练习1:已知陶瓷餐茶具合同SALES CONFIFMATIONS/C NO.:SHHX98027DATE:03-APR-98The Seller:huaxin TRADING CO.,LTD. THE BUYER:JAMSBROWN &SONSADDRESS:14TH FLOOR KINGSTAR MANSION,676 JINLIN RD.,SHANGHAICHINA ADDRESS:#304-301 JALANSTREET,TORONTO,CANADATO BE PACHED IN CARTONS OF 1 SET EACH ONLY.TOTAL:1639 CARTONSPORT OF LOADING &DESTINATION:FROM:SHANGHAI TO:TORONTOTIME OF SHIPMENT: TO BE EFFECTED BEFORE THE END OF APRIL 1998 WITH PARTIALSHIPMENT ALLOWEDTERMS OF PAYMENT: THE BUYER SHALL OPEN THOUGH A BANK ACCEPTABLE TO THE SELLER AN IRREVOCABLE L/C AT SIGHT TO REACH THE SELLER BEFORE APRIL10,1998 VALID FOR NEGOTIATION IN CHINA UNTIL THE 15TH DAYAFTER THE DATE OF SHIPMENT.INSURANCE: THE SELLER SHALL COVER INSURANCE AGAINSTT WPA AND CLASH & BREAKAGE & WAR RISKS FOR 110% OF THE TOTAL INVOICE VALUE AS PER THE RELEVANT OCEAN MARINE CARGO OF P.I.C.C. DATED1/1/1981.Confirmed by:THE SELLER THE BUYERHUAXIN TRADING CO.,LTDMANAGER 赵建国(signature)(signature)REMARKS:1. The buyer shall have the covering letter of credit reach the seller 30days before shipment,failing which the seller reserves the right to rescind without further notice,or to regard as still valid whole or ant part of this contract not fulfilled by the buyer,or to lodge a claim for losses thus sustained,if any.2. In case of any discrepancy in Quality ,claim should be filled by the Buyer within 30 days after the arrival of the goods at port fo destination;while for quantity discrepancy ,claim should be filed by the Buyer within 15days after the arrival of the goods at port of destination.3. For transactions concluded on C.I.F.basis,it is understood that the insurance amount will be for 110% of the invoice value against the risksspecified in the Sales Confirmation .If additional insurance amount or coverage required .the Buyer must have the consent of the Seller before Shipment and the additional premium is to borne by the Buyer.4. The Seller shall not be held liable for non-delevery or delay in delivery of the entire lot or a portion of the goods hereunder by reasen of natural disasters,war or other causes of Force Majeure ,However, the seller shall notify the Buyer as soon as possible and furnish the Buyer within 15days by registered airmail with a certificates issued by the china Council for the Promotion of International Trade attesting such event(s).5. All deputies arising out of the performance of,or relating to this S/C,shall be settled through negotiation .In case no settlement can be reached through negotiation ,the case shall then be submitted to the China international Economic and Trade Arbitration Commission for arbitration in accordance with its arbitral rules.The arbitration shall take place in Shanghai.The arbitral award is final and binding upon both parties.6. The Buyer is requested to sign and return one copy of this S/C immediately after receipt of the same.Objection,if any ,should be raised by the Buyer within 3 woeking days.otherwise it is understood that the Buyer has accepted the terms and conditions of this contract.7. Special condition:(These shall prevail over all printed terms in case of any conflict.)1998年4月8日,华信公司收到JBS公司通过加拿大皇家银行开来的编号为98/0501-FTC的信用证信开本,在装运货物之前,华信公司需要对国外来证进行仔细的审核,指出信用证存在的问题,以便联系进口商要求修改。
THE ROYAL BANK OF CANADABRITISH COLUMBIA INTERNATIONAL CENTRE1055 WEST GEORGIA STREET.VANCOUNER,B.C.V6E 3P3CANADACONFIRMATION OF TELEX/CABLE PRE-ADVISED DATE:APR 8,1998要求:根据合同,对开证行开出的信用证进行审核。
练习2 试根据下列合同条款及审证要求,审查国外来证,如发现有不妥之处,请提出修改意见。
合同如下所示:中国国际纺织品进出口公司江苏分公司CHINA INTERNATIONAL TEXTILES I/E CORP. JIANGSU BRANCH20 RANJIANG ROAD ,NANJING,JIANGSU,CHINA销售确认书编号NO.:CNT0219SALES CONFIRMATION日期DATE:MAY 10,2004OUR REFERENCE:IT123JS买方BUYERS:TAI HING LOONG SDN, BHD, KUALA LUMPUR.地址ADDRESS:7/F, SAILING BUILDING, NO.50 AIDY STREET, KUALALUMPUR,MALAYSIA电话TEL:060-3-74236211 传真FAX:060-3-74236212兹经买卖双方同意成交下列商品,订立条款如下:THE UNDERSIGNED SELLERS AND BUYERS HAVE AGREED TO CLOSE THE FOLLOWING TRANSACTION ACCORDING TO THE TERMS AND CONDITIONS STIPULATED BELOW:DESCRIPTION OF GOODS QUANTITY UNIT PRICEAMOUNTCIF SINGAPORE100% COTON GREE LAWN 300,000 YARDS HKD3.00PER YARD HKD900,000.00装运SHIPMENT:DURING JUNE/JULY,2001 IN TRANSIT TO MALAYSIA付款条件PAYMENT:IRREVOCABLE SIGHT L/C保险INSURANCE:TO BE EFFECTED BY SELLERS COVERING WPA AND WARRISKS FOR 10% OVER THE INVOICE VALUE买方(签章)THE BUYER 卖方(签章)THE SELLER TAI HING LOONG SDN, BHD, KUALA LUMPUR.中国国际纺织品进出口公司江苏分公司CHINA INTERNATIONAL TEXTILES I/E CORP. JIANGSU BRANCH 买方开来的信用证如下所示:FROM BANGKOK BANK LTD., KUALALUMPURDOCUMENTARY CREDIT NO.:01/12345, DATE:JUNE 12,2004ADVISING BANK: BANK OF CHINA, JIANGSU BRANCHAPPLICANT: TAI HING LOONG SDN, BHD., P.O.B.666 KUALA LUMPURBENEFICIARY: CHINA NAT’L TEXTILES I/E CORP., BEIJING BRANCHAMOUNT: HKD 900,000.00 (HONGKONG DOLLARS TWO HUNDRED THREE THOUSAND ONLY) EXPIRY DATE: JUN 15, 2004 IN CHINA FOR NEGOTIATIONDEAR SIRS:WE HEREBY ISSUE THIS DOCUMENTARY CREDIT IN YOUR FAVOR, WHICH IS AVAILABLE BY NEGOTIATION OF YOUR DRAFT(S) IN DUPLICATE AT SIGHT DRAWN ON BENEFICIARY BEARING THE CLAUSE: “DRAWN UNDER L/C NO. 98/12345 OF BANGKOK BANK LTD., KUALA LUMPUR DATED JUNE 12, 2004” ACCOMPAINED BY THE FOLLOWING DOCUMENTS:-SIGNED INVOICE IN QUADRUPLICATE COUNTER-SIGNED BY APPLICANT.-FULL SET OF CLEAN ON BOARD OCEAN BILLS OF LADING MADE OUT TO ORDER, ENDORSED IN BLANK, MARKED ‘FREIGHT COLLECT’ AND NOTIFY BENEFICIARY.-MARINE INSURANCE POLICY OR CERTIFICATE FOR FULL INVOICE VALUE PLUS 50% WITH CLAIMS PAYABLE IN NANJING IN THE SAME CURRENCY AS THE DRAFT COVERING ALL RISKS AND WARRISKS FROM WAREHOUSE TO WAREHOUSE UP TO KUALALUMPUR INCLUDING SRCC CLAUSE AS PER PICC 1/1/1981.- PACKING LIST IN QUADRUPLICATE.- CERTIFICATE OF ORIGIN ISSUED BY BANK OF CHINA, NANJING.- SHIP’S CLASSIFICATION ISSUED BY LIOYDS’ IN LONDON.COVERING:ABOUT 300,000 YARDS OF 65% POLYESTER, 35% COTTON GREY LAWN. AS PER BUYER’S ORDER NO. TH-108 DATED MAY 4, 2004 TO BE DELIVERED ON TWO EQUAL SHIPMENTS DURING MAY/ JUNE. ALL BANKING CHARGES OUTSIDE MALAYSIA ARE FOR THE ACCOUNT OF BENEFICIARY. SHIPMENT FROM CHINA TO PORT KELANG LATEST JULY 31, 2004. PARTIAL SHIPMENTS ARE ALLOWED. TRANSSHIPMENT PROHIBITED.WE HEREBY ENGAGE WITH DRAWERS, ENDORSERS AND BONA FIDE HOLDERS THAT DRAFTS DRAWN AND NEGOTIATED IN CONFORMITY WITH THE TERMS OF THIS CREDIT WILL BE DULY HONORED ON PRESENTATION. SUBJECT TO《UCP 600》BANGKOK BANK LTD., KUALALUMPUR (SIGNED)。