The payment clause of a sales contract between Company A(the seller) and Company B(the buyer)stipula
The payment clause of a sales contract between Company A(the seller) and Company B(the buyer)stipula
10% of the total value of the goods should be put in advance to the seller's account before September 10th.Within 20days after receiving the down payment,the seller effects shipment,sending one copy of the B/L to the buyer who in turn puts the rest of the payment to the seller's account in exchange for original B/L.However,the buyer demanded the seller put the buyer's name to the consignor on the B/L.The trade term involving in the contract was FOB Shanghai.The seller effected shipment on September 24th,18 days after receiving the 10% goods values remitting from the buyer and sent one copy of the B/L to the buyer as stipulated in the contract.However,although the seller pressed for the payment again and again,the buyer always tried to delay.The seller then asked the carrier not to release the goods to the buyer.However,the carrier told the seller the buyer had taken away the goods with the copy of the B/L for he was the consignor on the B/L.
Questions for discussions:
1.Why did the seller keep the original B/L before getting the full payment in FOB contract?
2.Why could the buyer take delivery without original B/L in this case?
1.B/L是货物收据,同时它又是代表货物所有权的凭证,也是承运人与托运人之间运输契约的证明.买方要凭正本提单才能提货,在没有收到买方的全额货款前,拿着提单正本就表明货物还受你控制,当然前提是提单里的发货人是买方.
2.因为提单里的发货人也就是货物所有人是买方而不是卖方,当然买方拿着副本就可以提货了.
所以,在出提单时候买方就应该注意,不能随便答应买方要求,把发货人写买方的名字,除非卖方已经收到全款,不然这样做,对卖方的风险是很大的.
PS:请问您这是在做理论试题,还是只是您先知道原因而已.是理论试题。请问能用英语回答吗？标准的。英文如下：1. B/L is a document issued by a carrier, or its agent, to the shipper as a contract of carriage of goods. It is also a receipt for cargo accepted for transportation, and must be presented for taking delivery at the destination. As the seller hadn’t got the full payment, he needed to keep the original B/L to control the shipments. But only the shipper is the seller's name in B/L, the seller can control the shipments arrived at destination.2. Because the shipper in B/L was the buyer not the seller, of course, the buyer could took away the shipments with the copy of B/L.我个人见解，仅供参考而已，希望可以帮到您。