Chapter7进出口商品检验与检疫Commodityinspectionandquarantine分析.ppt

L/O/G/O Chapter 7 Commodity Inspection  Quarantine 案例 我国某制造厂进口一套设备，合同规定，货到后，由中国商检局进行检验，合同还明确规定：卖方提供的是“全新设备”。在到货检验安装过程中，发现设备中部分部件有使用过的痕迹，于是凭商检局出具的商检证书向外商索赔。起初，外商矢口否认其提供的设备有问题，拒绝理赔。后来，中方邀请外商的总裁来现场看货，经中方强调合同中订有“全新设备”条款和中国商检局出具的证明是有效的。在中方有理有据的情况下，外商终于赔偿买方50万美元。 启示 通过上述案例，说明进出口货物检验的重要性，只要在买卖合同中明确合理地规定检验条款，并按约定的条款认真检验，一旦发现货物不符合同规定，即可凭检验证明向责任方索赔，以维护合同当事人的合法权益。 I. Introduction to IQ In international trade, inspection institutions must usu. examine the quality, quantity, packing, etc. of the goods delivered by the seller to make sure whether the goods are in conformity with the stipulations of the contract and L/C, or inspect safety and sanitation conditions (卫生条件), environmental and labor protection conditions as to the goods, or quarantine plants and animals (动植物检疫) in accordance with the relative laws and decrees of the country. Receipt means that the goods have come into the control of the buyer without ownership or agreement to any aspect of the goods. Acceptance means that the buyer has the control of the goods with consent regarding the goods delivered. Receipt and acceptance Receipt does not mean acceptance and acceptance means more than receipt. Buyers are entitled to have the right to inspect the goods before acceptance of the goods. The realization of delivery of the goods will go through 3 steps: Delivery Inspection or examination Acceptance or rejection a buyer usually accept the goods he has received after he make inspection on the goods and confirm that the goods are in conformity with the contract. Acceptance Acceptance generally can be made by: expressing statement of acceptance; or giving no rejection after a reasonable time. If a buyer does not intend to accept the goods he has received, he should give a clear rejection within a reasonable time and should not dispose the goods against the seller’s ownership. Buyer: a buyer wants to make certain that the goods delivered to him are exactly the goods described by the contract he has signed wi