Contents Of International Sale Of Goods
International goods A sales contract is an agreement reached between the parties involved in buying and selling certain goods in different countries, which is the basis for each party to fulfill their agreed obligations, and is also the basis for remedies and disputes in case of breach of contract. To this end, an effective International goods The sales contract must have the necessary content, otherwise it will make the parties have difficulty in fulfilling their obligations, remedies for breach of contract or dealing with disputes.
Generally speaking, International sale of goods The contract should include the following 7 aspects:
一、品質條款(Quality Clause)
Quality of Goods refers to the integration of the internal quality and appearance of a commodity. The former includes natural properties such as physical properties, mechanical properties, chemical composition and biological characteristics of the commodity; the latter includes the appearance, color, style, or pparency of the merchandise. The basic content of the quality clause is the name, grade, standard, specification, trademark or brand of the commodity being traded. Ways to express quality (1) in kind, the quality is expressed in physical terms, including the actual quality of the commodity and the sample. 1. see spot deal When the seller and the buyer use the spot paction, the buyer or his agent usually checks the goods at the place where the seller holds the goods. Once the paction is concluded, the seller should inspect the goods delivered according to the other party's inspection. As long as the seller delivers the goods that have been inspected, the buyer shall not object to the quality. This practice is mostly used in consignment, auction and sale business. 2. paction by sample. A sample usually refers to a small amount of material that is extracted from a batch of goods or designed and processed by the production and use department to reflect and represent the quality of the whole batch. In international trade, according to the difference of sample providers, it can be divided into the following categories: (1) seller's sample (Seller "s Sample") (2) buyer's sample (Buyer "s Sample") (3) the equivalent sample (Counter Sample), also known as the "confirmation sample". (two) presentation of quality by description Quality is defined by instructions. It means using words, charts, photographs and so on to explain the quality of traded commodities. In this way of expressing quality, it can be subdivided into the following: 1. sale by specification (Sale by Specification) 2. Sale by Grade 3. Sale by Standard 4. Sale by Descriptions and Illustrations 5. trade by trade mark (Trade Mark) or brand (Brand Mark). 6. Name of Origin. Quality Latitude refers to the quality that the Seller agrees to allow the seller to deliver, which is slightly different from the quality of the contract, provided that the buyer does not have the right to reject it as long as it does not exceed the scope of the motor range. Quality tolerance (Quality Tolerance) refers to the error of product quality stipulated by international business organization or recognized by different industries. The quality reduction clause is attached to the quality clause, which stipulates the corresponding adjustment of the price of the goods when the quality of the goods delivered is different from the requirements of the quality clause in the contract.
二、數量條款(Quantity Clause)
The basic content of the quantity clause is to stipulate the quantity of delivery and the unit of measurement used. If the goods are calculated by weight, the method of calculating the weight should be stipulated, such as gross weight, net weight, gross and net weight, etc. Unit of measurement and measurement method of commodity quantity 1. determine unit of measurement according to variety. International Trade Different commodities need different units of measurement. The following are usually used: (1) by weight: grams, kilograms, metric tons, long tons, short tons, pounds, carats. (2) by number: piece, double, set, hit, roll, roll, roll. (3) length, metre, foot, and yards. (4) area: square meters, square feet, square yards. (5) by volume: cubic meters, cubic feet, cubic yards. (6) by volume: liters, gallons, quarts. 2. differences in measurement units due to the different systems of weights and measures in different countries. Due to the different systems of weights and measures in the world, the number of units represented by the same unit of measurement varies. In international trade, The (Metric System), The (Britain System), American system (The U. S. System) and international standard measurement organization are adopted on the basis of the metric system. According to the Metrology Law of the People's Republic of China, "the State adopts the international system of units. The international unit system of measurement and other units of measurement selected by the state are the national legal units of measurement. " At present, in addition to some specific areas, it is generally not allowed to use illegal units of measurement. In addition to taking care of the measurement units of the metric system, the British system or the US system, the export commodities of our country should use the legal units of measurement in China. The import of machinery and equipment and instruments in China shall be subject to the use of legal units of measurement. Otherwise, it is generally not allowed to import. If there is a special need, it must also be approved by the relevant standards. The above systems of weights and measures result in differences in the quantities expressed by the same unit of measurement. For example, in terms of the tonnes of weight, the metric countries generally adopt metric tons of 1000 kg per metric ton, and the British countries generally adopt long tonnes, which are I016 kilograms per long ton, and the United States system generally adopts short ton, and each short ton is 907 kilograms. In addition, some countries also have customary or statutory units of measurement for certain commodities. Method of calculating weight
stay International Trade A lot of goods are measured by weight. According to general business habits, there are usually several methods of calculating weight: 1. gross weight (Gross Weight) Gross weight refers to the weight of the commodity itself plus the weight of the package. This method of weighting is generally applicable to low value commodities. 2. net weight (Net Weight) Net weight refers to the weight of the commodity itself, that is, the actual weight of the goods after the packaging is removed. Net weight is the most common method of weighing in international trade. However, some low value agricultural products or other commodities are sometimes weighed by "Gross for Net". When using net weight to calculate weight, how to calculate packing weight has the following international practices. (1) calculate according to Actual Tare or Real Tare. (2) calculated according to the average tare (Average Tare). (3) calculate by customary tare weight (Customary Tare); (4) calculated according to the agreed tare (Computed Weight). 3. Conditioned (Weight) Some commodities, such as cotton, wool and raw silk, have relatively strong hygroscopicity. The moisture contained is greatly influenced by the objective environment, and their weight is very unstable. In order to accurately calculate the weight of such goods, the international calculation is usually based on the common amount. The calculation is based on the clean weight of the goods (i.e. the weight after drying the commodity water) plus the weight of the product of the international regurgi tion and the clean weight. 4. theoretical weight (Theoretical Weight) For some commodities that are produced and traded according to fixed specifications, the total amount can be calculated from the number of goods, if their weight is the same or the weight of each piece is the same. 5. legal weight (Legal Weight) and physical net weight (Net Weight) According to the provisions of the Customs Law of some countries, the weight of the goods is calculated by the statutory weight when the amount tax is collected. The so-called legal weight is a commodity plus the weight of the packaging materials directly touching the goods, such as the sales package, and the weight of the pure goods represented by the weight is called net weight in kind. Relevant provisions on the magnitude of the terms of reference In order to facilitate the execution of contracts and avoid disputes, the quantity clauses in import and export contracts should be specific and specific. Generally speaking, it is not appropriate to use the words "approximate", "approximate", "left and right" (About, Circa, Apporoximate) and so on. More or Less Clause means that the quantity of delivery can be increased or reduced in the quantity terms of the contract, but the increase or decrease shall not exceed the stipulated percentage.
三、包裝條款(Packing Clause)
Commodity packaging is the continuation of commodity production. The products that need to be packed can only be completed through packaging, and the commodity can enter the circulation and consumption fields, so that the value and value of goods can be realized. This is because packaging is an important measure to protect the quality and integrity of commodities in circulation. Some goods can not even be separated from packaging. It is inseparable from packaging. Goods that are properly packed are not only convenient for pportation, loading and unloading, handling, storing, keeping, counting, displaying and carrying, but also not easy to be lost or stolen, providing convenience for all aspects. In the current fierce competition in the international market, many countries regard improving packaging as an important means to strengthen external competition. Because good packaging can not only protect goods, but also publicize and beautify commodities, raise the price of goods, attract customers, expand sales and increase the selling price, and to a certain extent, show the level of technology, culture and art in exporting countries. According to the different functions of packaging in circulation, it can be divided into two types: pport packaging (external packaging) and sales packaging (i.e., inner packaging). The former's main role is to protect goods and prevent cargo loss. The latter has the function of promotion besides the protection of commodities. Neutral packaging (Neutral Packing) is the packaging that does not indicate the production country, place name and manufacturer's name, nor does it mark the trademark or brand. That is to say, there is no mark of origin or exporter inside and outside the package of export commodities. Neutral packaging includes two types of unlicensed neutral packaging and fixed brand neutral packaging. The former refers to the fact that there is neither production country or manufacturer name nor trademark or brand on the packaging. The latter refers to the trademark or brand only specified by the buyer on the packaging, but no producer country or manufacturer name. Neutral packaging is used to break the tariff and non-tariff barriers of some importing countries and regions, and to meet the special needs of pactions (such as re export sales). It is a means for manufacturers of export countries to strengthen external competition and expand exports. Licensing means that the seller signs the trademark or brand specified by the buyer on the goods or packages sold on the basis of the buyer's request, which is called licensed production. At present, many supermarkets, large department stores and professional stores in many countries in the world sell labels or brands which are used by the store to sell or sell goods, so as to expand the popularity and display the value of the products. Many exporters in many countries are willing to accept licensed production in order to take advantage of their business capabilities and their business reputation and brand reputation so as to raise the price and expand their sales. The packaging terms (Packing Clause) mainly include the way of packaging, materials, packaging and pportation signs. The signs on pport packages can be classified into three categories according to their purposes.
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