A China company imports 100 metric tons of steel at a price of $584 per metric ton FOB new york. China opened a letter of credit of $58,400 as scheduled, but American businessmen called to increase the amount of the letter of credit to $60,000. Otherwise, the export tax and visa fee should be cabled separately by us. Is the seller's request reasonable? Why?
Analysis: The seller's request is reasonable. When negotiating import transactions and signing contracts with the United States in accordance with the above-mentioned price terms, it should also be clear that the buyer is responsible for handling various export documents and bearing all relevant visa fees. That is to say, the export tax and other taxes levied for export should also be indicated as borne by the buyer. According to the relevant interpretation in the revised definition of foreign trade in the United States (194 1), under the condition of FOB, the responsibilities of the buyer include: paying export tax and other taxes and fees levied for export; Pay all expenses incurred by various certificates issued by the country of origin or the country of shipment in order to obtain the export or import of goods at the destination, except for the clean ship receipt or bill of lading, and all the above expenses shall be borne by the buyer. Therefore, it is reasonable for the seller to ask for an increase in amount.
Case 2 (Risk Department)
There is a CIF contract, and the goods have been shipped at the time limit and the port of shipment stipulated in the contract, but the loaded ship hit the rocks and sank one hour after leaving the port. The next day, when the seller demanded payment from the buyer with bills of lading, insurance policies, invoices and other documents, the buyer refused to accept these documents and payment on the grounds of total loss of the goods. Excuse me: Under the above circumstances, does the seller have the right to demand payment from the buyer with the required documents?
Analysis: The seller has the right to demand payment from the buyer. Because the transaction is conducted under CIF conditions, the risks are divided by the ship's side at the port of shipment, and the subsequent risks are borne by the buyer. If the goods are lost in transit, the buyer should lodge a claim with the insurance company. Therefore, although the goods hit the rocks and sank one hour after leaving Hong Kong, the seller still has the right to demand payment from the buyer against the documents stipulated in the contract, and the buyer cannot refuse to pay.