第8讲 其他条款.ppt

,单击此处编辑母版文本样式,第二级,第三级,第四级,第五级,*,单击此处编辑母版标题样式,第八讲 合同相关条款,包装、运输、保险、索赔,Packing,1.shipping marks,2.useful expressions,1.Special directions or warnings,special instructions regarding manner of handling,loading,lifting etc.And various warning are to be stenciled on the packages for the benefit of both the consignee and the carrier.All these are called Care marks or Caution marks such as:,Top(,此为顶部,)Use no hooks(,禁用钩子,),This side up,（此端向上）,To be kept cold(,低温存放,),Fragile,（易碎物品）,Do not drop(,小心轻放,),Glass with care(,玻璃,-,小心,)Hazardous/Dangerous(,危险,-,小心,),Acid-with care(,酸性,小心,)Poisonous,有毒,Keep flat,平放,Handle with care(,小心搬运,),Keep dry(,保持干燥,)Explosive,爆炸品,Don,t turn over,（不可翻倒）,Keep out of sun,（不可日晒）,Inflammable(,易燃物品,)Keep dry,图示,Packing clauses in Contract,Each piece in a poly bay,one dozen in a paper box,12 dozen in an export carton.,每件装一塑料袋，每打装一纸箱，每,12,打装入一出口用硬纸板箱。,Packed in gunny bag of 60kg each.,用粗麻袋包装，每袋,60,公斤。,C.Packed in cartons,each containing 12 pieces wrapped in poly bag.,用硬纸板箱包装，每箱装,12,件，均用塑料袋包裹好。,D.According to sellers usual export packing.,E.To be packed in new single sound gunny bags of 60kg net each,each bag to weigh 0.825kg with an allowance of 0.05kg more or less(Rice).,用新的完好的麻袋单独包装，每袋净重,60,公斤。每个麻袋皮重,0.825,公斤，容许,0.05,公斤出入。,Useful expressions,2.Useful sentences-For packing,This product must be packed in tin-lined waterproof wooden cases,each piece wrapped in oil cloth,20 pieces packed in one case.,产品需以有马口铁衬里的防水的木箱包装，每件用油纸裹好，,20,件为一箱,。,B.Please pack the goods in water-proof cartons,each containing 30 dozen.,请把货物装在防水纸板箱内，每箱,30,打,。,C.Sweaters are wrapped in poly bags and packed in standard export cardboard cartons.,毛线衣用塑料袋装好，再装进标准出口纸箱。,D.In order to reduce damage in transit to a minimum,we have to insist on packing of the goods in wooden cases.,为了使损坏率在运输过程中减少到最低限度，我方坚持用木箱包装。,F.We hope you will arrange packing in the same way as shipped previously.,希望贵方能按照上次装船的做法安排货物包装。,G.The quality of packing which you offered is not in accordance with our standards,please inform us of your additional means of packing.,你方所提供包装之质量不符合我们的标准，请告知你方包装的其他办法。,H.Each piece must be wrapped up in paper and packed in a zinc-lined case.,每件货物必须用纸包好，并装入有镀锌板衬里的箱内。,As tea sets are fragile goods,they should be wrapped in soft material and firmly packed in cardboard cartons with rags or wooden sheets.,茶具是易碎品，应该用软材料包裹好，再用有木片或碎布垫的纸板箱紧密包装。,For marking,A.The package is stenciled as instructed.,按照指示包装用模版刷出。,B.We will be sure to mark and number the package in strict accordance with your instructions.,我们保证严格按照你方指示标出包装标记及号码。,C.We attach a list of marks and numbers for the various packages.Please give great care to clear and correct marking.,我们附上不同包装的标记及号码之清单一份，请认真注意清晰和正确的标记。,D.Kindly stencil our shipping marks in letters 4 inches high,and give gross and net weight on each box.,请用模版以,4,英寸高之字母刷出我方装船标记及每箱之毛重和净重。,包装种类,（,1,）运输包装,(Transport Packing),又称大包装、外包装。,（,2,）销售包装（,Selling Packing,）,又称小包装、内包装或直接包装。,（,3,）中性包装（,Neutral Packing,）,在出口货物的内外包装上不显示生产国别的一种包装，国际贸易的一种习惯做法。,Shipping Marks,又称唛头。例如：,ABC CO,收货人名称,SC9750,合同号码,LONDON,目的港,No.120,件号（顺序号和总件数）,Originally,the term of shipment is,“,the loading of goods on a ship,”,or,“,delivery of the goods to an ocean carrier,”,.However,in actual trading practice today,it is commonly known as the same as,“,delivery,”,.Because the effectuation of shipment by the seller is for the delivery of goods and most of the exports and imports are still transported by sea in modern times.,Shipment,1.,Definition,2.Terms of Shipment,Time of shipment(,交货期,),A.,Immediate shipment,；,also prompt shipment,shipment as soon as possible (,即期装运,),B.,Shipment during a certain period of time,（在某限期内装运）,e.g.Shipment during the first part of May,（,5,月上旬装运）,Shipment during April,（,4,月内装运）,Shipment during May/June,（,5,、,6,月内装运）,C.Shipment on or before a certain date,（某日期前装运）,e.g.,Shipment about/around June 15,（在,6,月,15,日前装运,）,2).Partial shipment,（分批装运）,Clauses for partial shipment are as follows:,Partial shipments allowed/permitted,Partial shipments not allowed/permitted,Shipment during August/September in 3 lots,D.,Shipment to be spread over 6 months,beginning from March,3,）,Transshipment,（转船）,Clauses in a contract and in an L/C relating to transshipment:,A.Transshipment allowed/permitted.,B.,Transshipments,not allowed/permitted(,prohibited),）,C.Transshipment is allowed at Singapore only.,Sample,Dear Sirs,This is to confirm our fax of October 3 informing that 12 cases of Motorcycle Parts covering your Order No.334 of August 30 are to be shipped by M.S.Wuyi(M.S=Motor Ship),which is to sail from Hong Kong to Jakarta on October 5.,We are pleased to enclose herewith the following relevant shipping documents.,1.Commercial invoice:2 copies,2.Bills of Lading:3 copies,3.Certificate of quantity:1 copy,4.Insurance policy:1 copy,We have drawn a draft at sight for US$16,000 to cover the shipment,and negotiated it through Bank of China Guangzhou branch,under your L/C No.3104 issued by the Bank of Indonesia.,Thank you for your,patronage,.We believe that the goods will reach you in perfect condition and that we may,be favored with,（,supported or liked by),a,continuance,of your order.,Yours faithfully,1)Urging shipment,.,(1)We wish to point out that if you fail to effect shipment within the time specified,we shall not be able to fulfill our contract with our clients.,(2)We hope that you will make all necessary arrangements to deliver the goods in time.,(3)We would ask you to try your utmost to effect shipment in accordance with the original schedule.,(4)In case you should fail to effect delivery within the stipulated time,we will have to lodge a claim against you for the loss and reserve the right to cancel the contract.,Useful Expressions,China Insurance Clauses (C.I.C),中国保险条款,Institute Cargo Clauses (I.C.C),协会货物保险条款,Insurance,1.The application of Insurance Clauses,2.The risks and clauses in C.I.C.,1)The essential risks,基本险,2)Additional risks,附加险,(1),一般附加险,(11),(2),特别附加险,(3),特殊附加险,1)The essential risks,（,基本险,）,A.,Free from Particular average (F.P.A.),平安险,B.With average or With Particular Average,(W.A.or W.P.A),水渍险,C.All Risks(A.R.),一切险,(1),一般附加险,(11),A.Theft,Pilferage and Non-Delivery(T.P.N.D.),偷窃、提货不着险,B.,Fresh Water and/or Rain Damage(F.W.R.D.),淡水雨淋险,C.,Risk of Shortage,短量险,D.,Risk of Intermixture and Contamination,混杂、玷污险,E.,Risk of Leakage,渗漏险,F.,Risk of Clash and Breakage,碰损、破碎险,G.,Risk of Odor,串味险,H.,Hook Damage Risk,钩损险,I.,Damage Caused by Sweating and Heating,受潮受热险,J.Breakage of Packing,包装破裂险,K.,Risk of Rust,锈损险,(2),特别附加险,A,Failure to Delivery,交货不到险,B,Import Duty Risk,进口关税险,C,On Deck Risk,舱面险,D,Rejection Risk,拒收险,E,Aflatoxin,黄曲霉素险,F,Fire Risk Extension Clause for Storage of Cargo at Destination Hong Kong,Including Kowloon,or Macao,出口到香港（包括九龙在内）或澳门存仓火险扩展条款,(3),特殊附加险,A.War Risk,战争险,B.Strikes Risk,罢工险,3.The risks and clauses in I.C.C,(1),协会货物条款（,A,）,Institute Cargo Clause A I.C.C.(A),(2),协会货物条款（,B,）,Institute Cargo Clause B I.C.C.(B),(3),协会货物条款（,C,）,Institute Cargo Clause C I.C.C.(C),(4),协会战争险条款（货物）,Institute War Clause-Cargo,(5),协会罢工险条款（货物）,Institute Strikes Clause-Cargo,(6),恶意损害险条款,Malicious Damage Clause,Sample 1,Dear Sirs,Re:Your order No.1234,We have received your letter of January 23,asking us to insure the captioned order for an amount of 30%of the invoice value.,Although it is our usual practice to insure shipments for the invoice value plus 10%,we are prepared to comply with your request for getting cover for 130%of the invoice value.But the extra premium will be for your account.,Please take note of the above.,Yours faithfully,Sample 2,Dear Sirs,We shall have a consignment of tape recorders,valued at US$6 000 CIF New York,to be shipped from Taiwan by a vessel of AB Co.,Ltd.,We wish to cover the consignment against all risks from our Warehouse at the above address to the port of New York.Will you please quote your rate for the cover?,Yours faithfully,1)Insurance Claim,2)Transportation Claim,3)Trade Claim,Complaints,Disputes&Claims,1.Issues in Trade,2.Causes of trade issues,(1)Not fulfilling the contract,(2)Delay in delivery,(3)The specifications of goods are not in compliance with the contract,(4)Commission not yet paid,(5)Shortage of goods,(6)No contract is made,(7)Sample not yet sent,(8)Ill packing,(1)The seller is held responsible for the following claims,A,Non-delivery or part-delivery,B,Delay in delivery/shipment,C,Inferior or wrong quality,D,Wrong quantity,E,Insufficient packing,F,Failure in entering into contract,G,Non-fulfillment of contract,H Discrepancies in specification,3.Causes for claim,(2)The buyer is held responsible for the following:,A,Refuse to open an L/C,B,Delay in opening L/C,C,Delay in payment,D,Commission unpaid,E,Failure in entering into contract,Non-fulfillment of contract,(3)The carrier is held responsible for the following:,A,Shortage of goods,B,Short-landed,C,Goods missing,D,Rough handling,Others,(4)The insurer is held responsible for the following:,1),Goods suffer losses or damages in transit because of the risks insured against.,2),Other reasons stipulated in the,policy,according to which,the insured is entitled to ask for compensation.,Sample 1,Dear Sirs,Re:Our Order No.319 Video-Recorders,This is to inform you that we have received 12 cases of video-recorders shipped by M.V.“East Wind for our Order No.319,but found that cases No.5,No.6,No.11&No.12 were badly damaged.,We,are of the opinion that,（都认为）,the cases were too fragile and the packing was not sufficient for export.Enclosed is a Survey Report showing damage to be the result of faulty packing.We ask you,therefore,to send us a cheque for US$100.00 covering the loss we paid for the Survey Report.,Upon receiving the new Video-Recorders,we will return the damaged ones.,Your prompt attention is urgently requested.,Yours faithfully,Gentlemen,Thank you for your letter of June 23 concerning the 12 cases of video-recorders covering your Order No.319.,After a careful investigation,we could not find any error on our part because we took every effort to fulfill your order as shown in the enclosed certificate of packing inspection.Moreover the lots were on board the ship in perfect condition which was clearly stated in the clean B/L.,We suggest,therefore,that you lodge a claim with the insurance company.We will assist you wherever possible to process the claim.,Though it is quite beyond our control,we are very sorry for the inconvenience you have suffered.We assure you that we will make every attempt to prevent such a recurrence in the future.,Yours truly,Sample 2,1.Making Complaints and Replies:,1)We have received a number of complaints from several of our customers concerning the supplied by you.,2)We are sorry to report(inform)you that.,3)We offer our sincere apologies for the error in our invoice(statement,shipment,consignment).,4)We hope you will be satisfied with the arrangements we have now made and apologize for the inconvenience you have suffered.,5)We apologize once more for the unfortunate mistake and have taken steps to prevent a repetition.,Useful expressions,2.Lodging claims and acceptance:,1,）,On the basis of Clause 18 of the Contract,we hereby raise our claims as follows.,2,）,We have to file a claim against you to the amount of US$.plus inspection fee,we hope you will settle this claim as soon as possible.,3,）,We thank you for your letter dated.,and are enclosing our,credit note,for,.in settlement of your claim of the above shipment.,4,）,We have,credited to your account,（计入你的账户）,.to cover both the value of the goods short delivered and your inspection fee.,EXAMPLE for Credit note,（付款,/,贷记通知）,:,YOUR COMAPNY HEADINGTO:COMPANY(THE PAYER)DATE:.CREDIT NO.:000000 CREDIT NOTE,DEAR SIRES,WE HEARBY CREDIT YOUR ACCOUNT WITH THE FOLLOWING AMOUNT:,ITEMUNIT PRICETOTAL AMOUNTSINCERELY YOURS,XXX,3.Rejection of claims:,1)It would not be fair if the loss be totally imposed on us as the liability rests with both parties.We are ready to pay 50%of the loss only.,2)We have shipping documents to prove that the goods were received by the carrier in perfect condition,therefore,they must have been damaged in route.,3)Such deviation between the products and the sample is normal and permissible,therefore,the claim for compensation cannot be allowed.,翻译,尊敬的客户：,我们非常高兴地通知你方，第,5678,号保兑的、不可撤销的信用证（金额）计,3500,英镑，已于今天上午通过曼彻斯特银行开出。收到后请尽快安排装运我方所订货物。从本地轮船公司得知“博伦威克”轮（,S.S.“Browick”,）定于,9,月,10,日左右从你地开往我港。如可能，请尽量设法交由该轮装运。,对你方在这一方面的密切合作，我们将不胜感激。同时，我们期待你方的装运通知。,诚挚的敬意,