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单击此处编辑母版标题样式,单击此处编辑母版文本样式,第二级,第三级,第四级,第五级,*,CHAPTER,1,6 INSPECTION,CLAIM,FORCE MAJEURE AND ARBITRATION,Commodity Inspection,Claim,Force Majeure,Arbitration,1 Commodity Inspection,Importance of commodity inspection,An indispensable part in the transfer of the goods.,A buyer has not lost his right to reject the goods unless and until he has had a reasonable opportunity of examining them.,On most occasions,inspection by authoritative,impartial inspection bodies is required.,The certificates issued by inspection bodies serve as proofs for transferring the goods,lodging and settling claims.,2.Time and places of commodity inspection,(1)Provisions in CISG (Article 38),The buyer must examine the goods,or cause,them to be examined,within the,shortest period,.,If the contract involves carriage of the goods,examination may be deferred until after the,goods have arrived at their,destination,.,If redirected in transit or re-dispatched,the,seller knew or ought to have known of the,possibility of such,redirection or re-dispatch,examination may be,deferred,until the goods have,arrived at the,new destination,.,(2)Three ways of stipulating the place and time of,inspection in the contract,Shipping quality and weight;,Landed quality and weight;,Inspection at the port of shipment and,re-inspection at the port of destination.(,),3.Commodity inspection body,Governmental,AQSIQ:,General Administration of,Quality Supervision,Inspection,and Quarantine(China),FDA:,Food and Drugs Administration(USA),SGS:,瑞士日内瓦通用鉴定公司,UL:,美国保险人实验室,Lloyd Surveyor,B.V.,英国劳合氏公证行,NKKK:,日本海事鉴定协会,Non-,governmental,Three basic tasks of the State Commodity Inspection,authorities(China):,Statutory,Inspection,Formulate the List of Import and Export,Commodities Subject to Inspection Enforced,by the Commodities Inspection Authorities,System of import safety license and,export quality license.,Hygiene registration system.,Quality certification marks.,Commodity inspection marks.,Supervision,and control,Survey,Accept the entrustment for surveying,service of import and export commodities,4.Commodity inspection standards,The mandatory standards;,(2)The standards stipulated in the contract;,(in the absence of,mandatory standards or the mandatory standards are lower),(3)The standards of the producers country.,(if the above two are not available),5.Commodity inspection clause,“It is mutually agreed that the Inspection Certificate of Quality and Quantity(weight)issued by the China Import and Export Commodity Inspection Bureau at the port of shipment shall be part of the documents to be presented for negotiation under the relevant L/C.The Buyers shall have the right to re-inspect the quality(weight)of the cargo.The re-inspection fee shall be borne by the Buyers.,2 Claim,Liabilities of breach of contract,(1)Implication of breach of contract,Breach of contract:Actual failure or refusal to perform contract without a legitimate legal excuse.,Seller:,fails to deliver the goods;,fails to deliver the goods within stipulated time;,delivers the goods that do not conform to the contract.,Buyer:,fails to open the relevant L/C;,wrongly refuses to accept the goods;,fails to dispatch vessel under FOB.,(2)Liabilities of breach of contract,2.Claim clause in the contract,Discrepancy and claim clause,“Claim:Any claim by the Buyers regarding the goods shipped shall be filed within 30 days after arrival of goods at the port of destination specified in the relative Bill of Lading and supported by a survey report issued by a surveyor approved by the Sellers.,(2)Penalty clause,Penalty clause regarding the Sellers delay in delivery,“Should the Sellers fail to,make delivery on time,as stipulated in the contract,the Buyers shall agree to postpone the delivery on condition that the Sellers agree to pay a penalty which shall be deducted by the paying bank from the payment under negotiation,or by the Buyers direct at the time of payment.The rate of penalty is charged at,0.5%,of the total value of the goods whose delivery has been delayed for every seven days,odd days less than seven days should be counted as seven days.,But the total amount of penalty,however,shall not exceed 5%of the total value of the goods involved in the late delivery.In case the Sellers fail to make delivery ten weeks later than the time of shipment stipulated in the contract,the Buyers shall have the right to cancel the contract and the Sellers,in spite of the cancellation,shall still pay the aforesaid penalty to the Buyers without delay.,Penalty clause regarding the Buyers delay in opening of L/C,“Should the Buyers for its own sake fail to open the letter of credit on time stipulated in the contract,the Buyers shall pay a penalty to the Sellers.The penalty shall be charged at the rate of 0.5%of the amount of the Letter of Credit for every ten days of delay in opening the Letter of Credit,however,the penalty shall not exceed 5%of the total value of the Credit which the Buyers should have opened.Any fractional days less than ten day
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