2. Practice of International Trade – The Prevention and Settlement of Disputes Chapter 4-6 www.epowerpoint.com

3. Clause of Inspection Time and place for inspection Inspection to be made in the exporting country Inspection at the manufacturer Inspection at or before the shipment – Shipping Quality and Shipping Weight Inspection to be made in the importing country Inspection at the port (place) of destination – Landed Quality and Landed Weight Inspection at the place of the buyer or user Inspection in the exporting country and re- inspection in the importing country Weight inspection at the port (place) of shipment and quality inspection at the port of destination – Shipping Weight and Landed Quality

4. Re-inspection Time of re-inspection: it’s also the time for lodging claims “The Buyer loses the right to rely on a lack of conformity of the goods if he does not give notice to the Seller specifying the nature of the lack of conformity within a reasonable time after he has discovered it or ought to have discovered it. In any event, the Buyer loses the right to rely on a lack of conformity of the goods if he does not give the Seller notice thereof at the latest within a period of two years from the date on which the goods were actually handed over to the Buyer, unless this time limit is inconsistent with a contractual period of guarantee.” Organization and method of re-inspection

5. What should an importer do if he has found the goods was damaged: Examine the shipping mark and the quantity of the goods carefully Examine the indicative marks if any Make a detailed record on the package of the damaged goods Ask for a tally certificate from the Tally Company Ask the inspection organization for inspection. Also, ask the insurance company to conclude a report on the damage of the goods

6. Clause of Force Majeure Function of Clause of Force Majeure Principles of Force Majeure The event must occurs after the contract has been concluded The event cannot be foreseen by both the Seller and the Buyer at the time of negotiation The event cannot be avoided and/or overcome by all the parties The important content in a Clause of Force Majeure Kinds of Force Majeure events Effect of Force Majeure events Notice for Force Majeure events Certificate on the Force Majeure events

7. Clause of Arbitration Ways to settle disputes in international trade Friendly consultation Mediation Litigation Arbitration

8. Difference between arbitration and court trial: Arbitration is based on an agreement of the parties There must be an agreement on arbitration between the Seller and the Buyer The procedure of arbitration is simpler, and the cost is lower It’s quicker to settle the dispute under the way of arbitration The award of arbitration is final and has binding force upon the parties concerned

9. Arbitration agreement Clause of Arbitration Submission Effect of arbitration agreement According to the arbitration agreement, both parties can only have their disputes settled by the means of arbitration Arbitration agreement can rule out the jurisdiction of the court on certain dispute – this is the most important effect of arbitration agreement Arbitration agreement enables the arbitration organization to have the jurisdiction on the dispute