合同写作

nullnullTeam Members: 孙英 夏梅姿 吴海玺 刘璐nullShipment Shipment In international trade, it is generally accepted that the contract is broken if the exporter does not dispatch the goods in accordance with the terms of shipment as agreed upon between the importer and the exporter. Time of Shipment（装运时间）Time of Shipment（装运时间）Two ways setting the time with a fix date. E.g. shipment is to made before July 25, 2010. setting the time within a certain period of time after receipt of the L\C . e.g.: shipment is to made 30 days after the seller receives the L\C. null The phrase like “immediate shipment”, “promt shipment”,“shipment as soon as possible” should be avoided in a contract to prevent possible disputes resulted from different understandings about “immediate”, “promt”, and “as soon as possible” Notes nullNormally, one specific port of shipment and one specific port of destination are stipulated in a contract. However, in order to meet some special requirements, two or more ports may be specified for either the shipmnet or the destination. e.g.: “optional Hamburg\Rotterdam”. In case the “optional port” is adopted, the seller should make sure that all the optional ports shall be the calling ports on the same sailing route of a liner service.Port of Shipment and Port of destination （装运港和目的港） null avoid ambiguous terms, such as “European Main Ports”, “Chinese Ports”, otherwise the seller will find it difficult to book shipping space and arrange shipment, hence difficult to fulfill the contract. the name of the port should be followed by the name of the country in case different ports having the same name. e.g., there are 12 “Victoria” ports in the world. In order to make the port as clear as possible, it should be specified as “Victoria, Cananda”Notes nullgeneral terms ：“Partial Shipment Allowed”, “Partial Shipment Prohibited”. Usually, the time and quantity of each shipment should be specified whenever possible, such as “Shipment during June and July in two equal lots”, “Shipments shall be effected at intervals of every other month.” “Shipment beginning from October in three equal monthly lots.”Partial shipment 分批装运 Transshipment 转运Transshipment 转运The clause should specify whether transshipment is allowed or not. In practice, the intermediate port and trnsshipment will be arranged by the first carrier without any agreement from the consigner.Demurrage and Dispatch（滞期和速遣） ---a way of encouraging timely shipmentDemurrage and Dispatch（滞期和速遣） ---a way of encouraging timely shipmentDefinition Demurrage: a kind of penalty charge paid by the charterer to compensate the ship-owner for failure of completing loading or unloading within the laytime that is allowed by the ship-owner without additional charge for the loading or unloading of the goods. 滞期是一种惩罚性的费用，有租船方在船舶停泊时间内没有完成装卸时支付的给船主的费用。 nullDispatch: a kind of bonus paid by the ship-owner to the charterer if he completes loading or unloading ahead of the laytime. Usually, dispatch is half of the demurrage. 速遣是船主在停泊时间提前完成装卸时给予租船放的一种奖励性的费用。通常速遣费是滞期费的一半。 Examples of Useful Clauses of Shipment Examples of Useful Clauses of Shipment“Shipment is to be made at or before the end of May, 2010.” “Transshipment is permitted at Hong Kong.” “The Seller shall be liable for any dead freight or demurrage, should it happen that they failed to have the commodity ready for loading after the carrying vessel has arrived at the port of shipment on time.” null4 “The cargos are to be shipped on or before October31, 2010 subject to acceptable L/C reaching the Seller by October15, 2010, and partial shipments prohibited, transshipment allowed. Loading port is Shanghai, China. Port of destination is London optional Liverpool, United Kingdom.” 5 “Partial shipment is permitted.” Words and ExpressionsWords and Expressionssupply of goods 货物供应 shipping space 运输仓位 issuing date of L/C 开证日期 a fixed date 固定日期 immediate shipment 立即装运 port of shipment 装运港 port of destination 目的港 be discharged 卸货 optional port 可供选择港口 calling port 停靠港 sailing route 航线 liner service 班轮服务 ambiguous terms 含糊术语 partial shipment 分批装运 nulltransshipment 转运 lot 批次 carrier 承运人 marketing channel 销售渠道 turn over of the funds 资金周转 storage capacity 仓储能力 direct ship 直达船 intermediate port 转船港口 demurrage 滞期 dispatch 速遣 timely shipment 及时装运 voyage charter 程租船 laytime 船舶停泊时间 nullInsurance In international trade, cargo traveling long distance to another country may face all kinds of risks such as fire, storm, collision, etc. in order to protect the cargo from losses or damages caused by possible risks, the buyer or seller usually will apply for an insurance covering the cargo in transit before the shipment to spread risks. nullnullnullMarine losses 海损 Marine losses are damages or losses of the insured goods incurred by perils of the sea. LossesTotal lossPartial lossActual total loss（实际全损） Constructive total loss（推定全损）General average （共同海损） Particular average （单独海损） null“Average” in marine insurance simply means loss, which goes back to the situation where a ship is in danger, the captain has to make a decision to abandon some cargos to rescue the ships, and some shippers will suffer the loss.Attention:nullnullIn a contract, we usually see: “insurance is to be covering All Risks and War Risk for CIF invoice value plus 110%.” “insurance is to be affected by the Seller against FPA for invoice amount plus ten percent only, and additional insurance required by the Buyer shall be effected by him and at his own expense” “Insurance: To be covered by the Buyer after shipment.” “If war risks premium is higher than 0.1%, the Seller is authorized to draw the difference in excess of L/C amount, or to exempt from providing such insurance,” 如果战争险的保险费超过0.1%， 卖方有权收取超过信用证金额部分的保险费，或者不投保此险。 …Cases analysis 1，Insurance shall be effected for the amount of invoice plus 10 %. Cases analysis 1，Insurance shall be effected for the amount of invoice plus 10 %. nullseller’s Covered by the seller Types of insurance If additional amount of coverage is required, the buyer must have the consent of the seller before shipment, and the additional premium is to be borne by the buyer. Consequences( if the goods are not insured in time) Case 2 Case 2 我国某出口公司与英国某进口公司成交锌锭600公吨， 合同 劳动合同范本免费下载装修合同范本免费下载租赁合同免费下载房屋买卖合同下载劳务合同范本下载 规定四月至六月内分批装运，但是没有规定每月的具体装运数量。然而之后英国公司开来的信用证中要求：shipment during April / June. First shipment 100 MT, second shipment 200 MT, third shipment 300 MT. 结果我国该出口公司于4月份装运200公吨，五月份400公吨。可是待该出口公司装运完毕备妥全套运货单据到银行议付时，却遭到银行的拒付。 1、银行拒付是否合理？ 2、启示？ null1、根据合同的规定，我国该出口公司的两次装运完所有的货物时没有问题的。但是，信用证上的规定与合同有出入，信用证的装运条款属于定量分批装运。我国出口公司收到信用证后没有及时提出异议，每次装运的数量就应该按照信用证的规定，不能多装，也不能烧装，否则必会导致单证不符而遭致银行拒付。本案中，该出口公司根据合同而不是根据信用证规定进行装运，银行拒付是合理的。2、 合同条款应当清晰、具体，否则很有可能带来不必要的麻烦 在合同履行过程中应该采取谨慎的态度，熟悉相关的法律条 款，按照法律规定行事。Conclusion Conclusion Shipment Insurance Case analysisContract writing needs solid professional knowdge and skills, meticulous and prudent attitude, patient and careful behavior. So let’s work hard to equip ourselves with them. null