Aed-1 Unit-3 Export Sales Contract
Aed-1 Unit-3 Export Sales Contract
Aed-1 Unit-3 Export Sales Contract
1. State the meaning and basic elements of an export sales contract. Distinguish Between Domestic sales Contract and Export Sales Contract. ANS: The export contract should be very explicit regarding goods and specifications, price, mode of payment, storage, packing, delivery schedule and so on. Normally the contract is sent with a pro forma invoice by airmail. Although contracts may be oral or partly in writing and partly by word of mouth, it is always safer for the exporter to produce his terms of selling in writing and obtain the signatures of his buyer or authorised representative. Export sales contract can be informal or formal, depending on the foreign buyer. 1. An offer to sell made over the telephone by the exporter, covering the type of good, quantity to be sold, per unit price and delivery and payment terms accepted by the foreign buyer or an offer to buy from the importer. # Such a contract may be preceded by the series of offers and counteroffers before the final offer and acceptance. Such a contract may or may not be confirmed in writing. # It usually occurs between branches of the same company or between long-standing trade partners or between reputable companies dealing in commodities subject to rapid price changes. 2. An offer to sell made by airmail, courier, telex, cable, facsimile or Email by the exporter and accepted by the foreign buyer. 3. A pro-forma invoice by facsimile, air mailed, E-mailed or courier by the exporter to the buyer and confirmed by the foreign buyer. 4. A formal typewritten contract setting out all the conditions of the sale and signed by both buyer and seller. The essential elements of a contract of sale should include the following: a) Names and addresses of the parties b) Product, standards (quality) and specifications 1
In practice, trade terms are written with either all upper case letters (e.g. FOB, CFR, CIF, and FAS) or all lower case letters (e.g. fob, cfr, cif, and fas). They may be written with periods (e.g. F.O.B. and c.i.f.).
Free Carrier The delivery of goods on truck, rail car or container at the specified point (depot) of departure, which is usually the seller's premises, or a named railroad station or a named cargo terminal or into the custody of the carrier, at seller's expense. The point (depot) at origin may or may not be a customs clearance center. Buyer is responsible for the main carriage/freight, cargo insurance and other costs and risks. In the air shipment, technically speaking, goods placed in the custody of an air carrier is considered as delivery on board the plane. In practice, many importers and exporters still use the term FOB in the air shipment.
Goods are placed in the dock shed or at the side of the ship, on the dock or lighter, within reach of its loading equipment so that they can be loaded aboard the ship, at seller's expense. Buyer is responsible for the loading fee, main carriage/freight, cargo insurance, and other costs and risks. In the export quotation, indicate the port of origin (loading) after the acronym FAS, for example FAS New York and FAS Bremen. The FAS term is popular in the break-bulk shipments and with the importing countries using their own vessels. 4. FOB {+ the named port of origin}Free On Board
The delivery of goods on board the vessel at the named port of origin (loading), at seller's expense. Buyer is responsible for the main carriage/freight, cargo insurance and other costs and risks. In the export quotation, indicate the port of origin (loading) after the acronym FOB, for example FOB Vancouver and FOB Shanghai. Under the rules of the INCOTERMS 1990, the term FOB is used for ocean freight only. However, in practice, many importers and exporters still use the term FOB in the air freight. In North America, the term FOB has other applications. Many buyers and sellers in Canada and the U.S.A. dealing on the open account and consignment basis are accustomed to using the shipping terms FOB Origin and FOB Destination. FOB Origin means the buyer is responsible for the freight and other costs and risks. FOB Destination means the seller is responsible for the freight and other costs and risks until the goods are delivered to the buyer's premises, which may include the import customs clearance and payment of import customs duties and taxes at the buyer's country, depending on the agreement between the buyer and seller. 7
The delivery of goods to the named port of destination (discharge) at the seller's expense. Buyer is responsible for the cargo insurance and other costs and risks. The term CFR was formerly written as C&F. Many importers and exporters worldwide still use the term C&F. In the export quotation, indicate the port of destination (discharge) after the acronym CFR, for example CFR Karachi and CFR Alexandria. Under the rules of the INCOTERMS 1990, the term Cost and Freight is used for ocean freight only. However, in practice, the term Cost and Freight (C&F) is still commonly used in the air freight. 6. CIF {+ the named port of destination} Cost, Insurance and Freight The cargo insurance and delivery of goods to the named port of destination (discharge) at the seller's expense. Buyer is responsible for the import customs clearance and other costs and risks. In the export quotation, indicate the port of destination (discharge) after the acronym CIF, for example CIF Pusan and CIF Singapore. Under the rules of the INCOTERMS 1990, the term CIF is used for ocean freight only. However, in practice, many importers and exporters still use the term CIF in the air freight. 7. CPT {+ the named place of destination} Carriage Paid To The delivery of goods to the named place of destination (discharge) at seller's expense. Buyer assumes the cargo insurance, import customs clearance, payment of customs duties and taxes, and other costs and risks. In the export quotation, indicate the place of destination (discharge) after the acronym CPT, for example CPT Los Angeles and CPT Osaka. 8. CIP {+ the named place of destination} Carriage and Insurance Paid To The delivery of goods and the cargo insurance to the named place of destination (discharge) at seller's expense. Buyer assumes the import customs clearance, payment of customs duties and taxes, and other costs and risks. In the export quotation, indicate the place of
The delivery of goods and the cargo insurance to the final point at destination, which is often the project site or buyer's premises, at seller's expense. Buyer assumes the import customs clearance and payment of customs duties and taxes. The seller may opt not to insure the goods at his/her own risks. In the export quotation, indicate the point of destination (discharge) after the acronym DDU, for example DDU La Paz and DDU Ndjamena. 9
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3. What are the duties of exporter and importer Under FOB contracts. Ans: FOB (named port of shipment) Contract: Following are the duties of exporter under FOB contract: i) Supply the contracted goods in conformity with the contract of sale and deliver the goods on board the vessel named by the buyer at the named port of shipment. ii) Bear all costs and risks of the' goods until such time as they shall have effectively passed the ship's rail. iii) Provide at his own expense the customary clean documents in proof of the delivery of the goods. Duties of the importer include: i) Reserve the necessary shipping space and give due notice of the same to the exporter and ' ii) Bear all costs and risks of the goods from the time they have effectively passed the ship's rail and pay the price as provided for in the contract. 4. What are the duties of exporter and importer Under CIF contracts.
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INTERNATIONAL DISPUTE SETTLEMENT 5. Explain the meaning of International Arbitration.? Ans: International arbitration is a leading method for resolving disputes arising from international commercial agreements and other international relationships. As with arbitration generally, international arbitration is a creature of contract, i.e., the parties' decision to submit disputes to binding resolution by one or more arbitrators selected by or on behalf of the parties and applying adjudicatory procedures, usually by including a provision for the arbitration of future disputes in their contract. The practice of international arbitration has developed so as to allow parties from different legal and cultural backgrounds to resolve their disputes, generally without the formalities of their respective legal systems. Enforcement of international arbitration In the case of international transactions, arbitration becomes international when at least one of the parties involved is resident or domiciled outside India or the subject matter of the dispute is abroad. In this case, the law applicable to an arbitration proceeding depends upon the terms and conditions of the export contract and the rules of conflict of laws. Therefore, it is always advisable to specify in the export contract as to which laws the contract is subject to in case a dispute arises in future.
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8. Do you think arbitration is better than litigation? Discussion? Ans: Yes Arbitration is more suitable than Litigation 1. Arbitration can be set in two to three weeks or, at most, two to three months instead of two to three years for a trial setting. 2. There is little or no discovery. Either depositions and interrogatories will be restricted or else there may be none. 3. Arbitration is private. Court is public. In arbitration, strangers and news media will not be allowed in court. 4. Arbitration is not appealable. It is final. Court cases are always subject to rehearings, new trials, and appeals. Post trial proceedings can take longer and cost more than the original trial. Arbitration generally has no rehearings, new trials, or appeals. 5. Litigation costs in arbitration are substantially less than in court. 6. Arbitrators are not known for awarding huge amounts for punitive damages, mental anguish, pain and suffering and other non-economic damages.
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Summary
GROUP
TERM
Stands for
Mode of Transportation
Land Ocean Air Multimodal
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Cost and Freight Cost, Insurance and Freight Carriage Paid To Carriage and Insurance Paid To
Land Ocean Air Multimodal
Delivered At Frontier Delivered Ex Ship Delivered Ex Quay Delivered Duty Unpaid Delivered Duty Paid
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