1. From a business perspective

The product name or description is the material content of the transaction between the two parties, and is the material basis and prerequisite for the transaction. Therefore, when negotiating and signing import and export contracts, buyers and sellers must clearly and specifically specify the product names of the goods, and use internationally common names as much as possible to avoid trouble in contract performance.

2． From a legal perspective

Stipulating the specific name of the subject matter in the contract is related to the rights of the buyer and seller in the delivery of goods. In the international sale of goods, if the goods delivered by the seller do not meet the agreed product name requirements, the buyer has the right to make a claim, or even reject the goods or cancel the contract.

(2) Contents of the product name clause

The product name clause in an international contract for the sale of goods does not have uniform requirements and formats and is usually determined by negotiation between the buyer and the seller. The content of product name clauses is generally relatively simple, usually under the heading of "Product Name" or "Name of Commodity", the names of the goods traded by both parties to the transaction are listed. Sometimes, for the sake of omission, no title can be added, and only the text stating that both parties agree to buy or sell a certain commodity is listed at the beginning of the contract. In addition, some products have product names and quality terms merged.

(3) Things to note when stipulating the product name clause

In an international contract for the sale of goods, the product name clause is the main clause in the contract. Therefore, when stipulating this clause, the following matters should be paid attention to :

(1) The product name must be clear and specific;

(2) The product name must be realistic and reflect the actual condition of the product;

(3) The name of the product should use internationally accepted names as much as possible;

(4) When determining the product name, attention should be paid to the customs tariffs and import and export restrictions of the relevant country. The appropriate choice is A name that is conducive to reducing tariffs and facilitating import and export;

(5) When determining the product name, its relationship with freight must be considered.

2. Quality of goods

(1) Importance of quality and quality requirements

1. The concept of commodity quality

The quality of goods (Quality of Goods) refers to the synthesis of the intrinsic quality and appearance of the commodity. The former includes the physical properties, mechanical properties, chemical composition and biological characteristics of the commodity and other natural attributes. ;The latter includes the shape, color, style and transparency of the product.

2． The Importance of Product Quality

The quality of goods is not only related to the use value and price of the goods, but also affects the sales and reputation of the goods.

3. Requirements for product quality

(1) Stability. Refers to the stability of product quality.

(2) Applicability. It means that the product has characteristics that can meet certain needs of users.

(3) Versatility. Refers to a product with multiple functions.

(4) Appreciability. Refers to a certain commodity that has the ornamental value of a handicraft.

(5) Adapt to the legal requirements promulgated by foreign governments and comply with safety and health standards.

(2) Methods of expressing product quality

1. Expressing the quality of the goods in kind

Representing the quality of the goods by the actual quality of the goods being traded or by samples representing the quality of the goods, including:

(1) Seeing the goods and completing the transaction

Also known as spot trading, that is, buying and selling based on the actual quality of existing goods. Specific method: The seller displays the goods to the buyer at the place where the goods are stored, and the buyer or his agent inspects them one by one. If the goods are satisfactory, a transaction will be concluded with the seller. This practice is often seen in trade businesses such as consignment, auctions, and exhibitions.

(2) Sale by sample

It means that both parties to the transaction stipulate that the quality of the goods should be expressed by samples and used as the basis for the quality of the seller's delivery. In international trade practice, it is difficult to describe the quality of some goods in words, and they are represented by physical samples instead.

According to different sample providers, buying and selling by sample can be divided into:

①Buying and selling based on the seller’s sample

②Buying and selling based on the buyer’s sample

③Buy and sell based on equivalent samples

2. Use text descriptions to express the quality of the product

That is, use text, charts, photos, etc. to describe the quality of the product, including:

(1) Buying and selling based on specifications.

Refers to transactions that use indicators that reflect the quality of the product, such as ingredients, content, performance, etc., to determine the quality of the product. For example: "Tongyi" fresh orange and fresh orange juice drink, the fresh orange juice content is 10.

(2) Buy and sell based on grade.

Refers to transactions in which similar products are classified using words, numbers or symbols due to different specifications to determine the quality of the products. For example, the 2002 Chinese green tea is a special grade one.

(3) Buy and sell based on standards.

Refers to transactions in which the quality of goods is determined based on standards uniformly formulated by government agencies or industrial and commercial groups. For example, UL in the United States is the national inspection standard for electrical and electronic products.

When buying and selling agricultural and sideline products, there are two common standards: FAQ "Fair average quality" and GMQ "Good merchantable quality".

(4) Buy and sell based on instructions and drawings.

For some industrial products, such as electrical appliances, instruments, etc., it is difficult to use a few simple indicators to reflect their quality. Instead, instructions, photos or drawings are needed to specifically describe their internal structure and Performance, trading in this way is called buying and selling by specification and drawing.

(5) Buying and selling based on trademark or brand name.

Refers to certain goods with stable quality and good reputation in the market. When negotiating and signing contracts, buyers and sellers directly use the trademarks or trademarks of these goods as a representation of the quality of the goods. In this way Transaction is called buying and selling based on trademark or brand name. Such as "Zhang Xiaoquan" scissors, "Haier" household appliances, "Software" software, etc.

(6) Buy and sell based on the name of the place of origin.

The quality of some commodities, especially agricultural and sideline products, varies depending on the place of origin. In transactions, the place of origin alone can indicate the quality of the goods, that is, buying and selling based on the name of the place of origin. Such as Sichuan Fuling mustard, Zhejiang Jinhua ham, Shandong Longkou vermicelli, etc.

(3) Provisions on quality terms

1. A certain quality flexibility can be specified for certain commodities.

(1) Quality tolerance

Refers to the error that allows the seller's delivery quality to be higher or lower than certain quality specifications. It is an internationally recognized product quality error.

(2) Quality flexibility range:

The quality indicators of the goods delivered by the seller are allowed to be flexible within a certain range, such as the upper and lower difference in soybean oil content1.

2． Correctly use various methods of expressing quality.

Generally speaking, any product quality that can be explained by scientific indicators can be purchased and sold based on specifications, grades, and standards; famous products with stable quality and certain characteristics can be purchased and sold based on trademarks or trademarks. , trading at the place of origin; certain mechanical products with complex structures and performances are suitable for trading based on instructions; commodities that are difficult to standardize and standardize are suitable for trading based on samples.

3. Quality conditions must be scientific and reasonable.

(4) Contents of quality clauses

In sales contracts, the contents of quality clauses vary from complex to simplified, and generally depend on different commodities and different methods of expressing quality, including commodities. The product name, specifications, grades, brands, standards and quality basis of the delivered goods, etc. When buying and selling based on samples, the sample number, delivery date, and sometimes a statement that the delivery quality is "roughly consistent" or "completely consistent" with the sample should be listed. When buying and selling based on a standard, the name of the standard and the year of its version should be indicated.