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1.One Chinese foreign trade firm, entrusted by a domestic end customer, signed an import contract in its own name with a foreign exporter. The payment

1."One Chinese foreign trade firm, entrusted by a domestic end customer, signed an import contract in its own name with a foreign exporter. The payment was to be made by D/P at sight. When executing the contract, the seller sent the goods and the complete set of documents directly to the end customer without obtaining the agreement from the buyer. After receipt of the goods, the end customer encountered financial difficulty and became unable to make payment. Under such circumstance, the foreign seller believed that the contract was signed by our foreign trade firm in its own name, so the buyer was the trade firm, not the agent of the domestic end customer. According to the payment terms in the contract, the exporter required the trade firm to make payment. Question: Does the Chinese foreign trade firm have the responsibility to make payment? Why?"

2."An export company in China entered into a transaction with a Russian company, stating soybean net weight of 100 kilograms per bag, 1000 bags, a total of 100 metric tons. However, after the goods arrived in Russia, the customs discovered the soybean net weight of 94 kilograms per bag, 1000 bags, a total of 94 metric tons. At the time, the market price was falling, so with the reason of discrepancies between the document and the cargo, the Russian company asked for 5% price reduction, otherwise they would reject the cargo. Question: Are the Russian side's requests reasonable? What measures should the Chinese exporter take for remedy? "

3."One Chinese foreign trade company A exported a batch of goods to German company B on FOB term. In the contract it was stipulated that the water should not exceed 15%, impurity not more than 3% and before the deal, Company A sent the sample to the customer. After the arrival of the goods in Germany, the buyer obtained an inspection certificate, stating the quality of the goods was 7% inferior to the quality of the sample, therefore, the buyer claimed for 600 pounds of compensation. Company A refused the compensation and stated that it the products were carefully selected, and it is not possible for the goods to be made exactly like the sample. However, while its not exactly the same the quality could not be 7% inferior to the sample, although they do not have copy of the sample to back up their claim. Question: Can the Chinese company ignore the complaint? Are there any mistakes made by the exporting company?"

4."One Chinese exporter signed an export contract with Company A from a foreign country. Payment will be made by D/P at 45 days after sight. When the bill of exchange and the documents were sent by the remittance bank to the collection bank in the importer's location, Company A accepted the bill of exchange. After the arrival of the goods at the port of destination, A obtained a trust receipt and borrowed the documents from the collecting bank and took delivery of the goods for resale. When the bill of exchange was due, A became insolvent because of poor management. The collecting bank informed the remitting bank that the drawee rejected the payment and suggested the Chinese exporter to collect the money back directly from Company A. Question: What should our exporter do under such circumstance?"

5."A foreign importer signed a contract with an import and export company in China for 500 metric tons of wheat. The contract stipulated that the L/C should be established before January 20th, 2009 and the shipment should be before February 5th. On January 28th, the importer opened the L/C which was valid until February 10th. It became difficult for the seller to ship on time, so the seller asked the buyer to extend the time of shipment to February 17th and the validity of L/C to February 20th respectively. The buyer agreed but didn't inform the opening bank. The goods were shipped on board on February 17th and the seller presented the shipping documents to the bank for negotiation, the bank refused. Questions: Does the bank have the right to refuse the payment? Why? How should the seller deal with the problem?"

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