In international trade, after the buyer and seller reach an agreement through negotiation and transaction, according to the general practice of international trade, most of them need to sign a written contract in a certain format as the legal basis for binding both parties.

In the sales contract signed by both parties to the transaction, the rights and obligations of both parties to the contract are stipulated. Due to the different transaction objects, closing conditions and selected conventions, the basic obligations of the parties stipulated in each contract are the same. According to the United Nations Convention on Contracts for the International Sale of Goods: the seller’s basic obligations are, in accordance with the contract It stipulates the delivery of goods, the handover of various documents related to the goods, and the transfer of ownership of the goods; the buyer's basic obligation is to pay the price and collect the goods as stipulated in the contract.

After the contract is signed, both the buyer and the seller shall be bound by it. They must adhere to the principle of "abiding by the contract and keeping promises" and earnestly perform the obligations stipulated in the contract. If one party to the contract does not or does not When the rights of the other party are damaged due to the full performance of his obligations in the contract, the injured party may take appropriate measures to obtain compensation. This method of obtaining compensation according to law is called a remedy in law.

In order to facilitate the performance of the contract, the basic procedures for the performance of the import and export contract, the basic content of each link and matters needing attention during the performance are introduced and explained as follows:

Section 1: Performance of Export Contracts

In my country's export trade, most transactions are concluded under CIF conditions and payment is collected according to the letter of credit payment method. The performance of this kind of export contract involves a wide range of work steps and procedures. It is complicated and there are many factors that affect fulfillment. In order to improve the fulfillment rate, each foreign trade company must strengthen collaboration and cooperation with relevant departments, strive to make all work accurate and meticulous, try to avoid disconnection, and ensure that every link is linked. Tight and orderly.

The procedures for performing export contracts generally include stock preparation, certification, certification review, certification modification, chartering, booking, customs declaration, inspection, insurance, shipment, document preparation, foreign exchange settlement and other work links. Among these work links, the four links of work are cargo (stock preparation), certificate (certificate reminder, certificate review and modification), ship (charter, booking), and payment (document preparation and settlement of foreign exchange). Only by doing a good job in these links can we prevent situations such as "goods but no certificate", "certificate but no goods", "goods but no ship", "ship but no goods", "document inconsistency" or violation of the shipment period. According to the long-term practical experience of my country's foreign trade, when performing export contracts, one should do the following work:

Preparation and inspection

In order to ensure timely and To deliver the agreed goods according to quality and quantity, after the conclusion of the contract, the seller must promptly confirm the source of goods, prepare the goods that should be delivered, and do a good job in reporting for export goods for inspection

Prepare goods

The content of stock preparation work mainly includes organizing the source of goods and urging the delivery of goods by Weiwei's production, processing or warehousing department according to the requirements of the contract and letter of credit, verifying the processing, sorting, packaging and marking of the goods, and inspecting and accepting the delivered goods. When counting and preparing goods, attention should be paid to the following matters:

Time to ship goods. In order to ensure on-time delivery, the supply work should be carried out according to the provisions of the contract and the letter of credit on the shipping period, and in conjunction with the shipping schedule, so that the ship and cargo are well connected to prevent the ship from waiting for the cargo.

The quality and specifications of the goods. The quality and specifications of the delivered goods must meet the agreed requirements. If not, they should be screened, processed, and sorted until the requirements are met.

Quantity of goods. The goods must be stocked according to the agreed quantity, and there should be room for replacement when necessary. If it is agreed that the overload can be overloaded by a certain percentage, the overload should be considered to meet the needs of the overloaded part.

Packaging of goods. Pack according to the agreed conditions, and verify whether the packaging meets the requirements for long-distance transportation and protection of goods. If the packaging is found to be defective or damaged, it should be repaired or replaced in time.

On the obvious parts of the package, the mark should be painted according to the irregular mark pattern. Attention should also be paid to whether other various marks on the package meet the requirements.

Apply for inspection

For export goods that must be legally inspected according to agreed conditions and national regulations, after preparing the goods, they should apply to the China Import and Export Commodity Inspection Bureau for inspection. Only after inspection The customs will release the goods only after the inspection certificate issued by the Commodity Inspection Bureau is issued. Any goods that fail to pass the inspection shall not be exported.

When applying for inspection, you should fill in the export inspection application form and go through the application inspection procedures with the Commodity Inspection Bureau. The content of the application form generally includes product name, specifications, quantity or weight, packaging, place of origin, etc. When submitting the application form, relevant documents such as the contract and a copy of the letter of credit should be attached for reference when the Commodity Inspection and Quarantine Bureau inspects and issues certificates.

When the goods pass the inspection and the Commodity Inspection Bureau issues an inspection certificate, the foreign trade company shall ship the goods for export within the validity period specified in the inspection certificate. If the goods cannot be shipped for export within the specified validity period, they shall report to The Commodity Inspection Bureau applies for an extension, and the Commodity Inspection Bureau conducts re-inspection. Only after the re-inspection is passed, export is allowed.

Certificate reminder, review and modification

Payment by letter of credit is required. When entering into an export contract, you should pay attention to the following work:

Certificate reminder

When the transaction is completed according to the payment terms of the letter of credit, the buyer's issuance of the letter of credit within the agreed time is a prerequisite for the seller to perform the contract , especially for bulk transactions or commodity transactions specially made according to the buyer's requirements, it is more necessary for the buyer to issue a certificate in a timely manner; otherwise, the seller cannot arrange production and organize the supply of goods. In actual business, it is sometimes the case that the buyer cannot issue a certificate on time due to various reasons. Therefore, we should do a good job in urging the certificate based on the stocking situation, and promptly remind the other party to go through the certificate issuance procedures at the agreed time to facilitate the performance of the contract.

Certificate Review

In actual business, due to various reasons, the letter of credit issued by the buyer is often inconsistent with the terms of the contract. In order to safeguard our interests and ensure receipt In order to ensure the security of foreign exchange and the smooth performance of the contract, we should carefully check and review the certificates from abroad according to the contract. When reviewing the certificates, we should pay attention to the following matters:

Political and policy review. Under the guidance of my country's foreign policy, certificates from different countries and regions are reviewed politically and policy-wise. For example, whether the country receiving the certificate has economic and trade relations with our country, whether the content of the certificate complies with the intergovernmental payment agreement, and whether the certificate is in compliance with the intergovernmental payment agreement. Does it contain any discriminatory content?

The credit standing of the issuing bank and the confirming bank. In order to ensure the safe collection of foreign exchange, the political and economic conditions of the country where the issuing bank and the confirming bank are located, the credit standing of the issuing bank and the confirming bank and the Their business style, etc., should be carefully reviewed, and appropriate measures should be taken as appropriate if any discrepancies are found.

The nature of the letter of credit and the issuing bank’s responsibility for payment. Pay attention to whether the letter of credit is an irrevocable letter of credit, whether the letter of credit is effective, and whether the payment responsibility for the issuing bank is included in the letter of credit. Add a stroke to eliminate "restrictive" clauses or other "reservation" conditions.

The amount of the letter of credit and the currency in which it is used. The amount of the letter of credit should be consistent with the contract amount. If the contract has an overload and underload clause, the amount of the letter of credit should also include the amount of the overload and underload part. The amount of the letter of credit should be in the currency of the contract. The currency is the same as specified in the contract.

Records about the goods. Whether the description of the product name, quantity or weight, specification, packaging and unit price in the incoming letter of credit is consistent with the provisions of the contract, and whether there are any additional special clauses. If the letter of credit is found to be inconsistent with the provisions of the contract, a decision should be made as appropriate whether to accept or accept the letter of credit or not. Modified decisions.

Regarding the shipping period, validity period and expiration place of the letter of credit, according to convention, all letters of credit must stipulate an expiration date for presentation of payment, acceptance or negotiation. If no expiration date is specified, A letter of credit cannot be used. Usually, the expiry date specified in the letter of credit refers to the latest date when the beneficiary presents the document to the bank at the place of export for negotiation. For example, the letter of credit stipulates the expiry date for making a document abroad. Since sending the document is time-consuming and has The risk of delay should generally be revised. Otherwise, the document must be submitted in advance to prevent it from being overdue. The shipping period must be consistent with the contract. If the certificate is too late and cannot be shipped on time, the foreign buyer should promptly apply for an extension of the shipping period. The validity period of the letter of credit There should be a certain reasonable interval from the shipment date so that there is enough time to handle the document preparation and settlement of foreign exchange after the goods are shipped. If the validity period of the letter of credit and the shipment date are stipulated on the same day, it is called "double expiration". It should be pointed out that "double expiry" "period" is unreasonable. Whether the beneficiary proposes modifications in this regard should be determined based on the specific circumstances.

Shipping documents, the types of documents required and the filling methods must be carefully reviewed. If inappropriate regulations and requirements are found, appropriate handling shall be made as appropriate.

Other special terms. Check whether there are any other special clauses in the certificate that are inconsistent with the provisions of the contract. If it is found that there are additional special clauses that are not suitable for me, it is generally not suitable to accept it. If there is no disadvantage to me and it can be done, I can use it flexibly as appropriate.

Change the certificate

If it is found during the verification process that the contents of the letter of credit are inconsistent with the contract provisions, the nature of the problem should be distinguished, and the relevant departments should separately study it and make appropriate handling. Generally In other words, if we discover terms that are unacceptable to us, we should promptly request the issuer to make changes. If there are multiple changes that need to be made on the same letter of credit, they should be made at once. If the letter of credit can be changed or not, or if it can be done with appropriate efforts without causing loss, it may be dealt with at the discretion. If the content of the modification notice forwarded by the advising bank cannot be accepted after review, it shall be Reject in a timely manner. If a modification notice contains multiple contents, you can only accept or reject them all. You cannot accept only one part and reject another part.

Chartering, booking, customs clearance, estimation and shipping

Chartering and booking

When the transaction is concluded under CIF or CFR conditions, the seller should promptly handle the chartering process For booking space, if it is bulk cargo, you need to go through chartering procedures; if it is bulk cargo, you need to book space. When booking space, each foreign trade company needs to fill in a shipping bill. The shipping bill is filled in by the shipper according to the terms of the contract and letter of credit. A document is issued to the shipping company or its agent for consignment of goods. If the ship deems it acceptable to carry the goods based on the contents of the consignment note, combined with the route, sailing date and cabin conditions, it will sign and seal the consignment note, keep a copy, and return it. One copy from the shipper. At this point, the booking procedure is completed and the transportation contract is established.

After accepting the shipper’s application for shipment, the shipping company or its agent will issue a loading note to the shipper to handle the shipping procedures. The loading note has three functions: First, it notifies the shipper. The ×× ship, voyage, and loading date have been assigned to prepare the goods for shipment. Secondly, it is convenient for the shipper to go through the export declaration procedures with the customs. Thirdly, it serves as a notice to order the captain to accept the shipment of the goods.

After the goods are loaded on the ship, the captain or first mate should issue a receipt, that is, the first mate’s receipt serves as a temporary receipt that the goods have been loaded. The shipper can use this receipt to report to the shipping company or its agent. The person pays the freight and exchanges for the formal bill of lading. If there is a chief mate's notation on the receipt, the first mate's notation should be written on the bill of lading when exchanging the bill of lading.

Back Customs

Before export goods are shipped, they must go through customs declaration procedures with the customs. When handling customs declaration for export goods, you must fill in the export goods customs declaration form and provide an export contract if necessary. Copies, invoices, packing lists, weight lists, commodity inspection certificates, and other relevant documents. After the customs inspects the relevant documents, it will stamp the loading list and release it for shipment and export.

Insurance

For any export contract concluded under CIF conditions, before the goods are shipped, the seller should promptly go through the valuation procedures with the People's Insurance Company of China. Insurance for export goods is done on a case-by-case basis. To handle the amount, the policy holder should fill out the application form and list the name of the goods, insurance amount, transportation route, means of transportation, sailing date, insurance type, etc. One by one, in order to simplify the insurance procedures, you can also use the export cargo detailed list or goods The shipping analysis sheet replaces the insurance policy. After the insurance company accepts the insurance, it will issue the insurance policy or insurance certificate.

Preparation of documents and settlement of foreign exchange

When the transaction is concluded according to the payment method of letter of credit, after the export goods are shipped and shipped, the foreign trade company should prepare various documents in a timely manner in accordance with the provisions of the letter of credit. Letter of credit, and submit it to the bank for negotiation and settlement procedures within the validity period of presentation specified in the letter of credit. In the document preparation work, we must be highly conscientious and very meticulous to ensure that "the documents (letter of credit) are consistent" and "the documents are consistent to facilitate timely and safe collection of foreign exchange.

When handling negotiations When settling foreign exchange, the following documents are usually submitted:

Bill of exchange

Exchange bills are usually issued in duplicate. As long as one of them is settled, the other will automatically Invalid.

Invoice

Commercial invoice, referred to as invoice, is a list issued by the seller containing the name, quantity, price and other contents of the goods, which is used by the buyer and seller to hand over the goods and make settlement. The main document for payment of goods is also one of the indispensable documents for handling import and export customs and tax payment.

Under the collection method, the invoice content should be filled in according to the contract provisions and combined with the actual loading situation. Under the letter of credit payment method, the invoice content should be consistent with the provisions and requirements of the letter of credit, such as The letter of credit stipulates that the port selection fee or port congestion fee borne by the buyer can be added to the total invoice, and the seller is allowed to collect payment from the issuing bank with this letter of credit. The seller can do so, but it should be noted that the invoice The total amount must not exceed the maximum amount stipulated in the letter of credit, because according to bank practice, the issuing bank may refuse to accept commercial invoices that exceed the amount permitted by the letter of credit.

Customs invoice

In international trade, some importing countries require foreign exporters to fill in customs invoices in the format specified by the customs of the importing country in order to pay taxes as a valuation, or to collect differential treatment tariffs. or the basis for imposing anti-dumping duties. In addition, it can also be used to compile statistical data.

When filling in the customs invoice, special attention must be paid to the following matters.

Customs invoices used by various countries have their own specific formats and cannot be mixed.

All items and contents on the customs invoice and the commercial invoice must be consistent and must not conflict with each other.

The "domestic market price of the exporting country" column should be handled with caution in accordance with relevant regulations, because its price is an important basis for the customs of the importing country to decide whether to collect anti-dumping duties.

If the selling price includes freight or includes freight and insurance, the FOB price, freight and insurance should be listed separately. The FOB price plus freight should be equal to the CFR value, and the FOB price plus freight and insurance should be equal to the CFR value. The fee should be equal to the CIF value of the goods.

The signer and certifier of the customs invoice cannot be the same person. They both sign in separate identities and must be signed by hand to be valid.

Consular invoice

Some importing countries require foreign exporters to provide the country’s customs with an invoice issued by the country’s consular visa. Its function is basically similar to that of a customs invoice. When the consuls of various countries issue consular invoices, Some countries have stipulated specific formats for consular invoices, and a certain consular visa fee is required. Some countries stipulate that the consul visa of that country can be printed on the exporter's invoice.

Manufacturer's invoice

Manufacturer's invoice is an invoice issued by the exporting manufacturer that calculates the price in its own currency and is used to prove the ex-factory price in the domestic market of the exporting country. Its function is to be used by the customs of the importing country. For the purpose of valuation, tax verification and collection of anti-dumping duties, if a foreign certificate requires a manufacturer's invoice, the method for filling in the domestic price of the customs invoice should be followed.

Bill of Lading

The bill of lading is the most important document among all kinds of documents. It is the basis for determining the rights and obligations, responsibilities and exemptions of both the carrier and the shipper. Each shipping company is responsible for The format of the bill of lading is different, but the content is similar, including the name of the carrier, shipper, consignee notifier, ship name, name of loading and unloading port, records of the goods and freight, and the date, place and copy of the bill of lading. Number, etc.

Insurance policy

When the transaction is concluded under CIF conditions, the exporter should insure and provide the insurance policy on its behalf. The content of the insurance policy should be consistent with the content of the relevant documents. For example: the insurance coverage and amount insured should be consistent with the provisions of the letter of credit; the name of the ship, port of shipment, destination port, approximate sailing date and records of the relevant goods on the insurance policy should be consistent with the contents of the bill of lading; the date of issuance of the insurance policy should not be Later than the date of the bill of lading, the amount on the insurance policy should generally be equivalent to the invoice amount plus 10%,

Certificate of Origin

Some countries do not use customs invoices or consular invoices , requiring exporters to provide a certificate of origin in order to determine the tax rate that should be levied on imported goods. The certificate of origin is generally issued by a notary public or industrial and commercial group in the export place. In our country, it is usually issued by the China Import and Export Commodity Inspection Bureau or the China Council for the Promotion of International Trade.

Generalized System of Preferences Documents

More than 20 countries, including New Zealand, Japan, Canada and the European Community, have granted our country GSP treatment. All goods exported to these countries, GSP documents must be provided as the basis for tariff reductions and exemptions by the customs of the other country. The contents of various GSP documents should be filled in in line with the requirements of each project and cannot be filled in incorrectly. Otherwise, the GSP benefits may be lost. Chance.

Inspection Certificate

Inspection certificate includes quality inspection certificate and weight inspection certificate. Quantity inspection certificate, veterinary inspection certificate, health inspection certificate, value inspection certificate and damage inspection certificate, etc. What kind of inspection certificate is provided should be clearly stipulated in the inspection terms in advance.

Packing list and weight list

The packing list is also called the color code list. It lists the color combination of each batch of goods; the weight list lists the color and color of each piece of goods. Net weight and gross weight, these two documents can be used to supplement the content of the commercial invoice to facilitate the customs inspection and verification of the goods in the importing country.

Here, it needs to be particularly emphasized that improving the quality of the document is important for ensuring the It is of great significance to collect foreign exchange safely and quickly, especially when the payment terms of a letter of credit are subject to the principle of convection between documents and payment. If the documents do not match and the documents are inconsistent, banks and importers may refuse to accept the documents and refuse to pay the payment. , therefore, when preparing foreign exchange settlement documents, the following points are required:

Correct. The contents of the documents must be correct. They must not only comply with the requirements of the letter of credit, but also truly reflect the actual situation of the goods, and the contents of each document must not be contradictory to each other.

Complete. The number of copies of documents should comply with the provisions of the letter of credit and cannot be missing. The contents of the documents themselves should be complete and there should be no shortage of items.

Timely, the document preparation should be timely to avoid missing the document presentation date or the validity period of the letter of credit. .

Be concise. The content of the document should be filled in according to the requirements of the letter of credit and international practices. Try to be concise and do not add unnecessary content.

The documents should be neat and tidy. The layout of the documents should be beautiful and elegant. The written or printed handwriting should be clear and eye-catching. It should not be easily changed, especially the amount, number of pieces and weight, etc. should not be changed.

In order to do a good job in the four links mentioned above, and to connect the work of each link with each other, so that the links are closely linked and to prevent disconnection, we must based on years of effective experience, Do a good job in the "four rows" and "three balances".

The so-called "four rows" refer to the sales contract as the object. According to the situation reflected in the card of the performance of the contract, including whether the letter of credit has been issued and whether the supply of goods has been secured, the thermal power plant team is classified into four types. Types: First, there is goods with certificate; Second, there is goods with certificate; Third, goods are available without certificate; Fourth, there is goods without certificate. Through the four rows, problems are found and solved in time

The so-called "three balances" "The purpose is to take the letter of credit as the object, according to the shipment period and the validity period of the letter of credit, combined with the source of goods and ship sources, and strive to achieve the connection and balance of the three aspects of goods, certificates and ships, so as to prevent the occurrence of accidents. There are disconnected phenomena such as delays in shipment, delays in shipment, or delays in making and closing orders within the validity period of the credit and certificate of use.

Do a good job of the above-mentioned "four rows" and "three balances" to ensure that the goods are The certificates and ships are connected to each other and closely linked, which is conducive to improving the performance rate and economic benefits.

When performing a CIF export contract paid against a letter of credit, the above four basic links are indispensable. However, when performing an export contract concluded according to other payment methods or other trade terms, the work links must be as follows: It is different. For example: in the case of using remittance or collection, there is no work process for us to urge, review and modify the certificate. When performing the CFR export contract, we are not responsible for the insurance. When performing the FOB export contract, we have neither the task of chartering the ship or booking the space, nor the responsibility of insuring cargo transportation insurance. It can be seen that the steps and work content of the export contract mainly depend on the type of contract and its content. The payment method used.

In addition, during the performance of the export contract, if the foreign buyer fails to issue a certificate on time or fails to perform its obligations as stipulated in the contract, causing us to suffer losses, we should based on different objects, different situations and the degree of loss, File a claim with the other party in a timely and well-founded manner to safeguard our legitimate rights and interests.

When the foreign businessman complains that the quality, quantity, and packaging of our delivery do not meet the agreed conditions, or we fail to ship the goods on time , causing the other party to suffer losses and make a claim against us, we shall, on the basis of investigation and research, ascertain the facts, clarify responsibilities, and make appropriate handling as appropriate. If it is indeed our responsibility, we shall compensate in a realistic manner. If it is an unreasonable request from a foreign businessman, we must refuse the claim with reason

During the performance of the export contract, claims and claims settlement may not necessarily occur. For example, if the contract is performed normally and smoothly, it will It will not be discovered

Section 2: Performance of Import Contracts

Most of the goods imported into our country are settled according to FOB conditions and using the letter of credit payment method. Import contracts signed according to these conditions, The general procedures for basic performance include: opening a letter of credit, chartering a ship and booking space, receiving goods, applying for freight insurance, reviewing documents for payment, customs declaration, picking up goods, accepting goods, allocating delivery and handling claims, etc., which are now introduced and explained respectively

Issue a letter of credit

The buyer’s issuance of a letter of credit is a prerequisite for the performance of the contract. Therefore, after signing the import contract, the letter of credit shall be issued in accordance with the regulations. If the contract stipulates that upon receipt If the seller notifies that the goods are ready or issues the certificate after the seller determines the shipping date, we shall issue the certificate promptly after receiving the above notice; if the contract stipulates that the certificate shall be issued after the seller obtains the export license or pays the performance deposit, our deviation shall be in After receiving the notice from the other party that the license has been obtained, or the bank notifying that the performance bond has been written, the certificate is issued. When the buyer goes through the issuance procedures with the bank, he must fill in the application form according to the contract content, and the bank will follow the application form. Therefore, the content of the letter of credit is issued based on the contract, and it should be consistent with the content of the contract.

After receiving the letter of credit, if the seller requests to extend the shipping period and validity period of the letter of credit or change the port of shipment, etc., if we agree to the other party's request, we can go through the certificate modification procedures with the bank.

Chartering and booking of space

When signing an import contract based on FOB conditions, the buyer should arrange the ship. If the buyer does not own a ship, he should be responsible for chartering and booking or entrusting a chartering agent. When completing the chartering and booking procedures, the seller should be notified of the ship name and shipping date in a timely manner so that the seller can prepare goods for shipment and avoid waiting for goods on the ship.

Receive the goods

After the buyer has prepared the ship, he should do a good job in urging the seller to prepare for shipment, keep abreast of the seller's preparation status and ship dynamics, and urge the seller to make preparations for shipment. For quantity For large or important imported goods, if necessary, you can ask our overseas agencies to help understand and supervise the other party's performance of the contract on the spot, or send personnel to the export location for inspection and supervision, so as to facilitate the smooth progress of the pick-up and transportation work.

Applying for freight insurance

For all imported goods that are opened and closed by us, after receiving the shipment notice from the seller, we should promptly provide the ship name, bill of lading number, and sailing date. , the port of shipment, the port of destination, the name and quantity of the goods, etc. are notified to the People's Insurance Company of China, which means that the insurance procedures have been completed, and the insurance company will be automatically responsible for underwriting the goods in accordance with the provisions of the advance insurance contract.

Document review and payment

After the goods are shipped, the seller negotiates the payment with the local bank based on the bill of lading and other relevant documents. When the negotiating bank sends the documents, they will be verified by the bank and are correct. Notify the buyer to pay the redemption order. If the bank cooperates with the document review and finds that the documents or documents are inconsistent, they should be dealt with on a case-by-case basis. There are many ways to deal with it, such as: refuse to pay for the goods; pay for the parts that match and refuse to pay for the parts that don’t; pay after the goods arrive and pass the inspection; pay with a guarantee issued by the seller or the negotiating bank, and reserve the right to claim while making the payment.

Customs declaration and pick-up

After the buyer pays the redemption order, as soon as the goods arrive at the port of destination, the buyer should go through the declaration procedures with the customs in a timely manner. After the customs inspects the relevant documents, certificates and goods, and signs and releases the bill of lading, the goods can be picked up

Acceptance and delivery of the goods

All imported goods must be It should be carefully inspected and accepted. If there are any problems with quality, quantity, or packaging, valid inspection certificates should be obtained in a timely manner so that claims can be made to the relevant responsible parties or other remedial measures can be taken.

For imported goods subject to statutory inspection, goods that have not been inspected must be reported to the commodity inspection agency at the place of unloading or arrival. They are not allowed to be sold and used. In order to file external claims within the prescribed time limit, any of the following All goods under certain conditions should be submitted for inspection on the spot at the unloading port. (1) The goods specified in the contract must be inspected at the unloading port; (2) The goods must be paid after passing the inspection upon arrival. (3) The goods with a short claim period stipulated in the contract. ;(4) Damaged, missing or abnormal goods have been found during unloading. If there is no such situation and the user is not at the port, the goods can be transferred to the location of the user for inspection and acceptance at their own choice. If any problems are found during the inspection, the local commodity inspection agency should promptly request an inspection certificate so that the claim can be disclosed to the outside world within the validity period of the claim. To file a claim,

After the goods are imported, the goods should be delivered to the user in a timely manner. If the user is located at the unloading port, the goods will be delivered nearby; if the user is not in the unloading area, the goods will be delivered to the consignee. The freight forwarder transfers the goods to the mainland and delivers them to the consumer. After the goods are delivered, the foreign trade company settles with the consumer.

When performing an FOB import contract based on a letter of credit, the above basic links are indispensable. However, when performing an import contract based on other payment methods and other trade terms, other basic links must be fulfilled. The work aspects are different. For example: in the case of remittance or collection, there is no work link for the buyer to issue a certificate; when performing the CFR import contract, the buyer is not responsible for chartering the ship and booking space. This work is handled by the seller. When performing CIF import At the time of the contract, the buyer not only is not responsible for the transportation of the goods from the cultivation port to the destination port, but is also not responsible for handling the freight insurance procedures. This work is handled by the seller in accordance with the agreed conditions. This shows that the performance of the import contract and work content , mainly depends on the type of contract and the payment terms adopted.

In addition, during the performance of the import contract, the buyer often suffers losses because the seller fails to deliver the goods on time or finds problems with quality, quantity, packaging, etc. after the goods arrive, and needs to file a claim with the relevant parties. Although import claims do not necessarily occur in every transaction, in order to protect our interests, we should be constantly prepared for this work and pay attention at all times to do a good job in import claims in the event of a seller's breach of contract or a freight accident. To this end, , we must pay attention to the following matters:

Determine the claim object on the basis of identifying the cause and clarifying the responsibilities

File a claim to the responsible party based on the nature of the accident and the cause of the loss. For example: If the original packaging is lacking and the quality and specifications are inconsistent with the contract, a claim should be made to the seller. If the quantity of the goods is less than the quantity stated in the bill of lading, or if the goods are damaged and in short supply when a clean bill of lading is issued, a claim should be made to the carrier. If goods suffer losses within the insured scope due to natural disasters or accidents, you should file a claim with the insurance company.

Provide claim evidence

In order to ensure the smooth progress of the claim, effective evidence such as accident records, short-loading or damage certificates and joint inspection reports must be provided. If necessary, Provide physical evidence or physical photos, etc.

Understand the claim deadline

A claim against the responsible party should be made within the specified time limit. Claims filed after the expiration date are invalid. The claim deadline is generally stipulated in the contract: Claim against the seller , should be submitted within the agreed time limit. If the contract does not stipulate a claim time limit, according to the "United Convention on Contracts for the International Sale of Goods", the buyer claims to the seller that the goods do not comply with the contract time limit, which is two years from the date when the buyer actually receives the goods; to the ship According to the "Hague Rules", the company's time limit for making a claim is one year after the goods arrive at the port of destination for delivery; the time limit for making a claim from the insurance company, according to the "Ocean Transport Cargo Insurance Clauses" formulated by the People's Insurance Company of China, is for all goods before unloading. Two years after unloading the ship.

Amount of claim

The amount of claim should be appropriately determined. In addition to the value of the damaged goods, relevant expenses (such as inspection fees, etc.) should also be added. The exact amount of the claim, and what expenses it includes, should be determined on a case-by-case basis.

Negotiation of international goods sales contracts

In international trade, the transaction is concluded after the buyer and seller reach a consensus on various transaction conditions through negotiation. Generally speaking, the transaction is concluded. , even if a sales contract is concluded, a contractual relationship exists between the buyer and seller.

Section 1 Transaction Negotiation

Transaction negotiation is an important part of foreign trade

Transaction negotiation refers to the negotiation between buyers and sellers on transaction conditions in order to achieve an agreement The specific process of unanimous agreement is an indispensable and important link in the process of international goods sales. It is also a necessary stage and legal procedure for signing a sales contract. The content of transaction negotiation includes various transaction conditions, which is related to the relationship between the buyer and the seller. economic benefits. This is because the results of transaction negotiations determine the specific content of the contract terms, thereby determining the rights and obligations of both parties to the contract. Therefore, both parties to the transaction attach great importance to this aspect of the work.

The content of transaction negotiations includes not only business and technical issues, but also legal and policy issues. It is a highly policy-based, strategic, technical and professional work, which means Those who want to participate in this work must have a high level of policy, rich product knowledge, and professional knowledge in business, law, and finance. In particular, they must master the basic knowledge of contract law, because in transactions The negotiation process is actually a comprehensive application of the above-mentioned knowledge, and the application itself is an art. It can be seen that in addition to having basic knowledge in many aspects, those participating in transaction negotiations should also be kind and calm. Combine principle with flexibility and adopt flexible and resourceful strategies and negotiation skills. Only in this way can we remain invincible and achieve the best expected results in transaction negotiations.

In international trade, transaction negotiation is a very difficult and complicated task, because the parties to the transaction belong to different countries or regions and have different social systems, political systems, legal systems, economic systems and Trade habits have different cultural backgrounds, values, beliefs and national habits, as well as difficulties in language and written communication. It can be seen that transaction negotiation in my country's foreign trade is much more complicated and difficult than negotiation in domestic trade.

In the process of foreign negotiation and transaction, because the positions of the two parties and the specific goals pursued by their leaders are different, the negotiation process is often full of sharp and complex conflicts of interest and repeated bargaining struggles. In reality, On the other hand, transaction negotiation is an important battle in conducting external business activities. The task of those participating in transaction negotiation is to use various effective strategies to correctly handle the conflicts between the counterparties based on the specific purchase and sale intentions. When there are conflicts and conflicts, both parties seek to reach an agreement. The choice of the subject is directly related to the interests and gains of both parties. It is legally binding and cannot be changed easily. Therefore, both parties should be cautious about whether to make a deal or reach an agreement. If it is due to our If the negotiation fails due to mistakes by our personnel, the opportunity to close the deal will be lost. If our personnel are eager for success. Due to negligence or other reasons, undue concessions were made, or unreasonable closing conditions and clauses contrary to legal provisions were accepted. These mistakes and hidden dangers in transaction negotiations are often difficult to remedy afterwards.< /p>