制造风险- Manufacturing risk
As long as a seller is dealing in manufactured goods, there will be a production process and various associated risks involved. Much investment is required before these goods are ready for sale and delivery.
All manufactured goods require investment. For example, a machine may need to be
conditioned for a particular customer or goods may need specific packing or labelling. If, for any reason, the buyer cancels the contract during that process, the investment made will be lost. The size of the loss will depend on that of the investment made or on the likelihood that the goods can be sold to another party.
减少风险的方法-POSSIBLE MITIGATION METHODS
The following methods are possible:
•处罚条款 – 一些卖家能够在合同中加入处罚条款。但它们是可执行的吗?这将取决于法律和监管环境。
Penalty clauses – some sellers are able to incorporate penalty clauses in their contracts. But are they enforceable? This will depend on the legal and regulatory environment.
•不可撤销性 – 跟单信用证是不可撤销的。因此,未经卖方同意,不能修改或取消。如果买方想要取消合同,他们可能也想取消跟单信用证。卖方可能不同意买方的取消或修改请求。如果发生这种情况,他们将运送货物并出示原始信用证中指定的单据。然后,买方将有义务付款并取货。
Irrevocability – a documentary credit is irrevocable. Therefore, it cannot be amended or cancelled without the seller’s agreement. If the buyer wants to cancel the contract, they may want to cancel the documentary credit as well. The seller may not agree to a cancellation or amendment request from the buyer. If this happens, they will ship the goods and present the documents as specified in the original version of the credit. The buyer will then be obliged to pay and take up the goods.
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