Loss due to delayed arrival of the goods In 2
问题详情
Loss due to delayed arrival of the goods
In 2006 an import and export corporation exported 1 000 tons of walnut to a British company on the basis of CIF. Payment is made by irrevocable letter of credit at sight. The terms of delivery is subject to the arrival of the goods in Avonmouth on December 2 ,2006 , which is a special item. Our violation to this term resultecl in some economic losses. The basic items in the contract as follows :
Shipment: To be shipped during Oct. 2006 from China port to Avonmouth. The relevant UC opened by the Buyer will reach the Seller before the end of Sept. 2006. Seller undertakes to guarantee that the carrying steamer shall arrive at the named port of destination not later than Dec.2,2006. The actual date of her arrival at the named port of destination will be subject to the actual date of her arrival at the port of destination named verified by the relevant carrier or her agents.
Special terms and conditions on Prices :
(1) In case the carrying vessel arrives at Avonmouth earlier than Nov. 26 ,2006 , the Buyer shall pay the Seller price premium of 0.2% on the total invoice value per day.
(2)In case the carrying streamer arrives at Avonmouth later than Dec. 2,2006, the Seller shall agree to have the contract cancelled if so requested by the Buyer and if the payment has been already collected , it shall be refunded to the Buyer. Notice of the request for cancellation of contract is in all cases to be made to the Seller within 48 (forty-eight) hours after the time of arrival of the steamer at Avonmouth, otherwise the delivery shall be deemed as having been accepted by the Buyer.
After signing the contract , our corporation, through a forwarding agent, hired a vessel whose nationality is Sweden. The vessel started out on its voyage after loading on Oct. 5, 2006, and it was estimated that it would arrive at the destination on Dec. 2, 2006 if everything is in order.
Unfortunately, during the voyage, an engine of the vessel stopped working. Our corporation sent a towboat to drag the vessel forward considering the large amount of the shipments. But after the vessel's arrival at Avonmouth it was several hours later than the stipulated time of delivery (Dec. 2,2006) in the contract. Seeing the price of walnut was falling down in the local market,the Buyer notified our corporation that he refused to take delivery of the goods. Our company had to ask some agents to help sell all the goods on the spot in order to reduce the damage.
In this transaction,the loss of our party suffered was about USD600 000.
Questions :
(1) For walnuts are seasonal merchandises, usually they are sold before Christmas day. When exporting this kind of' goods ,what factor do you think is very important?
(2) In this case , the nature of the contract has changed from the Shipment Contract to Arrival Contract , why?
(Translate the case into Chinese and then answer the question)
Helpful hint: Some clauses of this contract change the characteristics of CIF contract.
参考答案
[翻译]迟装货所造成的损失
2006年我进出口公司向英国一公司出口核桃,价格条件为CIF;支付条件为不可撤销即期信用证方式;交货条件为卖方保证货物在2006年12月2日到达阿文矛斯港。这是一项特别条款,正是因为我方违背了这一条款,导致了经济损失。合同的基本条款如下:
装运:于2006年10月间由中国口岸运往阿文矛斯港。买方须于2006年9月前将有关信用证开到卖方。卖方保证载运船只不迟于2006年12月2日抵达阿文矛斯港。载运船只抵达目的港的实际日期,将以有关承运人或代理人所证实载运船只抵达目的港的实际日期为准。
特别价格条款:
(1)如果载运船只早于2006年11月26日抵达阿文矛斯港,买方将付给卖方发票总值0.2%的价格折扣。
(2)如果载运船只晚于2006年12月2日抵达阿文矛斯港,在买方要求下,卖方须同意取消合同,如货款已收进,则将所收进的货款退还买方。买方对上述取消合同的要求,应在载运船只到达阿文矛斯港后48小时内向卖方提出,否则将理解为买方接受了到货。
双方签订合同后,我公司通过外运代理租赁了一瑞典轮船。该船在2006年10月5日装货后驶离装运港,正常情况下预计于12月2日抵达目的港没问题。
不幸的是,航行中该船的发动机出了问题无法行驶,我公司派了一艘拖轮拖带该船继续前进。但该船抵达阿文矛斯港时比合同规定时间(2006年12月2日)晚了几个小时。看到核桃价格在当地市场下跌,买方通知我公司拒绝提货。我方不得不要求代理在当地销售此货以便减少损失。
在此交易中,我方大约损失六千美元。
请问:(1)核桃是季节性商品,通常在圣诞节前销售。当出口这类商品时,你认为哪些因素比较重要?
(2)在本例中,合同的性质由装运合同变为到达合同,为什么?
(1) The two parties should state clearly the problem of compensation for this kind of seasonal merchandises when its price goes down.
(2) Because the contract especially stipulated that if the goods could not arrive on time, buyer could cancel the contract and withdraw the payment for the goods. The payment is not subject to our presentation of the shipment documents, only subject to the delivery terms at the destination port.