First, multiple choice questions

1. An export company sent an express offer to a company in Hamburg, Germany on August 25th, 20001. At 3: 00 pm on August 23rd, our company received the express delivery from German company and the fax of withdrawing the acceptance. According to the United Nations Convention on Contracts for the International Sale of Goods, this item is acceptable.

A. it can be withdrawn. B. Irrevocable, the contract is established. C. it can be withdrawn with our consent. D. it cannot be withdrawn, but it can be revoked.

2. The expiry date stipulated in the letter of credit is May 3, 20061day, but the latest shipment date is not specified, which can be understood as (c).

A. the latest shipment date is 200 1 May 10 B. the latest shipment date is 200 1 May 16.

C the latest shipment date is may 3, 20061day, and this letter of credit is invalid.

3. Exclusive agency and exclusive sales (a)

A. The former is a principal-agent relationship, and the latter is a buying-selling relationship. B. The former is a business relationship, and the latter is a principal-agent relationship.

C. they are all principal-agent relationships. D. It's all business relationships

4. Futures Trading (B)

A. you can do it anytime, anywhere. B it must be traded on the futures exchange at the opening time specified by the exchange.

C. Trading must be conducted on a futures exchange, but there is no time limit. D it must be conducted at the time specified by the exchange, but the transaction is not limited to the exchange.

5. The ocean bill of lading can apply for mortgage loan from the bank because (d)

A. A bill of lading is a receipt for goods issued by the carrier. The bill of lading is negotiable.

C. the bill of lading is evidence of the contract of carriage. Bill of lading has the nature of ownership certificate.

6. According to the interpretation of the 2000 General Rules, if the transaction is conducted under FOB conditions, the risk division between the buyer and the seller is based on (b).

A. Give the goods to the carrier for safekeeping B. Ship at the port of shipment C. Give the goods to the buyer for disposal D. Ship at the port of destination

7. Item (c) means "the main freight has been paid".

Group A.E, group B.F, group C.C, group d.d.

8. According to (a), bills of exchange are divided into bank bills and commercial bills.

A. drawer B. payer C. payee D. acceptor

9. There are two ways to stipulate claim clauses in import contracts, and (a) is commonly used in general commodity sales contracts.

A. Objection and claim clauses B. Penalty clauses C. Penalty clauses D. Deposit rules

10. Where the goods and samples are not completely consistent, (d) is generally not suitable for trading.

A. Specification B.No. C. Standard D. Sample

Second, multiple choice questions

1. According to the United Nations Convention on Contracts for the International Sale of Goods, the condition for a valid offer is (ABC).

A. one or more specific people. Indicates that the offeror is bound when accepted.

C. the content of the offer is very clear. D. the validity period is clearly stipulated in the offer. It must be communicated to the offeree.

2. In China's export business, there are (ABC) ways to make documents and settle foreign exchange under the letter of credit.

A. Collection and settlement of foreign exchange B. Negotiation C. Regular settlement of foreign exchange D. Withdrawal E. Factoring

3. In order to conclude the transaction at CIF price, the documents that the exporter must submit include (ABC).

A. commercial invoice B. insurance policy C. bill of lading D. commodity inspection certificate E. certificate of origin

4. The difference between the three terms of delivery to the carrier and the three commonly used terms of delivery at the port of shipment is (ABC)

A. Place of delivery B. Applicable mode of transportation C. Risk division boundary D. Export declaration procedure E. Import declaration procedure

5. Characteristics of arbitration (ABCD)

A. On the voluntary basis of the parties B. Without an arbitration agreement, no arbitration institution will accept the case.

C. excluding the court's jurisdiction over disputed cases D. the arbitral award is final and binding on both parties

E. the arbitration agreement must be reached before the dispute occurs.

6. International trade practices related to trade terms mainly include (ABC)

A. Warsaw-Oxford Rules 1932 B. Definition of American Foreign Trade 194 1 (Revised).

C. Incoterms C. Hague Rules C.《2000 E. Hamburg Rules

7. The main function of transport packaging is (Abe)

A. protect the goods B. facilitate transportation and storage C. promote sales D. beautify the goods E. prevent the goods from being damaged or damaged during loading and unloading.

8. If OCP clause is adopted, a batch of goods shipped from Shanghai to Detroit and Chicago shall meet the following conditions (ABC).

A. transshipment must be made at the west coast port of the United States. The bill of lading must be marked "OCP".

The name of the port city on the west coast and the final destination names of Detroit and Chicago must be filled in the port of destination column of the bill of lading.

D. it must be urgently needed by the United States. It must be transshipped at a port on the east coast of the United States.

Third, the noun explanation

1. Offer: Also known as offer in law, it means that one party to a transaction proposes to conclude a contract with one or more specific people. If the content is very clear and the offeree shows the intention of being bound when accepting it, it constitutes an offer.

2. Processing trade: The so-called processing trade refers to the trade practice that a country's enterprises use their own equipment and production capacity to process, manufacture or assemble raw materials and parts from abroad, and then sell their products abroad. Processing trade can be divided into two basic forms: processing with supplied materials and processing with supplied materials.

3. Neutral packaging: refers to the packaging and internal and external packaging that do not indicate the country of production on the goods. Neutral packaging can be divided into brand neutrality and unlicensed neutrality.

4. Remittance by draft: refers to the remittance method in which the remitting bank issues a spot bank draft on behalf of the remitter at the application of the remitter and pays a certain amount to the payee on behalf of its branch or correspondent bank.

5 .*** General average: The ship carrying the cargo encounters natural disasters or accidents during the voyage, endangering the safety of the ship and cargo, and some special sacrifices and extra expenses made by the ship to ensure the safety of the ship and cargo or to continue sailing.

6. Clean bill of lading: refers to the bill of lading in which the goods are in "apparent good condition" at the time of shipment, and the carrier has not indicated that the goods and packages are defective.

7. Right of recourse: refers to the right of the holder to demand the former holder to repay the amount of the bill, interest and other legal payments after the bill has not been paid, accepted or preserved for other legal reasons.

8. Letter of credit: refers to the written document issued by the bank to the exporter according to the importer's application and instructions, which guarantees payment under the conditions of meeting the terms of the letter of credit.

9. Counter-offer means that the offeree disagrees with or does not fully agree with the terms of the offer, and puts forward suggestions for modification, suggesting that the original offeror consider it.

10. Trade term: a special term used in international trade to indicate the price composition of goods and explain the risks, responsibilities and cost allocation related to the delivery of goods.

1 1. Equivalent samples: refers to the samples of similar quality copied or provided by the seller according to the samples provided by the buyer, and then sent to the buyer for confirmation as the basis of delivery quality.

12. Quality tolerance: refers to the product quality error recognized by the same industry in China.

13. Overloading and shortloading clause: namely, the quantity increase and decrease clause, which means that the seller can pay more or less a certain percentage of the cost according to the quantity in the contract at the time of delivery, usually added to the quantity clause. The contents of the overflow clause mainly include the percentage of the maneuver range, who chooses the overflow part and the pricing method of this part.

14. shipping marks: also known as shipping marks and numbers, refer to simple figures, characters and numbers written, stamped and brushed on transport packages.

15. Symbolic delivery of goods: It means that after the seller has shipped the goods according to the contract, it submits relevant documents including the property certificate to the buyer, even if the delivery obligation is completed, there is no need to guarantee the arrival of the goods.

16. International multimodal transport: It is a comprehensive and coherent mode of transport based on container transport. Generally, containers are used as the medium to organically combine the traditional single modes of transportation by sea, land and air to form international coherent transportation.

17. demurrage: refers to the fact that the charterer fails to complete the loading and unloading operations within the specified time limit, causing economic losses to the ship, and the charterer pays a certain fine to the ship for this.

18. Blank endorsement: a way to indicate the endorsement of a bill of lading. Refers to the signature of the endorser on the back of the bill of lading, but does not indicate the name of the endorsee.

19. Warehouse-to-warehouse clause: W/W for short. Warehouse-to-warehouse clause is the starting and ending clause of insurance liability, that is, insurance liability begins when the insured goods leave the place of departure or storage specified in the insurance policy, including normal transportation by sea, land, inland river and barge, until the goods reach the last warehouse or storage of the destination consignee specified in the insurance policy or other storage places used by the insured for distribution, distribution or abnormal transportation. However, if the final delivery of the insured goods is not completed within 60 days after all the insured goods are unloaded from the seagoing ship at the final port of discharge, the insurance liability shall be terminated at the expiration of 60 days.

20. Bill of exchange: refers to an unconditional written order issued by one person to another, requiring the payer to pay a certain amount to someone or their designee or holder at sight or on a regular basis or in a certain time in the future.

2 1. Endorsement: refers to the act of the holder signing the back of the bill, or adding the name of the transferee, and giving the bill to the transferee.

22. Collection: refers to the way that the exporter entrusts the goods to the local bank according to the sales contract and collects the payment from the importer through its branches or agencies abroad.

23. Discount: In the international market, if the holder of a forward bill wants to get the fare before the payer pays, he can transfer the bill to a discount bank or financial company by endorsement, and they will pay the fare after deducting a certain discount interest. This practice is called discount.

24. Transaction negotiation: In the international sale of goods, the process in which buyers and sellers negotiate the relevant conditions of buying and selling goods with a view to reaching a transaction is usually called trade negotiation.

25. Inquiry: it refers to testing the sincerity of the counterparty and understanding its opinions on the terms of the transaction. Because most of them ask about the price, it is usually called inquiry.

26. Late acceptance: the acceptance notice exceeds the validity period stipulated in the offer or the offer does not stipulate the validity period, and reaches the offeree after a reasonable time. This kind of acceptance is overdue.

27. International factoring: International factoring refers to a comprehensive financial service business that integrates buyer's credit investigation, accounts receivable management and collection, trade financing and credit management with exporters when using non-letter-of-credit methods such as collection and credit sales.

28. Ocean bill of lading: refers to the cargo receipt issued to the shipper by the owner of the ship or his agent when receiving the transported goods, and is also the evidence for the carrier to sign the contract of carriage with the shipper. It has the function of ownership certificate in law.

29. Negotiation: It is the process that the exporter's bank purchases the draft and the attached documents under the letter of credit and pays the money to the beneficiary.

30. Application for opening a letter of credit: it is a document that the applicant must fill in when applying for opening a letter of credit, and it is the condition and basis for the issuing bank to open a letter of credit ... including the applicant's commitment and payment guarantee (front) and the contents of the letter of credit (back).

2 International Trade Practice Examination 16

I. Explanation of nouns (20 points)

1, * * General average 2, clean bill of lading 3, right of recourse 4, letter of credit 5, counter-offer

Two, short answer (20 points)

1. Briefly describe the similarities and differences among FOB, CFR and CIF.

2. Briefly describe the functions of international trade terms.

Three, case analysis and calculation (60 points)

1. The cargo hold of a cargo ship caught fire and spread to the engine room. For the safety of the cargo, the captain ordered water to put out the fire. Although the fire was put out, the cargo ship could not continue sailing because of the damage of the main engine. So the captain decided to hire a tugboat to tow the freighter to a nearby port for repair, and then sail to the destination port after overhaul. After investigation, the losses caused by this accident are as follows: ①800 boxes of goods were burned; (2) 500 cases of goods loss caused by irrigation; ③ The main engine and part of the deck were burnt down; (4) Tugboat fees; ⑤ Additional fuel oil and the wages of the captain and crew.

Judging from the nature of the above losses, which are particular average? What are the general average? And briefly explain the reasons. (10)

2. A light industrial products import and export company in Nantong City, Jiangsu Province, China imported a batch of small household appliances from a foreign company, and the goods were shipped in two batches. Payment will be made by irrevocable negotiation letter of credit, which will be opened by China Bank Branch in each batch. After the first shipment, the seller submitted the negotiation documents to the bank within the validity period. After reviewing the documents, the negotiating bank found no discrepancies and then paid the payment to the negotiating bank. Subsequently, the Bank of China paid the negotiating bank. After receiving the first batch of goods, Nantong Company found that the quality of the goods did not meet the contract requirements, so it asked China Bank to refuse to pay the documents under the second letter of credit, but it was rejected by China Bank. Is it reasonable for banks in China to do so? Why? (15)

3. An export company in Shandong signed a primary product transaction contract with an import company in South Korea under CIF conditions. During the shipment period stipulated in the contract, the seller prepared the goods and arranged the transportation from the port of shipment to the port of destination. When loading, the seller did not apply for marine cargo insurance, considering that the distance from the loading port to the destination port was close and calm, and no accidents would occur. In fact, the goods arrived at the port of destination safely and timely, but the documents submitted by the seller lacked the insurance policy. Due to adverse changes in market conditions, the buyer refused to accept the goods and refused to pay for them. Is the buyer's request reasonable? How should this case be handled? (15)

4. An export company and an American company signed an export contract for 200 sets of furniture on CIF new york terms, and the contract stipulated delivery in February 2002. 165438+1At the end of October, a lightning fire broke out in the export commodity warehouse of our enterprise, causing about half of the export furniture to be burned. Our company asked for exemption from delivery responsibility on the grounds of force majeure, but the US side disagreed and insisted that we deliver the goods on time. After many efforts, we had to deliver the goods at the beginning of June 5438+ 10, 2003, and the United States demanded compensation. Q:

(1) Is it reasonable for us to ask for exemption from delivery responsibility? Why?

(2) Is the American proposition reasonable? Why? (10)

5. A company in our country exports 10,000 boxes of goods at 50 dollars per box, CIF Sydney. Before the goods were exported, our company insured W.P.A., Odor and Fresh Water Rain, with insurance rates of 0.7%, 0.3% and 0.2% respectively, and the insurance amount was 1 10% of the invoice value. Try to calculate the insurance coverage and insurance premium of this shipment. (10)

Examination questions of international trade practice in the first semester of 2006-2007 school year (answers)

I. Explanation of nouns (20 points)

1, * * * General average: The ship carrying the cargo encounters natural disasters or accidents during the voyage, endangering the safety of the ship and cargo, and the special sacrifices and extra expenses made by the ship to protect the safety of the ship and cargo or to continue sailing.

2. Clean bill of lading: refers to the bill of lading in which the goods are in "apparent good condition" at the time of shipment, and the carrier fails to indicate the defects of the goods and packages in the bill of lading.

3. Right of recourse: refers to the bill right that the holder can ask his prior party to repay the bill amount, interest and other legal funds after the bill is not paid, accepted or preserved for other legal reasons.

4. Letter of credit: a conditional payment commitment made by the bank, that is, the bank issues a certain amount of written documents to the beneficiary according to the applicant's requirements and instructions, and promises to pay with the specified documents within a certain period of time; Or a guarantee that the bank is willing to underwrite the beneficiary's draft on behalf of the applicant under the specified amount, date and documentary conditions.

5. Counter-offer: refers to the offeree's disagreement or incomplete agreement with the terms of the offer, and puts forward suggestions for modification, suggesting that the original offeror consider it.

Two, short answer (20 points)

1. Briefly describe the similarities and differences among FOB, CFR and CIF.

Answer: the same point.

(1) The seller delivers the goods at the port of shipment.

(2) The risk transfer between the buyer and the seller shall be subject to the goods crossing the ship's rail at the port of shipment.

(3) Both of them are suitable for water transportation.

(4) The seller goes through the export customs clearance procedures and the buyer goes through the import customs clearance procedures.

Difference: There is a difference between transportation and insurance.

The transportation and insurance under FOB shall be arranged by the buyer himself, and the seller shall not be responsible; Under CFR, the seller is responsible for signing the transportation contract and paying the transportation expenses, and the insurance is arranged by the buyer. Under CIF conditions, the transportation contract and insurance contract are signed by the seller, and the freight and insurance fees are borne.

2. Briefly describe the functions of international trade terms.

A: Trade terms play an active role in international trade, mainly in the following aspects:

(1) is conducive to the negotiation and conclusion of contracts between buyers and sellers.

(2) It is beneficial for buyers and sellers to calculate prices and costs.

(3) It is conducive to solving disputes in performance.

Three, case analysis and calculation (60 points)

1. Answer: ① and ③ in this case are direct losses caused by fire, which do not meet the conditions for the establishment of general average and belong to general average. (2), (4) and (5) The losses and expenses caused by maintaining the safety of goods and putting out fires by irrigation are general average.

2. Answer: A letter of credit is a written document issued by a bank with a conditional commitment to pay. For exporters, as long as they submit the documents according to the conditions stipulated in the letter of credit, they can get the payment from the bank under the condition that the documents are consistent and the documents are consistent; For the importer, as long as the payment is guaranteed and the deposit is paid when applying for opening the L/C, the documents representing the ownership of the goods can be obtained from the bank. So banks actually open letters of credit to buy and sell documents. In addition, the relationship between the issuing bank and the beneficiary is a contractual relationship that is binding on both parties. This contractual relationship binds the issuing bank to pay the beneficiary according to the provisions of the letter of credit after reasonable examination of the documents, and is not affected by the sales contract between the buyer and the seller, the contract between the issuing bank and the buyer based on the application for opening the letter of credit and other contracts. Therefore, in this case, it is reasonable for Bank of China to do so.

3. Answer: From the point of delivery, CIF is a typical symbolic delivery. Symbolic delivery is for actual delivery. In the symbolic delivery mode, the seller delivers the goods against documents, and the buyer pays cash against documents. As long as the seller submits a complete set of qualified documents stipulated in the contract to the buyer as scheduled, the buyer must fulfill the payment obligation even if the goods are damaged or lost in transit. On the other hand, if the documents submitted by the seller do not meet the requirements, even if the goods arrive at the port of destination intact, the buyer still has the right to reject the documents and refuse to pay for the goods. It should also be pointed out that according to CIF terminology, the seller's performance of the delivery obligation is only the premise of the buyer's payment, in addition, he must also perform the delivery obligation. Therefore, in this case, the buyer's request is reasonable, and the seller must submit a complete set of documents that meet the requirements. The buyer can refuse to receive the goods, refuse to pay the payment, or lodge a claim with the seller.

4.( 1) It is unreasonable for us to ask for exemption from delivery responsibility.

Reason: Although about half of the export furniture in our export goods warehouse was burned due to force majeure, this force majeure did not prevent our company from performing the contract, so we cannot ask for exemption from all delivery responsibilities, but we can postpone the delivery.

(2) The American proposition is unreasonable.

Reason: After the event of force majeure, despite our efforts, we still delayed the delivery, and we are not responsible for this and can be exempted.

5. The formula for calculating the insured amount is: insured amount =CIF value ×( 1+ markup rate). The insurance premium is calculated according to the insurance rate table, and its calculation formula is: insurance premium = insurance amount × insurance rate. In this case, the total insured amount =CIF value ×( 1+ addition rate )×10000 cases = 50× (1+10%) = 550000 USD; Total insurance premium = insurance amount × insurance rate =550000×(0.7%+0.3%+0.2%)=6600 USD.