国际贸易实务(选修)ppt高等数学.pptVIP

Section One Dispute and Claim Claim Definition Reason How to solve? The sellers may settle the claim upon the agreement of the buyers in the following ways: (1) Agree to the rejection of the goods and refund to the buyers the value of the rejected goods in the same currency as contracted herein, and bear all direct losses and expenses incurred from the rejection, including interest, banking charges, freight, insurance premium, inspection charges, storage charges and all other necessary expenses required for the custody and protection of the rejected goods. (2) Devaluate the goods according to the degree of inferiority, extent of damage and amount of losses suffered by the buyers. (3) Replace the defective goods with new ones which conform to the specification, quality and performance as stipulated in the contract, and bear all expenses incurred and direct losses sustained by the buyers. The sellers shall, at the same time, guarantee the quality of the replaced goods for a further agreed period. Section Two Force Majeure Scope definition Consequences Force majeure clauses Section Two Force Majeure Force majeure means that the frustration of the contract by the party in question results from natural or social forces including flood, earthquake, typhoon, fire, war and government decrees of prohibition beyond the control of man. This party shall be free from liability for performance, or be given an option of prolonging the performance of the contract owing to the above-mentioned event or series of events. In order to clarify what the term of force majeure covers under a particular contract, different ways have been adopted. 1 Stipulate the Force Majeure Clause in a General Way 2 Stipulate the Force Majeure Clause in a Way to List the Contents 3 Stipulate the Force Majeure Clause in a Way to Colligation case 我国某企业以FOB厦门从国外日本进口一批货物，合同规定9月15日前装船，8月10日卖方所在地发生地震，但卖方存储货物的仓库距离震心较远，未受到严重损坏，仅因交通受严重破坏，所以货物不能按时出运。事后，卖方以不可抗力为由，通知我方要求解除合同，免除交货责任，但我方不同意，问卖方解除合同的要求是否合理？为什么？ 遭受不