国际贸易实务 第八章

4) Re-inspection复验
If re-inspection is permitted by the contract, the time and place of re-inspection should be set out clearly. The choice of the time and place is largely related to the nature of commodity. . With regard to the place of re-inspection, there are several alternatives: on the dock, in bond (before paying Customs duty), final destination, and buyer’s business premises.
Commodity Inspection
1) Place and time of inspection 2) Inspection agency and certificate 3) Methods and standards of inspection 4) Re-inspection 5) Receipt and acceptance

1) Place and time of inspection 检验时间和地点
Shipping quality and quantity 出口国检验 Landed quality and quantity 进口国检验 Inspection at the port of shipment and reinspection at the port of destination 出口国 检验，进口国复验 Shipping quantity and landed quality 装运港 检验质量，目的港检验品质

2) Inspection agency and certificate 检验机构 检验证书
It should be clearly stated in the contract what certificates are needed according to the nature of the goods and the laws of the importing country. Most frequently used certificates are: Inspection Certificate of Quality 品质检验证书 Inspection Certificate of Weight 重量检验证书 Inspection Certificate of Value 价值鉴定证书 Inspection Certificate of Origin 产地证明书

6) Claim 索赔
When one party to a contract fails to fulfill his obligations and causes the other party financial losses, the latter would demand the former to compensate him for the losses. This demand is called a claim. Discrepancy and claim clause 异议与索赔条款 Penalty clause 罚金条款
学号：08080344X03 姓名：田婧
Contents
1 2 Inspection Force Majeure
3 Private Dispute Resolution
Commodity Inspection 商品检验

Commodity inspection, therefore, is an in dispensable part of international trade and inspection clause is an indispensable clause of a contract to protect the interests of both the buyer and the seller while cargo standards may enormously from country to country.

6) Claim 索赔

To file or to settle a claim, the following points should be first considered:
• whether the claim is justified by the contract. • whether the claim is made in time; and • whether the claim is well supported by good documentation.

1) Place and time of inspection 检验时间和地点
There are two places (exporting country and importing country) where inspection can be carried out and quality and quantity are the two key items to be inspected. Generally speaking, there are four ways to stipulate the place and time of inspection of quality and quantity.
Force MaΒιβλιοθήκη eure 不可抗力Force majeure is a common clause in contracts which essentially frees one or both parties from liability or obligation when an extraordinary event or circumstance beyond the control of the parties prevents one or both parties from fulfilling their obligations under the contract.
6) Claim 索赔




If it is justified, timely and well-supported, a claim can be settled in the one of the following ways: Making refund with compensation for other direct losses and expenses such as banking charges, storage and inspection charges, etc; Devaluating the goods according to the degree of inferiority, extent of damage and amount of losses; and Replacing the defective goods with new ones that conform to the specifications, quality and performance as stipulated in the contract

5) Receipt and acceptance
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. Acceptance means that the buyer has the control of the goods with consent regarding the goods delivered.
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2) Inspection agency and certificate 检验机构 检验证书
Certificate Certificate is a general name and it can be issued to include different items of inspection such as weight, quality, packaging, etc. Certificates are used to verify whether the goods are in conformity with the terms of contract.
2) Inspection agency and certificate 检验机构 检验证书

private inspection companies：
Underwriter‘s Laboratory 美国担保人实验室 • Lloyd’s Surveyor 劳埃氏公证行 • International Wool Secretariat 国际羊毛事务局 • China National Import & Export Commodities Inspection Corporation 中华人民共和国国家出入境检验检疫局

2) Inspection agency and certificate 检验机构 检验证书
Agency
There are mainly two types of inspection agencies : state inspection agencies and private inspection companies. state inspection: Food and Drug Administration (FDA) 美国食品药物管理局