What does the overflow clause include?

What is the content of the overflow and shortage clause? The increase or decrease clause is a common method to indicate the range of changes in the quantity of goods. In order to make the delivered quantity have a certain range of flexibility and facilitate the performance of the contract, the buyer and the seller can reasonably stipulate the range of quantity mobility in the contract. As long as the quantity delivered by the seller is within the agreed increase or decrease range, even if the quantity is delivered according to the contract, the buyer shall not refuse to receive the goods or lodge a claim on the grounds that the delivered quantity does not match.

1, percentage of overflow and shortage:

The range of quantity maneuver is usually expressed as a percentage, and whether this percentage is appropriate depends on factors such as commodity characteristics, industry or trade habits, and mode of transportation.

2. Overflow and shortage parts options:

Who will exercise the right to choose the scope of maneuver in the case of the scope of maneuver stipulated in the contract? Generally speaking, it is the party who performs the delivery, that is, the seller chooses. However, if maritime transport is involved, the delivery quantity is closely related to the cabin capacity of the ship carrying the goods, so it must be agreed with the ship when chartering. Therefore, in this case, the scope of delivery maneuver is generally selected by the party responsible for arranging the ship, or simply selected by the captain according to the cabin capacity and loading situation. In a word, the option of control scope can be exercised by the buyer, the seller or the ship according to different situations.

3. Pricing method of overflow and shortage parts:

The usual practice is to settle the multi-packaged or less-packaged parts that exceed or fall below the contract quantity at the contract price. However, under certain conditions, the overflow and shortage of quantity are related to the interests of buyers and sellers.

What is the overflow clause? What does it include? How to stipulate in the contract means that it is sometimes difficult to deliver the goods accurately according to the agreed quantity due to the influence of commodity characteristics, supply changes, cabin capacity, loading technology and packaging. In order to avoid the legal liability caused by the actual delivery shortage or exceeding the contract provisions and facilitate the performance of the contract, it is usually stipulated in the contract that for some goods whose quantity is difficult to be strictly limited, the allowed delivery quantity has a certain range of flexibility.

Usually, the range of quantity maneuver in a contract is expressed as a percentage, and whether this percentage is appropriate depends on factors such as commodity characteristics, industry or trade habits, and mode of transportation.

In an international trade contract, the content of the overflow clause includes the quality specification clause of the goods.

The quality specification of goods refers to the internal quality and appearance of goods? Law. Business? What are the main contents of the quality clause? Name, specification or brand name? Law. Business? There are two ways to specify quality specifications in the contract: samples, words and drawings? Law. Business? Determine the quality of goods by samples in the contract? ,? The seller shall bear the responsibility that the quality of the goods must be exactly the same as that of similar products? Law. Business? To avoid disputes? ,? The contract should state that "the quality is roughly the same as the sample"? Law. Business? Sample trading is suitable for trading that can determine the quality of goods from the appearance? Law. Business? Trading through words and drawings includes trading through specifications, grades or standards? ,? Buying and selling according to specifications and buying and selling according to trademarks, brands or places of origin? Law. Business? For contracts with drawings and specifications, the legal effect of the drawings and specifications shall be indicated? Law. Business?

2. Quantity of goods clause

What are the main contents of the quantity clause? Quantity, unit of measurement and method of measurement delivered? Law. Business? When formulating the quantity clause, we should pay attention to defining the unit of measurement and the system of measurement. Law. Business? In terms of quantity? ,? Contracts usually stipulate "approximate figures"? ,? But the interpretation of "approximate number" is easy to cause controversy? ,? Therefore, we should add "overflow clause" to the contract? ,? Clearly define the degree of overflow? ,? For example, "500 metric tons of northeast rice? ,? Overload and less than 3% "? ,? At the same time, stipulate the pricing method of overflow and shortage? Law. Business?

3. Terms of goods packaging

Packaging means effectively protecting the quantity integrity and quality requirements of goods? ,? Put the goods in a suitable container? Law. Business? The main contents of the packing terms include: packing method, specifications, packing materials, fees, marks and numbers? Law. Business? The material, shape and specifications of the package should be clearly defined when formulating the packaging terms? ,? You shouldn't use vague words such as "seaworthy packaging" and "standard export packaging"? Law. Business?

4. Goods price clause

The main contents of the price terms include: the price amount of each unit of measurement, the currency of valuation, the designated delivery place, trade terms and the pricing method of goods, etc. Law. Business? Prevent commodity prices from being affected by exchange rate fluctuations? ,? Gold or foreign exchange hedging clauses can also be added to the contract? ,? It is clearly stipulated that when the value of the denominated currency changes. ,? Should the price be adjusted accordingly? Law. Business?

5. Terms of shipment of goods

The main contents of the shipping terms include: time of shipment, mode of transportation, place and destination of shipment, and shipping advice. Law. Business? According to different trade terms? ,? Different requirements for shipment? ,? Then should the terms of shipment be determined according to the terms of trade? Law. Business? Is there a choice of port in the contract? ,? Who should bear the increased freight and extra expenses? Law. Business?

6. Cargo insurance clauses

Insurance in international sales of goods means that importers and exporters apply for insurance with insurance companies and pay insurance premiums according to certain risks? ,? So that when the goods are damaged in transit. ,? Get financial compensation from the insurance company? Law. Business? The main contents of the insurance clauses include: determining the insured and paying the insurance premium? ,? Insurance coverage and insurance clauses? Law. Business? In the international sale of goods? ,? The sharing of insurance liability and expenses is determined by the terms of trade chosen by both parties? ,? Therefore, what kind of risks are insured and what special requirements both parties have for insurance should be clearly stipulated in the contract? Law. Business? Besides? ,? Both parties shall specify the name of the insurance clauses adopted in the contract? ,? What if the marine cargo insurance clause of China People's Insurance Company is adopted? ,? Or the cargo insurance clauses of the London Insurance Association and their formulation or revision date, insurance coverage, insurance rates, etc. Law. Business?

7. Terms of payment for goods

The main contents of payment method include payment method, payment method, payment time and place? Law. Business? Are the means of payment currency and money order? ,? Mainly money orders? Law. Business? There are two payment methods. ,? First, banks do not provide credit? ,? But through the bank? ,? Such as direct payment and collection; The other is that banks provide credit? ,? Like a letter of credit? Law. Business? Payment time is usually in the order of delivery and payment? ,? Can be divided into advance payment, immediate payment and deferred payment? Law. Business? Is the place of payment the location of the payer or his designated bank? Law. Business?

8. Goods inspection clauses

Commodity inspection refers to the inspection, analysis and notarization of the quality, quantity, weight, packaging, marks, origin and damage of import and export commodities by the commodity inspection authorities? ,? And issue an inspection certificate? Law. Business? Inspection regulations mainly include: inspection organization, inspection right and reinspection right, time and place of inspection and reinspection, inspection standards and methods, and inspection certificate? Law. Business? In international trade? ,? Inspection agencies mainly include official inspection agencies, inspection agencies set up by product production or use departments, and notary appraisal firms set up by private or industry associations? Law. Business? Ownership of inspection right and reinspection right? ,? What is the time and place of inspection and reinspection? ,? In the international sale of goods? ,? Usually agreed by the parties in the contract? Law. Business? Standards and methods of inspection? ,? In the practice of international trade? ,? The following methods are usually adopted: according to the standard methods agreed by the buyer and the seller, according to the standards and methods of the producing country, according to the standards and methods of the importing country, according to the international standards or international customs? Law. Business? An inspection certificate is a written document issued by an inspection agency to prove whether the quality and quantity of goods meet the requirements of the contract? ,? Are the buyers and sellers handing over the goods? ,? Important legal documents for negotiating payment and making claims accordingly? Law. Business? Inspection certificates that meet the requirements of the contract or special laws of some countries shall be issued according to the specific provisions of the contract? Law. Business?

9. Force Majeure Clause

Force Majeure refers to unforeseeable, unavoidable and uncontrollable accidents after the conclusion of the contract? ,? Causing the contract to be unable to be performed or not to be performed on schedule? ,? Can the party suffering from force majeure be exempted from liability? ,? And the other party has no right to claim compensation? Law. Business? Generally speaking? ,? Force majeure comes from two aspects; Natural and social conditions? Law. Business? The former such as floods, droughts, earthquakes, tsunamis, mudslides and so on. ,? The latter such as war, riots, * * *, * * ban? Law. Business? Is force majeure a legal concept with exact meaning? ,? Not all accidents can constitute force majeure? Law. Business? Sometimes both parties will change the usual meaning of the concept of force majeure in the contract? ,? Therefore, it is necessary to specify the force majeure accidents recognized by both parties in the contract? Law. Business?

10 arbitration clause

Is the arbitration clause a sign that both parties voluntarily submit the dispute to a third party for arbitration? Law. Business? The main contents of the arbitration clause include: arbitration institution, applicable arbitration procedure rules, arbitration place and the effectiveness of the award? Law. Business? In the practice of international trade? ,? The arbitration institution and the place of arbitration are mutually agreed? ,? Rules of arbitration procedure are generally decided by the selected arbitration institution? ,? The validity of an arbitral award is generally one-off and final? ,? Binding on both sides? ,? Both parties have an arbitration agreement. ,? No lawsuit may be brought to the court. Law. Business?

1 1, applicable legal provisions.

A contract for the international sale of goods is concluded between parties whose places of business are in different countries? ,? Because different countries have different political, economic and legal systems? ,? Is there a conflict between law and its application? Law. Business? The parties should clearly state in the contract which country's laws apply to the contract? Law. Business?

What should the arbitration clause include? Hello, according to the needs of arbitration, the arbitration clause should generally include the following aspects:

1. Place of arbitration

The choice of arbitration place is very important. Choosing local arbitration has advantages in the application of laws and practices, communication with the arbitration tribunal and costs. But the key point is that the place of arbitration must be acceptable to both parties to the dispute.

2. Arbitration institutions

There are two kinds of arbitration institutions: permanent institutions and temporary institutions. The permanent arbitration institution in China is the International Trade Arbitration Commission under the China Council for the Promotion of International Trade, with branches in Beijing, Shanghai and Shenzhen. Foreign arbitration institutions commonly used in China's foreign trade business include: London Arbitration Institute, Stockholm Chamber of Commerce Arbitration Institute and Zurich Chamber of Commerce Arbitration Institute. When selecting a temporary arbitration institution, the arbitration clause should also stipulate the composition of arbitrators, the way of designation and whether a presiding arbitrator is needed.

3. Arbitration rules

Arbitration rules refer to the provisions on arbitration procedures and arbitration basis. The appointment of arbitrators in the arbitration procedure is directly related to the interests of the parties, and the arbitration basis determines the substantive law applicable to the arbitration trial, thus determining the nature of the arbitration result, so the arbitration rules are very important to both parties. No matter where the arbitration is conducted and by which arbitration institution, as long as the arbitration rules are selected, the arbitration result will be basically determined.

4, the effectiveness of the arbitral award

1) legally binding: the arbitration award is legally binding on both parties, and the legal binding force comes from the arbitration agreement. When accepting arbitration, the arbitration institution must have a clause in the arbitration agreement that arbitration is final, otherwise the arbitration institution will not accept it.

2) Litigation exception: Because the legal effect of arbitration is based on the agreement of both parties, the court generally refuses to accept the appeal filed by the losing party against the arbitration result. But only review the arbitration procedure, not the arbitration result.

5. Burden of arbitration fees

Usually, the provisions are borne by the losing party, and some provisions are decided by the arbitration tribunal. Even if the cost burden is not stipulated, the arbitral tribunal will make a ruling on this.

If you can give detailed information, you can give more detailed answers.

What are the terms of the contract? Eight clauses: name and domicile of the parties, subject matter, quantity, quality, price or remuneration, time limit, place and method of performance, liability for breach of contract and method of dispute settlement. Generally speaking, the first three clauses are necessary. If other clauses are missing, the law clearly stipulates the way to correct them.

Generally speaking, the overflow clause is like this, unless the contract stipulates that no payment is required.

Upstairs Suixi, letter of credit transactions, in the implementation of the letter of credit, he has no qualification to refuse, you are doing business with the bank.

Compliance with the terms of the letter of credit depends on whether there is a limit on the number of shipments in batches (regardless of the contract), such as * * tons per batch. If yes, if you don't comply, it will be a discrepancy, and the buyer can refuse to accept your documents on this basis to achieve the purpose of receiving goods.

I have the impression that the letter of credit is shipped in batches. If the seller can't meet the requirements, the buyer can refuse to accept all the goods after this batch.

What is the overflow clause? What is the main content? The term "over-loading or under-loading" refers to the fact in the transaction of bulk goods such as ore, fertilizer, grain and sugar. Due to factors such as commodity characteristics, supply changes, cabin capacity, loading technology and packaging, it is sometimes difficult to deliver the goods accurately according to the agreed quantity. In order to avoid the legal liability caused by the actual delivery shortage or exceeding the contract provisions, and facilitate the performance of the contract, it is usually stipulated in the contract that for some commodities whose quantity is difficult to be strictly limited, the allowed delivery quantity has a certain range of flexibility. This kind of clause is generally called the overflow clause. It generally includes the choice of maneuver range and pricing method.

The increase or decrease clause is a common way to express the flexibility of goods quantity. In order to make the delivered quantity have a certain range of flexibility and facilitate the performance of the contract, the buyer and the seller can reasonably stipulate the range of quantity mobility in the contract. As long as the quantity delivered by the seller is within the agreed increase or decrease range, even if the quantity is delivered according to the contract, the buyer shall not refuse to receive the goods or lodge a claim on the grounds that the delivered quantity does not match.

① Overflow percentage

The range of quantity maneuver is usually expressed as a percentage, and whether this percentage is appropriate depends on factors such as commodity characteristics, industry or trade habits, and mode of transportation.

② Selection of overflow parts

Who will exercise the right to choose the scope of maneuver in the case of the scope of maneuver stipulated in the contract? Generally speaking, it is the party who performs the delivery, that is, the seller chooses. However, if maritime transport is involved, the delivery quantity is closely related to the cabin capacity of the ship carrying the goods, so it must be agreed with the ship when chartering. Therefore, in this case, the scope of delivery maneuver is generally selected by the party responsible for arranging the ship, or simply selected by the captain according to the cabin capacity and loading situation. In a word, the option of control scope can be exercised by the buyer, the seller or the ship according to different situations.

(3) The pricing method of surplus parts.

The usual practice is to settle the multi-packaged or less-packaged parts that exceed or fall below the contract quantity at the contract price. However, under certain conditions, the overflow and shortage of quantity are related to the interests of buyers and sellers.