答:In international trade, tare can be calculated by actual/real tare, by average tare, by
customary tare or by computed tare when net weight is used and the weight of packing, i. e. the tare, must be deducted.
①Actual/real tare refers to the actual weight of the packing of the commodities. In order
to get the actual tare of the goods, each packing of a good has to be weighed in order to get a total.
②By average tare, the weight of the packing is calculated on the basis of the average.
The average tare can be calculated by weighing a part of the packing of the commodities and working out the average when the packing materials are uniform and the specifications of goods are standardized.
③The packing of some commodities are unified and standardized and the weight of the
packing is known and accepted by everyone. In this case, the recognized weight of the packing, which is called the customary tare, can be used in calculating the net weight.
④Computed tare is the weight of the packing agreed upon by the parties concerned. In
this case, the net weight is calculated by deducting the tare previously agreed upon from the gross weight of the commodity.
45. What are the issues to be concerned when specifying quantity clause in a sales contract?
答:When stipulating a quantity clause in a sales contract, the following are to be concerned: ①adopting the right unit measurements
In international trade, the quantity of commodities is always shown as a specific amount in different measurement units such as weight, number, length, area and volume, etc. Since different commodities have different natures and characteristics, the adoption of measurement units varies. Therefore, the quantity of the contract commodity must be measured in the right measurement unit.
②being aware of different measurement units
Due to the existence of different measurement systems in the world, traders need to be aware of the consistency of system. A notable fact is that some units in different systems carry the same name though; they are indicating standards of measurement with significant difference. In addition, it is true that due to the local background and customary practice, different countries adopt different systems of measurement. Therefore, traders need to clarify the use of unit and measurement system to avoid unnecessary disputes.
③making use of the more or less clause which allows the seller to have flexibility in
making shipment because absolute quantity is difficult or even impossible to handle
“More or less clause” refers to the stipulation constituting part of the quantity clause in the contract that allows the seller to deliver the goods with a certain percentage of more or less in
quantity accordingly. The use of “more or less clause” is for the sake of efficient shipment and less complexity in contract execution because in practice it is not that easy to control the quantity of goods supplied strictly and exactly.
51. Under what circumstances does time of shipment equal to the time of delivery? 答:Time of shipment refers to the time limit for loading the goods on board the vessel at the port of shipment while time of delivery refers to the time limit during which the seller shall deliver the goods to the buyer at the agreed place.
For all shipment contracts, time of shipment equals to time of delivery and they can be used interchangeably in the contract. According to Incoterms 2000, contracts concluded on the basis of terms like FOB, CFR, CIF, FCA, CPT, CIP are shipment contracts. Under the shipment contract, the seller fulfills his obligation of delivery when the goods are shipped on board the vessel or delivered to the carrier and the seller only bears all risks prior to shipment.
52. What are the functions of a bill of lading?
答:A bill of lading has three major functions: First, it is a cargo receipt. Second, it is evidence of a contract of carriage. Finally, it is a document of title to the goods.
53. What are the main types of bills of lading?
答:Bills of lading can be classified into various forms according to different standards. ①According to whether the goods have been loaded on board the carrying vessel, bills of lading can be classified into shipped (or on board) B/L and received for shipment (or received) B/L.
② According to the apparent condition of the received cargo, bills of lading can be
classified into clean B/L and unclean B/L.
③According to the address of the consignee, bills of lading can be divided into straight B/L, order B/L and open B/L.
④ According to whether transshipment is involved in transit, bills of lading can be
classified into direct B/L and transshipment B/L.
⑤According to the perplexity or simplicity of the bill content, bills of lading can be classified into long form B/L and short form B/L.
⑥According to the payment condition of freight, bills of lading can be classified into
freight prepaid B/L and freight to be collected B/L.
⑦According to the validity, bills of lading are classified into original B/L and copy B/L. ⑧Other forms of bill of lading also exist according to different circumstances. They are stale B/L, ante-dated B/L, advance B/L and on-deck B/L.
54. What are the ways of dividing charges of loading and unloading in a charter party? 答:Four methods are usually used to divide the expenses of loading and unloading between the ship-owner and the charterer:
①Liner Terms/Gross Terms or In and Out (I. & O): The ship-owner bears loading and
unloading cost.
②Free In (F. I. ): The ship-owner is only responsible for unloading cost. ③Free Out (F. O. ): The ship-owner is only responsible for loading cost.
④Free In and Out (F. I. O. ): The ship-owner does not bear loading and unloading cost. Or F. I. O. S. T. (free in and out, stowed and trimmed): The ship-owner does not bear loading and unloading cost, not even bear the expenses of stowing and trimming.
55. What factors are to be concerned in stipulating clause of delivery in a contract? 答:The shipment clause in a sales contract usually includes stipulations concerning time of delivery (time of shipment), port (place) of shipment and port (place) of destination, partial shipments, transshipment, or lay days, demurrage and dispatch money.
61. What are the four insurance principles guiding insurance practice in China?
答:The four principles guiding insurance practice in China are the Insurable Interest Principle, the Utmost Good Faith Principle, the Indemnity Principle and the Proximate Cause Principle.
62. What are the differences between general average and particular average?
答:Although both general average and particular average belong to the category of partial loss, there is still some differences between them:
①Causes: Particular average is a kind of cargo loss usually caused directly by sea perils,
while general average is caused by intentional measures taken to save the common interest.
②Indemnification: Particular average is often borne by the party whose cargo is damaged, while general average should be proportionally contributed among all parties benefited from the intentional measures.
63. What are the conditions for general average?
答:A partial loss can be treated as general average if it is formed upon the following conditions:
①The danger that threats the common safety of cargo and/or vessel shall be materially
existent and is not foreseen.
②The measures taken by the master shall be aimed to remove the common danger of both vessel and cargo and shall be undertaken deliberately and reasonably for common safety.
③The sacrifice shall be specialized and not caused by perils directly and the expense
incurred shall be additional expense which is not within the operation budget.
④The actions of the ship?s master shall be successful in saving the voyage.
64. What are the differences between the scope of ICC (B) and ICC(C)?
答:The scope of ICC (C) covers loss of or damage to the cargo attributable to fire or explosion; vessel of craft being stranded, grounded, sunk or capsized; overturning or derailment
of land conveyance; collision or contact of vessel, craft or conveyance with any external object other than water; or discharge of cargo at a port of distress; general average sacrifice; or jettison.
Apart from those covered under ICC (C), the scope of ICC (B) also covers loss of or damage to the subject matter insured attributable to earthquake, volcanic eruption or lightning; washing overboard; entry of sea, lake or river water into vessel, craft, conveyance, container, liftvan or place of storage; or total loss of any package lost overboard or dropped whilst loading onto or unloading from, vessel or craft.
65. List the risks that are known as general additional coverage.
答:General additional insurance coverage mainly covers 11 types of risks: ①T. P. N. D (Theft, Pilferage and Non-delivery) ②Fresh Water Rain Damage ③Risk of Shortage
④Risk of Intermixture and Contamination ⑤Risk of Leakage
⑥Risk of Clash and Breakage ⑦Risk of Odor
⑧Heating and Sweating Risk ⑨Hook Damage ⑩Risk of Rust ?Breakage of Packing Damage
66. What are main expenses involved in ocean marine insurance? How to define them? 答:Marine cargo insurance also covers the expenses incurred to avoid or reduce the damage to or loss of the subject matter insured. There are mainly two types of expenses. One is sue and labor expenses, the other is salvage charges.
Sue or labor expenses are extraordinary expenses made in a time of peril by the insured to act to avert, or minimize any loss of or damage to the subject matter insured. Salvage charges are expenses resulting from measures properly taken by a third party other than the insured, his agents, or any person employed by them to preserve maritime property from perils at sea.
67. What documents are needed when an insurance claim is made?
答:When making an insurance claim, the claimant usually is required to submit the following documents:
①Original insurance policy or insurance certificate ②Original bill of lading or other transport document ③Commercial invoice ④Packing list
⑤Certificate of Loss (Certificate of Survey)