lessioninspection教案.ppt

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 . §1 Commodity Inspection 2. Time and places of commodity inspection (1) Provisions in CISG (Article 38) ① The buyer must examine the goods, or cause them to be examined, within the shortest period. ② If the contract involves carriage of the goods, examination may be deferred until after the goods have arrived at the destination. §1 Commodity Inspection 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 3. Commodity inspection body China Entry Exit Inspection and Quarantine Bureau: 中国出入境检验检疫局（CIQ） General Administration of Quality Supervision, Inspection, and Quarantine of PRC: 国家质量监督检验检疫总局 (AQSIQ) China Export Import Commodities Inspection Company Ltd.: 中国进出口商品检验总公司 China Certification Inspection (Group) Co., Ltd:中国检验认证（集团）有限公司 (CCIC) Inspection authority in China - General Administration of Quality Supervision, Inspection and Quarantine of the People’s Republic of China (AQSIQ,国家质量监督检验检疫总局, 管理机构 ) - The entry/exit inspection and quarantine bureau (各地区进出境检验检疫局，执行机构) 5. Commodity inspection standards (1) The mandatory standards; (2) The standards stipulated in the contract; (in the absence of mandatory standards or the mandatory standards are