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周律师:您好!000吨至南美南方某进出口公司(卖方)出售一级大米10,船时货物经公某国贸易公司(买方),合同按FOB术语成交,装及时向证机构检验,符合合同规定的品质条件,卖方在装船后买方发出装船通知。但是,在运输途中由于遭遇恶劣气候海浪目响泡,品质受到影。当货物到达的过大,致使大米被海水漫求售,因而买方要卖方赔偿差港后,只能按三级大米的价格出价损失。问题:负1、卖方是否应对该项损失责,为什么?方易术语成交,卖是否应对该项2、如以CFR或者CIF贸损失负责,为什么?主3、买方的损失可以向谁张索赔?
Mr. Zhou: Hi, 000 tons to South America, an import and export company (seller) to sell a rice 10, the ship when the goods by a country trading company (buyer), the contract by the FOB terms of the transaction, installed in time to the certification body inspection, in line with The contractual quality conditions, the seller after shipment the buyer issued a shipment notice. However, the quality of the transport was affected by the waves in the harsh weather during transport. When the arrival of goods is too large, resulting in rice for sale by the sea diffuse, so the buyer to the seller to compensate for poor port, the price of rice can only be third-bid loss. Question: Negative 1, the seller should deal with the loss of responsibility, why? Fang Yi terms transactions, the sale is to deal with the 2, such as CFR or CIF trade is responsible for the loss, why? Lord 3, the buyer’s loss to whom Zhang claims?