国际贸易实务英文版第二版课后习题答案(2)

及原因。

Chapter 4 Terms of Commodity I. Multiple choices II. True or false statements 1 C F 2 C F 3 D F 4 D T 5 B F 6 C F 7 C T 8 B F 9 D F 10 B F

III. Calculation

Company C has a contract to export 10 metric tons of Seafood, to be packed in cartons each of 40 lb. (lib =0. 45 358kg), with a 5% more or less allowed both in quantity and in amount. 1. How many cartons of Seafood can Company C deliver at most? 2. How many cartons of Seafood should Company C deliver at least? 1 lib =0. 453 58kg, so 40 lb = 18. 144kg

Maximum: [10x l 000kg x (1 +5%) ]/18. 144= 578.7 (Attention: 0. 7 should be deleted here) = 578 cartons Minimum: [10 xl 000kg x (1 -5% ) ]/18. 144= 523.6 (Attention: 0, 6 should be added here) = 524 cartons Answer: 1) At most, Company C can deliver 578 cartons of Seafood.

2) At least, Company C should deliver 524 cartons.

IV. Explain the following terms 1. quality latitude

Quality latitude means the permissible range within which the quality of the goods delivered by the seller may be flexibly controlled. 2. quality tolerance

Quality tolerance refers to the quality deviation recognized (e. g. by some industry), which allows the quality of the goods delivered to have certain difference within a range. 3. sale by counter sample

A counter sample is a replica made by the seller of the sample provided, normally by the buyer. In a sale by counter sample, the counter sample will replace the original sample and become the final standard of quality of the transaction. By means of a counter sample, the seller would be more comfortable to prepare the mass products according to a sample provided by himself. Even in the worst scenario that the buyer later finds the counter sample does not match with the original, the seller will not carry any responsibility as the counter sample has been confirmed by the buyer. 4. gross for net

In the case of \practice will be adopted when the packing may become an indivisible part of the product, such as tobacco flakes; or the packing material is almost of the same value as that of the goods, like grain and fodder. 5. standard regain

Standard regain (rate) refers to the ratio between the water content and the dry weight of the goods which is accepted in the world market or agreed upon by the seller and the buyer. 6. conditioned weight

Conditioned weight is adopted for some commodities like wool which is not usually packed in a vacuum container and tends to absorb moisture, as the weight of these commodities is likely to be unstable due to the fluctuation of their actual moisture content and varies greatly from time to time, and from places to places. In addition, these products are of high value, it becomes important for the buyer and seller to reach an agreement on the concept of weight. 7. more or less clause

\

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the seller to deliver the goods with a certain percentage of more or less in quantity accordingly. The use of \practice it is not that easy to control the quantity of goods supplied strictly and exactly.

A more or less clause usually concerns three issues: 1 ) how much more or less should be allowed; 2) which party is entitled to make the decision; and 3 ) how should the more or less portion of the goods be priced. 8. shipping marks

Shipping marks are a type of marking on the shipping packing. It quickens the identification and transportation of the goods and helps avoid shipping errors. International standard shipping marks are usually made up of four parts: 1) Consignee's code; 2) Destination; 3 ) Reference No. and 4) Number of packages. 9. F. A. Q.

F. A. Q. is the abbreviation of \quality of the product offered is about equal to the average quality level of the same crop within a certain period of time (e. g. a year. ). 10. neutral packing

Neutral packing is a special type of marking rather than a type of packing as its name may indicate. While neutral packing is required, no marking of origin or name of the manufacturer should appear on the product, on the shipping packing or sales packaging. V. Short questions

1. What are the two common ways of indicating quality of goods for export?

Sale by description and sale by sample are the two common ways of indicating quality of goods for export. Sale by description is a way to specify the quality of most commodities in international trade. Sale by description may take the form of sale by specification, sale by grade, sale by standard, sale by brand name or trade mark, sale by origin and sale by descriptions or illustrations.

A sale is made by sample when the seller and buyer agree that samples are used as reference of quality and condition of the goods to be delivered. This method is used when it is difficult to describe quality of the commodity by words. According to the supplier of the sample, there are three cases under sale by sample: sale by seller's sample, sale by buyer's sample and sale by counter sample.

2. What are the issues to be concerned when specifying quality clause in a sales contract? When stipulating a quality clause in a sales contract, the following are to be concerned:

~ adopting the right way to stipulate the quality: Sale by description is applicable to commodities of which quality can be expressed by some scientific indices. While sale by sample is adopted when it is difficult to describe quality of the commodity by words.

~ avoiding double standard, either by description or by sample: When samples are required under a sale by description, it is essential to indicate that the sample is for reference only.

~ making use of the quality latitude which allows the seller to have flexibility in controlling the quality because absolute quality is difficult or even impossible to handle.

~ in case of a sample provided by the buyer, making use of protecting clause. 3. What are the common ways to measure the weight of export goods.'?

The common ways to measure the weight of export goods include gross weight, net weight, conditioned weight, theoretical weight and legal weight.

~ Gross weight refers to the weight of the commodity plus the weight of the packing. Gross weight is applicable to commodities of comparatively low value.

~ Net weight means the actual weight of a commodity itself excluding the weight of the packing. According to CISG Article 56, the weight of a commodity is calculated by its net weight unless otherwise stated in the contract.

~ Conditioned weight is adopted for moisture unstable commodities with high value, such as wool.

~ The weight is a theoretical weight when the total weight of the product is calculated by multiplying the total

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quantity and the unit weight, rather than measured actually. Theoretical weight is applicable to commodities of standardized sizes and specifications.

~ Legal weight is the weight of the goods including the immediate, inner, or direct packing of the goods. According to the customs laws and regulations in some countries, legal weight is usually used as the basis for tariff calculation.

4. What are the different ways of calculating the tare when net weight is used?

In international trade, tare can be calculated by actual/real tare, by average tare, by customary tare or by computed tare when net weight is used and the weight of packing, i. e. the tare, must be deducted.

~ Actual/real tare refers to the actual weight of the packing of the commodities. In order to get the actual tare of the goods, each packing of a good has to be weighed in order to get a total.

~ By average tare, the weight of the packing is calculated on the basis of the average. The average tare can be calculated by weighing a part of the packing of the commodities and working out the average when the packing materials are uniform and the specifications of goods are standardized.

~ The packing of some commodities are unified and standardized and the weight of the packing is known and accepted by everyone. In this case, the recognized weight of the packing, which is called the customary tare, can be used in calculating the net weight.

~ Computed tare is the weight of the packing agreed upon by the parties concerned. In this case, the net weight is calculated by deducting the tare previously agreed upon from the gross weight of the commodity. 5. What are the issues to be concerned when specifying quantity clause in a sales contract? When stipulating a quantity clause in a sales contract, the following are to be concerned: ~ adopting the right unit measurements

In international trade, the quantity of commodities is always shown as a specific amount in different measurement units such as weight, number, length, area and volume, etc. Since different commodities have different natures and characteristics, the adoption of measurement units varies. Therefore, the quantity of the contract commodity must be measured in the right measurement unit. ~ being aware of different measurement units

Due to the existence of different measurement systems in the world, traders need to be aware of the consistency of system. A notable fact is that some units in different systems carry the same name though; they are indicating standards of measurement with significant difference. In addition, it is true that due to the local background and customary practice, different countries adopt different systems of measurement. Therefore, traders need to clarify the use of unit and measurement system to avoid unnecessary disputes.

~ making use of the more or less clause which allows the seller to have flexibility in making shipment because absolute quantity is difficult or even impossible to handle .

\the seller to deliver the goods with a certain percentage of more or less in quantity accordingly. The use of \practice it is not that easy to control the quantity of goods supplied strictly and exactly. VI. Case Studies

1. XYZ Company signed a contract to export Red Dates. The contract specified that the dates should be \3\of higher quality, Grade 2, were used as substitutes. The seller proudly marked the invoice, \sold at the price of Grade 3\

(1) Could the buyer refuse to accept the goods? Why or why not? (2) Would you do differently if you were the seller? How?

析：本题的解题要点：1)联合国国际货物销售合同公约第三十五条(1)卖方交付的货物必须与合同所规定的数量、质量和规格相符，并须按照合同所规定的方式装箱或包装；2)合同本身的品质规定是“Grade 3”；3)实际所交货物的品质是“Grade 2”。

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(1)答案：Yes，买方可以拒收货物。不论品质比规定的好或差，只要实际所交货物的品质与合同本身的品质规定不同，就是不符。在此情况下，买方有权利拒收货物。

答题切入点：品质不符的理解。

(2)答案：Yes，如果我是卖方，我会与买方磋商，寻求买卖双方都能接受的处理方法。 答题切入点：与买方磋商解决。

2.ABX Company sent a sample of exporting goods to a German buyer during negotiation. Later, a contract was signed, and the provision of the goods was, \cabled the buyer, \as per sample\After taking the delivery, the buyer had the goods inspected. Although the quality conformed to the terms of the contract, it was lower than that of the sample by 7%. As a result, the buyer filed a claim for compensation. Did the seller make any mistake? Why or why not?

析：答案：Yes，买方可以向卖方提出索赔，因为卖方交付的货物的品质与样品不符；在这笔交易中，卖方犯了起码两个错误：

错误1)：品质条款没有品质机动

某些产品(如农副产品等)的质量具一定的不稳定性，为了交易的顺利进行，在规定其品质指标的同时，应制定一定的品质机动幅度，允许卖方所交的货物的品质指标在一定的幅度内有灵活性。否则单一的品质指标难以达到，往往给卖方履行合同带来困难。

答题的切入点：品质机动条款

错误2)：品质规定用了双重标准，既凭合同规格买卖，又凭样品买卖。

表示品质的方法很多，品质条款应视商品的特性而定，采取合理的品质规定。凡是能用一种方法表示某种品质的，一般就不宜用两种或两种以上的方法来表示。根据联合国国际货物销售合同公约，如同时采用既凭样品又凭规格买卖，则要求卖方交付的货物的品质必须既与样品一致，又要符合合同所规定规格，要做到两全其美，难以办到，往往给卖方履行合同带来困难。

答题的切入点：品质规定的双重标准，既凭合同规格又凭样品买卖。

3. ABC Company signed a contract to export rice. The quantity was 10 000 tons. After taking the delivery, the foreign buyer demanded an additional 160 metric tons of rice. What went wrong?

析：本题的解题要点：合约中的数量为“吨”，是不明确的规定。“吨”，在实行公制的国家一般理解为公吨，每吨为1 000公斤；在实行英制的国家一般理解为长吨，每吨为1 016公斤；在实行美制的国家一般理解为短吨，每吨为907公斤。所以，当卖方理解为公吨，每吨为1 000公斤；而买方理解为长吨，每吨为1 016公斤是，这份合约下卖方实际交货的数量与买方预期收货数量的差别为160公吨[(1 016kg-1 000kg)×100 000=160 000kg = 160 metric tons]。

答案：是买卖双方对合约数量规定的“吨”有不同的理解。

答题的切入点：1)数量规定不明确；2)不同度量衡制度下的“吨”表示的实际数量不同。

4. A Beijing company signed a contract to import wool from Australia. The quantity was specified as \When the wool was delivered, it had a regain of 33%. (1) What is a regain rate?

(2) Why did the buyer get a bad deal?

(3) If the standard regain is 10% , and actual regain is 33% , what is the conditioned weight?

析：本题的解题要点：1)文中提到合同约定的数量是“20MT”，应理解为净重。因为计算重量的方法有毛重，净重，公量等，而根据联合国国际货物销售合同公约第五十六条，如果价格是按货物的重量规定的，如有疑问，应按净重确定。2)合同商品的羊毛，具有较强的吸湿性，其所含的水分受客观环境的影响较大，故其重量很不稳定。为了准确计算这类商品的重量，国际贸易中买卖双方通常会约定标准(公定)回潮率，采用按公量计算的办法。

(1)答案：回潮是指货物(纤维材料)在环境温度下吸湿含水的现象。回潮率则是指货物(纤维材料)含水重量占货物(纤维材料)干重的百分比。

答题的切入点：回潮(率)的概念。

(2)答案：买方这笔交易不划算。因为合同中没有明确规定计算重量的方法，只能按净重计算。因此当卖方实际交货的羊毛，因具有较强的吸湿性而其所含的水分高达33%是，买方也别无他法，只得

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按净重(连带33%的水分)计算付款。

答题的切入点：合同约定计算重量的方法不明确。 (3)答案：如按公量计算，这批货只有16．54公吨。

计算：Conditioned Weight=Actual Weight×[(1+Standard Regain Rate)/(1+Actual Regain Rate)]=20×[(1+10%)/(1+33%)]=16.54

答题的切入点：公量的计算。

5. KH Company was exporting bicycles to the US. The contract stipulated, \the letter of credit stated, \The invoice and shipping documents were marked \K. D. \But at the port of destination, the customs imposed a severe penalty on the goods, and the buyer demanded compensation from the seller. Was the buyer entitled to the compensation?( C. K. D. : Completely Knocked Down, S. K. D. : Semi Knocked Down)

析：本题的解题要点：导致买方被海关罚款的原因是单货不符。单货不符的原因是卖方实际交货的包装与信用证规定不符；导致实际交货的包装与信用证规定不符的原因是信用证规定的包装与合同不符(或合同规定不够详细明确)。

答案：Yes，买方应得到赔偿。

答题的切入点：导致买方被海关罚款的直接原因；单货不符的责任方。

Chapter 5 Cargo Transportation I. Multiple choices II. True or false statements 1 D T 2 B F 3 C T 4 D F 5 B T 6 A F 7 A F 8 C F 9 B T 10 A T

III. Calculation

1. The price quoted by an exporter was \ The importer requested a revised CFR Liverpool price. If the size of each case was 50cm x 40cm x 30cm, gross weight per case was 40kg, freight basis was W/M and the quotation for Liverpool is USD100 per ton of carriage, plus 20% bunker adjustment factor (BAF) and 10% currency adjustment factor (CAF), what would be the CFR price? W = 40kg = 0.04m/t

M = 50cm x 40cm x 30cm = 0.5 x 0.4 x 0. 3 = 0. 06cm3

M > W, M will be used as freight basis for freight calculation

Freight per case = M x basic freight rate x ( 1 + BAF rate + CAF rate) =0.06x100x(l+20% +10%) =USD7.8 CFR = FOB + Freight = 38 + 7.8 = USD45.80

Answer: The CFR price would be USD45.80 per case CFR Liverpool.

2. One consignment of 10 cartons of leather shoes, measurement of each carton is 50x50x50cm, gross weight of each is 15KG. The air freight rate quoted for the flight required is USD1.3/KG. How much air freight should be paid to the carrier? W = 15kg

M= (50 x50 x50)/ 6 000cm3=20. 83kg M>W

Freight = USD1.3/kg x 20. 83 x 10 cartons = USD270. 79 Answer: The air freight is USD270. 79.

3. Company A is to deliver a small consignment of Hardware (Total: 120ctn/3cbm/6.5mt) from Shenzhen, China to Berlin, Germany. The LCL ocean freight rate is USD45.00 per rate ton (lcbm:lmt). How much is the freight?

Total Weight = 6.5m/t

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