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Làm đề 2022
Làm đề 2022
Company ABC (Vietnam) agreed to sell XYZ (France) 1000 tons of cashew nuts at US$
1500 /ton CIF Marseille Port (Incoterms 2020). Each bag is 50 kg net weight, delivered
in container at Sai Gon port. Delivery deadline is before December 2022. Payment is
made by documentary credit method (irrevocable L/C at sight).
As an exporter, draft the following terms: the name of the goods; Quantity; Quality;
Price; Packaging and marking; Delivery; Payment; Penalty for Contract breach;
Arbitration of the said contract so that the two parties can accept and sign the contract.
Note: Students set reasonable assumptions for the test, correct the unreasonable
information of the test (if any) to draft the terms of the contract.
Answer:
1. The name of goods
Lack of origin, manufacturing year, scientific name
VietNam Cashew Nuts, crop in 2021
2. Quantity
Lack of tolenrance rate, should add information like “At the seller options”
1000 tons ± 5% At seller’s options.
3. Quality
Cách 1:
Cách 2:
+ Date of issued: within 7 days from the signing date of this contract.
+ Period for presentation: within 21 days after B/L date but within the validity of the
credit.
+ Document required:
9. Arbitration
Lack of article includes contents as follow:
+ Types of arbitration
+ Application law
+ Arbitrator’s decision
+ Term
ARBITRATION: Any dispute arising out of or in relation with this contract shall
be resolved by arbitration at the Vietnam International Arbitration Centre (VIAC)
in accordance with its Rules of Arbitration. The arbitration fee will be suffered by
lost party.
Question 2 (5 marks): Answer the following questions and explain your answers
Please study the following situation and select appropriate Incoterms 2020. The seller in
Binh Duong (Vietnam), port of loading is Cat Lai port of HCM City, buyer in
Philippines, port of discharge (cảng trung chuyển or cảng đích) is Manila port. The
commodity is 10,000 tons of rice.
a. Case 1: The seller hires the main means of transport, pays the freight, pays insurance
for the goods. Risks are transferred since the goods are on board. (1 mark)
CIF Manila port, Incoterms 2020
b. Case 2: The purchaser does not agree with the conditions stated in the above
mentioned case but asks the seller to load the goods onto the ship that is nominated by the
buyer, then the seller completes the export procedures. (1 mark)
FOB Cat Lai port, Incoterm 2020
c. Case 3: The seller requests that after helping the buyer make the export procedures at
the expense of the buyer, the seller fulfills his obligation after delivery of the goods at the
warehouse. (1 mark)
DDP Philippines ,Incoterm 2020
d. Case 4: The seller, after carrying out the export procedures, shall deliver the goods to
the carrier at the wharf (cầu cảng) in the port of loading in order to fulfil his obligation. (1
mark)
FAS Cat Lai port of HCM city, Incoterm 2020
e. Case 5: The seller delivers the goods to the carrier at the CFS (Container Freight
Station) port of Cat Lai and does customs clearance. The buyer rents the main means of
transport and buys insurance for the goods. (1 mark)
FCA Cat Lai, Incoterm 2020