每批再分批遭拒付的案例分析

Case Description:

知识点视频

In 2018，Shenzhen Tongda Trading Company （hereinafter referred to as Tongda company） exported 1 000 metric tons of corn to German MK trading company （hereinafter referred to as MK）.On June 15，2018，Tongda company received the letter of credit from MK，which stipulated：“1 000 metric tons of corn are allowed to be shipped in two lots，600 metric tons of which will be transported to Hamburg Port no later than July 31，2018，and the remaining 400 metric tons will be transported to Bremen Port before August 31，2018.”After checking the L/C，Tongda company placed the booking.Due to the shortage of shipping space for Hamburg Port，600 metric tons of corn needed to be arranged in two lots.The foreign trade salesman of Tongda company thought that since the L/C showed that partial shipment is allowed，so the first batch of 600 metric tons of corn can also be shipped in partial shipment，so she shipped 400 metric tons of corn by the ship of “empress”on July 1，and shipped 200 metric tons of corn by the ship of “sailing”to Hamburg Port On July 4，and the corresponding bills of lading were obtained respectively.After that，other documents required by the letter of credit were prepared to go through negotiation with the bank.However，the bank thought that Tongda company violated the terms of the letter of credit on partial shipment and refused to pay.Finaly Tongda company reduced the price （图4-6） .

Question:

1.What is partial shipment?What are the regulations on partial shipment in UCP600?

2.What are the mistakes of Tongda company?Why?

图4-6　Violation of Partial Shipment Regulations

Answer:

1.(1) Partial shipment refers to that the goods under a contract are shipped in batches or installments.(www.xing528.com)

(2) ①Partial drawings or shipments are allowed.

②A presentation consisting of more than one set of transport documents evidencing shipment commencing on the same means of conveyance and for the same journey，provided they indicate the same destination，will not be regarded as covering a partial shipment，even if they indicate different dates of shipment or different ports of loading，places of taking in charge or dispatch.If the presentation consists of more than one set of transport documents，the latest date of shipment as evidenced on any of the sets of transport documents will be regarded as the date of shipment.

A presentation consisting of one or more sets of transport documents evidencing shipment on more than one means of conveyance within the same mode of transport will be regarded as covering a partial shipment，even if the means of conveyance leave on the same day for the same destination.

③A presentation consisting of more than one courier receipt，post receipt or certificate of posting will not be regarded as a partial shipment if the courier receipts，post receipts or certificates of posting appear to have been stamped or signed by the same courier or postal service at the same place and date and for the same destination.

2.Tongda company shipped the first batch of 600 metric tons of corn in two lots.Tongda company is wrong because the Letter of Credit stipulates that “1 000 metric tons of corn shall be shipped in two lots.”The number of partial shipments has been limited to two batches，600 metric tons of corn to Hamburg and 400 metric tons of corn to Bremen.No more batches are allowed in each batch.If the Letter of Credit stipulates that “1 000 metric tons of corn shall be shipped in two batches，the schedule is as follows:600 metric tons of corn shall be delivered to Hamburg Port no later than July 31，2018；400 metric tons of corn shall be delivered to Bremen Port no later than August 31，2018.Partial shipment is allowed.”In this way，Tongda company can consider further batches in each batch.

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依法开展贸易　善用法律武器

对外经贸活动涉及广泛、复杂的法律，而这些法律是促进我国对外贸易持续健康发展的重要保障。外贸活动中的每一种贸易方式、每一个交易环节、每一个合同条款，都是一种法律关系的体现，涉及不同的权利与义务。例如，在国际货物运输中，倒签提单和预借提单都隐瞒了货物的实际装船日期，违反了民法上的诚实信用原则，行为人应承担由此引起的民事责任。外贸业务员应该重视对国际经贸法律的学习，不断增强法律意识，严格依照国际和国内法律经营，认真遵守合同各项条款约定。并且，外贸企业应该善于运用法律手段，注重发挥律师作用，敢于拿起法律武器维护国家和企业的正当权益，确保我国经济贸易的健康、持续、高质量发展。