1.B/L是貨物收據(jù),同時它又是代表貨物所有權(quán)的憑證,也是承運人與托運人之間運輸契約的證明.買方要憑正本提單才能提貨,在沒有收到買方的全額貨款前,拿著提單正本就表明貨物還受你控制,當然前提是提單里的發(fā)貨人是買方.
2.因為提單里的發(fā)貨人也就是貨物所有人是買方而不是賣方,當然買方拿著副本就可以提貨了.
所以,在出提單時候買方就應該注意,不能隨便答應買方要求,把發(fā)貨人寫買方的名字,除非賣方已經(jīng)收到全款,不然這樣做,對賣方的風險是很大的.
PS:請問您這是在做理論試題,還是只是您先知道原因而已.是理論試題。請問能用英語回答嗎？標準的。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.我個人見解，僅供參考而已，希望可以幫到您。
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?
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?
英語人氣：194 ℃時間：2020-03-28 16:12:31
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