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东英吉利大学法学课程作业要求UNIVERSITY OF EAST ANGLIA :COURSEWORK TITLE

Assignment:作业任务
 

On July 1, 2011, Epsilon Ltd. in London agreed to sell to Nada Import Co (NIC) in Egypt 10,000 metric tons of US organic grade A soyabean ‘fair average quality of the season’, on CIF terms. Shipment was to be made during the month of November 2011 and payment of £300 per metric ton was to be made at sight by confirmed irrevocable letter of credit. Nothing further was stated in the contract of sale as to the documents required but the contract specified that quality issues would be addressed by reduction in price and would not entitle the buyer to terminate the contract.2011年7月1日在伦敦,ε有限公司同意出售给纳达进出口有限公司(NIC)在埃及10,000吨美国有机级ấ大豆的公平赛季的平均质量,在CIF条款。运费是在2011年11月,支付每公吨300英镑的即期信用证保兑的,不可撤销的信用证。留学生法学作业没有进一步指出,在销售合同所需的文件,但合同规定的质量问题将通过降低价格和买方有权终止合同。

On October 29, 2011, Epsilon was notified by Mega Bank, London, that a letter of credit had been opened on the account of the State Bank of Egypt in Cairo and this had been confirmed by Mega Bank. The notification stated that the Uniform Customs and Practice on Documentary Credits applied and that the credit was available at the counters of Mega Bank until December 10, 2011, and that Mega Bank would pay at sight after acceptance by them of the following documents, to be delivered within 15 days of shipment:2011年10月29日,Epsilon的通知兆丰国际商业银行,伦敦,信用证已开在开罗的埃及国家银行的账户上,这已被证实由兆丰国际商业银行。通知说,对跟单信用证统一惯例及信用兆丰国际商业银行的柜台,直到2011年12月10号,和,兆丰国际商业银行将支付下列文件接受他们的视线后,要交付装运后15天之内:

Signed invoice (in triplicate) for 10,000 tonnes US organic grade A mixed soyabean at £300 PMT, CIF Alexandria/Abu Qir, Egypt indicating contract no. 091CDINT807Y;已签署的发票(一式三份)为10,000吨美国有机在300英镑PMT,CIF亚历山大/ ABU QIR,埃及注明合同没有A级混合大豆。
A full set of clean on board bills of lading stamped freight paid evidencing shipment during the month of November 2011 to port Alexandria/Abu Qir, Egypt;全套清洁的对提单加盖运费,董事会票据的支付证明装运端口,埃及亚历山大/ ABU QIR 2011年11月期间
A certificate of quality attesting that the goods were ‘fair average quality of the season’ signed by experts from the Nebraska Soyabean Council;
A certificate of United States origin;
An insurance certificate for 115% of the contract price;
Goods must be shipped in export standard packing/container.

Epsilon is unhappy with the letter of credit as advised, not least because there has recently been some press speculation regarding the financial stability of the State Bank of Egypt.  It is considering repudiating the contact of sale with NIC and has asked you for advice as to whether it is justified in doing so and, if so, what damages Epsilon could claim against NIC.  Also advise Epsilon what the consequences will be if it decides to accept the credit as advised in terms of performance both under the letter of credit and under the sales contract.



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