Case study of import and export practice
If it is an exam topic, the answer I can give you is that the nature of the contract in this case is no longer a CIF contract, so it cannot meet the requirements of the other party. Since the (1)CIF contract is a shipping contract, the seller completes the delivery obligation by delivering the goods to the ship at the designated port of destination at the port of shipment stipulated in the contract, and is not responsible for the risk of loss or damage of the goods in transit and the additional expenses incurred after the delivery of the goods. According to the terms of the contract in this case, the seller guarantees that the goods will arrive in Hamburg no later than 65438+February 5, otherwise, the buyer has the right to cancel the contract. This clause has changed the nature of the "contract of shipment". (2)CIF is a symbol of sexual intercourse. The seller delivers the goods against documents, and the buyer pays cash against documents. But the contract in this case stipulates that if the seller has settled the foreign exchange, the seller must return the payment to the buyer. This clause has changed the characteristics of delivery with the seller's certificate. So they can't meet each other's requirements.