国际销售合同

书籍目录

PART ONE

LEGALITIES OF

Chapter

INTERNATIONAL SALES CONTRACT

1 The Applicable Laws for (nternational Sales

Contract

Commercial Laws- The UN Convention on Contracts for

International Sales of Goods-Scope of the Convention

On written contract-Important issues beyond the CISG

provisions-The Foreign Economic Contract Law of the

People' s Republic of China-On applicable law-Breach

and remedies-Settlement of disputes

2 Basic Concept of International Sales

Contract

Contract-What is a contract-Enforceability-Agreement

International Sales Contract-International character

Sales contract-Different forms of sales contract in inter-

national trade-Contents of sales contract

3 Formation of Contract

Offer-Definition of an offer-Validity time of offer-With-

drawal of offer-Revocation of offer-Termination of offer

Chinese trading practices-Acceptance-Definition of ac-

ceptance-Revision of an offer-Late acceptance-Time of

formation of a contract

4 Performance of Contract

The Responsibilities of the Seller To deliver the goods-

To hand over the documents relating to the goods-To-

transfer the Property to the goods-Responsibilities of

the Buyer-To pay the price-To take delivery of the

goods

5 Remedies for Breach of Contract

The Three Remedies-Remedies for Breach of Contract

by the Seller-Remedies for seller' s refusal or delay to

deliver the goods-Remedies for seller' s delivery of

goods which do not conform with the contract-Reme-

dies for Breach of Contract by the Buyer-To require the

buyer to perform his obligations-To claim damages-To

declare the contract avoided

6 Export And Import Procedures In China

Export Procedures-Preparing goods as required under

the contract-Examining and amending the L/C-Char-

tering proper means of transportation-Documentation

and getting paid-Import Procedures-To establish an L/

C with a bank-To make shipping arrangement-To ef-

fect insurance-To pay the price and get the title to the

goods-To take delivery of the goods and clear the goods

from the Customs

PART TWO

Contents of International Sales contract

Chapter

7 Preamble

Opening paragragh-Diversity of wording

8 Object of Contract

Commodity description-Quality-Samples-Specifications

Flexibility in quality-Major and minor points

9 Quantity and Packing

Different weight and measure systems-Various kinds of

weight-More or less clause-Packing specifications-An

important condition

10 Price

Varieties of export price-How to choose proper trade

terms-Varients of CIF terms-Quoting export price-Es-

calation clause-Commission and discount-Open price

Price of a complete plant

11 Delivery

Delivery and shipment-Time of shipment-Time of ar-

rival-Shipping arrangements-Seller' s responsibility In-

surance arrangement-Special commodities-Transfer of

title-Frozen ports-Destination in a land-locked country

Optional destinations

12 Payment

Banker' s credit-Exporter' s draft-Kinds of credit-Pay-

ment on collection basis-How to protect seller' s interest

13 Inspection

Right of inspection-Independent public surveyor-When

and where to make inspection-Inspection clause-Price

adjustmant-Inspection and certification-Buyer' s accep-

tance

14 Erection,Test-run and Operation

Import of complete plant-Test-run and operation

15 Force Majeure

Definition of Force Majeure-Force Majeure clause

16 Warranty and Remedy

Warranty clause-How to make remedy-Need for limita-

tions-Resort to litigation-Penalty-Patent right

17 Arbitration,Taxes and Other Provisions

Significance of arbitration-Place of arbitration-Be

prudent

Appendix: Contract

作者简介

国际销售合同，ISBN：9787810006903，作者：诸葛霖，王小山，夏赛花编著

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