Question

国际贸易实务案例分析。。。。英文的。。。

1.A Chinese exporter signed a CFR contract with an importer in American on canned meat for an amount of US$50000,with payment by D/P at sight.On the morning of May 5,2006,the goods were all loaded onto the named vessel.The Chinese salesperson in charge of this contract was so busy that he forgot to send the buyer the shipping advice until the next morning.Unexpectedly,when the American importer went to the local insurance company to insure the goods,the insurance company had already learned that the ship suffered a wreck on May 6 and refused to insure the shipment.The American importer immediately sent a fax to the Chinese exporter saying "owing to your delayed shipping advice,we are unable to insure the goods.Since the vessel has been destroyed in a wreck,the loss of goods should be for your account.At the same time,you should compensate our profit and expense losses which amount to US$50000."Soon all the shipping documents sent through the collecting bank were returned to the Chinese exporter ,for the reason that the importer refused to take up the shipping documents.
Who should be responsible for the loss and why?
2.A Chinese international trade company exported a batch of walnut to England on the basis of CIF London.As it was a seasonal commodity,it was stipulated in the contract that the covering L/C should reach the seller before the end of September.The seller guaranteed that the vessel would reach the port of destination not latter than December 2.If the vessel reached the port of destination later than that day,the buyer was entitled to cancel the contract.In case the payment had been made,the seller should return the payment to the buyer .Then,where do you think the crux lies in this case?

Answer 1

1.The Chinese should be responsible for the loss. As per the clause of CFR term,the exporter is responsible for notifying the shipping details ASAP and the importer can arrange the insurance in time.If the notify delayed and cause the loss without insurance covering,the expoeter must bear the loss.

2.In this case, the crux lies is the date of reaching the destination.Because it is normal for vessel delay on sea shipment.The seller cannot control the shipping times on the sea.So the L/C should amend for the reach time,instead of the departure time.