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国贸案例分析(国外英语资料)
国贸案例分析
Example 1:
Under FOB conditions, the sellers are responsible for chartering and booking warehouses
I have a company with a number of FOB condition for the export of frozen chicken, after signing the contract the buyer received calls, said the charter is very difficult, I entrust Party to the Charter, the cost borne by the buyer. In order to facilitate the fulfillment of the contract, we accept each others request, but the time has come to the time of shipment, we in the port of shipment to the right to rent the ship, and the buyer does not agree to change the time of shipment to the port of shipment, so a shipment shipment. The buyer, as the sale is nearing completion, has cancelled the contract on the grounds that we have failed to ship the goods on time and fulfill the obligation of delivery.
Q: what should we do about it?
Standard answer:
1, we should refuse to cancel the unreasonable requirements of the contract.
2, this safety relates to the FOB terminology, always according to the FOB terminology, the buyer is responsible for chartering, booking, transportation, and payment of freight. For the convenience of the sellers shipping and delivery, the seller may also accept the buyers entrustment to book the shipping space for the charter party, but the costs and risks shall be borne by the buyer, and the Seller shall not be held liable for the failure to ship the ship.
3. In connection with this case, the seller does not agree to change the port of shipment because the seller does not rent the ship on behalf of the buyer. Therefore, the seller does not accept the responsibility for delay in shipment because he has not rented the ship. The buyer cannot cancel the contract accordingly.
Try to answer the question:
1, we may accept the cancellation of the contract by the buyer, and ask the buyer to compensate for the loss involved.
2, the case involving FOB terms, under the condition of the FOB term, unless both parties have expressly agreed otherwise, in accor
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