问题 问答题 论述题

我方按CIF条件进口一批床单,货物抵达我方后发现床单在运输途中部分受潮,而卖方已如期向我方提交了合同规定的全套合格单据并要求我方支付货款。问我方能否以所交货物受潮而拒付货款或向卖方提出索赔?

答案

参考答案:

我方不能因床单受潮而拒付货款,也不能向卖方提出索赔。理由如下:

(1)采用CIF术语成交时,属于象征性交货,卖方是凭单交货买方是凭单付款,只要卖方如期向买方提交了合同规定的全套合格单据,即使货物在运输途中损坏或灭失,买方也必须履行付款义务。反之,如果卖方提交的单据不符合要求,即使货物完好无损地运达目的地,买方仍有权拒付货款。就此案例而言,卖方提交了全套合格单据,我方应支付货款。

(2)在CIF条件下,买卖双方风险转移界限以船舷为界。货物越过船舷后的风险应由买方负担。就本案例可以看出,货物越过船舷之前是完好的,因此卖方不承担风险。我方据此不能向卖方提出索赔,可依照所投险别向保险公司提出索赔。

完形填空

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To Build a Bridge

The Brooklyn Bridge that spans the river tying Manhattan Island to Brooklyn is truly a miracle(奇迹) bridge. 小题1:____ However, bridge­building experts throughout the world told him to forget it; it could not be done.

Roebling convinced his son, Washington, who was a young up-and-coming engineer, that the bridge could be built. 小题2:_______ With excitement and inspiration, they hired their crew and began to build their dream bridge.

The project was only a few months under construction when a tragic accident on the site took the life of John Roebling and severely injured his son, Washington. 小题3:_____ Everyone felt that the project would have to be stopped since the Roeblings were the only ones who knew how the bridge could be built.

小题4:_______ And he still had a burning desire to complete the bridge. An idea hit him as he lay in his hospital bed, and he developed a code for communication.小题5:___ So he touched the arm of his wife with that finger, tapping out the code to communicate to her what to tell the engineers who were building the bridge. For thirteen years, Washington tapped out his instructions with his finger until the spectacular Brooklyn Bridge was finally completed.

A.Even though Washington was unable to move or talk, his mind was as sharp as ever.

B.In 1863, a creative engineer named John Roebling was inspired by an idea for this spectacular bridge.

C.A promising engineer was hired to build the difficult bridge which is unbelievable.

D.The two of them developed the concepts of how it could be accomplished and how the obstacles could be overcome.E.Hard as it is, Roebling got through all difficulties to complete the bridge.

F.Washington was left with permanent brain damage and was unable to talk or walk.

G.All he could move was one finger.

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