.We regret having to remind you that 30% of the freight is still______.A.owned

C.outstanding

B.owning

D.understanding

59.________you fulfill the terms of the L/C, we will accept the drafts drawn under this credit.A.Provided

C.In the case

B.To provide

D.Only if 60.Kindly advise us of the steamers that call _______your port every month.A.at

C.in

B.on

D.for61.It should be _____if you could immediately ________what quantity you can supply us at present.A.thankful, advise

C.appreciated, advise

B.appreciate, advise

D.appreciating, inform 62.We thank you for your e-mail of November 25__B____your purchase of 10 M/T wild rice.A.confirm

C.to confirm

B.confirming

D.confirmed 63.Subject to satisfactory arrangements ______terms and conditions, we should be pleased to act as your sole agent.A.as

C.as if

B.as per

D.as to 64.Our usual terms of payment are _______L/C and we hope they will be satisfactory ______you.A.by, for

C.for, to

B.by, to

D.for, with 65.That helps to explain why businees are setting up Net sites ______ profits aren’t yet very big.A.even

C.even though

B.although

D.why that 66.The contract between a party who agrees to accept the risk and a party seeking protection from the risk a contract of _________.A.payment

C.shipment

B.production

D.insurance 67.The customs duties act _______an eential leverage on regulating import and export behavior.A at

C.in

B.as

D.to 68.The Chinese word “运单” is translated as________.A.invoice

C.Waybill

B.B/L

D.Contract 69.When we want to buy something from other countries, we should make ________ first.A.an offer

C.a confirmation

B.a inquiry

70.Swedish Krona is the currency of ________.A.Singapore

C.Sri Lanka

B.Spain

71.Cairo is a city of _______.A.Sri Lanka

C.Egypt

B.Denmark

D.Indonesia D.Sweden D.an acceptance 72.In the contract, usually there is a ________ clause to protect the buyer against lo from delay of the shipment of the goods.A.payment

C.penalty

B.shipment

D.quality 73.This contract is made _______ Dalian International Economical Trade Co.and Kich Boro International Limited.A.among

C.with

B.between

D.by 74.In foreign trade busine, the trade terms CFR is often used, CFR is the abbreviation for _______.A.cost, insurance and freight

C.cost and freight

B.commercial invoice

D.consular invoice

Keys to multiple choices:11 21 31 41 51 61 71

C C A D B B C C 2 12 22 32 42 52 62 72 B D B B C B B C 3 13 23 33 43 53 63 73 A A D C D C D B 4 14 24 34 44 54 64 74 C B A A B A B C 5 15 25 35 45 55 65 D A C A C C C 6 16 26 36 46 56 66 D D A B D C D 7 17 27 37 47 57 67 D A B C B D B 8 18 28 38 48 58 68 B B C D C C C 9 19 29 39 49 59 69 C C D B B A B 10 20 30.40 50 60 70 B A B A D A D

Part II: True or False 1.Exporting gives a manufacturer a large market for his products, while imports have unfavorable effects on the home market.2.Some commodities, like tea and wool, are sold on a tale quail basis and the buyer has to inspect a consignment himself.3.Immediate delivery is known as a future contract.4.Quoting firm prices for many months ahead involves little risk.5.Hedging is an operation adopted by merchants and others in the commodity markets who deal in futures to protect themselves against risk of lo, caused by future changes in price.6.The prices of produce remain unchanged for weeks and months, so buyers can place orders on the basis of printed price lists.7.The manufacturer may appoint a foreign agent who acts as a principal and pays for the goods himself.8.A closed indent is one which names the supplier of the goods required.9.A clearing agent is usually skilled in completing the formalities needed to clear goods through the Customs.10.Advertising aims to make a product or service known to the public in order to sell it.11.An offer may not indicate the terms of payment.12.The price-list and catalogues sent to some companies are also offers with binding effect.13.According to the United Nations Convention on Contracts for the International Sale of Goods, an acceptance with non-material alterations or additions can still constitute a valid acceptance..14.According to the CISG, a late acceptance caused by abnormal transmiion of the post office is neverthele effective unle the offeror shows objection without delay.15.Landed quality refers to the quality of the goods re-inspected upon their arrival at the port of destination.16.After iued of the letter of credit, the Iuing Bank may refuse payment if the applicant becomes bankrupt.17.After the negotiating bank negotiates the documents, which are refused by the opening bank later, the negotiating bank may ask the beneficiary for repayment.18.According to the UCP600, a freely negotiable credit must stipulate a place for presentation of documents for negotiation.19.If the L/C prohibits partial shipments and the goods are shipped in full quantity with the price not reduced, a short drawing of 5 percent in the amount is permiible.20.If the Iuing Band appoints the Bank of China as its Advising Bank of L/C, then the Iuing Bank may ask the Bank of Asia to advise amendments to the L/C.21.A bank will only accept a clean transport document.A clean transport document is one bearing no clause or notation exprely declaring a defective condition of the goods or their packaging.The word “clean” need not appear on a transport document, even if a credit has a requirement for that transport document to be “clean on board”.22.The date of the insurance document must be no later than the date of shipment, unle it appears from the insurance document that the cover is effective from a date not later than the date of shipment.23.The war risks both under CIC and ICC are can be covered independently.24.Insurance against F.P.A.means that the insured cannot obtain compensation from the insurer if particular average occurs.25.The insurance endorsement cannot be used as a dependent document.It is only a supplementary document attached to insurance policy or certificate.26.Warsaw-Oxford Rules clearly explain the thirteen kinds of trade terms in current use.27.According to INCOTERMS2000, FCA is suitable for all kinds of transportation.28.The main difference between a CIF contract and a DES contract lies in the fact that the former is a symbolic delivery of goods, whereas the latter is a physical delivery of goods.29.In general, soft currency should be chosen for exports and hard currency for imports.30.The United Nations Convention on Contracts for the International Sale of Goods does not limit the forms of contracts.31.The “receipt rule” insists that delaying or miing of an acceptance on the way constitutes an effective contract.32.The conformity of goods with samples refers, according to the CISG, to the conformity of the quantity, quality, description and packing of goods with those of the sample.33.When the goods do not conform to the sales contract, the bank may stop payment immediately even if the documents are correct and complete.34.According to INCOTERMS 2000, FAS is suitable for all kinds of transportation.35.Unle otherwise stated in the Credit, a transferable Credit can be transferred more than once.36.After iued of the letter of credit, the Iuing Bank may refuse payment if the applicant becomes bankrupt.37.According to the UCP500, a freely negotiable credit must stipulate a place for presentation of documents for negotiation.38.When the goods are posted, the latest date of shipment refers to the date of Post Receipt.39.If the Iuing Band appoints the Bank of China as its Advising Bank of L/C, then the Iuing Bank may ask the Bank of Asia to advise amendments to the L/C.40.The instrument of payment used in M/T is cheque.41.According to international trade practice, you cannot have the goods insured if you did not have insurable interest in the goods.42.Under CIC, no additional risk can be purchased to insure goods independently.43.The insurance endorsement cannot be used as a dependent document.It is only a supplementary document attached to insurance policy or certificate.44.Institute Cargo Clause(A)has the widest coverage among all its clauses.10 45.When there are optional ports in the S/C, where the goods are to be unloaded must be decided and confirmed by the buyer at least 48 hours before the ship arrives at the first optional port.46.A letter of indemnity is iued by the seller to the buyer to certify that the goods delivered are in good condition.47.When the ship-owner speeds up his ship and arrives at the destination at an earlier date than is stipulated, he can obtain dispatch money from the shipper.48.According to the interpretation of the Revised American Foreign Trade Definition, FAS is suitable for all kinds of transportation.49.The Neutral packing means the packing without the name of the origin.50.Price terms are mainly applied to determining the prices of commodities in international trade.51.Warsaw-Oxford Rules clearly explain the thirteen kinds of trade terms in current use.52.As an exporter, you concluded a deal with an American on basis of EXW;then your transaction risk is reduced the minimum degree.53.According to the interpretation of the Revised American Foreign Trade Definition, FAS is suitable for all kinds of transportation.54.On CIP terms, the seller must pay the freight rate and insurance premium as well as bear all the risks until the goods have arrived at the destination.55.A letter of indemnity is iued by the seller to the buyer to certify that the goods delivered are in goods condition.56.According to the UCP 500, a bill of lading which is iued subject to a Charter Party must be accepted unle the Credit stipulates otherwise.57.When you transport your goods by a Time Charter, you have to pay for loading and unloading.58.When the ship-owner speeds up his ship and arrives at the destination at an earlier date than is stipulated, he can obtain dispatch money from the shipper.59.When the charterer fails to load or unload the goods within the stipulated period of time, he has to pay demurrage to the ship-owner.60.Sometimes when the buyer cannot determine a specific port of discharge, he may require two or three ports to be written on the contract for option.61.When there are optional ports in the contract, the goods may be unloaded at any one of the ports at the shipping company’s disposal.62.When importing on FOB terms, we can generally stipulate the port of discharge.14 An order bill of lading may be negotiable after being endorsed.63.A bill of lading is a transport contract in which the shipping company promises to transport the goods received to the destination.64.In China, insurance companies do not accept insurance based on Institute Cargo Clause.65.Institute Cargo Clause(A)has the widest coverage among all its clauses.66.Almost all the insurance companies provide door-to-door coverage service.67.Insurance against F.P.A.means that the insured cannot obtain compensation from the insurer if particular average occurs.68.If you have insured your goods against All Risks, you will get compensated whatever risks occurs to your goods.69.The quantity terms of goods is one the conditions of an effective sales contract.70.In international trade, only the Metric System is allowed to indicate the quantity of goods.71.If the parties to a sales contract do not in advance agree upon whether the quantity of goods is determined by gro weight or net weight, it will be determined by gro weight.72.Net weight refers to the actual tare of all the packing materials.73.Conditioned weight is, in fact, the actual weight of the moisture of a certain commodity.74.The quantity terms of goods is one the conditions of an effective sales contract.75.In international trade, only the Metric System is allowed to indicate the quantity of goods.76.If the parties to a sales contract do not in advance agree upon whether the quantity of goods is determined by gro weight or net weight, it will be determined by gro weight.77.Net weight refers to the actual tare of all the packing materials.78.Conditioned weight is, in fact, the actual weight of the moisture of a certain commodity.79.According to the CISG, if the quantity delivered by the seller is greater than that of the contract, the buyer can refuse all the goods.80.The more or le Clause in a S/C allows the seller to deliver as more or as fewer goods as poible.81.The only weakne of delivering fewer goods than stipulated is that the seller gets le paid.82.The Beneficiary of a letter of credit may indicate his acceptance or rejection of the amendments till when he presents the relevant documents.83.In our country goods for export must go through customs clearance.84.When exporting goods on CFR, CPT or FOB terms, the seller must pay the insurance premium.85.According to UCP500, if documents are in correspondence with L/C’s stipulations, discrepancies between the documents themselves are allowed.86.Banks will refuse to pay if the documents which are not required by the L/C are presented to them.87.When documents are presented to the Opening Bank, they shall be examined carefully within one month.Keys to True or False:

01.F

0 2.T

03.F

04.F

05.T

06.F

07.F

08.T

09.T 11.T

12.F 13.F 14.T 15.T 16.F 17.T 18.F 19.T 21.T

22.T 23.F 24.F

25.T 26.F

27.T 28.T 29.F 31.F

32.T 33.F 34.F

35.T

36.F 37.F

38.T

39.F 41.F

42.T

43.T 44.T 45.T

46.F 47.F 48.T 49.T 51.F

52.T

53.T 54.F 55.F

56.F

57.T 58.F 59.T 61.F

62.T

63.T 64.T 65.F

66.T 67.T 68.T

69.F

10.T20.F 30.T40.F50.F 60.T 70.T 71.F

72.F

73.F 74.T 75.F

76.F

77.F 78.F

79.F 80.F 81.F

82.T

83.T 84.F

85.F

86.F 87.F

Part III: Definitions 1.tariff 23.clean draft 2.surtax 24.TT 3.anti-dumping duty

25.documentary letter of credit

4.specific duty 26.sight L/C 5.ad valorem duty 27.standby L/C 6.quota 28.particular average 7.import license 29.general average 8.foreign exchange control 30.partial lo 9.shipper 31.constructive total lo

10.charter party

32.open policy 11.shipped B/L 33.warranty 12.clean B/L 34.receipt 13.straight B/L 35.acceptance 14.order B/L 36.force majeure event 15.stale B/L 37.private dispute resolution

16.foreign exchange 38.mediation 17.exchange rate 39.consular invoice 18.offer rate(of foreign exchange)

40.Customs invoice 19.definite offer 41.certificate of origin

20.acceptance 42.pro-forma invoice 21.commercial draft 43.packing list 22.usance draft 44.mate’s receipt

Keys to the Definitions:

1.A tariff is duty or fee is levied on goods being imported into(or exported out of)a country.2.Surtax is an additional tax.It may also be temporary and discriminatory.In international trade, import surtax is often collected to cope with international payment difficulties and to prevent dumping.3.Anti-dumping duty is a fee that is collected by the importing country when it believes that the exporting country is selling a significant amount of goods to the importing country at prices much lower than in the exporting country.4.Specific duty is a tax of a certain sum aeed and collected on an article without reference to its value or market.5.Ad valorem duty is a tax which is graded according to the cost, or market value, of the article taxed.6.A quota is a quantitative restriction or an upper limit in terms of physical quantity or value.7.An import license is a permit for import iued by the government to control the import of goods.8.Foreign exchange control means various forms of restriction imposed by a government on the purchase/sale of foreign currencies by residents or on the purchase/sale of local currency by nonresidents.9.Shipper: the person who makes the contract with the carrier and hands over the goods for carriage.10.Charter party: a written contract in charter shipping between the ship operator and the charterer(shipper)11.Shipped B/L: a B/L indicating that the goods have been shipped or loaded on board on a named veel, as evidenced by the pre-printed wording or the on board notation on the bill of lading 12.Clean B/L: a B/L bearing an indication that the goods are received without damage, irregularities or short shipment 13.Straight B/L: a non-negotiable B/L in which the goods are consigned to a designated party 14.Order B/L: a negotiable bill of lading in which the goods are consigned to the order of a named party, usually the shipper 15.Stale B/L: a B/L that is negotiated when the L/C has expired or one that will reach the consignee after the arrival of the cargo 16.Foreign exchange is the currency of any foreign country which is the authorized instrument of settlement and the basis for record keeping in that country 17.Like any other commodities, a foreign exchange has a price, which is expreed in another currency.Exchange rate is the price relationship between the currencies of two countries or the price of one currency in terms of the other.18.Offer rate is the price at which a bank is willing to sell foreign exchange to its customers.19.A definite offer is one that clearly exprees the offerer’s willingne in concluding a transaction by providing complete and clear information for the deal.Normally it includes all the neceary items for a transaction, specifies the time by which the offer is valid and the time the acceptance must be received, and uses the phrase “offer firm” meaning that the offer is made without reservations.20.An acceptance is a statement made by the offeree indicating aent to an offer.21.A commercial draft is a payment order iued by a firm, not a bank, directing another party to pay a specified sum to the payee.22.A usance draft is an order of payment that will be made in a specified number of days after iue or acceptance of the draft or at a fixed future date.23.A clean draft is one that is paid without the presentation of any other documents attached.24.TT is a method of transferring funds by telecommunication system such as telex and cable.25.Documentary letter of credit is a conditional bank undertaking or guarantee of payment.26.A sight L/C is one by which the beneficiary is paid upon presentation of complying document.27.A standby L/C is an L/C representing an obligation by the iuing bank on a designated third party(the beneficiary)which is contingent on the failure of the bank’s customer to perform under the terms of a contract with the beneficiary.28.Particular average means a lo that is borne solely by the owner of the lost property such as damage of cargo by sea water.29.General average means a partial, deliberate and reasonable sacrifice of the ship, freight, or goods, undertaken for the common safety of the adventure in time of peril and/or extraordinary expenditure with the like object such as the charges for towing a stranded ship.30.Partial lo means: 1)total lo of part of the insured cargo and 2)damage to all or part of the insured cargo.31.Constructive total lo means the subject matter insured is reasonably abandoned on account of its actual total lo appearing to be unavoidable or because it would not be preserved from actual total lo without an expenditure greater than its recovered value.In other words, it is unlikely to recover the subject matter or the cost of recovery will exceed the value of the subject matter.32.Open policy is an arrangement in which terms such as types of risks to be covered, validity of the insurance contract, rate, premium, maximum(but not specific)value of each shipment, geographical limits, etc are worked out when the contract is sighed.Each shipment is covered once the aured declares the details.The aured may be authorized to iue against payment a pre-printed insurance certificate which is valid after completion of shipment details and his signature for documentation purposes.33.A warranty is an aurance by one party to a contract of the existence of a fact upon which the other party may rely.It is intended precisely to relieve the promise of any duty to ascertain the fact for himself, and it amounts to a promise to indemnify the promise for any lo if the fact warranted proves untrue.34.Receipt means that the goods have come into the control of the buyer without regard to ownership or to agreement to any aspect of the goods.35.Acceptance means that the buyer has the control of the goods with consent regarding the goods delivered.36.A force majeure event is one that can generally be neither anticipated nor brought under control.37.Private dispute resolution refers to the settlement of dispute privately instead of by litigation.38.Mediation is informal, voluntary proce in which an impartial person, trained in facilitation and negotiation techniques, help the parties reach a mutually acceptable resolution.39.Consular invoice: usually a copy or an original of the commercial invoice and transport document that has been recorded and stamped by a consul of the destination country.A consular invoice is a document prepared by the shipper and certified in the country of origin by a consul of the country of importation, e.g., at the consular section of the embay.It shows the transaction details such as name of exporting firm, name of consignee, country of origin, place of loading, description of goods, quantity, weight/measurement, etc.It is required by the importing country in order for them to compile statistics, to control import, and to check the origin of goods and the credit of exporter.40.Customs invoice: generally a destination country customs form.Such forms duplicate much of the information on the commercial invoice and packing list, and additionally require information or answers to questions of particular interest to customs in determining the admiibility of the goods and aeing duty and/or tax.Such customs invoices are currently required by relatively few countries, and typically only for higher value shipments or shipments of certain commodities, and/or in cases where the importer may be seeking some type of preferential treatment or admiibility by customs.This invoice is required by the destination country in order to clear the goods through Customs, to compile statistics, to verify country of origin for import duty and tax purpose, to compare export price and domestic price, and to fix anti-dumping duty.41.Certificate of origin: a document iued by a government agency, a chamber of commerce or relevant aociation.An importing country often asks for such a certificate in order to extend preferential duties to goods form acceptable countries, to apply import controls such as sanction, quota, or anti-dumping duty and to collect statistics.42.Pro-forma invoice: a document created in the format of a commercial invoice, but not actually constituting an invoice(i.e., not a demand for the payment of money).It should contain all or most of the information which will or should appear on a prospective commercial invoice should the described transaction materialize.Pro-forma invoice are commonly used as a format for rendering a quotation for the sale of goods, particularly an export sale where the trade terms and/or shipping and other incremental cost must be specially accounted for if they are included within the total transaction price.It is not a record of sales effected already, but a representation of a sales invoice iued before a transaction has been concluded.43.Packing list: a supplement to a commercial invoice to show the details of a shipment when specifications, quantities, weights or contents of individual units in the shipment vary(e.g., car parts).It is used in order to recognize the goods, to clear the Customs, and to check the goods.44.Mate’s receipt: a document iued by the mate of the carrying veel when loading is completed.Shipper then exchanges the receipt for a B/L at the shipping company.It has no legal authority regarding proceing financial settlement of international consignments but merely confirms cargo is placed on board a ship pending iue of a B/L.Part IV: Answer the Following Questions 1.What is international trade? 2.What are the major motivations for private firm to operate international busine? 3.What is the most eential motive to pursue international trade? 4.What measures do most companies usually adopt to avoid wild swings in the sales and profits? 5.Pleas give the four major operation forms chosen by most companies.6.What does balance of payments account mean? 7.What are the basic sources of international revenue and expenditure for most countries? 8.Could you find any difference between Direct Investment and Portofolio Investment? If you can, please tell the main reasons.9.What is MNE? What are its synonyms? 10.Please give examples to explain “Services are earnings other than those from goods.” 11.What influences the international operational forms which a company will choose? 12.What limits a firm’s sales?

13.Why is merchandise exports and imports the firs type of foreign operations in which a firm gets involved? 14.What does “royalties” mean? 15.What is “franchising”?

16.What is the definition for contract? What may happen if any party fails to fulfill his contractual obligations? 17.What are the two parties of busine negotiations? And give examples as you can.18.Why do the trading parties usually prefer a written contract? What is the difference between a sales contract and a sales(purchase)confirmation? 19.What does the setting up of a contract generally contain? 20.What does the contract proper usually include? 21.Please explain in English what the meaning of chartering is and its character.22.What is time of delivery and what has to be paid attention to in stipulating the time of shipment? 23.Please tell the functions of a bill of lading.24.What are the main kinds of bill of lading in international trade? 1.简述国际贸易中包装的重要性及约定包装条件的意义。2.国际贸易中商品运输包装的要求有哪些？ 3.简述运输包装的分类情况。

4.国际贸易中商品销售包装的要求有哪些？5.设计和制作销售包装时，应做好哪些工作？ 6.条形码的使用对国际贸易有何促进作用？

7.影响定牌生产产生的原因有哪些？其具体做法是什么？ 8.联合国制定标准运输标志的原因是什么？其作用有哪些？ 9.买卖双方制定合同中包装条款时应注意哪些问题？ 10.各国法律对实际履行作为一种救济方法的规定有何不同？ 11.大陆法、英美法和《公约》对损害赔偿责任的成立各有什么规定？ 12.各国法律对损害赔偿范围的规定有何不同？

13.各国法律对构成解决合同的条件的规定有何不同？我国又是怎样规定的？ 14.处理理赔工作时应该主要哪些问题？

15.按英国法规定，卖方行使停运权有几种方法？行使停运权时应注意拿几个条 件？

16.按《英国货物买卖法》的规定，所交货物与合同不符违反要件的情况有几种？

Keys to the questions:

1.International trade is busine whose activities involve the croing of national borders.It includes not only international trade and foreign manufacturing but also encompaes the growing services industry in areas such as transportation, tourism, banking, advertising, construction, retailing, wholesaling, and ma communications.It includes all busine transactions that involve two or more countries.Such busine relationship may be private or governmental.2.Sales expansion, resource acquisition and diversification of sales and supplies.3.To gain profit.4.To seek out foreign markets and procurement.5.There are four major forms which are the following: Merchandise exports and Imports, Service Exports and Imports, Investment and Multinational Enterprise.6.It is the account which is a summary statement of the flow of all international economic and financial transactions between one nation(eg.the United States)and the rest of the world over some period of time, usually one year.7.Merchandise Exporting and Importing.8.Yes.There are great differences between them.1)direct investment takes place when control follows the investment.It usually means high commitment of capital, personnel, and technology abroad.It aims at gaining of foreign resources and foreign markets.Direct investment may often get higher foreign sales than exporting.And sometimes it involves two or more parties.18 2)While portfolio investments are not under control.And they are used primarily for financial purposes.Treasures of companies, for example, routinely more funds from one country to another to get a higher yield on short term investments.9.MNE is the abbreviation of the multinational enterprise.Its synonyms are NNC(the multinational corporation)and TNC(transnational corporation).10.Examples are travel, transport, fee, royalties, dividends and interest.11.The choice of forms is influenced by the objective being pursued and the environments in which the company must operate.12.It is limited by the number of people interested in a firm’s products and services and by customers’ capacity to make purchase.13.This is because at an early stage of international involvement these operations usually take the least commitment and least risk of a firm’s resources.14.Royalties means the payment for use of aets from abroad, such as for trademarks patens, copyrights, or other expertise under contract known as licensing agreements.Royalties are also paid franchising.15.It is a way of doing busine in which one party(the franchiser)the use of a trademark that is an eential aet for the franchisers’ busine.16.A contract is an agreement which sets forth bind obligations of the relevant parties.And any part that fails to fulfill his contractual obligations may be sued and forced to make compensation.17.There are two parties of busine contract negotiations: oral and written.The former refers to direct discuions abroad;written negotiations often begin with enquiries made by the buyers.18.A written contract is generally prepared and signed as the proof of the agreement and as the basis for its execution.A sales or purchase confirmation is le detailed than a contract, covering only the eential terms of the transaction.It is usually used for smaller deals or between familiar trade partners.19.The setting up of a contract is similar to that of a trade agreement or any other type of formal agreements.It generally contains: 1)the title.The type of the contract is indicated in the title;2)the contract proper.It is the main part of a contract;3)the signature of the contracting parties indicating their status as the seller or the buyer;4)the stipulations on the back of the contract and are equally binding upon the contracting parties.20.It generally contains the time of shipment, the mode of payment described in addition to an exact description of the goods including the quantity, quality, specifications, packing methods, insurance, commodity inspection, claims, arbitration and force majeure, etc.21.It is also called tramp.A shipping by chartering is a freight-carrying veel which has no regular route or fixed schedule of sailing.It is first in one trade and then in another, always seeking those ports where there is a demand at the moment for shipping space.The shipper 19 charters the ship from the ship-owner and uses it to carry the goods.It falls into 3 kinds: voyage charter, time charter and demise charter.22.The time of delivery refers to the time limit during which the seller shall deliver the goods to the buyer at the agreed place by the agreed methods.There are the following ways to stipulate the time of delivery in the contract.In stipulate the time of delivery we have to pay attention to the followings:(1)The shipment date should be made in such a manner that it facilitates the seller and enables the seller to effect shipment on time and perform the relevant obligations stipulated in the contract.For instance, the seller should be given a period of reasonable time for arranging the supply of the contracted goods.(2)Different shipment period should be fixed, based on the availability of shipping space, for contracted goods of different nature.An unreasonable short time for shipment shall cause no little inconvenience to the seller.(3)According to the relevant stipulations of(Uniform Customs and Practice for Documentary Credits): Expreions such as “prompt”;“immediately”, “as soon as poible” and the like should not be used.If they are used banks will disregard them.(4)Unle otherwise stipulated in the credit, the expreion “shipment” used in stipulating an earliest and/or a latest shipment date will be understood to include the expreions “ loading on board”, “dispatch”, “accepted for carriage”, “flight date”, “date of post receipt”, ”date of pickup“ and in the case of a credit calling for or allowing a multi-modal transport document the expreion “taking in charge”.(5)If the expreion “on or about” and similar expreions are used, banks will interpret them as a stipulation that shipment is to be made during the period from the five days before to five days after the specified date, both end days included.The words “to”, “until”, “till”, “from” and words of similar expreions applied to any date or period in the credit referring to shipment will be understood to include the date mentioned.The word “after” will be understood to exclude the date mentioned.The term “first half”, “second half” of a month shall be construed respectively as the 1st to the 15th, and the 16th to the last day of such month, all dates inclusive.The terms “beginning”, “middle”, or “end” of a month shall be construed respectively as the 1st to the 10th, the 11th to the 20th', and the 21st to the last day of such month, all dates inclusive.23.The Bill of Lading has three important functions.a.It is a receipt for goods signed by the shipping company and given to the shippers;b.It is also evidence of a contract of carriage between the shipping company and shippers.In addition, c.it is a document of title because the legal owner of the Bill of Lading is the owner of the goods.For this reason the Bill of Lading can be used to transfer the goods-from one owner to another.“When the exporters complete it, they can write the buyer’s name in the space, “consignee”.This means the consignee is the legal owner of the goods, 20 as named on Bill of Lading.Otherwise the exporters can write “to other” in the consignee space.Underneath “to order” they write the name and addre of the agent.Then the agent in the importing country can endorse the bill to the buyer.In this way the importers can transfer the consignment to their customers.This means that there has to be a separate Bill of Lading for each consignee and several consignments can not be consolidated on to one bill.24.There are several types of Bills of Lading which are categorized in different ways.(1).On board B/L and received for shipment B/L According to whether the goods are loaded or not, the bills of lading can be claified into on board(or shipped)B/L and received(or received for shipment)B/L.A shipped on board B/L is evidence that the goods have been loaded on board a certain steamer.It commences with the wording “Shipped in apparent good order and condition”, According to general foreign trade practices, only the shipped on board B/L is accepted by banks for payment under a L/C.(2).Clean bill and unclean bill According to whether there are notes on the B/L, it falls into 2 kinds: clean B/L and unclean B/L.A clean B/L shows that the goods have been shipped on board a veel in apparent good order and condition, and there is no modification of the shipowner.This bill of lading is called “clean” or “unclaused”.It confirms that the goods have not suffered apparent or outside damage and there does not seem to be any defect in the packing.By iuing clean bill of lading, the shipowner admits his full liability of the cargo described in the Bill under the law and his contract.This type is much favored by banks for financial settlement purpose.Unclean B/L is generally marked “insufficiently packed”, “covers old and stained”, “wet by rain”, “…packed in damaged condition”, “unclean”, “foul”, etc.There are many recurring types of such clauses including inadequate packaging, unprotected machinery, wet or stained cartons, damaged crates, etc.This type of B/L is usually unacceptable to a bank.But not all B/L(s)which are noted are unclean B/L.(3).A straight B/L, An order B/L and A blank B/L According to whether the B/L is transferable, it is divided into 3 kinds: straight B/L, order B/L and blank B/L.A straight B/L is made out so that only the named consignee at the destination is entitled to take delivery of the goods under the bill.The consignee is designated by the shipper.The carrier has to hand over the cargo to the named consignee, not to any third party in poeion of the bill.This kind of B/L is not transferable.The shipper cannot pa the bill to a third party by endorsement.So the bill is of very restricted application.When the goods are shipped on a non-commercial basis, such as samples or exhibits, materials in aid of other countries, or when the goods are extremely valuable, a straight B/L is generally iued.21 An order B/L indicates that the bill is made out to the order of or to order of …any person named in such a bill, which may be transferred /negotiated after endorsement.So it is sometimes called transferable B/L.It is because of this that nowadays, it is commonly used in international practice.A blank B/L is also called open B/L or bearer B/L.It refers to the bill in which the name of a definite consignee is not mentioned.The area in B/L calling for the name of the consignee is left blank, with neither the name of the consignee nor the phraseology of “to order” filled in.This kind of B/L can be transferred/ negotiable without endorsement.There usually appear in the box of consignee words like “to bearer” and holder of the B/L can take delivery of the goods against the surrender of B/L, i.e., ownership of the goods paes when the bill is handed over to anyone.(4).Direct B/L, A tranhipment B/L, A through B/L According to the modes of transport, it can be divided into 3 kinds.A direct B/L is referred to the consignment carried to the port of destination directly without tranhipment.A transhipment B/L is iued by shipping companies when there is no direct service between the port of loading and port of destination, and the ship owner arranges to tranship the cargo at an intermediate port at his expense.This kind of Bill usually bears such a clause “Transhipment to be made”

A through B/L is iued when the entire voyage involves more than one carrier, where the ocean shipment forms only part of the complete journey and, subsequent thereto, the goods have to be carried by other land or sea carriers.The first carrier iues the bill and collects the freight for the entire voyage, and arranges tranhipment and forwarding of the goods at the intermediate port.The shipper prefers this kind of B/L because of the trouble having been saved to deal with other carriers by himself.(5).A long form B/L, A short form B/L According to the contents of the B/L, it can be divided into 2 forms: Long Form B/L and Short Form B/L A long form B/L refers to the B/L on the back of which all the detailed terms and conditions about the rights and obligations of the carrier and the consignor are listed as an integral part of the bill.It is more frequently used.A short form B/L is a document which omits the terms and conditions on the back of B/L.(6).A freight prepaid B/L, A freight to be collected B/L According to the time for payment of freight, it can be divided into 2 types.A freight prepaid B/L means that all the freight is paid by the consignor when B/L is iued by the carrier on which “freight prepaid” is indicated.A freight to be collected B/L refers to the B/L on which “freight payable at destination” is indicated.22(7).A liner B/L, A charter party B/L According to the types of the carrying veels, it can be claified into a liner B/L and a charter party B/L.(8).Other types of B/L Besides the above-mentioned types of B/L there are some other types such as: container B/L;on Deck B/L;stale B/L;groupage B/L;house B/L;antedated B/L and advanced B/L.1.答：包装重要性体现在以下几个方面：

（1）是实现商品价值和使用价值的重要手段，是商品生产和消费之间的桥梁。

（2）出口商品需经过长距离辗转运输，有时需多次装卸、搬运和存储，包装可保证商品质量和数量完整，方便货物装卸、搬运、储存。

（3）商品生产过程，包装是最后一道工序；在流通领域中，包装具有保护商品、美化商品、宣传商品、提高售价的重要作用，并可作为对外竞争的重要手段。约定包装条件的意义在于：

（1）不仅起到保护和美化商品作用，且包装本身还是货物说明的组成部分。

（2）按一些国家法律解释，如一方违反了所约定的包装条件，另一方有权提出索赔，甚至拒收货物。

2.答：（1）必须适应商品特性。（2）必须适应各种不同运输方式的要求。（3）必须考虑有关国家的法律规定和客户要求。

（4）要保证包装牢固的前提下节省费用，便于各环节有关人员进行操作以免使货物遭受损失。

3.答：（1）按包装方式，可分为单件运输包装和集合运输包装，后者又分为集装包和集装袋。

（2）按包装造型，可分为箱、袋、桶和捆等方式。

（3）按包装材料，可分为纸制，金属、木制、麻制品、玻璃制品、陶瓷制品及竹、柳、草制品包装等。

（4）按包装质地，可分为软性，半硬性和硬性包装。（5）按包装程度，可分为全部包装和局部包装。

4.答：（1）便于陈列展销，以吸引顾客和供消费者选购。（2）便于识别商品，以便消费者了解，看货成交。（3）便于携带和使用，为消费者提供方便。

（4）要有艺术吸引力，以便吸引顾客、提高售价、扩大销路。

5.答：（1）包装的装潢画面要美观大方，富有艺术吸引力，突出特点，图案和色彩要适应有关国家民族习惯和爱好，便于扩大出口。

（2）包装上的文字说明应同装潢画面紧密配合，互相衬托，以达到宣传和促销目的，使用文字应简明扼要，并能让顾客看懂，必要时可中、外文并用。（3）包装上标签应注意有关国家的标签管理条例，尤其是食品、药品、服装。（4）销售包装还应注意条形码技术的使用问题。

6.答：（1）有效提高结算效率和准确性，也方便了顾客。

（2）有利于提高国际间贸易信息传递的准确性，使交易双方及时了解对方 商品有关资料和本国商品在对方的销售情况。

（3）条形码的使用是有效促使名优商品打入许多国家超级市场的前提条件。7.答：定牌生产产生的原因有：

（1）世界许多国家超级市场、大百货公司和专业商店在其经营出售商品上标有本商店使用的商标或品牌，以扩大本企业知名度并显示该商品身价。

（2）出口厂商为利用买方经营能力及商业信誉和品牌声誉，以提高商品售价和扩大销路，也采用定牌生产。

我国出口贸易中定牌生产具体做法有：

（1）在商品或包装上，打印上外商所指定的商标或品牌，而不标明生产国别和出口厂商名称。

（2）在商品或包装上，表明我国的商标或品牌，同时加注国外商号名称或表示其商号的标记。

（3）在商品或包装上，采用买方指定商标或品牌，同时注明“中国制造”字样。8.答：制定原因为：（1）运输标志内容较多。（2）有时要加进一些不必要项目。

（3）各国和各种运输方式之间对运输标志的要求差异较大，不能适应国际货物流动量的增加和多式联运的开展，不利于电子计算机在运输和单证流转方面的应用。作用有：

（1）减少了运输标志内容，节省出口成本、时间和费用。（2）提高计算机操作和审单效率，加速船舶和资金周转。

（3）消除因运输标志内容过多和繁杂而可能造成的失误和困难，保证交货的顺利进行。9.答：

（1）对包装要求应当明确具体，做到明确规定包装材料、造型、规格。除传统商品外不宜采用“按惯常方式包装”等含糊包装术语。另外，除非买卖双方对具体内容事先充分交换意见或在长期业务往来中就问题取得一致认识，包装条款一定要明确具体。

（2）应订明包装费用由何方负担。按惯例，包装费用一般在货价之内，包装条款中无须另行订明。若买方坚持要求对原本不需包装的商品实施特殊包装，导致包装费用超出正常，增加产品成本，或包装物料刚好构成产品成本增加时，则订明包装费用负担。若卖方同意接受买方提供包装，包装条款中还应订明寄送包装方法，包装送达日期，送交包装延迟责任及运送包装费用负担等内容。进口合同中对包装技术性较强的商品通常在单价后注明“包括包装费用”，以免发生纠纷。（3）明确由何方提供运输标志。按惯例，运输标志可由买方提供，也可由卖方决定。卖方决定时可不订入合同，或只订明“卖方标志”，由卖方设计后通知买方。买方提供时应在合同中规定买方提供时间，如超过时间卖方可提出其他补救方法。

（4）明确包装不良应负的责任。保险公司一般不负责因包装不良造成的损失。在包装条款中，应对包装不善所造成损失的索赔问题作适当规定，以防止进口货物因包装不良受到损失，对仪器、机器设备进口时使用的包装条款，更应就索赔问题作出详细规定。10.答：（1）大陆法系将实际履行作为一种主要的救济方法。（2）英美法系将实际履行作为例外的辅助性的救济方法。（3）按《公约》的规定，当事人有权要求对方实际履行合同义务。

11.答：（1）大陆法系认为，损害赔偿责任的成立，必须具备以下三个条件： 必须要有A、必须要有损害事实。B、须有归责于债务人的原因。

C、损害是由于债务人应予负责的原因造成。

（2）英美法认为，只要一方违约，就足以构成对方可以提起损害赔偿之诉。（3）《公约》认为，损害赔偿是一种主要的救济方法。

12.答：（1）《德国民法典》认为，损害赔偿的范围应包括违约所造成的与实际损失和所得利益两方面。法国法关于损失赔偿的范围的原则与德国法是一致的。（2）英美法认为，损失赔偿的范围，是使由于债务人违约而蒙受损害的一方，在经济上能处于该合同得到履行时同等地位。另外还规定，一方违约，另一方有 义务采取一切合理的措施以减少违约造成的损失，否则本来可以合理避免的损 失，不能要求给以赔偿。

（3）我国《涉外经济合同法》对损害赔偿金额的确定，遵循两个原则： A、当事人赔偿责任应相当于另一方所受的损失。

B、赔偿责任不得超过违约方在订立合同时应当预见到的因违反合同可能造成的 损失。

（4）《公约》对此也有规定、A、一方当事人违反合同应负的损害赔偿额，应与另一方当事人因他违反合同而 遭受的包括利润在内的损失额相等。

B、为限制守约方漫天要价，还规定了守约方可以得到的损害赔偿“不得超过违反合同一方在订立合同时，按照他当时已知道或理应知道的事实和情况，对违反合同预料和理应预料到的可能损失”。

13.答：（1）大陆法对此规定得比较简单。大陆法认为，只要合同一方当事人不履行其合同义务时，对方就有权解除合同。

（2）英国法认为，一方违约构成违反要件，对方才可要求解除合同；如果一方 仅仅是违反担保，对方只能请求损害赔偿，而不能要求解除合同。美国法与英国 法的规定有些相似。（3）《联合国国际货物销售合同公约》认为，合同一方不履行义务构成根本性违约，另一方有权解除合同。

（4）我国《涉外经济合同法》认为，一方违约，另一方在下列两种情况下才能 要求解除合同：

A、违约必须导致严重影响订立合同所期望的经济利益。

B、如果一方在合同规定的期限内没有履行合同义务，而且在被允许的推迟履行 的合理期限内仍未履行，则守约方可要求解除合同义务。

14.答：（1）认真细致身后国外买方提出的单证和出证机构的合法性。（2）认真做好调查研究、弄清事实、分清责任。（3）要合理确定损失程度、金额、和赔付办法。15.答：（1）两种办法：

A、通过实际占有货物的办法行使停运权。

B、把行使停运权的要求通知占有货物的承运人和货物的保管人，但要按卖方的 指示处置货物。

（2）未收货款的卖方在行使停运权时要注意必须符合下列三个条件： A、卖方已经丧失了对货物的占有权。B、卖方必须在买方无力偿付时行使停运权。C、卖方必须在货物处于运输过程中行使其停运权。16.答：（1）卖方所交货物不具备商销品质。（2）卖方所交货物与合同说明不一样。（3）卖方所交货物不适合约定的特殊用途。（4）卖方所交货物与凭样成交时的品种不符。（5）卖方所交货物与合同规定的品种不同。

（6）卖方所交货物在数量上大于或小于合同规定的数量。

Part V: Case Study

1.A company concludes a contract under CIF term.It receives a L/C iued abroad on 1 July.The opening date of the L/C is 20 June and the validity of the L/C is 15 August.Suppose that：（1）the L/C stipulates ”Prompt Shipment“，then the latest date of shipment is（）。（2）the L/C stipulates ”Shipment on or about 20th July“，then the date of shipment is（）。（3）the beneficiary starts the shipment on 10 July and finishes it on 12 July.The ship arrives the port of destination on 20 August.The buyer takes delivery of the goods also on 20 August.Then, the date of B/L should be（）.The date of insurance policy should be（）.The time of document presentation should be not late than（）.The time of delivery for the seller is（）。

2.Company CH exported to a Nigerian company a consignment of torches totaling about 60000 pounds.The relevant L/C from Nigeria stipulated, “The goods shall be shipped by six installments from June to November” Company CH shipped the goods in compliance with the prescription of the L/C in June, July and August, and obtained the relevant installment payments.However, in September the goods could not be loaded on board because a heavy typhoon was attacking the coastal area.Then, company CH decided to continue with the shipment in October.When the documents were sent to Nigeria, the Iuing Bank was justified in refusing payment? Please refer to relative stipulations in the UCP 600 and explain the reasons.3.A ship started on its voyage after loading, but in the course of the journey a fire broke out during transit in Hold A, which had been loaded with stationary and tea.The captain ordered his crew to pour water on the fire.It was found out, after the fire was extinguished, that part of the stationery had been burned, the remainder and the tea had been soaked through.Then, what risk would you have covered if you had wanted to be compensated for the loes? 4.A Chinese export company concluded a busine with a British agent in 2005 metric tons of commodity at DM 345 CFR Antwerp per metric ton.The time of shipment was November 2005 and February 2006.The agent iued the relevant letter of credit on time, stipulating the latest date of shipment as December31, 2005.The original ship the Chinese company booked, however, came to the port of shipment on December 31.Because of unidentified reasons, the goods were actually shipped on the 18th of January 2006.The Chinese export company put the iuing date of the bill of lading back to December 31, 2005, and obtained payment from the bank against the relevant documents.The ship reached Antwerp in early April 2006.This aroused doubt from the client, who, after inviting the court surveyors, went aboard and examined the logbook.When the client found out that the actual date of shipment was January 18, 2006, he refused to take delivery and claimed compensation from the Chinese export company.How would you settle this iue? 5.In 2005, a certain export company of China sent a group of businemen to the United States for purchase of equipment.In New York both parties reached an oral agreement on such items as specifications, unit price, and quantity.Upon leaving, the group indicated to the other party that, when they got back to Beijing, they would draw a contract, which would become effective after being signed by both parties.After going back to Beijing, the group found that the clients withdrew their import of the equipment, and thus the contract was not signed and the L/C was not opened, either.The US side urged the Chinese side to perform the contract;otherwise they would lodge a claim with the Chinese side in the US.Please analyze the case and give an opinion on how the Chinese export company was to deal with this case and why? 6.A Chinese trading company E concluded a transaction in steel with a Hong Kong company W on the basis of FOB China Port.Company W immediately resold the steel to Company H in Libya on the terms of CFR Liberia.The L/C form W required the price terms to be FOB China Port and the goods to be directly delivered to Liberia.The L/C also required “Freight Prepaid” to be indicated on Bill of Lading.Why did Company W perform so? What should we do about it? 7.A Chinese import and export company concluded a Sales Contract with a Holland firm on August 5, 2000, selling a batch of certain commodity.The contract was based on CIF Rotterdam at USD 2500 per metric ton.The Chinese company delivered the goods in compliance with the contract and obtained a clean-on-board Bill of Lading.During transportation, however, 100 metric tons of the goods got lost because of rough sea.Upon arrival of the goods, the price of the contracted goods went down quickly.The buyer refused to take delivery of the goods and effect payment and claimed damages from the seller.How would you deal with this case? 8.The ABC Company exported a consignment of silk.As the shipping marks in the relevant L/C were not clear, the person in charge thought that the L/C did not stipulate the shipping marks.He, then, made the shipping marks himself.As a result, discrepancies occurred between the made shipping marks and those stated in the L/C.The buyers, therefore, refused to pay for the documents.However, after negotiation, the buyers agreed to pay only when the ABC Company had reduced the original prices by 10 percent.What leon can we learn from this case? 9.Mr.Smith, an American busineman, sold a batch of IBM computers to a Hong Kong importer, Mr.Chen.The sales contract was concluded in the United States of America on the terms of CIF Hong Kong.During execution of this contract, disputes arose between the seller and the buyer on the form and interpretation of the contract.In such a case, did the law of the U.S.A.or the law of Hong Kong apply to the disputes? Why? 10.我某外贸公司向日本商人以D/P见票即付方式推销某商品，对方答复如我方接受D/P见票后90天付款条件，并通过他指定的A银行代收货款则可接受。请分析日方提出此项要求的出发点。

11.一载货船舶在航行途中不慎搁浅，事后船长下令反复开倒车，强行起浮，但船上轮机受损并且船底划破，致使海水渗进货舱，造成船货部分受损。该船驶进附近的一港口修理并暂卸大部分货物，共花一周时间，增加了各项费用支出，包括船员工资共8000美元。船修复后装上原货重新启航后不久，A舱起火，船长下令灌水灭火。A舱原载有儿童玩具、茶叶等，灭火后发现儿童玩具一部分被烧毁，另一部分儿童玩具和全部茶叶被水浸湿。试分析上述各项损失的性质，并说明在投保何种险别的情况下，保险公司方负责赔偿？

12.我国某出口公司向法国出口货物一批，合同中的贸易术语是CIF MARSEILLES，卖方在合同规定的时间和装运港装船，货船离港后不久便触礁沉没。次日，当卖方凭提单、保险单 28 以及发票等有关单据通过银行向买方要求付款时，买方以无法收到合同中规定的货物为由，拒绝接受单据和付款。问：我方应该如何处理？

13.某公司向国外出口一批仪器，合同规定由买方提供唛头，但截至买方提供时间届满为止，仍未见其通知设计情况，而该公司货已备好。问：该公司应如何处理此事？

14.某公司以FOB条件出口一批茶具，买方要求公司代为租船，费用由买方负担。由于公司在约定日期无法租到合适的船，且买方不同意更换条件，以致延误了装运期，买方以此为由提出撤销合同。

问：买方的要求是否合理？

15.某公司以CPT条件出口一批冬装，公司按期将货物交给指定承运人，但运输途中由于天气原因延期一个月，错过了销售季节，买方由此向该公司提出索赔。问：此项损失应由谁承担？

16.我方按CIF 条件进口一批床单，货物抵达我方后发现床单在运输途中部分受潮，而卖方已如期向我方提交了合同规定的全套合格单据并要求我方支付货款。问：我方是否能以所交货物受潮而拒付货款或向卖方提出索赔？

17.英国某公司以CFR 条件进口一批大豆，在约定日期未收到卖方的装船通知，却收到卖方要求该公司支付货款的单据。过后我方接到货物，经检验部分货物在运输途中因海上风险而丢失。

问：该公司应如何处理？

18.我方按CIP 条件进口10 顿化肥，先经上海运输，抵达目的港后转为铁路运输，我方受领货物后，卖方要求我方支付货款和铁路运费，请问卖方行为是否合理？

19.我方某公司出口一批冻鸡，货物抵达目的港后经海关检验发现因包装不良导致部分冻鸡变质，外商据此向我方提出索赔，请问外商做法是否合理？

20.我方某公司从国外进口一批手套，合同上规定每箱60 双，共100 箱。货物运抵大连海关后，经检验发现外商擅自改为每箱50 双，共计120 箱。请问我方若据此提出拒收和索赔是否合理？

Keys to case study:

1.July 1, 15 July-25 July, 12 July, on or before 12 July, 2 August, 12 July 2.The Iuing Bank was justified in refusing payment because it acted in accordance with the relevant stipulations in the UCP 600 stipulates that If drawing and/or shipments by installments within given periods are stipulated in the Credit and any installments is not drawn and/or a shipped within the period allowed for that installment, the credit ceases to be available for that and any subsequent installments„„

In this case, the L/C from Nigeria stipulated installment shipments from June to November, and 29 Company CH shipped the goods from June to August and got paid.However, in September Company CH stopped shipping because of a heavy typhoon.In accordance with article 41, the Credit ceased to be availed for the September installment and the subsequent installments, unle otherwise stipulated in the Credit.In this case, as there no other L/C stipulations, the Iuing Bank was right.3.The lo to the stationary pertained to particular average caused by fortuitous accident while the lo to the tea was a partial one, but general average, the loes of G.A.need to be compensated by the interest parties on the proportion value saved„„The insurance company will have compensated for the loes if the goods had been insured against F.P.A.4.In this case the Chinese company had to accept the claim.According to international busine practice, the date of delivery is one of the eential terms in a contract, which means that, if one party breaches the date of delivery, the other party may ask for compensation from that party.In this case, the seller put back the real date of shipment so as to cheat the buyer and get paid from the relevant bank, thus trying to escape the responsibilities for the delay of shipment.This is not allowed in busine practice because the prices in international markets are frequently changing;therefore, time is money.If the buyer had received his goods in time, he might have been able to grasp a good opportunity and achieve a good profit.On the contrary, as a result of delay on the part of the seller, the buyer lost the chance.5.According to Article 11 of CISG: “A contract of sale need not be concluded in, or evidenced by, writing and is not subject to any other requirement as to form.It may be proved by any means, including witnees.” Though China and the US are both member countries of the CISG, China declared that it won’t be bound by Article 11 and its related articles.That is to say, any kind of contracts in China must be evidencing by writing.In this case, though both companies agreed orally as to the main terms of the sales contract, there is no writing evidencing the contract.This contract, according to Chinese law, is not effective.6 In this case the contract was concluded between Company E and Company W on FOB term, according to which the seller(Company E)ended his responsibilities when he delivered the goods on board the ship at the port of shipment.He did not need to pay for transportation of the goods or the insurance premium.Therefore, it was not right for W to ask E to pay the freight and indicate “Freight Repaid” on the Bill of Lading.The reason why W asked E to do that might be that he wanted to transfer the freight charges to E.However, in practical dealings, foreign trade companies often come acro such situations, especially when a contract is concluded with an agent, who wants to resells the goods.In this case, E might comply with W’s request, but he had to indicated that the freight should be borne by W.7.According to Article 11 of CISG: “A contract of sale need not be concluded in, or evidenced by, writing and is not subject to any other requirement as to form.It may be proved by any means, including witnees.” Though China and the US are both member countries of the CISG, China declared that it won’t be bound by Article 11 and its related articles.That is to say, any kind of 30 contracts in China must be evidencing by writing.In this case, though both companies agreed orally as to the main terms of the sales contract, there is no writing evidencing the contract.This contract, according to Chinese law, is not effective.8.The most important leon we can learn is that, it is eential for the exporter to present documents in accordance with the stipulations of the relevant LC.In this case, finding the shipping marks illegible on the LC, the export salesman in the ABC Company, instead of asking the buyer for clarification, decided the shipping marks himself.This constituted discrepancy between the documents and the LC.Article 14 of the UCP500 clearly indicates, “When the Iuing Bank authorizes another bank to pay, incur a deferred payment undertaking, accept draft(s), or negotiate against documents which appear on their face to be in compliance with the terms and conditions of the Credit…” It is clear that the documents presented must be in conformity with the stipulations in the L/C.9.The law of the United States of America applies to this contract because:(a)this was a CIF contract;(b)the place of conclusion of the contract was in the USA;(c)the place of the execution of the contract was also in the USA.The seller completed these responsibilities after he delivered the goods at the port of the USA.10.（1）提出将D/P即期改D/P90天远期，旨在推迟付款，利其资金周转。

（2）而日商指定A银行作为该批托收业务的代收行，则是为了便于向该行借单，以便早日获取经济效益。

在一般的D/P远期业务中，代收行在未经授权的情况下通常是不会轻易同意付款人借单的。该日商所以提出通过A银行代收货款的原因，当然是该商与A银行有既定融资关系，从而可取得提前借单的便利，以达到进一步利用我方资金的目的。

11.（1）案中因触礁造成船底划破，致使海水渗入货舱，造成船货的部分损失以及船舶遇恶劣气候，导致装载的某货主的一部分货物被海水浸湿的损失，属单独海损； 而因修理船只所花费的修理费和各项费用开支共8000美元属共同海损。A舱起火使一部分儿童玩具被烧毁属于单独海损；

而因灌水灭火使另一部分儿童玩具和全部茶叶被水浸湿属共同海损。

（2）在投保了平安险的情况下，被保险人有权就案中所有损失向保险公司提出赔偿要求。

12.本案买卖双方订立的是CIF合同。CIF合同的含义是卖方负担货物在装运港越过船舷前的一切责任、费用和风险。2000通则在CIF解释中的第B5款规定：“买方负担货物越过装运港的船舷后一切货损货差的风险”。因此，货船在途中沉没造成的货物损失应由买方负担，买方应接受所有单据并且按合同规定支付全部货款。在接受单据后，买方可以凭单据向保险单载明的承保人（保险公司）索赔，通常可以获得相当于货物价值1.1倍的赔偿。

13.（1）按国际贸易习惯，唛头由买方提供时在合同中应规定买方提供时间。如超过时间，卖方可提出其他补救办法，如自行规定唛头。

（2）该公司在此情况下应致电买方询问延误原因，请其快速电告所设计唛头，否则将由该公司自行规定。

14．买方的要求不尽合理。理由如下：

采用FOB术语成交，一般由买方负责租船订舱。卖方可以接受卖方的委托代为租船订舱，但卖方不承担租不到船的责任和风险。就此案例来说，因公司代为租船没有租到，买方又不同意更换条件，因此，该公司不承担因自己未租到船而延误装运的责任，买方也不能因此提出撤消合同。所以，买方的要求不合理，责任和风险应该由买方自己承担。

15.此项损失应由买方承担，买方不应该向该公司提出索赔。以CPT术语成交时，风险转移以货交承运人为界，即卖方将货物交给指定承运人，风险即由卖方转移至买方，买方可投货物保险以确保损失最小。就本案例而言，该公司已将货物交给承运人，运输途中及后期风险均由买方自己承担，因此，该公司可拒绝买方的索赔要求。

16.我方不能因床单受潮而拒付货款，也不能向卖方提出索赔。理由如下：

（1）采用CIF 术语成交时，属于象征性交货，卖方是凭单交货，买方是凭单付款，只要卖方如期向买方提交了合同规定的全套合格单据，即使货物在运输途中损坏或灭失，买方也必须旅行付款义务。反之，如果卖方提交的单据不符合要求，即使货物完好无损地运达目的地，买方仍有权拒付货款。就此案例而言，卖方提交了全套合格单据，我方应支付货款。（2）在CIF 条件下，买卖双方风险转移界限以船舷为界。货物越过船舷后的风险应由买方负担。就本案例可以看出，货物越过船舷之前是完好的，因此卖方不承担风险。我方据此不能向卖方提出索赔，可依据所投险别向保险公司提出索赔。17.该公司可向卖方提出索赔。理由如下：

按CFR 条件成交时，尽管货物在海运途中的风险已转移给买方，但买方为降低自己的风险可办理货运保险，这取决于卖方是否及时向买方发出装运通知。据惯例解释，如果卖方未及时向买方发出装运通知，导致买方未能及时办理保险手续，由此引起的损失由卖方负担。就本案例而言，该公司货物部分丢失是由于卖方未发出装船通知而公司未办理保险手续而引起的损失，故此，该公司应向卖方提出索赔。

18.按照CIP 条件成交，卖方要承担保险费和运费。因为CIP 条件适合于各种运输方式，风险是在承运人控制货物时转移，所以卖方要负责办理交货地点到指定目的地的全程运输，而不仅仅是水上运输，因此卖方应支付全程运费。就本案例而言，卖方支付了海上运输的费用，但并没有将货物送往指定目的地，因此还需支付铁路运输的费用。由此，我方应支付货款，但不需支付铁路运费，卖方行为不尽合理。

19.（1）外商做法是否合理应从两个方面来看。（2）一般来讲，保险公司不负责因包装不良所造成的损失。所以在进口合同条款中外商应对包装不善造成的损失的索赔问题做出详细规定。若买方已做出规定，包装不良造成损失由卖方负责，那么外商的做法是合理的。若买方未作具体规定，则外商做法不尽合理，应由双方协商解决，或提交仲裁机构解决。20.（1）我方据此提出拒收或索赔是完全合理的。（2）在国际货物买卖中，如一方违反了所约定的包装条件，另一方有权提出索赔，甚至可以拒收货物。由此可知，虽然外商交货数量与合同规定数量相符，但他的行为违反了合同中的包装条款，已构成违约，我方可以提出拒收或索赔。

Part VI: Calculation 1.Company A in China exports some goods in carton to UK.They quote: USD50 PER CARTON CFR LONDON.But the busineman in UK requires FOBC2 price.To meet his requirement, how much should we offer then?（Suppose：the measurement of the carton is 45CM x 40CM x 25CM;the gro weight for one carton of goods is 35kgs;the calculation standard for freight tariff is W/M;the basic freight rate is USD120 per freight ton;the BAF is 20% and the port surcharge is10%）。2.We import from Australia 1000 bales of wool.the standard weight is 136.08kg each bale.When the goods reach China, the actual weight of a bale is 137.092kg, the actual moisture measuring 11.84%.Then what is the conditioned weight in total should be?(The acceptable international standard regaining water content of wool and raw silk is 11%.)3.我某公司以CIFC3％条件出口一批货物，外销价为每公吨1000 美元，支付运费80 美元，保险费10 美元。该公司进货成本为每公吨4000 元人民币，国内直接和间接费用加15％。求该商品出口总成本、出口外汇净收入、出口换汇成本。

4.我方某公司对外报价FOB 价每公吨500 美元，外商来电要求改报CIF 纽约含佣金3％，保险费率合计为0.8％，国外运费每公吨60 美元。请计算我方应报价。

5.我方对外报价每公吨1000 美元CIF 新加坡，外商来电要求改报FOB 价中国口岸，已知保险费率为0.85％，国外运费每公吨75 美元，试计算我方应报价。

6.我方某公司对外商报价为CFR 价1000 美元，外商要求改报CFRC4％价，我方应报价多少? 7.某合同规定：CIF 香港，每公吨1000 美元，折扣2％。根据该合同成交的进出口业务中出口方每公吨净收入是多少？

8.买卖双方订立合同，规定整套机械设备初步价款为100 万美元，双方约定原材料、工资、管理费和利润在价格中的比重分别为50％、30％、20％。签订合同时物价指数、工资指数均为100，交货时原材料物价指数、工资指数分别上升至

110、112。假设双方约定按物价指数和工资指数调整价款，那么最终价格应为多少？

Keys to calculation:

1.1）measurement ton of the carton:0.45*0.4*0.25=0.045 2）weight ton of the carton:0.035 3）0.045>0.035 Based on the w/m, so choose the measurement ton 4)FREIGHT= Freight ton x Basic Freight per F/T x(1+additional freight rates)= 0.045*120*(1+20%+10%)=7.02

5)FOB=CFR-F=50-7.02=42.98(USD)

6)FOBC2=FOB/(1-commiion rate)=42.98/(1-2%)=43.86(USD)So, we offer USD43.86 PER CARTON FOBC2 CHINA PORTS.33 2.Wa x(1+standard regaining rate of water)Wc =-1 + actual regaining rate of water In which: Wa-Actual Weight Wc-Conditioned Weight

In this case: Wa = 1000 x 137.092 = 137092 KGS standard regaining rate of water = 11% actual regaining rate of water = 11.84% so, Wc = 137092(1+ 11%)/(1+ 11.84%)= 136062.34KGS 3.解：出口总成本＝4000×（1＋15％）＝4600（人民币元）

出口外汇净收入＝1000－（80＋10＋1000×3％）＝880（美元）出口换汇成本＝4600÷880≈5.227（人民币元/美元）

4.解：CIFC3％纽约价＝（500＋60）÷（1－1.1×0.8％－3％）≈582.6（美元）5.解：fob 中国岸价＝1000×（1－1.1×0.85％）－75＝915.65（美元）6.解：CFRC4％价＝1000÷（1－4％）≈1041.7（美元）7.解：出口方单位商品净收入＝1000×（1－2％）＝980（美元）8.解：按题意可知P0＝100 万，A＝20％，B＝50％，C＝30％，M＝110，M0＝100，W＝112，W0＝100 则最终价格P＝100×（20％＋50％×110/100＋30％×112/100）＝108.6（万美元）