Exercises练习
I.True or False
1.In international trade,litigation is the preferred way for settling disputes between the importer and the exporter.( )
2.In international trade,only the importer has the right to require an inspection.( )
3.A statutory inspection for export ensures that the merchandise for export is of the right quality,quantity and weight,and that it is safe,sanitary,healthy,authentic and environmentally-friendly.( )
4.The legal consequence of invoking a force majeure clause is to cancel the contract or delay the execution of the contract.( )
5.An arbitration agreement must be reached by the parties for signing a contract before a dispute occurs,otherwise the dispute cannot be submitted for arbitration.( )
6.If there is no claim clause in the contract,the importer has no right to lodge a claim.( )
7.A claim must be made within the prescribed period of time in the contract with supporting evidence.( )
8.When an arbitral award is rendered,the disputants can still bring up an appeal to a law court.( )
9.A mediation agreement is not binding on the disputing parties.( )
10.All commodities to be exported must be inspected by the commodity inspection authority under the Customs before they are exported.( )
II.Multiple Choice Questions
1.The common method for inspecting the quality of exported products is that( ).
[A]pre-shipment inspection in the exporting country and re-inspection in the importing country are combined as final
[B]inspection at the port of destination is taken as final
[C]inspection at the port of loading is taken as final
[D]weight at the port of loading and quality at the port of destination are taken as final
2.In most cases,claims for short delivery shall be made on( ).
[A]the buyer
[B]the seller
[C]the carrier
[D]the insurance company
3.In the event of( ),the defaulting party may invoke the force majeure clause to claim exemption of contractual obligations.
[A]a war
[B]international price fluctuations
[C]currency devaluation
[D]mistakes in production
4.Claims in international trade include( ).
[A]trade claims
[B]transportation claims
[C]insurance claims
[D]all the above
5.When deciding the place of arbitration for an import and export contract,which of the following country do traders generally believe to be fair to both the importer and exporter?( )
[A]A third country.
[B]China.
[C]The importer’s country.
[D]The exporter’s country.
6.Which is the CORRECT statement about "Inspection in the exporting country,re-inspection in the importing country”?( )
[A]It is favorable to the importer.
[B]It is favorable to the exporter.
[C]It considers the interests of both the importer and the exporter.
[D]It is favorable to the insurance company.
7.Which one of the following is an INCORRECT statement about the function of the inspection certificate?( )
[A]It determines the standards and methods of inspection.
[B]It is the certificate required for customs clearance.
[C]It is one of the documents to be presented by the exporter for negotiation under a letter of credit.
[D]It is evidence that the goods delivered by the exporter conform.to the provisions of the contract.
8.Which of the methods for resolving disputes has(have)binding force on the disputing parties?( )*
[A]Negotiation.
[B]Mediation.
[C]Arbitration.
[D]Litigation.
9.Which of the following parties may require an inspection?( )*
[A]The importer.
[B]The exporter.
[C]The importer’s country.
[D]The exporter’s country.
10.Which of the followings is(are)suggested to be specified in the contract for a claim clause?( )*
[A]Which inspection is final.
[B]The allowed period for making claims.
[C]The re-inspection certificate.
[D]The organization that issues the re-inspection certificate.
III.Case Study
1.A Chinese furniture manufacturer Okart Furniture Co.,Ltd.concluded an export contract for 200 sets of dining tables and chairs with an American company AllNature Furniture Trading Co.,Ltd.,under Incoterm CIF New York.The contract stipulated the time of shipment in December 2016.At the end of November,however,Okart’s warehouse caught fire,resulting in the burning of about half of the furniture.It asked AllNaure to exempt its responsibility of delivery on the ground of a force majeure incident.The US importer disagreed and insisted on it making delivery on time.It had nochoice but managed to deliver the goods in early January 2017,and the importer made a claim for late delivery.
Questions:
(1)Is it reasonable for Okart to ask for exemption from the delivery responsibility?Why?
(2)Is Allnature’s claim reasonable?Why?
2.Craftcloth Textile & Garment Co.,Ltd.,a Chinese textile and garment company exported 50,000 yards of cloth to India through an India trading company Radiance Textile Co.,Ltd.The contract had stipulated that the allowed period for claim was 30 days after the arrival of the goods at the port of destination.After the goods were unloaded at the port of destination they were accepted by the importer without problem.Half a year later,however,Radiance made a claim saying that the garments made by the cloth had shrunk after wash and supported it with a certificate issued by the inspection authority of India.What do you think Craftcloth should cope with this issue?