国际贸易实务 教学课件 作者 杜玲玲 2.ppt

国际贸易实务 作者：阮绩智  Contents Overview With the development of international trade, commodity inspection has become an indispensable link in the chain of smooth handling of international trade transactions and how to stipulate the place and time of inspection and to exercise the right of inspection is the core of concluding the inspection clause of the contract. In case of a claim, the party involved should try to settle it on the basis of integrity. The settlement of disputes through friendly negotiation is the best way for settling international trade disputes. In case no settlement can be reached, the parties to the disputes can choose arbitration, which is another widely used alternative to settling disputes. In case of a force majeure event after the conclusion of the contract, the party who suffers the event is allowed to relieve liabilities of the non-performance or terminate the contract. 9.1 Commodity Inspection 9.1.1 Place and Time of Inspection Three ways to stipulate the place and time of inspection. Article 38 of United Nations Convention on Contract for the  International Sale of Goods stipulates: (1) The buyer must examine the goods, or cause them to be examined, within as short a period as is practicable in the circumstances. (2) If the contract involves carriage of the goods, examination may be deferred until after the goods have arrived at their destination. (3) If the goods are redirected in transit or redispatched by the buyer without a reasonable opportunity for examination by him and at the time of the conclusion of the contract the seller knew or ought to have known of the possibility of such redirection or redispatch, examination may be deferred until after the goods have arrived at the new destination. 《公约》第38条： （1）买方必须在按情况实际可行的最短时间内检验货物或有他人检验货物； （2）如果合同涉及到货物的运输，检验可以推迟到货物到达目的地后进行。 （3）如果货物在运输途中改运或买方再发运货物，没有合理机会加以检验，而卖方在订立合同时已知道或理应知道这种可能性，检验可推迟到货物到达新的目的地后进行。 9.1.2 Inspection Body An inspection institution