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[主观题]

A trading company of China sold rice to a Japanese Company in June 2006 and the payment was to be ma

de by sight L/C. The total amount of goods was USD65000. The issuing bank of credit overseas designated a bank in China as the advising bank, confirming bank and negotiating bank. After the seller dispatched the goods in November 2006 , he presented the full set of documents including the L/C to the negotiating bank for negotiation. The negotiating bank checked the documents and then sent to the seller a notice indicating that the bank would make payment recently, but the seller had not received the money for a long time.

In December 2007, the negotiating bank advised the seller that the issuing bank dishonored the L/C for the documents were not in accordance with the terms of L/C.

Question: Could the seller get the payment? Why and how?

(Translate the case into Chinese and then answer the question)

Helpful hint : The case is mainly about confirmed L/C.

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更多“A trading company of China sold rice to a Japanese Company in June 2006 and the payment was to be ma”相关的问题

第1题

The contract is made() Open Cargos Trading Company and Sika Hamburg Company. A. among B. bet

The contract is made( ) Open Cargos Trading Company and Sika Hamburg Company.

A. among B. between C. with D. by

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第2题

Complaints caused by not delivering according to the time and quantity In the fall of 2006 ,one of

Complaints caused by not delivering according to the time and quantity

In the fall of 2006 ,one of our trading companies concluded a substantial rice business with an old customer in Africa. The terms of delivery are : shipment is to be made in equal monthly lots beginning from December,2006 to June,2007 and payment is to be made by irrevocable letter of credit 60 days after the date of the bill of lading. The customer established the L/C in time and all particulars of the rice, such as the name , specifications , unit price,total price and total quantity are in conformity with the contract. But the terms of shipment only stated " the latest date of shipment is June 30 ,to be shipped in several lots".

The staff in our trading company made the first shipment in December according to the quantity stated in the contract. However in order to export more and eam more foreign exchange earlier, they advanced the time of shipment regardless the shipment terms stipulated in the contract. In January 2007 , our company shipped the quantity of the first quarter once , and in February made the third shipment for the rest quantity that should be delivered in the second quarter, since our staff had not found any specifications "shipment is to be made in equal lots" in the L/C. At the same time our bank negotiated against presentation of the stipulated documents and subsequently asked the opening bank to pay for the goods. The opening bank examined the L/C and confirmed that the L/C had no error in it.

After receiving the shipping advice, the African customer found that the delivered quantity of the rice both in the second lot and third lot were not in accordance with the shipment terms stipulated in the contract, so a claim was filed by the customer against our trading company for default shipment. The amount claimed involved the added fees of chartering warehouse for the delivered goods, the interest and other charges etc. The two parties negotiated the compensation for several times, finally our company accepted the opposing party's opinion and agreed that the purchase price for the last two lots was to be paid four months later, that meant our company would receive the payment a few months later than che original stated time. According to Lhe current price in the international market at that time, our trading company suffered the loss equivalent to 10 percent of the original selling price.

Questions :

(1) What is the relationship between the letter of credit and the transaction contract?

(2) Which proof must the two parties concerned base on when they perform their obligations?

(Translate the case into Chinese and then answer the question)

Helpful hint: It is stipulated in Article 4 of the Uniform Customs and Practice for Documentary Credits that "in credit operations all parties concerned deal in documents and not in goods , service and/or other performance to which the documents may relate" .

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第3题

Dear Sir, On my graduation from college this fall, I am desirous (1) securing a position that wi

Dear Sir,

On my graduation from college this fall, I am desirous(1)securing a position that will offer me opportunity(2)the field of import and export trading.Knowing something of the scope and enterprise of your huge export department, I thought perhaps you would keep me(3)mind for a possible opening.

I am strong and alert, and shall be twenty years of age in July next year.

(4)present I am a student in the college--but I shall graduate(5)the college this coming July, finishing the requirements(6)three years, I have had no business experience, but my college record has been good.A copy

(7)my antecedents is enclosed(8)your reference.

Dr.B.Chao, President of the college, will be glad to tell you more(9)my character and ability, I shall be glad to call(10)any time for an interview.

Ⅶ.Filling the blanks with the given words below.

enclosing, apply for, with, apply to, meet, in addition to, in addition, prove, obliged, at, in, which Dear Sir,

(1)reply to your advertisement in www.JobsPower.com regarding a vacancy in your office, I wish to(2)the position of senior clerk,(3)you have specified.

I feel confident that I can(4)your special requirements indicating that the candidate must have a high command of English, for I graduated from the English Language Department of University three years ago.

(5)my study of English while in the University, I have worked for three years as secretary in the firm of ABC Trading Co, Ltd..

The main reason for changing my employments is to gain more experience(6)a superior trading company like yours.I believe that my education and experience will(7)useful for work in your office.

I am(8)my personal history, certificate of graduation and letter of recommendation from the president of the University, I shall be(9)if you will give me a personal interview(10)your convenience.

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第4题

银行间交易(interbank trading)

银行间交易(interbank trading)

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第5题

离岸货币交易(offshore currency trading)

离岸货币交易(offshore currency trading)

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第6题

特惠贸易协定(preferential trading agreement)

特惠贸易协定(preferential trading agreement)

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第7题

程序交易(program trading)

程序交易(program trading)

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第8题

贸易可能性曲线(Trading possibilities curve)
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第9题

短语翻译:stock trading

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第10题

China started to examine and approve () joint-venture trading firms.中国开始审核并批

China started to examine and approve () joint-venture trading firms.中国开始审核并批准建立一些中外合资的贸易公司。

A、Sino-foreign

B、Sino-Tibetan

C、Sino-Japanese

D、Sin-foreign

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第11题

Grain Exchange trading was suspended, and farmers sold at prices fixed by the board.(语法上正确与否)
Grain Exchange trading was suspended, and farmers sold at prices fixed by the board.(语法上正确与否)

A.正确

B.错误

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