8. 이행 단계 (물품 및 서류 준비단계)

전체 글

(1)

English for Global Business

(2)

In the Implementation Phase

, the exchange of

products itself and the payment, logistics, insurance

and customs services take place by the followings

;

• Providing Required

;

• DocumentsDelivering Goods

; and

• Paying for the Goods

;

as per the performance of contract

and

the termination of contract.

(3)

After studying this lesson, you will be able to :

• understand

the implementation of the contract;

• identify

contents of payment, international

transportation, international cargo and insurance.

(4)

Implementation of Contract

Once a

contract is formed

between the

seller

and the

buyer, the next step followed is

a performance of the contract:

• SHIP

: The execution of delivery of the goods

;

• PAY

: The payment for the goods

.

Both parties will hold

joint responsibilities

for

the performance of the contract.

(5)

Implementation of Contract

• The seller shall execute their basic obligations of delivering the goods, handing over any documents relating to them and transferring the property of the goods as required by the contract.

• The seller must deliver goods which are of the quantity, quality and description required by the contract and which are contained or packaged in the manner required by the contract.

• The seller must deliver goods which are free from any right or claim of the third party, unless the buyer

agreed to take the goods subject to that right or claim.

(6)

Implementation of Contract

• The buyer must arrange financial documents (or instruments) for the payment as required by the contract. • The buyer has to choose the financial instruments and the

methods of payment, which are pursuant to the terms of payment in the sales contract, and must complete the payment accordingly.

(7)

Cargo Readiness

The quality must conform to the stipulation of the

contract and the requirement of the related laws.

• Conform to the Contract: When the sale is by description, the goods should comply with the description; when the sale is by sample, the goods should be in accordance with the sample in terms of quality; when the sale is by sample as well as by description, the goods will correspond with both the sample and the description.

• Conform to the Requirements of the Related Laws: The requirements by laws regarding quality cover two aspects: First, the goods are fit for the purpose for which goods of the same description would ordinarily be used, i.e. the goods are merchantable. This is an implied guarantee of quality required by the law. Second, the goods are fit for any particular purpose expressly or impliedly made known to the seller at the time of conclusion of the contract, except where the circumstances show that the buyer did not rely, or that it was unreasonable for him to rely, on the seller’s skill and judgement.

(8)

Cargo Readiness

The quantity must conform to the contract.

• The words “about”, “approximately”, “circa” or similar expressions used in connection with the amount or the quantity or the unit price

stated in the contract are to be construed as allowing the quantity

or the unit price to which they refer.

• Unless a credit stipulates that the quantity of the goods specified must exceed or be less than, a tolerance of 5% more or less will be

permissible, always provided that the amount of the drawings does

not exceed the amount of the credit. This tolerance does not apply when the credit stipulates the quantity in terms of a stated number of packing units or individual items.

(9)

Documents Readiness

• According to the sources of document, the most commonly used

international trade documents can be classified roughly into five categories as follows: • Official documents • Commercial documents • Financial documents • Transport documents • Insurance documents

(10)

Documents Readiness

• Official documents

• A GBT involves complex flows of goods and services between many countries.

• Therefore, a set of official documents are used by countries to monitor and control these flows.

• These usually include: • Export License;

• Import License and foreign exchange authorisation; • Certificate of Origin;

• Inspection Certificate; • Consular Invoice;

(11)

Documents Readiness

• Official documents

(i) Export License

• Export license is also called the export permit, which is the first document an exporter must be concerned with. • Such a document is normally required for the export of

certain key raw material, equipment, machinery or other restricted goods related to national or international security.

• It may also be required to implement a government policy or decisions, such as to exercise economic sanctions against some countries.

(12)

Documents Readiness

• Official documents

(ii) Import License and Foreign Exchange Authorisation

• Many countries use import licenses and foreign exchange authorisation systems to restrict importers from presenting proforma invoices to their licensing authorities or to their central banks, or sometimes to both to apply for the license.

• If the planned importation is legal and meets current requirements, the license will be issued.

• Therefore, exporters should not ship to importers who need licenses until the licenses are actually in hand.

• The purpose of such documents is to control the inflow of foreign goods for various purposes such as to protect the domestic industries, or maintain the balance of

(13)

Documents Readiness

• Official documents

(iii) Certificate of origin

• A certificate of origin is the document which states the country or the place of origin of the goods.

• It is a form to prove that the merchandise in question did come from wherever it is claimed.

• The certificate is usually prepared by the shipper.

• The main purpose is to obtain preferred import status for the goods and to get financing easily for the export of goods of certain origin.

• In Korea, this certificate is generally issued by the Korea Chamber of Commerce and Industry or Korea Customs Service.

(14)

Documents Readiness

• Official documents

(iv) Certificate of Inspection

• This document contains many similar kinds of certificates, e.g. certificate of value, certificate of quality, certificate of quantity, certificate of health and weight etc. • The contract may require either the exporter to certify

that the quality of the goods meets the contract requirements of an external inspector to make an independent certification.

• The contract also stipulates who is to carry out the inspection and who is to pay for it.

• The purpose is to ensure that the goods meet a certain standard.

• The inspection is done by either governmental authorities

(15)

Documents Readiness

• Official documents

(v) Consular Invoice

• A consular invoice is a document certified by the consul of the country which the merchandise is destined and an exporter must purchase from the importing country’s commercial Consulate.

• The invoice is used by customs officials of the country of entry to verify the value, quantity, and nature of the merchandise imported.

• Most of the consular invoices are in the language of the country from which the goods are shipped.

(16)

Documents Readiness

• Official documents

(v) Customs Invoice

• Customs invoices are required by the importing country in order to

• clear customs,

• to compile statistics,

• to verify country of origin for import duty and tax purposes,

• to compare the exporting price and domestic price, and

• to fix the anti-dumping duty.

• It is issued on a special form prescribed by the customs authorities of the importing country.

An anti-dumping duty is a protectionist tariff

that a domestic government imposes on foreign imports that it believes are priced below fair market value. Dumping is a process where a company

exports a product at a price lower than the price

it normally charges in its own home market. To

protect local businesses and markets, many

countries impose stiff duties on products they

believe are being dumped in their national market.

http://news.mt.co.kr/mtview.php?no=20181108123843819 59

(17)

Documents Readiness

• Commercial Documents

• Commercial documents are generally issued by the exporter, or some relevant non-governmental business organizations.

• They aim to ensure smooth transactions and usually include: • Proforma Invoice

• Commercial Invoice • Quality Certificate • Weight Certificate

(18)

Documents Readiness

• Commercial documents

(i) Proforma Invoice

• Proforma invoice is an invoice similar to a commercial invoice and it contains the same information as a commercial invoice but is headed Proforma.

• It is provided by an exporter prior to a sale or shipment of merchandise, informing the buyer of the kinds an quantities of goods to be shipped, their value, the specifications as per weight, size and similar characteristics.

• It is used for quotation to the importer who sometimes needs the document to apply for import licenses and foreign exchange.

• A proforma invoice has no legal status.

• It is only a means to facilitate the buyer to accomplish the corresponding tasks.

(19)

Documents Readiness

• Commercial documents

(ii) Commercial Invoice

• A commercial invoice is one of the most important documents which identifies the seller and the buyer of goods or services, numbers such as the invoice number, date, shipping date, mode of transport, delivery and payment terms, and a complete list and description of the goods or services including quantities, unit price and total prices.

• It is often used by governments to determine the true value of goods for the assessment of customs duties and also to prepare consular documents.

• Commercial invoices used in international trade serve as a record of the essential details of a transaction.

(20)

Documents Readiness

• Commercial documents

(ii) Commercial Invoice

• A commercial invoice must show the following basic information about the transactions:

① The shipper : the full and accurate name of the shipper should be used;

② The description : description of the goods in the commercial invoice must be in exact conformity with the spelled out in the letter of credit and other documents; ③ Net and gross weight : depending upon the product,

duty may often be applied on the weight of the goods, and if the net and the gross weight are not stated, the customs authorities may just take the gross weight as the weight for duty;

(21)

Documents Readiness

• Commercial documents

(ii) Commercial Invoice

④ The dimension of the shipment : for handling the goods in transit;

⑤ The unit price ; the most important information in the invoice;

some countries will levy a fine against you if you show a price

lower than that agreed upon; and carefully note the “currency” in

which the price is listed to make sure that this conforms to that stipulated in the contract;

⑥ Freight, insurance, package ; must be in conformity with whatever

is designated in the agreement, but also agree with the actual charges which may be reflected in order documents such as the freight on the bill of lading;

⑦ Date ; this could be a determining factor in the date of payment;

⑧ signature ; omission of the currency designated is the most

common error on the invoice, and a failure to sign the invoice comes a close second.

(22)

Documents Readiness

• Commercial documents

(iii) Quality Certificate

• A quality certificate confirms that the quality/specification of a particular consignment of goods is in agreement with the sales contract at the time of shipment.

• It may be issued by the exporter or a relevant government department as required under the L/C or sales contract terms.

• It is essential that cargo description in the quality certificate conforms to its terms found in other relevant documents, such as the commercial invoice, L/C, insurance policy.

(23)

Documents Readiness

• Commercial documents

(iv) Weight Certificate

• A weight certificate is usually requested by the importer to confirm that the weight of the goods is in accordance with the sales contract at the time of shipment.

• It is a supplement to a commercial invoice to show that details of a shipment when specification, quantity, weights or contents of individual units in the shipment vary.

• Similar to a quality certificate, it may be issued by the exporter or a relevant government department as required under the L/C or sales contract terms.

• The purpose of a weight certificate is to recognise the goods, to clear the customs and to check the goods.

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