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精品文档 1欢迎下载 1 询盘 EnquiryEnquiry inquiry refers to the buyer in order to buy or the seller in order to sell goods to ask to each other about trading conditions 2 接受 Acceptance Acceptance In business law an acceptance is the assent to the terms of an offer It must be absolute and unconditional 3 商品的品质 SaleSale byby seller sseller s samplesample made on the basis of the sample provided by the seller SaleSale byby buyer sbuyer s samplesample made on the basis of the sample provided by the buyer SaleSale byby countercounter samplesample Counter sample a replica made by the seller of the sample provided normally by the buyer counter sample used as the basis for quality to remove the risk of the seller a good substitute to sale by buyer s sample 4 重量 gross weight 毛重 net weight 净重 Tare 皮重 Conditioned weight 公量 equals to the dry weight of a commodity plus the standard moisture content Conditioned weight Dried net weight x 1 Standard regain rate Theoretical weight 理论重量 Unit weight x Quantity Legal weight 法定重量 Net weight Tare immediate packing 5 商品包装 bulk commodities 散装 nude packed commodities 裸装 Packed commodities 包装 NeutralNeutral packingpacking 中性包装 means that there is neither a name of the origin nor a name of the factory nor a trade mark a brand or even any words on the packing of the commodity and the commodity itself It includes two kinds packing with trade mark designated by the buyer but without the mark of the manufacturers origins packing without trade mark and origins as well as the mark of the manufacturers 6 贸易术语 Warsaw Oxford Rules is made by International Law Association which only defines CIF contracts 海洋和河内运输 FAS FOB CFR CIF 任何 EXW FCA CPT CIP DAT DAP DDP 装运港交货 FOB CFR CIF 向承运人交货 FTA CIP CPT 目的地交货 DAT DAP DDP FOB FreeFree onon boardboard The seller is responsible for shipping the contracted goods on board the ship dominated by the buyer at the port of shipment within specific period and bearing all costs and risks before the goods are on board the vessel CFR CostCost andand freight freight The seller is responsible for booking space and delivering the goods on board the vessel sailing for the destination in due time according to the contract and covering the risks and expenses during carriage the risks are transferred when goods are delivered on board CIF CostCIF Cost InsuranceInsurance andand Freight Freight CIF means that the seller delivers the goods on board the vessel The risk of loss of or damage to the goods passes when the goods are on board the vessel The seller must contract for and pay the cost and freight necessary to bring the goods to the named port of destination The seller also contracts for insurance cover against the buyer s risk of loss of or damage to the goods during the carriage The buyer should 精品文档 2欢迎下载 note that under CIF the seller is required to obtain insurance only on minimum cover 7 国际运输 Liner Transport 班轮运输 A A linerliner isis vesselvessel with regular sailings and arrivals and sails on a fixed regular sailing route and calls at fixed regular base ports 特点 特点 a Fixity namely fixed routes fixed ports of call fixed dates and fixed rates 四固定 b Responsibility 一负责 c Liabilities obligations and exemptions of liners and the shipper are all on the basis of the bill of lading issued by liners 权利 义务 责任豁免 ShippingShipping byby CharterCharter 租船运输 It means a freight carrying vessel which has no regular route or schedule of sailings or port or freight The shipper charters ship from the ship owner and uses it to carry the goods InternationalInternational Multi modalMulti modal TransportTransport 国际多式联运 It involves the transportation of freight in an international container or vehicle using multiple modes of transportation rail ship and truck without any handling of the freight itself when changing modes 8 海运提单海运提单 BillBill ofof ladinglading B L B L a document issued by an ocean carrier to a shipper with whom the carrier has entered into a contract for the carriage of goods 作用 作用 a receipt of cargo an evidence of contract of carriage a document title to the goods 9 保险 Perils of the Sea 海上风险 Natural Calamities 自然灾害 Fortuitous Accidents 意外事故 Extraneous Risks 附加其他风险 General Extraneous Risks Special Extraneous Risks 特殊附加风险战争等 ActualActual TotalTotal Loss Loss 实际全损 It means that the insured subject matter is totally and irretrievably un savable lost ConstructiveConstructive TotalTotal Loss Loss 推定全损 It is estimated that the actual total loss of cargo is inevitable or the cost of salvage or recovery could have exceed the value of the cargo Partial loss 部分损失 GeneralGeneral Average Average 共同海损共同海损 It refers to a certain special sacrifice and extra expense intentionally incurred for the general interests of the ship owner the insurer and the owners of the various cargoes abroad the ship When a ship is in danger the captain must make a decision and one of shippers will suffer In order to compensate the special sacrifice all the others will club together to re compensate him for loss ParticularParticular average average 单独海损单独海损 It means that a particular cargo is damaged by any cause and the degree of the damage does not reach a total loss i e only a partial loss which shall be borne by the owner of this individual consignment FreeFree fromfrom particularparticular averageaverage F P A F P A 平安险平安险 WithWith particularparticular averageaverage W P A W P A 水渍险水渍险 I It covers partial loss due to vile weather lightning tsunami earthquake and or flood as well as the risks covered under F P A condition as mentioned above AllAll risks risks 一切险一切险 Aside from the risks covered under the F P A and W A conditions as above this insurance also covers all risks of losses or damage 精品文档 3欢迎下载 to the insured goods whether partial or total arising from general additional risks 保险金额计算保险金额计算 insurance amount CIF price 1 markup percentage 加成率 premium 溢价 insurance amount premium rate InsuranceInsurance Policy Policy 保险单保险单 It is the most widely used insurance document Contents of the insurance policy usually include The detailed content InsuranceInsurance CertificateCertificate 保险凭证保险凭证 It is a kind of simplified insurance policy and the rights and obligations of two parties are omitted But it has the same legal validity as the insurance policy 10 支付工具 A A billbill ofof exchangeexchange 汇票 汇票 is an unconditional order in writing addressed by one person to another signed by the person giving it requiring the person to whom it is addressed to pay on demand or at a fixed or determinable further time a sum certain in money to or to the order of a specified person or to any bearer ClassificationClassification ofof thethe billbill ofof exchangeexchange 汇票分类 汇票分类 a According to the drawer it is divided into banker s draft and commercial draft b According to whether accompanied with shipping documents it can be classified into clean bill and documentary bill c According to the time of payment it is divided into sight bill and time bill or usance bill A A promissorypromissory notenote 本票本票 is an unconditional promise in writing made by one person to another signed by the maker engaging to pay on demand or at a fixed or determinable future time a sum certain in money to or to a order of a specified person or to a bearer Promissory note is classified 分类 into bank note and commercial note Bank note is issued by the bank but commercial note is issued by the business or the person 11 The11 The differencedifference betweenbetween thethe billbill ofof exchangeexchange andand promissorypromissory notenote 汇票本票区 汇票本票区 别 别 a Promissory note two parties involved bill of exchange three parties involved b The drawer of the promissory note is the payer and time promissory note doesn t need endorsement time bill of exchange needs endorsement c In any cases the drawer of the promissory note is the main debtor 债务人 For bank draft the drawer of bill of exchange is the main debtor before acceptance but after acceptance the acceptor become the main debtor 12 支付方式 MailMail transfertransfer M T M T 信汇信汇 The buyer gives money to a local bank which sends a trust deed 契约 for payment to it s correspondent bank at the seller s end by mail and entrusts it with the task to pay money to the seller TelegraphicTelegraphic transfertransfer T T T T 电汇电汇 At the request of the buyer a local bank sends a trust deed for payment by cable directly to it s correspondent bank at the seller s end and entrusts the work to it to pay money to the seller DemandDemand draftdraft D D D D 票汇票汇 The buyer buys a draft from a local bank and sends it by mail to the seller the seller or his appointed person can collect money from the relative bank at his end against the draft sent by the buyer 精品文档 4欢迎下载 CollectionCollection 托收托收 Collection means that the exporter asks his bank to arrange for the acceptance or payment of the bill overseas and the bank will carry his task through it s own branch office abroad or a correspondent bank 信用证信用证 In simple terms a L CL C is a conditional bank undertaking or guarantee of payment Expressed more carefully it is a written undertaking by a bank given to the seller at the request and in accordance with the instructions of the buyer to effect payment up to a stated sum of money within a prescribed time limit and against stipulated documents 信用证分类信用证分类 According to whether the draft is accompanied with the shipping document L C is divided into Documentary L C 跟单信用证 and Clean L C 光票信用证 According to whether the

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