Chapter 2 (Name、 Quality、 Quantity and Packing) Summary: Knowing that concludes the importance of the quality clause and basic method in the sales contract, grasping booking the cubic law of quantity clause, studying the basic content that the clause of the packaging includes, holding the general descriptin about the goods on the whole. Section 1: Name of goods Section 2: Quality of goods Section 3: Quantity of goods Section 4: Packing of goods 2019/4/9 国际贸易实务讲义

一、The significance of clear name of goods Section 1 Name of Goods 一、The significance of clear name of goods 二、Main content of name clause 三、Notice of name clause 2019/4/9 国际贸易实务讲义

Section 2 Quality of Goods 一、The meaning and importance of quality 二、Request to quality Request to quality of export goods The quality of provided goods must conform with the contract: （1）If the quality of provided goods is lower than request of contract, it break the contract （2）If the quality of provided goods is higher than request of contract, it maybe also break the contract. The reason are following: quality is too hith, so the buyer will pay more taxes when they dealing with the export formuluties; on the other hand, higher quality maybe can’t conform with the request of the buyers, it will add more processing charges. 2019/4/9 国际贸易实务讲义

三、Method of expressing the quality （一）By material object 1、 Sales by seeing the goods: using on consigh for sale, auction, exhibition sales 2、Sale by sample （1）Sale by seller,s Sample Sample provided by seller must be representative When the seller send the sampde to the buyer, he must remain Duplicate Sample or Keep Sample 2019/4/9 国际贸易实务讲义

（2）sale by buyer’s Sample Seller must provide Counter Sample or Confirming Sample or Return Sample Stipulation about industrial property right is necessary. Article 42：The seller must deliver goods which are free from any right or claim of a third party based on industrial property or other intellectual property, of which at the time of the conclusion of the contract the seller knew or could not have been unaware, provided that the right or claim is based on industrial property or other intellectual property: （3）Reference Sample 2019/4/9 国际贸易实务讲义

（4）notices of Saling by sample ： the similar situation just like they mentioned. 2019/4/9 国际贸易实务讲义

（二）By description 1、Sale by specification The tips: The seller display the main index in contract, ignoring the minor index. 2、Sale by grade The seller should sales by grade according to the contract, such as superior quality,ordinaty quality, inferior quality 3、Sale by standard 2019/4/9 国际贸易实务讲义

It must point out the editin when if according to standards Fair Average Quality GMQ（Good Merchantable Quality) 4、Sale by descriptions and illustrations 5、Sale by trade mark or brand name 6、Sale by name of origin 2019/4/9 国际贸易实务讲义

四、Quality clause in sales contract （一）Quality Latitude 1、Quality to be considered and being about equal to the sample 2、Quality Tolerance 3、Quality Latitude When using quality latitude, we can add quality-price clause on agricultural products 2019/4/9 国际贸易实务讲义

（二）Using the Methods of different expression quality correctly Can express quality with a kind of method, don’t generally express with the method of two kinds or more than two kinds （三）Quality Clause should de scientific and reasonable 2019/4/9 国际贸易实务讲义

Section 3 Quantity of Goods 一、Article 52: If the seller delivers a quantity of goods greater than that provided for in the contract, the buyer may take delivery or refuse to take delivery of the excess quantity, If the buyer takes delivery of all or part of the excess quanlity, he must pay for it at the contract rate. 二、Measuring Unit and Measuring Method （一）Measuring Unit 1、Methods of determing measuring unit 2019/4/9 国际贸易实务讲义

2、Measuring System in international trade: There are four measuring system, i.e. metric system,British system, U.S.system, international system of unit （二）Method of calculating weight 1、Gross Weight 2、Net Weight If it is inconvenient to count the Tare Weight and Net Weight because that value of agricultural products is low or because of the packing, we can accept “Gross for Net” Mehtods of counting Tare Weight: real tare, average tare, customary tare, computed tare. 2019/4/9 国际贸易实务讲义

5、Legal Weight and Net Net Weight 3、Conditioned Weight 4、Theoretical Weight 5、Legal Weight and Net Net Weight Linked：Article 56：If the price is fixed according to the weight of the goods, in case of doubt it is to be determined by the net weight. 2019/4/9 国际贸易实务讲义

三、Quantity clause in sales contract （一）Masting the bargin quantity （二）Quantity clause must be concrete and clear 1、The words "about," "approximately," "circa" or similar expressions used in connection with the amount of the Credit or the quantity or the unit price stated in the Credit are to be construed as allowing a difference not to exceed 10% more or 10% less than the amount or the quantity or the unit price to which they refer. 2019/4/9 国际贸易实务讲义

2、《UCP500》article 39 b：Unless a Credit stipulates that the quantity of the goods specified must not be exceeded or reduced, a tolerance of 5% more or 5% less will be permissible, always provided that the amount of the drawings does not exceed the amount of the Credit. This tolerance does not apply when the Credit stipulates the quantity in terms of a stated number of packing units or individual items. 2019/4/9 国际贸易实务讲义

（三）Quantity Latitude (More or Less Clause) 1、Quantity Latitude have good size 2、Quantity Latitude must be suitable The right of selecting quantity latitude can be determined by the seller, the buyer or the shipper 3、Method of fixing a price must be reasonable if there isn’t clear stipulation about counting the price, it shouke be counted according to the contract price conform with international practice 2019/4/9 国际贸易实务讲义

Section 4 Packing of Goods 一、Importance of Packing Most goods are packed goods except Cargo in bulk and Nude Cargo 二、Shipping Package （一）Request of shipping package （二）Classificatgion of shipping package （三）Shipping Mark of packing 1、Shipping Mark Shipping Mark: 4 parts 2、Indicative Mark 3、Warning Mark 2019/4/9 国际贸易实务讲义

四、Neutral Packing and Brand Designated 三、Sales Package （一） Request of sales package （二）Classificatgion of sales package （三）Description of sales package （四）Bar code Bar code includes： 四、Neutral Packing and Brand Designated （一）Neutral Packing 1、 Meaning and classification of Neutral Packing 2、Function of Neutral Packing 2019/4/9 国际贸易实务讲义

（二）Brand Designated by the buyer Notice the difference between Brand Designated Neutral Packing and Brand Designated. The latter named the produce country and firm, but the former don’t. 五、Stipulations about Packing Clause Generally include such contents as the wrappings , manner of packing , packing the specification , packing mark and burden of packing the expenses ,etc.. 2019/4/9 国际贸易实务讲义

Summary of this chapter Have studied name of an article , quality , quantity and method of stipulating to pack the clause in the contract mainly, especially pay attention to the relevant regulations to above-mentioned clauses in " convention " and " UCP500 ". 2019/4/9 国际贸易实务讲义

2、How to choose and apply the method of quality’s descriptions? Excecises 1、Conceptions： Counter Sample （Confirming Sample 、Return Sample ）、FAQ、More or Short Clause、Neutral Packing and Brand Designated 2、How to choose and apply the method of quality’s descriptions? 3、What should we notice when we stipulate the More or Short Clause？ 4、What does the standard shipping mark include？ 5、Why does the Neutral Packing exit？ 2019/4/9 国际贸易实务讲义