1、國際貿易實務名詞解釋1 海上風險： Perils of the seaPerils refers to risks which occur at sea, or at the place where the ocean and land, or the ocean and the inland river, or the ocean and the lighter are connected. The ordinary actions of the winds and waves are not included. Perils of the sea usually include Natur

2、al Calamities and Accidents.2 外來風險： Extraneous RisksIt means the perils caused by other reasons except marine perils. It falls into types: General extraneous risks and Special extraneous risks.3 施救費用： Sue& Labor ExpenseIt refers to the responsibility of the assured to act to keep his insured los

3、s at a minimum. When the insured cargo suffers natural calamities or fortuitous accidents within the scope of insurance cover, the insured or his agent or any employees pays the expenses caused in saving the insured cargo in order to prevent the losses from further expanding. These charges shall be

4、covered by the insurer.4 救助費用： Salvage ChargesIt refers to compensation paid for the rescue of a ship, its cargo or passengers from a loss at sea. When the insured cargo suffers a natural calamity or an accident within the scope of insurance cover, the third party who has no contracted relations wit

5、h the insured and the insurer salvages the cargo successfully. According to the relative laws, existing in the world, the insurer shall pay to the salver. The principle of “no cure-no pay ”is often adopted.5 實際全損： Actual Total LossIt means that the insured goods are totally suffered from loss or det

6、eriorated, or the goods cannot be restored after being damaged. It may also refer to the fact that the title of goods cannot be owned by the insurant or the vessel has missed for quite a long time (half year for example) and with no information.6 推定全損： Constructive Total LossIt is an insurance loss

7、where the expense of recovering or repairing the insured goods would exceed their value after this expenditure had been incurred.7 單獨海損： Particular AverageIt means that a particular cargo is damaged by any cause and the degree of damage does not reach a total loss, which shall be borne by the owner

8、of this individual consignment. It always refers to any other accidents except General Average, i. e. the partial loss caused directly by perils.8 共同海損： General AverageIt refers to the loss which is the result of a sacrifice voluntarily made or an expense incurred; for the sole purpose of saving a s

9、hip and its cargo in face of a common danger (e. g. jettison of cargo to lighten a ship in distress). If the action taken is successful, each party to the adventureallcargo owners and the vessel ownerbear the loss and expenses incurred based on the value ofeach shipment in proportion to the total va

10、lue of cargo and vessel. The cargo owners whose goods are safe and sound or uninsured in the marine perils must also contribute to pay for the loss and expenses.9 平安險： Free from Particular AverageThis is a very limited cover confining the insurer 's liability, strictly speaking, to only total lo

11、ss of the insured cargo except where the carrying vessel or craft is grounded, sunk or burnt, and only in such latter cases will partial loss of or damage to the cargo be answerable.10 水漬險： With (Particular ) AverageIt covers partial loss due to vile weather, lightning, tsunami, earthquake and/ or f

12、lood as well as the risks covered under Free from Particular Average condition as mentioned above.11 一切險： All RisksAll risks provide additional coverage besides the cover under Free from Particular Average and With (Particular) Average conditions. Contrary to its name, the clause dose not protect ag

13、ainst all risks. The more common perils it does cover are theft, pilferage, non-delivery, fresh water damage, contamination, breakage, and leakage. Inherent vice, loss of market, and losses caused by delay are not covered.12 背對背信用證： Back-to-back Letter of CreditThis is a letter of credit in the sell

14、er 's (middleman 's) favor which is offered to a bank as security for it issuing a different letter of credit in the seller 'sown name to another person.13 可轉讓信用證： Transferable Letter of CreditA transferable letter of credit is one in which the beneficiary has the right to request the pa

15、ying, or negotiating bank to make either part, or all, of the credit value available to one or more third parties. This type of credit is useful for those acting as middlemen especially where there is a need to finance purchases from third party suppliers.14 循環信用證： Revolving Letter of CreditThe Revo

16、lving letter of credit is used for regular shipments of the same commodity to the same buyer. It can revolve in relation to time or value. If the credit is time revolving once utilized, it is reinstated for further regular shipments until the credit is fully drawn. If the credit revolves in relation

17、 to value once utilized and paid, the value can be reinstated for further drawing. The credit must state that it is a revolving letter of credit and it mayrevolve either automatically or subjectto certain provisions. Revolving letter of credit are useful to avoid the need for repetitious arrangement

18、s for opening or amending letters of credit.15 議付信用證： Negotiation CreditA negotiating credit is opened by the issuing bank in the currency of its own country and addressed direct to the beneficiary. The letter is usually delivered to the addressee through the intermediary of correspondent bank.16 對開

19、信用證： Reciprocal CreditThis type of credit applies to barter transaction or compensation trade. Both the seller and the buyer open letters of credit in favor of each other. And the two credit s must be valid simultaneously. The applicant and beneficiary of one credit are usually the beneficiary and a

20、pplicant of another credit. The opening bank is usually the advising bank of another credit.17 保兌信用證： Confirmed Documentary CreditConfirmed letters of credit carry the commitment to pay of both the issuing and the advising banks. The advising banks adds its undertaking to pay to that of the issuing

21、bank, and its commitment is independent of that of the issuing bank. Therefore, when documents conforming to the requirements of the confirmed documentary credit are presented in a timely manner, the payment from the advising to the seller is final in all respect as far as seller is concerned.18 備用信

22、用證： Standby Letters of CreditIt is a letter of credit which a bank issues on behalf of its customer to serve as a guarantee to the beneficiary of the letter of credit that the bank's customer will perform a specified contract withthe beneficiary. If the customer defaults, the beneficiary may dra

23、w funds against the letter of credit ad penalties or as payments, whichever the terms of the credit provide.19 銀行保函： Bank er s'Letter of GuaranteeA letter of Guarantee is an undertaking made by the guarantor bank to pay the beneficiary unconditionally according to the Letter of Guarantee provide

24、d the applicant cannot or not pay.20 D/P at sight： 即期付款交單（托收）After shipment of the goods, the seller shall draw a sight bill of exchange, and send it with shipping documents to a local bank, through which and whose correspondent bank the documentary draft is presented to the buyer. The buyer shall p

25、ay against the documentary draft drawn by the seller at sight. It requires immediate payment by the buyer to get hold of the documents.21 D/P after sight ：遠期付款交單（托收）After shipment of the goods, the seller shall draw a usance bill of exchange and send it wih shipping documents to a local bank, throug

26、h which and whose correspondent bank the documentary draft is presented to the importer. The buyer shall accept the usance draft, and make payment on the due date of the usance bill.22 D/P T/R :憑借信托收據付款（托收）In this case, the principle instructs the collecting bank to release full set of documents aga

27、inst trust receipt to the payer. Once the payer does not make payment, the principal bears all the risks. Thus it is almost the same risky as D/A.23 D/A :承兌交單（托收）D/A calls for delivery of documents against acceptance of the draft drawn by the seller. D/A is always after sight. In D/A terms the colle

28、cting bank is permitted to release the documents to the buyer against acceptance of a bill of exchange promising to pay at a later date （usually 30, 60 or90 days). The full set of draft is held by the collecting bank and presented to the buyer for payment at maturity, after which the collecting bank

29、 sends the funds to the remitting bank, which in turn sends them to the principal.24 T/T ：電匯 Telegraphic Transfer Telegraphic transfer is also named as cable transfer or wire transfer.25 M/T ：信匯 Mail TransferThe buyer gives money to a local bank which sends a trust deed for payment to its correspond

30、ent bank at the seller's end by mail and entrusts it with the task to pay money to the seller.26 D/D ：票匯 Demand DraftThe buyer buys a draft from a local bank sends it by mail to the seller, the seller or his appointed person can collect money from the relative bank at his end against the draft s

31、ent by the buyer. Demand draft is often used when the customer wants to transfer the funds to his beneficiary by himself.27 L/G ：銀行保函 Letter of GuaranteeA letter of Guarantee is an undertaking made by the guarantor bank to pay the beneficiary unconditionally according to the Letter of Guarantee prov

32、ided the applicant cannot or not pay.28 清潔提單： Clean B/LThis is a B/L which bears no superimposed clause or natation which declares a defective condition of the goods and/or the packaging.29 已裝船提單： On Board B/L or Shipped B/LIt is a B/L acknowledging that the relative goods have been received on boar

33、d for shipment on a specified vessel.30 全式提單 : ：Long Form B/LThis refers to a B/L form with all terms and conditions written on it. Most B/L'sare in short termforms which incorporate the long form clauses by reference.31 簡式提單： Short Form B/LIt is a B/L without the terms and conditions written on

34、 it. The terms are incorporated by reference to the long form B/L.32 倒簽提單： Ante-dated Bill of LadingWhen the actual loading date is later than the date of shipment prescribed by the L/C, in order to avoid non-acceptance of the B/L by banks, the carrier, at the request of the shipper, sometimes will

35、issue a B/L with a date of signature that suits the requirement of the L/C. The B/L thus signed is an ante-dated B/L.33 預借提單： Advanced Bill of LadingAn advanced B/L is issued at the request of the shipper before the commencement of the actual loading operation. When the expiry date of the L/C is due

36、 and the seller has failed to get the goods ready for shipment, he will ask the carrier to issue an advanced B/L in order to negotiate payment at the bank before the credit expires.34 直達提單： Direct B/LIt is issued by the carrier or his agent to the shipper when the goods are to be transported from th

37、e port of loading direct to the port of destination. Buyers usually prefer to such B/Ls because transshipment increases the chance of cargo damage and loss. Sometimes an L/C prohibits transshipment of goods.35 轉船提單： Transshipment B/LIt is issued when there is no direct service between two ports, but

38、 when the ship owner is prepared to transship the goods at an intermediate port at the expense of his own. The intermediate port must be shown in the B/L.36 聯運提單： Through B/LThis B/L covering a shipment of goods by more than one mode of transportation. The first carrier collects the freight for the

39、whole voyage and is responsible for arranging transshipment and forwarding of the goods at ports other than the port of destination. This arrangement is advantageous to the shipper since otherwise he has to deal with the other individual carriers by himself.37 有條件的接受： Modified AcceptanceA reply to a

40、n offer which purports to be an acceptance but contains additions, limitations or other modifications is a rejection of the offer and constitutes a counter-offer. However , a reply to an offer which purports to be an acceptance but contains additional or different terms which do not materially alter

41、 the terms of the offer constitutes an acceptance, unless the offeror, without undue delay, objects to the discrepancy.38 發盤： OfferAn offer is a promise conditioned on acceptance which, no matter whether from a seller or a buyer, must be communicated to the offeree and must clearly undertake a perfo

42、rmance definite as to all essential terms.39 還盤： Counter OfferCounter offer is reply to an offer in which contains additions, limitations or other modifications. Counter offer is a rejection of the offer and therefore constitutes a new offer.40 接受： AcceptanceAcceptance is a final and unqualified exp

43、ression of assent to the terms of an offer. Acceptance results in the formation of a contract: both parties are bound and neither can withdraw from the bargain without incurring liability to the order.41 逾期接受： Late AcceptanceThe acceptance notice that does not reach the offeror within the time of va

44、lidity iscalled a lateacceptance. Late acceptance is generally considered invalid. But under two conditions, the late acceptance remains effective: one condition is when the offeror regards it as valid, another is when the late acceptance is caused by transmitting delay not by sending delay.42 投遞原則：

45、 Dispatch TheoryIn the absence of specific instruction to the contrary by the offeror, a person may mail an acceptance to the offeror and the contract is said to be perfected when the acceptor places this acceptance in the mail box for return mail even if, in fact, it never reaches the offeror. This

46、 is known as the “postal rule ”(“Mailbox Rule ”), i.e. the dispatch theory.43 到達原則： Receipt TheoryThe CISG states that an acceptance is not effective until it reaches the offeror.44 指示性抬頭： To orderSuch as “pay to the order of ABC Co. Ltd. ”Such a bill of exchange can be negotiate or transferred to another party after endorsement by the payee or the amount may be collected by the payee himself.45 記名抬頭： Restrictive payeeSuch as ”pay ABC Co. Ltd. only ”. Such a bill of exchange cannot be negotiated or transferred to another party by endorsement a