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Method of expressing commodity quality
Because of the variety and quality of goods, any intrinsic quality needs to be expressed in different ways. There are five main forms: buying and selling by sample, buying and selling by specification grade or standard, buying and selling by negotiation or brand, buying and selling by manual, and buying and selling by name of place of origin.
1. Buying and selling by sample is also called buying and selling by sample. That is, the seller and the buyer take the agreed standard works as the basis for delivery quality. It is suitable for factory handicrafts, clothing, mineral products and agricultural and sideline products whose quality is difficult to standardize and standardize. If the goods delivered by the seller are lower than the standard samples, the buyer may lodge a claim, even reject the goods and cancel the contract, unless otherwise stipulated in the contract.
The parties to the contract should pay attention to the following issues when signing the terms of sale by sample: (1) The sample should be representative. It is difficult to deliver after the sample is high, and the seller will suffer from the price if the sample is low. Both parties to the contract should try their best to choose medium-quality physical objects as samples to avoid difficulties, disputes or unnecessary losses in performance. (2) The samples shall be kept by number. Usually, three copies should be prepared, one for the buyer and one for the seller, and the third copy should be placed in the commodity inspection authorities as the basis for the seller's delivery, the buyer's acceptance and the inspection by the arbitration institution. (3) The samples should be left with appropriate leeway. Because most of the goods bought and sold by samples belong to goods whose quality is difficult to standardize and standardize, it is generally difficult to achieve the same delivery quality as the standard samples. Therefore, it should be stipulated in the contract that "the delivery quality is generally consistent with the sample" to prevent passivity. If it is stipulated in the contract that the price of the sample below the standard must be reduced proportionally, it should be stipulated that the price of the sample above the standard must be increased proportionally in order to realize fair, reasonable and equivalent exchange. (4) Try to change "buyer's sample trading" into "equivalent sample trading". Sale by sample can be divided into three forms: buyer's sale by sample, seller's sale by sample and equivalent sale by sample. In order to avoid disputes in the delivery process or customers' deliberate picky, after receiving the buyer's samples, the seller can copy or select the seller's samples with similar quality as "back samples" or "equivalent samples" and send them to the buyer for confirmation. After buying and selling with the buyer's sample, the transaction becomes an "equivalent sample". Trading on the basis of the same sample can avoid trade disputes and benefit both buyers and sellers (especially sellers). (5) collect the deposit. When signing a trade contract based on the buyer's samples, the seller should collect a certain deposit in advance to prevent the buyer from deliberately creating an excuse to tear up the contract when the market situation changes, so as to safeguard the legitimate rights and interests of both buyers and sellers.
2. Conduct transactions according to specifications, grades or standards. Commodity specifications are some technical indicators used to reflect the quality of commodities, such as composition, content, purity, performance, strength, length, thickness and volume. The grade of a commodity refers to the fixed classification of the same commodity according to its specifications, such as large, medium, small, heavy, medium, light, first, second and third grades. Commodity standards are the quality standards of different grades and specifications of a commodity formulated by government departments and commercial organizations in one country or several countries, including international ISO9000 series standards, national standards and departmental or local standards formulated by governments or commercial organizations in various countries. When buying and selling goods according to specifications, grades or standards, the goods sold by the seller must conform to the specifications, grades or standards stipulated in the contract, otherwise, the buyer has the right to demand price reduction or even reject the goods and demand corresponding compensation.
The biggest advantage of signing a trade contract according to the specifications, grades or standards of goods is convenience and accuracy, so it has a wide scope of application. However, when signing a trade contract, we should pay attention to the following issues: (1) Choose appropriate technical standards to sign a contract according to different commodities and their scope. Generally speaking, due to the influence of natural conditions, the quality of agricultural and sideline products varies greatly and is not uniform. It is advisable to sign a contract based on specifications and grades, and it is best to take "medium goods" and "bulk goods" as standards. Manufactured industrial products, especially high-tech products, should sign contracts according to commodity standards. Domestic trade can be signed according to national standards, departmental or regional standards, and international trade should adopt international common standards as far as possible. (2) The contract shall specify the name, version and year of the standard on which it is based. There are various versions of commodity standards, and the same version will change in different years due to the development and change of production technology. Therefore, when signing a standard-based contract, it is necessary to indicate the specific name, version and year of the standard on which it is based, so as to avoid disputes arising from different standard names, versions and years. (3) It is stipulated that the wording of commodity quality clauses should be clear and specific, avoiding the use of vague terms such as "about" and "about" and reducing unnecessary disputes.
3. Trading through trademarks or brands. Trademark is a sign used by producers or operators to show that the goods they produce or operate are different from the same goods produced or operated by others, and usually consists of one or several prominent words, numbers, graphics and so on. Brand name is the specific name of goods manufactured or sold by producers and operators, such as "Haier Little Champion Air Conditioning" and "Chonghua Toothpaste".
Commodities bought and sold by trademarks or brands are mostly brand-name inspection-free commodities certified by quality inspection institutions in one country or several countries. The price of this kind of goods is often much higher than other similar goods, so its producers or operators attach great importance to maintaining the quality of goods and maintaining the brand reputation. When signing this kind of commodity contract, in addition to indicating the trademark or brand number, the main specifications of the commodity should also be clearly specified. Once the contract is signed, it is necessary to ensure the delivery according to the traditional quality.
4. Buy and sell according to the instructions. A specification is a detailed description of the structure and performance of a commodity. Written description of materials and operation, with drawings and photos, etc. When buying and selling goods based on commodity specifications, the seller is required to deliver goods that meet all the indexes specified in the specifications, and must provide quality assurance and maintenance services for the buyer. If it is found that the quality of the goods is lower than the index specified in the manual, or the process quality of the parts is poor, or there are hidden dangers in the materials, the seller is obliged to eliminate the defects or replace the defective goods, and bear all the expenses arising therefrom, otherwise the buyer has the right to lodge a claim.
5. Buy and sell under the name of the place of origin. Due to the influence of natural environment, traditional processing technology or other factors, the quality of some agricultural and sideline products and industrial and mining products has a unique style or characteristics that products in other regions do not have. Such as "Longjing Green Tea" and "Qishan Black Tea". "Jingdezhen porcelain" and so on. For this kind of goods, buyers and sellers can also use the name of the place of origin to explain their quality requirements and sign a contract accordingly.
6. Conduct transactions according to exchange standards. That is, the standard contract stipulated by the futures exchange is signed, and the specific specifications of the goods are not listed. Commodity sales contracts signed in this way are limited to commodity futures, financial futures and option futures.