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Unit Five Terms of Shipment in the Contracts for the International Sale of Goods
(一)基本要求
了解：Terms of Shipment
熟悉：Ways of Stipulating Time of Shipment
掌握：Interpretation of terms and points of the time
of shipment in the contract:
(二)考试内容
1. Ways of Stipulating Time of Shipment
Shipment on or about June 20,2008
Shipment not later than July 31st ,2008
Shipment to be made during June/July, 2008
Shipment within 15 days after receipt of remittance (汇款)
Shipment within 30 days after receipt of L/C
2. Interpretation of terms
If the expression “on or about” or similar expressions are used, banks will interpret them as a stipulation that shipment is to be made during the period from five days before to five days after the specified date, both end days included.
The words “to, until, till, from, between” and words of similar expressions applying to any date or period in the credit referring to shipment will be understood to include the date mentioned.
The word “before and after” will be understood to exclude the date mentioned.
The terms “first half, second half” of a month shall be construed respectively as the 1st to the 15th, and the 16th to the last day of such month, all dates inclusive.
The terms “beginning, middle, or end” of a month shall be construed respectively as the 1st to the 10th, the 11th to the 20th, and the 21st to the last day of such month, all dates inclusive.
3. Points to note when the traders discuss the time ofshipment in the contract
(1)The exporter should consider whether he can get the goods ready before the shipment date and whether the ship is available if the goods are ready.
(2)The time of shipment should be stipulated in a clear and flexible way. Expressions such as “prompt”, “immediately”, “as soon as possible” and the like should not be used.
(3)Sometimes, the L/C simply stipulates an expiry date without a shipment date which means these two dates are the same.
(4)If the expiry date of the credit(信用证有效期) and/or the last day of the period of time for presentation of documents (交单期)stipulated by the credit falls on a day on which the bank to which presentation has to be made is closed, the stipulated expiry date and/or the last day of the period of time after the date of shipment for presentation of documents, as the case may be, shall be extended to the first following day on which such bank is open.
(5) The latest date for shipment (最迟装运期)shall not be extended by reason of the extension of the expiry date and/or the period of time after the date of shipment for presentation of documents.
If no such latest date for shipment is stipulated in the credit or amendments, banks will not accept transport documents indicating a date of shipment later than the expiry date stipulated in the credit or amendments。
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