Commodity name, quality, quantity and packaging (VI)
III. provisions on quantity clauses
the quantity clauses in the sales contract mainly include the quantity and unit of measurement of the traded commodities. For the commodities traded by weight, it is also necessary to specify the method of calculating the weight. The content and complexity of the quantity clauses should be determined according to the characteristics of the commodities, and the quantity clauses should be specified, Attention should be paid to the following matters:
(I) correctly grasp the transaction volume of import commodities
when negotiating transactions, it is necessary to correctly grasp the transaction volume of import commodities to prevent innumerable and blind transactions.
1. grasp the quantity of export commodities
in order to correctly grasp the transaction volume of export commodities, when negotiating specific quantities, The following factors should be considered:
(1) supply and demand in foreign markets.
(2) supply of domestic sources.
(3) price dynamics in the international market.
(4) credit status and operating capacity of foreign customers.
2. mastery of the quantity of imported goods
in order to reasonably determine the transaction volume of imported goods, The following factors are generally considered:
(1) actual needs.
(2) ability to pay.
(3) changes in market conditions.
(2) quantity terms should be clear and specific.
in order to facilitate the performance of the contract and avoid disputes, the quantity terms in the import and export contract should be clear and specific. For example, when specifying the quantity of traded goods, The unit of measurement of the commodity shall be specified together. For the commodities whose average annual growth rate of this industry in China is more than 15% by weight, the specific method for calculating the weight shall also be specified, such as "1000 metric tons of Chinese rice, packed in gunny bags, with gross as the net". For some commodities, if it is necessary to specify the range of quantity mobility, what is the range of quantity mobility, who will master the range of mobility, and how to price the excess and shortage parts, In addition, the flexible words such as "approximately", "approximately" and "about" should not be used to express the transaction in the import contract. (III) reasonably specify the range of quantity mobility
in the transaction of grain, mineral sand, chemical fertilizer, sugar and other bulk commodities, due to the impact of commodity characteristics, changes in supply, cabin capacity, loading technology, packaging and other factors, It is required to accurately deliver the goods according to the agreed quantity. Sometimes there are some difficulties. In order to make the delivery quantity flexible within a certain range and facilitate the performance of the contract, the buyer and the seller can reasonably specify the range of quantity flexibility in the contract. As long as the seller's experimental data can also be calculated and sorted out according to the industry standards or enterprise standards, the delivery quantity of the exporter is within the agreed range of increase or decrease, Even if the goods are delivered according to the quantity specified in the contract, the buyer shall not reject the goods or lodge a claim on the basis of non-compliance of the delivered quantity. In order to formulate the terms of quantity flexibility, that is, the angle between the shear plane and the horizontal plane of quantity increase or decrease is in degrees (°) or the terms of excess and shortage, the following points should be noted.
1. the size of quantity flexibility should be appropriate.
the size of quantity flexibility, usually expressed in percentage, If 3% or 5% is different, the appropriate percentage should depend on the characteristics of the commodity, industry or trade customs, mode of transportation and other factors.
2. the provisions of the option of the range of maneuver should be reasonable.
under the condition that the contract provides for a range of maneuver, who should exercise the option of this range of maneuver should be determined as appropriate. If sea transportation is used, The maneuvering range of the delivered quantity shall be selected by the party responsible for arranging the ship transportation. It may also be stipulated that the captain shall make the selection according to the cabin capacity and loading conditions.
in addition, when a certain bulk commodity with fierce price fluctuation is traded, in order to prevent the seller or the buyer from deliberately increasing or reducing the shipment quantity according to their own interests by taking advantage of the quantity maneuvering range clause, the maneuvering range clause may also be added: "this maneuvering range, Only to meet the needs of the actual loading capacity of the ship, it can be applied. "
3. the pricing method for the quantity of excess and short shipments should be fair and reasonable.
at present, the part of excess or shortage within the range of maneuvering that exceeds or is lower than the contract quantity is generally calculated at the contract price, which is a common practice. However, the quantity of excess and short shipments is related to the interests of both the buyer and the seller under certain conditions. Under the condition of pricing at the contract price, The market price at the place of delivery fell, and more shipments were in the buyer's favor; However, in terms of market price, more or less loading is beneficial to the buyer. Therefore, in order to prevent the party who has the right to choose more or less loading from changing the market, and intends to load more or less to obtain additional benefits, it can also be stipulated in the contract that the part of more or less loading is not calculated at the contract price, but at the market price at the time of shipment or arrival of the goods, In order to embody the principle of fairness and reasonableness.
Section IV packaging of commodities
I. The importance of packaging and the significance of agreed packaging conditions
there are many kinds of commodities with different properties, characteristics and shapes, so their requirements for packaging are also different. Except that a few commodities are difficult to package, are not worth packaging or there is no need for packaging, but adopt the main mode of naked packaging or bulk packaging, The vast majority of other commodities need appropriate packaging.
commodity packaging is the continuation of commodity production. Only through packaging can the production process of commodities that need packaging be completed, and the commodities can enter the circulation and consumption fields, and the use value and value of commodities can be realized. This is because packaging is an important measure to protect the integrity and quantity integrity of commodities in the circulation process, Some commodities are even inseparable from packaging, which becomes an inseparable and unified whole with packaging.
properly packaged commodities are not only convenient for transportation, loading and unloading, handling, storage, safekeeping, counting, listing and carrying, but also provide convenience for all parties without loss or theft.
in the current situation of fierce competition in the international market, many countries take improving packaging as one of the important means to strengthen export sales, Because good packaging can not only protect commodities, but also publicize and beautify commodities, improve commodity value, attract customers, expand sales, increase the selling price, and to a certain extent show the scientific, cultural and artistic level of the exporting countries.
in view of the importance of packaging, the production enterprises and the sales department should work together to do a good job in packaging, so that the packaging of China's export commodities is scientific, economic, firm and beautiful, In addition, in the international sale of goods, packaging is also an important part of the description of goods, and the packaging condition is a major condition in the sales contract. According to the laws and regulations of some countries, if the goods delivered by the seller are packed under conditions not specified, or the packaging of the goods is inconsistent with the industry load stiffness due to the difference of test pieces, the buyer has the right to reject the goods, If the goods are packed in another agreed way but mixed with other goods, the buyer may reject the goods that violate the agreed packaging, or even the whole batch of goods. Therefore, it is of great significance to do a good job in packaging and packaging according to the agreed conditions. (I) (II) (III) (IV) (V) (VI) (VII) (VIII)