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LAW Issues Concerning Commodity Inspection In The International Trade

Posted on:2005-03-18Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhangFull Text:PDF
GTID:2156360122985379Subject:Law
Abstract/Summary:PDF Full Text Request
The commodity inspection is necessary for the development of international trade and developing with it. Stipulating the commodity inspection terms is to make sure whether the sellers make the delivery and the cargoes conform to the agreement. The inspection certificate is issued by the correlative bureau as the gist of claim for compensation.With cases, the paper illustrates the significance of stipulating the terms in the international trade, narrates some concrete problems in the practice of the terms, analyzes by emphasis the inspection rights and double inspection rights, inspection period and place, inspection standard and method, inspection certificate and bureau, etc. Along with the situation of our commodity inspection, some suggestions are supplied in the terms and the development of our business.The cases tell us the quality and quantity terms should be clearly stipulated and the sellers should be informed in time in case anything unexpected happens when both the sellers and buyers are familiar with the international traditions and treaties in the international trade. As for the inspection and counterclaim terms, the inspection in shipping port shouldn't comply with the country standard or industry standard but the contract, and the certificate is used to the voucher to bank remittance. The buyers have the double inspection right and can double inspect after the cargoes arrive in the destination if the shipping needed, and should inspect in time after receiving the cargoes and inform the sellers unconformity in reasonable time. The inspection period should be long enough since the traders exist so that the double inspection usually is carried through only when the cargoes reach the final factory. The inspection method should be clearly figured and adopted the international one in the condition of no agreement for it in advance. The inspection bureau should be agreed in advance otherwise the two parties should choose one confirmed by both.Microcosmically, it is important to know about the law and rules of importing countries, the treaties and the traditions, and enlarge the knowledge of ourselves. The quality and quantity terms should be stipulated clearly and exactly, the technical level and such factors should be concerned in negotiating. The specification, the quantity and the weight should be made to conform to the international standard or industry standard and the packing should be safe enough to protect the cargoes. As for the inspection standard, take care to choose the new edition and make sure the meaning of the standard should be concerned. Generally speaking, the same terms shouldn't be used both in the import and the export contract. The bureau should be born by the third party and the double inspection term and the counterclaim terms should be distinguished.Macroscopically, the law and rules of commodity inspection should be attached great significance to when we study the technical rules overseas. We should perfect our technical standard and correlative system in setting up the standardization system. It is a must to fetch in the modern technology and the advanced inspection equipment, enhance the concept of technical inspection, train the talented people to improve the technology level of inspection bureau. Finally, we should do the internal management scientifically to promote the market process of inspection department gradually.
Keywords/Search Tags:International
PDF Full Text Request
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