Determination of the seller's delivery quality and quantity

After the buyer and the seller have concluded the contract, the seller’s basic obligation is to deliver the goods in accordance with the quality, quantity, and packaging conditions as stipulated in the contract. However, how to determine whether the seller’s delivery quality and quantity are in accordance with the contract stipulates that the goods inspection clauses in the contract are involved. In international trade, there are usually three ways to specify when and where goods are to be tested:

(I) Shipped Quality and Quantity as Final

This is what is commonly called offshore quality and offshore quantity. According to this provision, the goods shall be inspected by the inspection agency of the port of shipment before shipment and shall issue a Ceritficate of Quality and Quantity, which will be used as the final basis for determining the quality and quantity of the batch of deliveries, and the buyer generally has no right to Objection to the quality and quantity of delivery.

(B) Landed Quality and Quantity as Final (Landed Quality and Quantity as Final)

That is, after the goods arrive at the port of destination, they are inspected by the destination inspection agency, and the quality and quantity inspection certificate issued by the inspection agency is used as the final basis for the quality and quantity of the delivery. In such a circumstance, the seller shall be liable for compensation if it proves that the quality and quantity do not conform to the same provisions as the seller’s liability.

(3) The inspection certificate of the port of shipment is used as the basis for collection and payment of goods. After the goods reach the port of destination, the buyer has the right of re-examination. According to such regulations, the goods must be inspected by the inspection agency of the port of shipment before shipment, and the inspection certificate is one of the documents submitted by the seller when the seller receives the payment from the bank. After the goods arrive at the port of destination, the buyer has the right to re-examination. If the goods are found to be inconsistent with the regulations after re-inspection, it proves that the inconsistency was when the seller delivered the goods (that is, when the risk of the goods was transferred from the seller to the buyer). If there is, the buyer can submit an objection and a claim to the seller with a reconfirmation certificate. Among the above provisions, the third is the most commonly used, and this method of approval also recognizes the inspection certificate provided by both buyers and sellers.

(D) Several other methods of prescription.

1. Manufacture's Quality as Final is based on the quality of the goods passed by the manufacturer. This stipulated method is most advantageous to the manufacturer, so the buyer is generally reluctant to adopt this rule except for a few special goods.

2. The inspection after the goods arrive at the destination shall prevail. When the buyer’s place of business and the place where the goods are sold are inland in the country of import, it may be customary to extend the time and place of the inspection to the final destination of the goods if the seller is notified in advance.

3. The buyer assigns a representative to the production plant and the place of delivery to supervise production and loading, subject to the quality and quantity of the buyer’s representative approval.

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