作者:合同律师许光    发表时间:2018-12-10 06:31:10    当前栏目:合同效力    来源:    阅读:
  Many of international trade conflict arise out of disputes with respect to quality clauses.As refers to the quality clauses,there is the right and also obligation for the buyer to examine the goods delivered to the destination,as might by provided by in the international trade contract as well as United Nations Convention on Contracts for the International Sale of Goods(CISG).The article 38 of CISG clearly stipulates that“the buyer must examine the goods,or cause them to be examined,within as short a period as is practicable in the circumstances”.Although CISG does not give any criteria or set certain number of days for us to fix how much time that a buyer spends in examining and noticing the seller about the quality issues is to be deemed as within practicable period,we can judge from common sense that CISG almost requires the buyer to give such examination as soon as possible.If there is unreasonable delay in making such examination or the buyer fails to make such examination,in practice of litigation or arbitration,the judges or the arbitrators always require the buyer to provide them with justifiable reasons.
  Fox example,Company A in China trades with Company B in America,with the goods of a batch of apparel.The payment was set to be made via telegraphic transfer and the shipment was by sea,the goods were to be transported by ship from Shanghai Port to New York Port.When the goods had been delivered to New York,many days passed and Company B did not make any payment,regardless at several notices from Company A to urge it to pay the bill.After constant faxes which questioned why neither did Company A to make any payment nor did it give any justifiable excuses,finally Company B responded that when it had resold the products supplied by Company A to its own buyers,the buyer made quality complaints and Company B was held accountable for the quality defects.If company B was required to pay damages to its own buyer,it would require Company A to bear such damages for it,because it was products provided by Company A that had been found having quality defects.
  Both parties could not make any consensus about such an issue and then according to the dispute settlement clauses in their international trade contract,they chose to file an arbitration case before the arbitration commission they had jointly selected.The arbitrators requested that Company B from United States shall provide proof that it had made examinations during the practicable period as stipulated in CISG and there were really quality defects.Company B claimed that its buyer had examined it,and the quality defects included defects of clothing,the problems about the sizes,and the problems of weaving methods.However,Company B did not give further proof,including the examination reports.Therefore,the arbitrators held that Company B’s claims were not supported and Company B was ordered to pay all the prices plus arbitration fees.
  Nanjing Contract Lawyer suggests that when the both parties negotiate about the clauses with respect to quality warranty or quality examination,they should at first clarify the criteria for the quality,including what standards of products they would adopt and what situations may constitute quality defects,and what institutions or experts they will designate as the examiner.They can also set up a fixed number of days for the buyer to examine the goods and respond,when such a period expires and the buyer fails to make any response,the buyer’s right to claim any quality defects will also be void.

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