In principle, the contract cannot be cancelled. This case involves the consequences of force majeure. Generally speaking, there are two consequences of force majeure, one is to terminate the contract, and the other is to postpone the performance of the contract. When to terminate the contract and when to perform it depends on the cause, nature and scale of the accident and its impact on the performance of the contract. In this case, although the fire was unpredictable by the parties concerned and should fall within the scope of force majeure, we asked the other party to postpone the performance of the contract because the other party still has two factories that can produce the products under the contract.
2. A company in our country signed a CIF export contract with foreign businessmen, and our company handled insurance in China People's Insurance Company. After the goods are sent out, the bank negotiates to pay for the goods, but after the goods arrive at the destination port, they are found to be seriously damaged, and the insurance does not include damage insurance (because the buyer has not made it clear). The buyer asked our company to go to the insurance company to handle the claim. Q: Should we deal with it?
The buyer's request is unreasonable. This case involves the nature of CIF contract. According to the 2000 General Rules, CIF is a symbolic delivery term, that is, as long as the seller delivers the correct and complete documents stipulated in the contract or letter of credit, even if the delivery obligation is completed, there is no need to guarantee the arrival of the goods, so it is not CIF. Although ②CIF is insured by the seller, the insured amount and risk must be agreed in advance. If there is no agreement, it can only be handled in accordance with international practice, that is, F. P.A. insurance at FOB price × (1+ 10%). Under CIF terms, the seller's insurance is only an agent, and the claim is handled by the buyer. If the buyer asks the seller to handle the claim on his behalf, the responsibilities and expenses shall be borne by the buyer. In this case, the buyer is obviously passing the buck. Therefore, we can't agree to each other's demands.
3. On June 5438+065438+ 10 of a certain year, a foreign trade company in China signed a contract with a foreign merchant to export 5000 metric tons of steel, and the price terms were CIF Vancouver. Payment will be made by irrevocable letter of credit at sight. We booked shipping space and insurance according to the contract, paid relevant fees, obtained a full set of qualified documents, and paid the payment at the negotiating bank. Unexpectedly, all the goods were lost in the tsunami during the voyage. Foreign businessmen refused to pay the ransom on the grounds that the goods were lost. What should we do?
This is an uncomplicated case. In CIF terms, the risk division place of the buyer and the seller is the ship's rail at the port of shipment, and the risk after crossing the ship's rail is borne by the buyer. The seller's insurance is only an agent, and the buyer should handle the claim after the accident. In addition, CIF is a symbolic goods, that is, it has a full set of qualified documents, and the buyer shall not refuse to pay for the goods. Also, the letter of credit business belongs to bank credit, and the negotiating bank should bear the responsibility of paying in advance. Handling: We should negotiate the payment with the negotiating bank first, and then the negotiating bank will apply to the paying bank for payment. As long as the whole set of documents is qualified, the paying bank shall not refuse to pay. Secondly, we should explain the truth to the buyer and make serious negotiations. As long as the other party is not unreasonable, we will pay quickly in accordance with international practice. Finally, you can help the buyer claim compensation from the insurance company, but the expenses of the responsible bad guys should be borne by the buyer.