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BÀI TẬP CHAPTER 1 sts Ver
BÀI TẬP CHAPTER 1 sts Ver
BÀI TẬP CHAPTER 1 sts Ver
I. General Questions
2. What is a grace period? What - A grace period is a time past the deadline for an obligation
is excusable delay nearly during which a late penalty that would have been imposed
always subject to? is waited
3. What is a penalty clause? A clause whose purpose is not to compensate but to punish
and is designed to give the contractor a significant financial
advantage if the terms of a contract are breached
4. What is the purpose of a quasi- To relieve the exporter of liability for delay in delivery
indemnity?
5. In delivery, what are the main It ensures the physical safety of the goods and provides
roles of transportation? correct documentation
6. Should the requirements of For the goods to arrive safely, correct packaging and
packaging and marking be shipping marks are essential. Such matters are often made
mentioned in the sale contract? the subject of a separate clause in the export contract
because claims arising from delay or damage can be
settled only if it is clear who is responsible for packing and
marking.
7. Why does the shipping Because the bank will refuse to pay if the shipping
documents correspond exactly documents are in any way incorrect
with the conditions of the letter
of credit?
8. Before paying a claim for loss,
what should insurers do?
9. What is the unvalued policy?
10. What risks does General
Exclusion Clause exclude?
II. Gap-Filling
1. If the parties must wait for the contract to become date P37
effective, the delivery date often depends on the
....................... of coming into force.
2. Some contracts (especially fixed-price contracts) cut-off P37
set a ................... date after which the contract
cannot come into force.
3. A ................... period is sometimes used to grace P37
facilitate early delivery.
4. A force majeure clause often ............. the exporter relieves (P37)
of his duty to deliver until the force majeure event
is over.
5. If the force majeure event continues for too long, terminate P37
both parties should have the right to ...................
the contract.
6. To avoid the cost and uncertainty of proceedings (P37
legal ..................., many contracts regulate in
advance the compensation for late delivery.
7. A ................... is not enforceable in Anglo- penalty (P34)
American courts, though the quasi-indemnity is
usually enforced.
8. The contract should ....................... the type of specify (P54)
packaging and the shipping marks agreed by the
parties.
9. On delivery, the exporter receives from the carrier shipping (P54)
the most important of all the .......................
documents, the bill of lading (or consignment
note).
10. Each mode of transport has a ....................... characteristic (P54)
shipping document: the marine bill of lading, the
air waybill, the rail consignment note, and the road
consignment note are the most common.
Combined transport (container transport) uses a
combined transport bill of lading.
11. The marine bill of lading, to be acceptable as a named (P54)
shipping document under a letter of credit, must
bear the notation that the goods have been shipped
on board a ....................... vessel.
12. Payment under a letter of credit depends largely on correctness (P54)
the ....................... of the shipping documents.
13. Payment under a letter of credit may be delayed if failed (P54)
the letter of credit repeats exactly the contractual
packaging requirements but the exporter has
....................... to meet them.
14. 8. The carrier will note any ....................... in the defects (P54)
packaging, weight or general appearance of the
goods on accepting them from the exporter. (The
carrier does not inspect the goods themselves, only
the packaging.)
15. In CIF and CIP contracts, the exporter must pay port of delivery (p64)
for insurance from ....................... to the named
point of arrival.
16. The insured can make three kinds of arrangement the floating policy
with the insurer: the tailor-made policy,
....................... and the open cover.
17. The main principle of insurance is ....................... utmost good faith
18. A ....................... has three variant clauses: Cargo marine
Clauses A, B and C. Clause A covers anything not
excluded; clauses B and C exclude anything not
expressedly covered.
19. ....................... issues Incoterms to standardize ICC (International Chamber of
delivery procedures. Commerce)
20. A “held covered” clause offers some protection misdescription
against .......................
3. Late delivery causes loss to the buyer-loss that can be compensated False P37
Late delivery causes
loss to the buyer—
loss that must be
compensated.
4. A lump-sum compensation is normal in case of late delivery. It may F P37
be set too high as quasi-indemnity The lump-sum may
be set too high
(penalty),
about right
(liquidated
damages), or too low
(quasi-indemnity).
IV. Matching
A B
1. The BUYER shall advise the a. then the SELLER may at his discretion deliver
SELLER the name the Goods to a bonded warehouse
2. If the vessel named by the BUYER b. of the full circumstances of the Delivery to the
fails to arrive on or before July 30th, warehouse
3. Goods are to be packed in ….and c. shall be marked: the package number, gross
are to be weight, net weight, the lifting position
4. With Delivery to the warehouse, all d. purposes of inspection at a reasonable time
costs, including agreed by the parties.
5. On the surface of each package e. well protected against damping, shock, rust or
delivered under this Contract rough handling.
6. The SELLER shall permit access to f. of the vessel not later than 07 Days before the
the Goods for agreed Delivery date.
7. In this event, the SELLER must g. but not limited to cost of storage and insurance
notify the BUYER are to the BUYER’s account.
8. To allow payment at early stage, h. the goods have been loaded on board a named
vessel.
9. The most important shipping i. there is no reason for a negotiable bill of
document is issued by the carrier lading.
10. Since containers move by road, rail, j. international commerce has developed the
ship and air, letter of credit.
11. A trucking company issues k. when the exporter hands over the goods for
transportation.
12. A marine bill of lading must l. the person who holds it has title to the goods
indicate that described.
13. The marine bill of lading can be m. a combined transport bill of lading is used to
made a negotiable document as cover multi-mode transport.
14. If the consignee intends to receive n. a road consignment note on taking over the
the goods personally, goods.
15. A certificate of insurance o. a letter from the exporter to the buyer stating
that the goods are insured.
16. One disadvantage of the floating p. states in outline the cover offered and gives the
policy is that details of the individual shipment
17. The valued policy means that q. the goods shipped in an unseaworthy vessel are
not insured
18. A letter of insurance is r. it is set up for a particular time and
automatically expires unless renewed.
19. Improper packaging means that s. the exporters stated the value of the goods on
the insurance document.
20. The Unseaworthiness and Unfitness t. the damage resulting from improper packing
Exclusion Clause says that or preparation is not covered