内容发布更新时间 : 2024/5/4 8:36:02星期一 下面是文章的全部内容请认真阅读。

学习情境一 审证和改证业务操作

一、学习目标

能力目标：能根据外贸合同审出信用证中的问题条款，能针对问题条款提出修改意见。 知识目标：掌握审证的依据和步骤，熟悉改证的原则。

二、工作项目

2008 年 2 月 15 日，浙江金苑进出口有限公司与阿联酋的 SIK 贸易有限公司签订了 一份全棉女式夹克出口的销售合同，具体内容如下：

SALES CONTRACT NO.: ZJJY0739 DATE: FEB. 15, 2008 THE SELLER: ZHEJIANG JINYUAN IMPORT AND EXPORT CO., LTD. 118 XUEYUAN STREET, HANGZHOU, P.R.CHINA TEL: 0086-571-86739177 THE BUYER: SIK TRADING CO., LTD. 16 TOM STREET, DUBAI, U.A.E. TEL: 00971-4-3535876 FAX: 00971-4-3535878 FAX: 0086-571-86739178

This Contract is made by and between the Buyer and Seller, whereby the Buyer agrees to buy and the Seller agrees to sell the under-mentioned commodity according to the terms and conditions stipulated below： Commodity & specification Ladies Jacket Style no. L357 Style no. L358 2250pcs 2250pcs Quantity Unit price

Amount USD27000.00 USD27000.00 CIF Dubai, U.A.E. USD12.00/pc Shell: woven twill 100% cotton Lining: Woven 100% polyester As per the confirmed sample of Jan. 30, 2008 and Order no.SIK768 TOTAL 4500pcs USD54000.00 TOTAL CONTRACT VALUE: SAY U.S. DOLLARS FIFTY FOUR THOUSAND O NLY. Size/color assortment for Style no. L357 : Unit: piece USD12.00/pc

Size White Red Total S 180 180 360 S 180 180 360 M 360 360 720 M 360 360 720 L 450 360 810 L 450 360 810 XL 180 180 360 XL 180 180 360 Total 1170 1080 2250 Unit: piece Total 1170 1080 2250

Size/color assortment for Style no. L358 : Size White Blue Total More or less 5% of the quantity and the amount are allowed. PACKING : 9 pieces of ladies jackets are packed in one export standard carton, solid color and solid size in the same carton.. MARKS: Shipping mark includes SIK, S/C no., style no., port of destination and carton no. Side mark must show the color, the size of carton and pieces per carton. TIME OF SHIPMENT : Within 60 days upon receipt of the L/C which accord with relevant clauses of this Contract. PORT OF LOADING AND DESTI NATION: From Shanghai, China to Dubai, U.A.E. Transshipment is allowed. and partial shipment is prohibited. INSURANCE: To be effected by the seller for 110% of invoice value covering All Risks as per CIC of PICC dated 01/01/1981. TERMS OF PAYMENT

: By irrevocable Letter of Credit at 30 days after sight, reaching the seller not later than Mar. 5, 2008 and remaining valid for negotiation in China for further 15 days after the effected shipment. In case of late arrival of the L/C, the seller shall not be liable for any delay in shipment and shall have the right to rescind the contract and /or claim for damages.

DOCUMENTS: + Signed Commercial Invoice in triplicate. + Full set of clean on board ocean Bill of Lading marked “freight prepaid” made out to order of shipper blank endorsed notifying the applicant. + Insurance Policy in duplicate endorsed in blank. + Packing List in triplicate. + Certificate of Origin certified by Chamber of Commerce or CCPIT. INSPECTION:

The certificate of Quality issued by the China Entry-Exit Inspection and Quarantine Bureau shall be taken as the basis of delivery.

CLAIMS :

In case discrepancy on the quality or quantity (weight) of the goods is found by the buyer, after arrival of the goods at the port of destination, the buyer may, within 30 days and 15 days

respectively after arrival of the goods at the port of destination, lodge with the seller a claim which should be supported by an Inspection Certificate issued by a public surveyor approved by the seller. The seller shall, on the merits of the claim, either make good the loss sustained by the buyer or reject their claim, it being agreed that the seller shall not be held responsible for any loss or losses due to natural cause failing within the responsibility of Ship-owners of the Underwriters. The seller shall reply to the buyer within 30 days after receipt of the claim.

LATE DELIVERY AND PENALTY：

In case of late delivery, the Buyer shall have the right to cancel this contract, reject the goods and lodge a claim against the Seller. Except for Force Majeure, if late delivery occurs, the Seller must pay a penalty, and the Buyer shall have the right to lodge a claim against the Seller. The rate of penalty is charged at 0.1% for every day. The total penalty amount will not exceed 5% of the shipment value. The penalty shall be deducted by the paying bank or the Buyer from the payment. FORCE MAJEURE:

The seller shall not held responsible if they, owing to Force Majeure cause or causes, fail to make delivery within the time stipulated in the Contract or cannot deliver the goods. However, in such a case, the seller shall inform the buyer immediately by cable and if it is requested by the buyer, the seller shall also deliver to buyer by registered letter, a certificate attesting the existence of such a cause or causes.

ARBITRATION:

All disputes in connection with this contract or the execution thereof shall be settled amicably by negotiation. In case no settlement can be reached, the case shall then be submitted to the China International Economic Trade Arbitration Commission for settlement by arbitration in accordance with the Commission?s arbitration rules. The award rendered by the commission shall be final and binding on both parties. The fees for arbitration shall be borne by the losing party unless otherwise awarded.

This contract is made in two original copies and becomes valid after signature, one copy to be held by each party. Signed by:

THE SELLER:

ZHEJIANG JINYUAN IMPORT AND EXPORT CO., LTD.

THE BUYER:

SIK TRADING CO., LTD

李 立 Jack Black

2008 年 2 月 25 日，浙江金苑进出口有限公司外贸单证员陈红收到了杭州市商业银行 （HANGZHOU CITY COMMERCIAL BANK）国际业务部的信用证通知函，告知 SIK 贸易