Precautions for avoiding foreign trade disputes

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The disputes between the foreign trade parties in the trade process are often caused by the fact that the quality clauses in the foreign trade contract are not clear. We may wish to learn about legal knowledge through a case. The trade mentioned in this article is mainly foreign trade, that is, the trade activity between one party is a Chinese company and the other party is a foreign company.

One of the problems reflected in the actual work of foreign trade is that the disputes between the foreign trade parties in the trade process are mainly due to the fact that the quality clauses in the foreign trade contracts are not clear.

There is a dispute between Company A and Company B.

For example, Company A (a company in Shanghai, China) and Company B (a company in Tokyo, Japan) trade in the sale of clothing. Since Company A is shipped to the designated port of destination of Company B, Company B also receives the goods. According to the relevant foreign trade contract, Company B shall pay by T/T. However, Company B did not pay the relevant amount in time. Company A sent a fax to Company B several times and requested Company B. Payment, Company B remained silent, neither paid nor stated any reason. Under this premise, Company A again sent a fax to Company B, and made it clear that if it does not pay within 10 days, Company A will be based on the foreign trade contract. In respect of the terms, the company shall be investigated for liability. At this time, Company B responded. The reason for not paying was that the quality of the goods provided by Company A did not meet the requirements. Now the company's next home provides serious quality problems in the quality of the goods, and Company B is required to pay compensation. Responsibility and more. At the same time, Company B stated that if Company B’s next family legally requires Company B to assume liability for compensation, then the compensation for this part will be borne by Company A and so on.

We are not here to judge who is the problem of company A and company B, but mainly analyze the quality of the goods and the quality of the goods. In any case, due to the dispute, it will inevitably affect the fundamental interests of both parties, including those who are deliberate, and there are many cases where the quality clauses in the foreign trade contract are not clear. To this end, the relevant quality clauses and specific regulations in the foreign trade contract are respectively described as follows, so as to make the relevant managers and operators engaged in foreign trade enterprises a reference.

Should pay attention to in foreign trade contracts

It should be said that the quality clause is the more important clause in the foreign trade contract. The quality of the goods will determine the specific price of the goods. At the same time, it is also the basis of the foreign trade contract. Therefore, in the foreign trade contract, the quality of the goods must be clearly defined and the quality of the goods determined. Time and place, as well as the main treatment methods when quality problems occur.

First, the general representation of the quality of goods is mainly the following:

1. The quality is subject to the seller's sample. Quality as per seller's sample.

2. The quality is based on the buyer's sample. Quality as per buyer's sample.

3. Buy or sell by specification, grade or standard. Sales by specification, grade or standard.

4. Good average quality. Fair average quality, (FAQ).

5. Good quality and good quality. Good merch-antable quality, (GMQ).

6. Trade by trademark or brand. Sales by trademark or brand.

7. Buy and sell by order. Sales by specification.

Second, the example of the product quality reference:

1. The quality certificate issued at the port of shipment is based on the latter.

Quality certificate by _______at loading port to be taken as final

2. Subject to manufacturer's factory inspection. Make-r's inspection in the factory to be final

3. The quality of the inspection when shipped in an independent and impartial manner shall prevail.

Quality inspected by independent public surveyor at the time of shipment to be final.
4. The seller sells the sample by sample and must ensure that the quality of the goods arrives exactly the same as the sample.

Goods sold by sample shall be guaranteed by the seller to be fully equal to sample upon arrival at destination.

5. The average medium quality at the time of shipment, based on the official average medium quality of the London Grain Trade Association.

Fair average quality at the time and place of loading shall be assessed upon the basis of London Corn Trade Association's official 's FAQ standard.

6. The quality is based solely on the sample provided by the seller's day.

Quality to be strictly as per sample submitted by the seller on ____________(date).

7. The seller must ensure that the delivery quality is the same as the other samples provided.

The seller shall guarantee all shipments to conform to samples submitted with regard to quality.

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