Shantou international freight forwarding consulting recruitment information

1. Shantou People's Court ruled: In EXW trade terms, the concept of delivery means that delivery is completed when the seller hands over the goods to the buyer at his place or other designated place (such as factory, workshop or warehouse). In this case, Company B has delivered the goods to Company A at the designated place, and Company A has also completed the payment to Company B. From the legal point of view, the consideration has been paid and both parties have completed the payment delivery. When Party A proposes to temporarily store the goods in Factory C, it actually entrusts Factory C to keep the goods, and its behavior has nothing to do with Party B. Company B has fulfilled its delivery obligation and should not refund the purchase price.

2. The ruling of the arbitration institution is as follows: In this case, 2,000 tons of wheat ordered by the buyer were mixed with another 3,000 tons, and there is no evidence to prove that the seller designated goods belonging to different buyers. This led to the seller's later claim that the buyer's 2000 tons of wheat was completely lost. According to the legal provisions that the risk of goods does not transfer before specialization, the arbitration tribunal holds that the risk of 2000 tons of wheat has not transferred, and the seller should bear all the responsibilities for this loss.

(1), the prerequisite for the transfer of goods risk from the seller to the buyer. According to the law, the risk does not pass before the goods are designated.

I beg to differ on this point. I think the specialization of goods is very important under any trade conditions, such as this case.

4. Specialization of goods refers to the act of clearly indicating that the goods belong to the relevant contract by concluding a contract, marking the goods, submitting documents, sending a notice to the buyer or other means.