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The seller signed the ______, promising to ship the goods before the end of July.A.contact
The seller signed the ______, promising to ship the goods before the end of July.
A.contact
B.treaty
C.contrast
D.contract
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The seller signed the ______, promising to ship the goods before the end of July.
A.contact
B.treaty
C.contrast
D.contract
The chairman signed the document ______ the company.
A.instead of
B.in place of
C.on behalf of
D.in case of
(9)
A.The application form. should only be signed by the customer.
B.The application form. could be signed by a customer or by his authorized agent.
C.The application form. should be signed by the bank.
D.The application form. should only be signed by his authorized agent.
Under the documentary credit, which of the following is false?
A.The buyer's bank will issue a documentary credit.
B.The seller has his bank's undertaking to pay.
C.If the seller presents the correct documents, he will be paid.
D.A bank acts as an intermediary between the buyer and seller and is willing to provide trade.
A.a security signed by the issuer who promises to pay
B.a security issued by the creditor who instructing the debtor to pay
C.a security issued by the bank who promises to pay
D.none of the above
合同数量条款规定,“About 500M/T”或“500M/T 5%more or less at seller's option”。
请问:
Buyer made the advance payment, but Seller did not deliver any goods. Buyer urged Seller to deliver the goods immediately, as its production would be seriously affected by the short supply of the goods. However, Seller declared force majeure as the reason for non-delivery. Seller insisted that it was only a trading company, not a producer of the chemical products. Seller alleged that upon the conclusion of the contract, it entered into a purchase agreement with a producer to buy the goods from the latter. Due to a fire accident, the producer could not supply the goods under the purchase agreement; Seller therefore could not deliver the goods to Buyer. Non-delivery of goods was due to force majeure that caused the failure to supply the goods by the producer to Seller.
Buyer refused to accept Seller’s argument and bought 10,000 kg of the same products for replacement at a price of RMB 220 yuan/kg, resulting in a total extra cost of RMB 200,000 yuan. Meanwhile it filed a lawsuit against Seller in the court, requesting liquidated damages of RMB 400,000 yuan (20% of the total price) and the damages of RMB 200,000 yuan for extra price caused for the urgent purchase.
Required:
Answer the following questions in accordance with the relevant provisions of the Contract Law, and give your reasons for your answer:
(a) state whether Seller’s argument of force majeure can be established; (5 marks)
(b) state whether Buyer’s claims for liquidated damages and damages should be supported by the court. (5 marks)