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1、Chapter 11 Implementation of Contract 11.1 Implementation of Export Contract 11.2 Implementation of Import Contract 11.3 The Main Import and Export Documents11.1 The Performance of Export Contract1.Preparation of the goods2.Applying for Inspection Any commodities should be applied for the inspection
2、 with the State General Administration for Quality Supervision and Inspection and Quarantine(AQSIQ),otherwise,the goods will not be released.3.Implementing Payment Terms In order to collect the payment safely and perform the contract smoothly,the seller sometimes has to do the work about reminding,e
3、xamining and amending the L/C.4.Chartering a ship and Booking Space In terms of CIF or CFR,the chartering and the space booking will be one of the obligations of the seller.The procedure for chartering and booking space:(1)SINOTRANS and shipping agents publish an export sailing schedule every month
4、and hands out to export and import companies.(2)As soon as the goods are ready and the L/C has been received，export and import companies fill in the name,package number,gross weight,measurement of the goods,port of destination,time of shipment etc.on the booking note and send it to SINOTRANS or ship
5、ping agents before the closing date of receiving as a evidence for booking space.(3)After receiving the booking note,SINOTRANS and shipping agents will issue shipping order and arrange the shipping space for the goods on the basis of stowage principle,nature and quantity of the goods,port of shipmen
6、t and port of destination in accordance with the sailing schedule.(4)Forwarding company deliveries the goods to the dock warehouse on behalf of the import and export company.After the scheduled ship arrives at the port,the former delivers the goods from the dock warehouse to the side of the vessel.A
7、fter being checked out by the customs,the goods are loaded on board against the shipping order.(5)After shipment,the master or mate issues the mates receipt.The shipper must exchange this temporary receipt for a regular bill of lading before the vessel sails,and at the same time pay the freight.5.Cu
8、stoms clearance Exporters should declare the export goods to the customs by filling in certain customs clearing forms and submitting appropriate documents 6.Taking out insurance Under the CIP or CIF export contract,the seller shall take out insurance with the insurance company before the shipment.7.
9、Sending out the shipping advice After shipment,the exporter shall send out the shipping advice to the importer so that the importer could receive the goods.Especially under CFR trade terms.8.Making out documents for settlement There are three ways to make settlement:Making time settlement.Making set
10、tlement through negotiation.Making settlement after payment is made.After the bank at the exporters end examines the documents presented by the beneficiary and finds no fault,the bank will airmail the documents to the opening bank or the appointed reimbursing bank to collect the money.Then after rec
11、eiving the credit note from abroad,the bank at exporters end changes the foreign exchange into RMB at the current buying rate and transfers it to exporters account.11.2 Performance of Import Contract 1.Appling for Opening the L/C After the conclusion of a purchase contract,the buyer shall apply to h
12、is bank for opening the L/C in favor of the exporter;at the same time;fill in an application on the basis of the contract.2.Contracting for the carriage of the goods In our country,most import transactions adopt FOB terms.3.Covering insurance Under FOB and CFR,it is the buyers duty to cover insuranc
13、e for the goods.There are two ways to take out transport insurance for import goods.Cover open policy Open policy is signed with the peoples Insurance Company of China for goods imported in China.On receiving the shipping advice from abroad,our importer should inform the insurance company of the nam
14、e of vessel,the No.of the B/L,sailing date,name of the commodity,quantity,port of shipment,port of destination,etc.as a formality for taking out the insurance.Cover insurance for each individual lot If there is no the open policy beforehand,our importer shall cover insurance on each consignment with
15、 the insurance company after receiving the sellers shipping advice.4.Examining documents and paying the purchase price After the delivery of the goods,the seller will present the draft and a complete set of documents to the opening bank through his bank.In case the documents are in conformity with t
16、he L/C,the opening bank will pay the purchase price at sight or pay at a future date according to the agreed payment terms in the L/C.5.Making declaration to customs As a usual practice,all imported goods must be cleared through the customs.6.Checking the goods dischargedAfter arrival of the goods a
17、t the port of destination,the port authority will be responsible for unloading the goods and check the goods discharged.7.Allocating the goodsAfter inspection and declaration of the goods,the foreign trade shipping company will allocate the goods to the importer or consignee if he is at the port of
18、destination.1 The commercial document 商业单据2 Financial documents 金融单据3 Transportation documents 运输单据4 Insurance documents 保险凭证11.3 The Main import and export documents The commercial documents 1.Commercial Invoice 商业发票 2.Pro forma invoice 形式发票3.Quality certificate 质量凭证4.Weight Certificate 重量凭证 In imp
19、orting and exporting,the bill that the exporter or consignor sends to the importer or consignee is called a commercial invoice.This invoice lists full particulars of the shipment,such as the marks,the number of packages,the name,quantity and price of the goods.It serves as a certificate of sale of t
20、he goods,and used as the foundation for keeping account and making declaration to the customs.1.Commercial Invoice 商业发票 invoice number and date name and address of the seller and buyer port of shipment and destination quantity,weight or measurements of the goods packing unit price and total amount p
21、ayable terms of payment(1)The commercial invoice mainly includes the following details The drawer must be in conformity with the stipulation in the L/C.The date shall be earlier than that of B/L or insurance policy,not later than the expiration date of the L/C.Consignee or importer on a commercial i
22、nvoice is usually the applicant under the L/C.(2)The following points should be paid attention to:Port of shipment and port of destination shall be the same in the L/C and the B/L.The description and specification of the goods on the invoice must be typed according to the L/C strictly.But if the L/C
23、 only stipulates the general name of the goods,the commercial invoice may list the specific name,varieties or article numbers of the goods.Quantity of the goods on the commercial invoice shall be in the conformity with the L/C.If the L/C permits the quantity latitude,but does not permits amount lati
24、tude,then the quantity of the goods in the commercial invoice can only be reduced by 5%.Invoice value:if the amount on the invoice is more than the amount in the L/C,the bank will reject the commercial invoice.The invoice price should be in line with the agreed terms in the contract.Commission and d
25、iscount:the description of commission or discount must follow that in the L/C，e.g.If the L/C and contract stipulates“Cash Discount”or“Trade Discount”,the invoice shall be typed the full name instead of“Discount”.In case the commission and discount appear in the commercial invoice simultaneously,they
26、 shall be stated in the commercial invoice respectively.Shipping marks of the goods:Shipping marks should be made according to the stipulation of the L/C.In case shipping marks are not stipulated in the L/C,but agreed in the contract,the invoice shall be made out in conformity with the contract.A pr
27、o forma invoice is a form of quotation to a potential buyer,inviting him to buy the goods on the terms stated.The invoice clearly states that it is pro forma invoice and if it is accepted the details are normally transferred to a commercial invoice againstWhich payment will be made,although in some
28、cases payment will be made against a pro forma invoices,e.g.where payment for the goods is required before dispatch.2.Pro forma invoice 形式发票 Quality certificate confirms that the quality specification of a particular consignment of goods is in accordance with the sales contract at the time of shipme
29、nt.It may be issued by the exporter or relevant inspection authority as required under Letter of Credit or Sales Contract terms.The cargo description in the Quality Certificate should conform to its items found in other relevant documents,such as the L/C,the commercial invoice etc.3.Quality certific
30、ate 质量凭证 Weight certificate is usually required by the importer to confirm that the weight of the goods is inconformity With the sales contract at the time of shipment.Similar to a Quality Certificate,it may be issued by the exporter or relevant inspection authority as required under Letter of Credi
31、t or Sales Contract terms.4.Weight Certificate 重量凭证 Financial documents are used to ensure that the exporter receives full and timely payment for the shipment.These documents are usually issued by banks or exporters.These documents have been discussed about their definition,types and functions in th
32、e previous chapters.Financial documents include bill of exchange,promissory note,check and L/C.The following discussion will be mainly about bill of exchange and L/C.Financial documents 金融单据In the collection method of payment for goods,a bill of exchange is always drawn upon the importer by the expo
33、rter to get paid.The exporter through the banking system,get payment against the delivery just by a draft,for the sum agreed as settlement in the export contract.By using a draft with other shipping documents through banking system,an exporter can ensure greater control of the goods,because the good
34、s cant be released until the bill of exchange is paid or accepted by the importer abroad.1.Bill of exchange 汇票 Letter of credit is one of the most important financial documents used in international trade.Usually an exporter will be notified of the opening of L/C well before the shipment,so that he
35、could have enough time to examine the details of the L/C.The following points should be paid special attention when opening and checking the L/C.Method of advice:airmail or cableTypes of credit:whether the L/C is revocable or irrevocable;confirmed or non-confirmedDate of expiry2.Letter of Credit 信用证
36、 Documents required Applicants name and address Beneficiarys name and address Advising bank,paying bank,confirming bank Amount Partial shipment/transshipment allowed or not Port of shipment and port of discharge 1.Mates receipt 大副收据2.Packing list and weight memo装箱单和重量单3.Bill of Lading 提单Transportati
37、on documents 运输单据 Mates receipt is issued by the master or mate of a vessel in the name of the shipping company as a receipt note for particular consignment.It is not a titled document,but just used as an interim documents until the bill of lading is issued.It gives information about a particular ex
38、port consignment when offered for shipment.1.Mates receipt 大副收据 Packing list is a document made out by a seller when a sale is effected in international trade.It shows numbers and kinds of packages being shipped,total of gross,legal and net weights of the packages,and marks and numbers on the packag
39、es.2.Packing list and weight memo 装箱单和重量单 A separate list is prepared for each package showing the weight and measures and contents,which helps identify the specific item by the importer and facilitate customs clearance.Upon arrival of the goods,the customs may carry out a partial examination by che
40、cking a certain number of the cases.If the packing list proves to be accurate,the rest of the shipment is assumed to be in order.The weight memo merely gives the gross weight and net weight of each piece.2.Packing list and weight memo 装箱单和重量单 The bill of lading is the most important and indispensabl
41、e ocean transport shipping document to foreign trade.We should grasp the following points when making out the bill of lading.3.Bill of Lading 提单 Insurance documents are contracts whereby the insurer(insurance company),on the basis of a premium paid,undertakes to indemnify the insured against loss fr
42、om certain risks or perils to which the cargo insured may be exposed.Without adequate insurance and protection of the interests of those with goods in transit,international trade can not be guaranteed.Insurance documents 保险凭证 There are four important insurance documents:insurance policy,insurance ce
43、rtificate,open policy and combined certificate.The seller must effect insurance with the insurance company for all the exports in CIF export contracts before the shipment.All required details in the policy shall be specified clearly,including the name of the goods,insurance amount,sailing line,sailing date and insurance coverage.