12.1 Inspection检验

12.1 Inspection检验

An inspection in international trade is an inspection of certain aspects of the goods by the inspection authority or a third-party inspection service of the importing and/or exporting country that aims to protect the health and safety of people,animals,plants,the environment,the interests of both importer and exporter and the security of their countries.An inspection for export can be required out of the following reasons:Firstly,the importer may demand an inspection to make sure the goods delivered conform to contract.Secondly,some countries,including China,mandate a statutory inspection for export of certain categories of goods before releasing them for overseas market,which makes sure that the merchandise for export is of the right quality,quantity and weight,and that it is safe,sanitary,healthy,authentic and environmentally friendly.Thirdly,some importing countries may require a pre-shipment inspection of certain imports or imports above a certain value,which could be based on their laws,regulations or trade conventions.Fourthly,both the exporting and the importing countries can request an inspection based on bilateral or multilateral agreements between the two countries.

An inspection clause in an export contract should generally specify the organization to conduct the inspection,the standard and contents of the inspection and which inspection is taken as final.

Inspections for export are mostly conducted by the inspection and quarantine authorities under the General Administration of Customs,or by its authorized inspection services such as Societe Generale de Surveillance S.A.(SGS),the most renowned inspection company based in Geneva,Switzerland.The inspection and quarantine authorities under local customs district administer by law all of the statutory inspections for import and export.For a statutory inspection,you can either have the goods inspected in your company’s own name or authorize your freight forwarder or a customer broker to file an application.Either way,the application should be filed with your local customs district,or any other office designated by the Customs in orderto speed up clearance.For non-statutory inspections,private inspection services are also available,though your contract with the importer determines which inspection institution is acceptable.The inspections should follow an agreed-upon standard and may cover quality,quantity,weight,package,health,sanitation,origin,etc.,and a certificate is issued if the goods pass the inspection.For some products,the container and the trucks that hold or deliver them should also be inspected.

However,it is often not enough to merely have your goods inspected as per the contract,statutes of the government or requirements by the importing country.Sometimes,the goods pass the pre-shipment inspection,but fail the re-inspection at destination.This tends to cause a dispute—which inspection is final?The pre-shipment inspection at the exporter’s side or the destination inspection at the importer’s side?And how can we draft the inspection terms in a contract in order to avoid such a dispute?

Clearly,as either pre-shipment inspection or destination inspection favors one party and disfavors the other,neither is fair enough to both parties.This calls for a more balanced arrangement between the exporter and the importer—a combination of a pre-shipment inspection and a destination re-inspection.With such an arrangement,you may obtain payment sooner by presenting the qualified inspection certificate and other required documents when payment is by letter of credit.The importer,meanwhile,gets to retain the right to re-inspect them and,if supported by valid evidence,to claim for non-conformities as per the contract.Because of the balanced distribution of power between the importer and the exporter,such an arrangement is widely used in import and export.