题目内容
（请给出正确答案）
The seller should lodge any claim for this consignment against the sellers( ) 30 days( ) arrival of the goods.
A．within, in B．within, after
C．after, in D．after, on
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An intemational trade deal can involve up to four contracts and the importer must have a broad understanding of each of them. The four contracts are the contract of carriage , the export sales contract , the insurance contract and the contract of finance. There are three main areas of uncertainty as to which country's law will be applicable to their contracts; the difficulty emerging from inadequate and unreliable information; and the serious problem of the diversity of interpretation of th e various trade terms. The latter point can involve costly litigation and loss of much goodwill when a dispute over the interpretation of such terms arises.
The role of Incoterms 1990 is to give the business person a set of international rules for the interpretation of the more commonly used terms such as FOB, CIF and EXW in foreign trade contracts. Such a range of terms enables the businessperson to decide which is the most suitable for their needs , knowing that the interpretation of terms will not vary by individual country.
It must be recognized, however, that it is not always possible to give a precise interpretation. In such situations one musL rely on the custom of the trade or port. Businesspersons are advised to use terms that are subject to varying interpretations as little as possible and to rely on the well-established and intemationally accepted terms. To avoid any-misunderstandings or disputes, the parties to the contract are well advised to keep trading customs of individual countries in mind when negotiating their export sales contract. However,parties to the contract may use Incoterms as the general basis of their contract , but may specify variations of them or additions to them relevant to the particular trade or circumstances. An example is the CIF plus war risk insurance. The seller would base his quotation accordingly. Special provisions in the individual contract between the parties willoverride[1] anything in the Incoterm provisions.
A point to bear especially in mind is the need for caution in the variation, for example, of CFR,CIF or DDP. The addition of a word or letter could change the contract and its interpretation. It is essential that any such variation be explicitly stated in the contract to ensure each party to the contract to be aware of its obligations and act accordingly.
The buyer and seller parties Lo the contract must especially bear in mind that Incoterms only defines their relationship in contract terms, andhas no bearin directly or indirectly on[2] the carriers' obligations to them as found in the contract of carriage. However,the law of carriage will determine how the seller should fulfil his obligation to deliver the goods to the carrier on board the vessel as found in FOB, CFR and CIF. A further point to bear in mind by the seller and buyer is that there is no obligation for the seller to procure an msurance policy for the buyer's benefit. However, in practice, many contracts request the buyer or seller to arrange insurance from the point of departure in the country of dispatch to the point of final destination chosen by the buyer.
Incoterms 1990 can be divided into recommended usage by modes of transport as under all modes (i. e. combined transport) , EXW, FCA, CPT, CIP, DAF, DDP, DDU; conventional port/sea transport only FAS, FOB, CFR, CIF, DES, DEQ. Incoterms 1990 reflects the changes and development of international distribution during the past decade, especially the development of combined transportation and associated documentation together with electronic data interchange.
[1]比……重要
[2]与……没有直接或间接关系
Questions for reading :
A、Thesellertoguaranteeitsbalancesheet卖方保证其资产负债表
B、Thesellertostopsolicitingotherbuyers卖方停止招揽其他买家
C、Thesellershouldrestrictmajorcapitalexpenses卖方应限制主要资本支出
Where is my pen？ I ______ it.
A. might lose
B. would have lost
C. should have lost
D. must have lost
Which of the following elements should be recognised in the financial statements of an entity in the manner described？
A.As a non-current liability: a provision for possible hurricane damage to property for a company located in an area which experiences a high incidence of hurricanes
B.In equity: irredeemable preference shares
C.As a trade receivable: an amount of $10,000 due from a customer which has been sold (factored) to a finance company with no recourse to the seller
D.In revenue: the whole of the proceeds from the sale of an item of manufactured plant which has to be maintained by the seller for three years as part of the sale agreement
If one were to ask a group of randomly selected individuals to define "price", many would reply that price is an amount of money paid by the buyer to the seller of a product or service or, in other words, that price is the money value of a product or service as agreed upon in a market transaction. This definition is, of course, valid as far as it goes. For a complete understanding of a price in any particular transaction, much more than the amount of money involved must be known. Both the buyer and the seller should be familiar with not only the money amount, but with the amount and quality of the product or service to be exchanged, the time and place at which the exchange will take place and payment will be made, the form. of money to be used, the credit terms and discounts that apply to the transaction, guarantees on the product or service, delivery terms, return privileges, and other factors. In other words, both buyer and seller should be fully aware of all the factors that comprise the total "package" being exchanged for the. asked-for amount of money in order that they may evaluate a given price.
What is the best title for the passage？
A．The Inherent Weaknesses of the Price System
B．The Complexities of the Price System
C．Credit Terms in Transactions
D．Resource Allocation and the Public Sector
When a consumer finds that an item she or he bought is faulty or in some way does not live up to the manufacturer's claim for it, the first step is to present the warranty, or any other records which might help at the store of purchase. In most cases, this action will produce results. However, if it does not there are various means the consumer may use to gain satisfaction.
A simple and common method used by many consumers is to complain directly to the store manager. In general, the "higher up" the consumer takes his or her complaint, the faster he or she can expect it to be settled in such a case, it is usually settled in the consumer's favor, assuming, he or she has a just claim.
Consumers should complain in person whenever possible, but if they cannot get to the place of purchase, it is acceptable to phone or write the complaint in a letter.
Complaining is usually most effective when it is done politely but firmly and especially when the consumer can show what is wrong with the item he has bought. If this cannot be done, the consumer will succeed best by presenting specific information as to what is wrong, rather than by making general statements. For example "The left speaker does not work at all and the sound coming out of the right one is unclear" is better than "This stereo does not work".
The store manager may advise the consumer to write to the manufacturer if so, the consumer should do this, stating the complaint as politely and as firmly as possible. But if a polite complaint does not achieve the desired result, the consumer can go a step further. She or he can threaten to take the seller to court or report the seller to a private or pubic organization responsible for protecting consumers' rights.
When a consumer finds that his purchase has a fault in it, the first thing he should do is to （）.
A.complain personally to the manager
B.threaten to take the matter to court
C.write a firm letter of complaint to the store of purchase
D.show their written proof of the purchase to the store
A simple and common method used by many consumers is to complain directly to the store manager. In general, the "higher up" the consumer takes his or her complaint, the faster he or she can expect it to be settled. In such a case, it is usually settled in the consumer's favor, assuming he or she has a just claim.
Consumers should complain in person whenever possible, but if they cannot get to the place of purchase, it is acceptable to phone or write the complaint in a letter.
Complaining is usually most effective when it is done politely but firmly, and especially when the consumer can demonstrate what is wrong with the item in question. If this cannot be done, the consumer will succeed best by presenting specific information as to what is wrong, rather than by making general statements. For example, "The left speaker does not work at all and the sound coming out of the right one is unclear" is better than "This stereo (立体声音响) does not work."
The store manager may advise the consumer to write to the manufacturer. If so, the consumer should do this, stating the complaint as politely and as firmly as possible. But if a polite complaint does not achieve the desired result, the consumer can go a step further. She or he can threaten to take the seller to court or report the seller to a private or public organization responsible for protecting consumers' rights.
When a consumer finds that his purchase has a fault in it, the first thing he should do is to ______.
A．complain personally to the manager
B．threaten to take the matter to court
C．write a firm letter of complaint to the store of purchase
D．show some written proof of the purchase to the store
A futures market is basically an organized forum for the trading of futures contracts under highly standardized terms. The basic elements that form this market are discussed below :
Future Exchange[1]
Future exchanges have existed in many countries since the mid-nineteenth century. Today, many futures exchanges all over the world are active in trading futures contracts on vanous commodities and financial instruments, such as stock index futures, agricultural commodities futures, metal futures, energy futures. A futures exchange is usually a membership organization whose purpose is to facilitate the trading of futures contracts. It provides the physical facilities and organizational framework make possible the execution and processing of futures transactions.
Every futures exchange may have its own unique structure. But usually, there is a board of directors , elected by exchange members. The rules, regulations and policies set by the board are implemented by an executive committee, control committee, and new products committee, etc.
Each exchange has a fixed number of memberships. Once all the authorized memberships have been sold, prospective new members must purchase a membership from a current member. Only exchange members must enjoy the privileges: access to the trading area and reduce transaction costs. Non-membership must trade by entering orders through members.
The general responsibilities of a futures exchange include providing:
·An adequate physical location for the trading areas in which members execute transactions ;
·Communications capabilities between the exchange floor and the outside world;
·Procedures that ensure the swift and accurate processing of transactions that take place on the trading floor;
·Effective margining and clearing systems to requirements guarantee the financial integrity of the exchange's contracts ;
·Rules and regulations that meet the requirements of regulatory authorities and that ensure the fair treatment of all market participants;
·Viable futures contracts.
Broker
Broker is an agent as a person or a firm that deals with the futures buying and selling in the futures market for and on the behalf of the customers. The broker must be the member of the futures exchange, if not, he cannot enter the floor for such dealings. The non-membership enterprises or persons that have such dealing desires and needs cannot enter the floor for the transaction either, except that they authorize the qualified broker to enter into a futures contract for them. The broker's remuneration consists of a brokerage, usually calculated as a percentage of the sum involved in the contract but sometimes fixed by a tariff. Brokers are used because they have specialized knowledge of certain markets.
The Clearing House[2]
Clearing house is a centralized system for settling indebtedness between members. Every futures exchange has a clearing house, in which sales and purchases are registered with the clearing house for settlement at the end of the accounting period. The structure of a clearing house varies from exchange to exchange. A clearing house may be a distinct entity with its own staffs and boards that do not overlap with its related exchange. For instance, the London International Financial Futures and Options uses the London Clearing House. Some clearing houses are part of the exchanges. For example, the clearing entity is a department within Chicago Mercantile Exchange and New York Mercantile Exchange.
Membership in a clearing house is available only to members of the related exchange and only to those who can meet strict financial requirements. These stringent financial requirements are necessary because it is the collective strength of the clearing house members that ultimately guarantees the financial integrity of all the trades carried out on the affiliated exchange. A member of exchange may transact business on the floor of that exchange for himself and for others. However, if the exchange member is not a member of the clearing house, all transactions must be cleared through a clearing member by paying certain fee. That is to say, the non-clearing member maintains an account with the clearing member and all trades of non-clearing member are held in that account. The clearing member should be responsible for the performance of these trades. The clearing house interposes itself between the buyer and the seller: the buyer has a contract with the clearing house and not directly with the seller, and the seller now has a contract with the clearing house and not with the buyer. The clearing house is not only the buyer of all the contracts, but also the seller of all the contracts. In consequence, futures traders do not need to worry about the credit risk of the other party with whom they are dealing. This greatly simplifies the administration of futures contracts, as every contract is with the clearing house. It also has the major benefit of standardizing and reducing the default risk of a futures contract.
The function of the clearing house is realized only by the guarantee of the margin system. Futures margin is a faith deposit regulated by the clearing house. It is intended to protect the seller against the buyer's default if prices fall and the buyer against the seller's default if prices rise.
Two kinds of margin are commonly used by clearing houses:
·Original Margin or Initial Margin.[3] Original margin is the deposit that must be made when a futures position is initiated. It generally ranged from about 2o-/o to lOu/o of the value of the futures contract.
·Variation Margin or Call Margin.[4] To minimize the losses from any default, changes in the price of futures contracts are settled on a daily basis. This is called marking to the market. Each day, at the close of trading, the change in price of a futures contract during that day is calculated. If the price changes should be adverse to the trader's position, then his original margin will be reduced. A1l exchanges require that once a trader's original margin is reduced to a certain level, known as the maintenance margin, additional funds must be paid to the clearing house to keep his original margin at the normal level. This payment is called variation margin.
Participants
According to their location, participants can be divided into those who trade on the floor of the exchange and those who do not. Floor traders can be f'urther divided into those who trade on their own account and those who trade on behalf of others. In the United States, brokers are also called futures commission merchants or FCMs. Some brokers may also trade for their own accounts. According to their motive for futures trading, participants may be split into two kinds: those who use futures market to reduce his exposure to price changes and those who attempts to profit by correctly anticipating price movements and trading accordingly.
[1]期货交易所
[2]清算所
[3]初始保证金
[4]追加保证金
Questions for reading :
