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payment 支付

时间:2010-05-28 07:07来源:互联网 提供网友:dongdong6132   字体: [ ]
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PAYMENT
     支付

     Introduction

     Payment plays an important role in foreign trade. It is often complicated. The mode of payment for each transaction is to be agreed upon between the two trading parties at the time of placing an order. The most often adopted mode of payment in our foreign trade is Letter of Credit.

     After contract or confirmation is signed by buyers and sellers, the buyers should open a letter of credit, according to the payment clause in the contract, usually one month before the time of shipment.

Ⅰ. Letter of Credit
     信用证

1. Application Form for Documentary Credit
     开立不可撤消跟单信用证申请书

     APPLICATION FOR DOCUMENTARY CREDIT TO: BANK OF CHINA, SHENZHEN BRANCH.

     _____________________________________________
     |Beneficiary(受益人): | Irrevocable Documentary Credit No. |
     | | valid for negotiation in ____ until |
     | | 有效期在____至 |
     | | Amount: |
     | | 金额 |
     |_____________________|______________________|
     |Please issue in favour of the above beneficiary an irrevocable documentary|
     |credit which is available |
     |请开立以上述商号为受益人的不可撤消的跟单信用证,凭他们(受益人) |
     |by their draft(s) at ____ sight for 100% invoice value on you accompanied |
     |by the following documents |
     |出具的,以你行为付款人的100%发票金额的____期汇票,并随附下列注有号码 |
     |maked with numbers: |
     |的单据 |
     | |
     |( ) Signed commercial invoice in ____ copies indicating contract |
     |No. and L/C No. |
     | 经签署之商业发标一式____份,注明合同号码及信用证号码 |
     |( ) Full set of clean on board ocean bills of lading / Forwarding Agents' |
     |Cargo Receipts |
     | 全套洁净已装运的海运提单/运输行所出具的货运收据 |
     | made out to order and blank endorsed marked "Freight ____" notifying: |
     | 作成空白抬头,空白背书注明运费____通知 |
     |( ) Packing list / weight memo in ____ copies showing quantity / gross |
     |and net weight for each package. |
     | 装箱单或重量单一式____份,注明每件货物毛重/净重 |
     |( ) Certificate of quality in ____ copies issued by |
     | 由____出具之品质证____份 |
     |( ) Insurance policy / Certificate covering W.A / All Risks / Overland |
     |Transportation Risks for 100% of the invoice value. |
     | 保险单/保险凭证按110%发标值投保基本险/综合险/陆运险 |
     |( ) Certificate of Origin in copies. |
     | 产地证一式____份 |
     | |
     |evidencing shipment of |
     |证明装运 |
     | |
     |Price terms and contract number: CIF/C& /F/AS/FOB |
     |价格条款及合约号码 |
     |_____________________________________________|
     |Packing(包装) |
     |_____________________________________________|
     |Shipment from ____ to Partial shipment Transhipment |
     |货自____运至 分批装运 转运 |
     | |
     |not later than Permitted / Prohibited Permitted / Prohibited|
     |不得迟于 允许 不允许 允许 不允许 |
     |____________________________________________|
     |Special instructions: |
     |特别条款 |
     |_____________________________________________|
     2. Specimens of Letter of Credit
     信用证实例

(1) 不可撤消信用证

     LETTER OF CREDIT
     TRANSMITTED THROUGH:
     BANK OF CHINA, LONDON
     BANK OF CHINA
     BEIJING, CHINA
     Beijing, February 1,1993

Dear Sirs,
     We open an irrevocable Letter of Credit No.846 in favour of: … Company, London for account of: China National … Corporation, Beijing to the extent of: £30,000 (Pounds Sterling Thirty Thousand only, 5% more or less is allowed). This credit is available by beneficiary's draft(s), drawn on us, in duplicate, without recourse, at sight, for 100% of the invoice value, and accompanied by the following shipping documents marked with numbers:
     ① Full set of clean "on board" "freight prepaid" Ocean Bill of Lading, made out to order and blank endorsed, marked: "Notify China National Foreign Trade Transportation Corporation, at the port of destination."
     ② Invoice in (quintuplicate) copies, indicating Contract No.
     ③ Weight Memo / Packing List in duplicate, indicating gross and net weights of each package.
     ④ Certificate of Quality / Weight in … copies issued by the manufacturers.
     ⑤ Beneficiary's letter attesting that 4 extra copies each of the above-mentioned documents have been distributed as follows: 1 set shipmailed along with the goods to China National Foreign Trade Transportation corporation at the port of destination.
     1 set and 2 sets airmailed to accountee and China National Foreign Trade Transportation Corporation at the port of destination respectively within 5 days after the departure of the carrying vessel.
     EVIDENCING SHIPMENT OF: 20 metric tons (5% more or less is allowed) of 1,000 kilos net each of GAMMA PL-COLINE, Purity 98 ~ 99%, £3.60 per kilo net CFR Xingang, including packing charges.

     Country of Origin: United Kingdom.
     Manufacturers: A.B.C. & Company, Limited.
     Packing: Packed in seaworthy new steel drums.

     Shipment from U.K. port to Xingang. Partial Shipment is not allowed. Transhipment is allowed, throuth B/L required. Shipment to be made on or before March 15, 1993, per SS "Peace".
     This Credit is valid in London on or before March 30,1993, for negotiation and all drafts drawn hereunder must be marked "Drawn under Bank of China Head Office, Banking Department, Beijing, Credit No.846".
     We hereby engage with the drawers, endorsers and bona fide holders of draft(s) drawn under and in accordance with the terms of this credit that the same shall be honoured by T.T. on presentation of the documents at this office. Amount(s) of draft(s) negotiated under this credit must be endorsed on the back hereof.

     Disposal of Documents: It is a condition of this credit that the documents should be forwarded to us by two consecutive airmails, the first mail consisting of all documents except one of each item, if more than one, to be sent by second mail.
     REIMBURSEMENT of this credit is available by T.T. as soon as the documents called for by the credit have been received by us and found correct. Please advise this credit to the beneficiary.

     Yours faithfully,

SPECIAL INSTRUCTIONS:
     ① This L/C is effective subject to the advising bank's sighting the relative export licence(s) submitted by beneficiary.
     ② Certificate issued by the shipping agents is required, certifying that the carrying vessel is chartered or booked by the China National Foreign Trade Transportation Corporation, Beijing. (In case this document is called for, Charterparty Bills of Lading are acceptable)

     Notes

1. to the extent of… 最高金额

2. beneficiary n. 受益人

3. recourse n. 追索权;求助
     with recourse 有追索权;有偿还义务
     without recourse 无追索权;无偿还义务

4. freight prepaid 运费预付
     提单上因成交价格条件不同而常见的有关运费的批注除"freight prepaid"外,还有: "freight paid"运费以付
     "freight collect"或"freight to collect"或"freight to be collected"运费到付,运费下付
     "freight payable at destination"运费到付,运费下付

5. make out 缮制,填写

6. to order 空白抬头
     7. blank endorsed 空白背书
     8. quintuplicate a. (文件等)一式五份的
     in quintuplicate 一式五份

9. attesting that 4 extra copies each of the above-mentioned documents have been distributed as follows: 证明上述各单据的另外四份已经分发如下:

10. shipmailed along with the goods 与货物一起随船代交

11. accountee n. (信用证)申请开证人

12. Gamma Picoline n. [化] 四甲基吡啶 13. Purity n. 纯度

14. drawer n. 出票人
     drawee n. 付款人

15. endorser n. 背书人
     endorse v. 背书;批准;赞同
     Bills of Lading are to be made out to order and blank endorsed. 提单要按空白抬头和空白背书缮制。
     Please inform us by fax as soon as your application for import licence has been endorsed. 一俟你方进口许可申请得到批准,请即电告。
     The quality of this product has been widely endorsed 这种产品的质量已得到广泛的赞许。
     endorsement n. 背书,赞同
     endorsement in blank 无记名式背书
     endorsement in full 记名式背书

16. bona fide holder n. 合法持有人

17. honour v.t. 履行,承兑,照付
     honour a bill 承兑一张票据
     We trust you will honour our draft on presentation. 我们相信你们在我们的汇票提交时会立即照付。

18. presentation n. 提交;呈递

19. disposal n. 处理;处置
     the disposal of property 财产的处理

20. consecutive adj. 连续的,顺序的

21. reimbursement n. 赔偿,补偿
     In reimbursement of these extra expenses, please draw on us. 为付还这些额外费用,请开汇票向我们支取。
     reimburse v. 付还,偿还
     基本结构:reimburse sth. (to sb)和reimburse sb. (for) sth.
     We will reimburse you (for) the additional premium. 我们将把外加的保费付还你们。

22. beneficiary n. 受益人(卖主)

23. scheduled itinerary n. 预定航程表

(2)保兑的、不可撤消信用证

     LETTER OF CREDIT
     BANK OF BOSTON
     THE FIRST NATIONAL BANK OF BOSTON
     POST OFFICE BOX 1763
     BOSTON, MASSACHUSETTS 02105 USA
     CONFIRMED IRREVOCABLE LETTER OF CREDIT No.9753

Holcroft/Loftus

     12068 Market St.
     Livonia, MI 48150 U.S.A.

Gentlemen:
     We hereby authorize you to draw at sight on BANK OF BOSTON, MASSACHUSETTS, U.S.A up to aggregate amount of $… (Say … DOLLARS ONLY IN U.S.A. CURRENCY), for the account of Asia-American Oil Tools and Services, Ltd. Chiwan, Shenzhen, P.R. China.

     Drafts under this Confirmed Irrevocable Letter of Credit must bear on their face the words "Drawn Under Bank of Boston, Massachusetts, Letter of Credit number 9753, dated August 15,1998".
     The sight draft is to be for a maximum amount of (…) or 85 % of the total amount of Contract Price (…) under Contract No. OT1179 dated July 27,1998, accompanied by the following:

     -Three (3) copies of seller's Invoice
     -Clean on Board Ocean Bill of Lading
     -Packing List
     -Certificate of Quality and Quantity
     -Copy of fax to Buyers notifying shipment

     Except so far as otherwise expressly stated herein, this Letter of Credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision and Amendments thereto) International Chamber of Commerce Publication No.500.
     This Confirmed Letter of Credit shall be irrevocable and binding until the close of business on December 31,1998, at which time this Letter of Credit will automatically expire. We hereby agree that each draft drawn under and in compliance with the terms of this Letter of Credit will be duly honored at sight if presented at our office in Boston with all above required documents, on or before the close of business on said expiration date.

     Very truly yours,

     Notes

1. authorize v.t. 授权,委任,批准,允许,认可

2. aggregate v.t. 总计,合计为
     in the aggregate 总计
     aggregate adj. 总计的
     aggregate amount of 总金额计……

3. the Uniform Customs and Practice for Documentary Credits 跟单信用证的统一惯例

(3) 备用信用证

     STAND-BY LETTER OF CREDIT

     PERFORMANCE GUARANTEE

     [ORIGINAL]

     To: China Equipment Company Issued Date:
     Shen Nan Da Dao No.1 20th March 19(97)
     Shenzhen 518000, PRC L/C No.245

     This Credit is forwarded to the Advising Bank by Airmail.

     Lutong International Trading Co. Ltd.
     Applicant (Buyer): Suite 160, Coorperate Drive 6100
     Houston, TX 77036 U.S.A.
     Issuing Bank: Metro Bank
     188 Golden Street USA
     Advising Bank: Bank of China
     199 Commercial Building, China

Beneficiary (Manufacturer) China Equipment Company
     Shen Nan Da Dao No.1
     Shenzhen 518000, PRC

Gentlemen:
     At the request of the Lutong International Trading Co. Ltd. as the applicant we issue our Irrevocable Stand-By Credit in favor of China Equipment Company. The terms and conditions as follows:
     We guarantee for you that if the obligations incumbent upon in accordance with the credit are not duly fulfilled by Buyer, we will be refunded the sum of US $500,000 (Five Hundred Thousand U.S. Dollars Only) with an interest at the rate of 10% per annum to you against written notification and certificate issued by yours Lutong International Trading Co. Ltd.
     Our above Stand-By Credit is valid until 20th June 19(97).
     This letter is to be returned to us when exhausted or expired, kindly be advised.
     This Stand-By Credit is subject to the Uniform Customs and Practice for Documentary Credits 1993 Revision, ICC Publication No.500.

     Yours faithfully,
     Metro Bank

     Authorized Signature _____
     Telex No. CDB 22416
     Telephone No.2681234

     Notes

1. stand-by letter of credit 备用信用证或反担保信用证

2. be incuinbent upon 负有义务,负有责任

(4) 循环信用证

     IRREVOCABLE REVOLVING LETTER OF CREDIT

_________________________________________________
     | RECONSTRUCTION DEVELOPMENT BANK |
     | |
     | Telex: BHD 1142 |
     | Commercial House Telephone: 5883218 |
     | Brussels, Belgium Issued Date & Place |
     |(ORIGINAL) 10th January, 19(98)|
     | Brussels |
     | ___________________________________|
     | | Issuing Bank | Advising Bank |
     | Revolving Credit Irrevocable | Credit No. | Credit No. |
     | | BH 0821 | 2108 HB |
     |______________________|_______________|___________________|
     | Advising Bank | Applicant |
     | Trust Development Bank | Babit Machine-Making Industry |
     | Commercial Centre Amsterdam, | Co., (Ltd.) |
     | Holland | Bavel Building, Brussels, Belgium |
     |_______________________|_________________________|
     | Beneficiary | Amount |
     | Watat International Co., Ltd. | US $600,000 |
     | Lisi Centre Amsterdam, |(Six Hundred Thousand U.S. Dollars)|
     | Holland | |
     |_________________________|________________________|
     | This credit is issued subject to | Date & Place of Expiry |
     | Uniform Customs and Practice for | This credit remains valid in the |
     | Documentary Credits 1993 Revision, | country of beneficiary until |
     | ICC Publication No.500. | 10th November 19 ____ (inclusive) |
     |_____________________|______________________|
    
     AUTOMATIC CUMULATIVE REVOLVING CREDIT
     TRANSMITTED THROUGH: TRUST DEVELOPMENT BANK

Dear Sir(s),
     We hereby open our Irrevocable Automatic Cumulative Revolving Documentary Credit in your favour and authorize you to draw on us at sight up to an aggregate amount of US $600,000 (U.S. dollars six hundred thousand only) per three (3) calender months cumulative commencing with 30th January, 19 ____, revolving on the first business day of each successive month and ending with 30th October, 19 ____.
     This credit is revolving for three (3) shipments only, each shipment should be effected at three month intervals, but the amount of each shipment is not exceeding US $200,000 (U.S. dollars two hundred thousand only)
     The unused balance of each shipment is cumulative to the following shipment.
     The amount of this credit shall be restored automatically after date of negotiation.
     Accompanied by the following documents:
     1. Commercial invoice in duplicate copies, indicating contract no. ____.
     2. Packing list in duplicate.
     3. Full set shipping clean on board bill(s) of lading marked "Freight Prepaid" to order of shipper endorsed to reconstruction bank, notifying buyers.
     Conditions of shipment:
     Trans-shipment is permitted.
     Partial shipments are permitted.
     From Rotterdam to Antwerp.
     Shipment date: Shipment is to be effected not later than 10th October 19 ____.
     Covering: List of spare parts
     Please see continuation sheet attached.
     Special instructions:
     Please see continuation sheet attached.

Undertaking clause:
     We hereby agree with the drawers, endorsers, and bona-fide holders of drafts drawn in compliance with the terms of the credit that such drafts shall be duly honoured on presentation and paid at maturity.

     Yours truly,
     Reconstruction Development Bank

     Signature ____

     Advising's Bank
     Notification

     The amount of each draft negotiated, together with the date, must be stated on the back hereof.

     Advising Bank

     Signature ____

________________________________________
     | RECONSTRUCTION DEVELOPMENT BANK |
     | |
     | Telex: BHD 1142 |
     | Commercial House Telephone: 5883218 |
     | Brussels, Belgium Issued Date & Place|
     |(ORIGINAL) 10th January, 1998 |
     | Brussels |
     | ___________________________________|
     | | Issuing Bank | Advising Bank |
     | Revolving Credit Irrevocable | Credit No. | Credit No. |
     | | BH 0821 | 2108 HB |
     |__________________________|_______________|___________________|
     | Advising Bank | Applicant |
     | Trust Development Bank | Babit Machine-Making Industry |
     | Commercial Centre Amsterdam, | Co., (Ltd.) |
     | Holland | Bavel Building, Brussels, Belgium |
     |_________________________|___________________________|
     | Beneficiary | Amount |
     | Watat International Co., Ltd. | US $600,000 |
     | Lisi Centre Amsterdam, |(Six Hundred Thousand U.S. Dollars)|
     | Holland | |
     |________________________|____________________________|
     | This credit is issued subject to | Date & Place of Expiry |
     | Uniform Customs and Practice for | This credit remains valid in the |
     | Documentary Credits 1993 Revision, | country of beneficiary until |
     | ICC Publication No. 500. | 10th November 19 ____ (inclusive) |
     |____________________________|_____________________|

     This attached Sheet forms an integral part of our Irrevocable
     L/C No. BH 0821

     CONTINUATION SHEET

     Covering: List of Spare Parts (Omit)

     Special Instructions:

     1. Special instructions for beneficiary

     30th April 19xx Despatch the original draft and documents by first mail to the bank, which is located in the country of advising bank for unrestricted negotiation.
     30th July 19xx Despatch the original draft and documents by second mail to the bank, which is located in the country of advising bank for unrestricted negotiation.
     30th October 19xx Despatch the original draft and documents by third mail to the bank, which is located in the country of advising bank for unrestricted negotiation.

2. Special instruction for advising bank

     Despatch the certificate "Documents must strictly conform with the terms of this Credit" and drafts drawn at sight by the beneficiary on the Reconstruction Development Bank Brussels, Belgium, for reimbursement.

3. Remark

     All drafts against this Credit must be drawn and negotiated on or before (30th April 19xx), (30th July 19xx) and (30th October 19xx).

4. Charges

     All banking charges are for beneficiary's account and delivery of the L/C should be withheld pending beneficiary's agreement to pay the advising bank's charges.

     ____
     Signature

     Notes

1. revolving letter of credit 循环信用证

2. commercial house 商业大厦

3. automatic cumulative revolving credit 自动积累循环信用证

4. transmitted through 由……转递

5. restore v. 恢复

6. an integral part 不可分割部分

7. continuation sheet 续页

8. special instructions 特别条款

3. Buyer Notifies Seller
     买方通知卖方信用证已开立

Dear Sirs,

     We are glad to inform you that we have now opened an irrevocable letter of credit through the Bank of Boston, Massachusetts, U.S.A. for U.S. $ … in your favour.

     Please make sure that the shipment is effected within September, since punctual delivery is one of the important considerations in dealing with our market.

     We are awaiting your Shipping Advice.

     Yours faithfully,

     Notes

     Shipping Advice 装船通知 (= Advice Of Shipment, Shipment Notice, Notice of shipment)

4. Urging Establishment of L/C
     催开信用证

(1) Dear Sirs,

(Re: Your Order No.456 for Ammonium Sulphate)

     With reference to our faxes dated the 20th of April and the 18th of May, requesting you to establish the L/C covering the above mentioned order, we regret having received no news from you up till now.

     We wish to remind you that it was agreed, when placing the order, that you would establish the required L/C upon receipt of our Confirmation. Needless to say, we are placed in a very embarrassing situation now that one month has elapsed and nothing whatsoever has been heard from you. As the goods have been ready for shipment for quite some time, it behoves you to take immediate action, particularly since we cannot think of any valid reason for further delaying the opening of the credit.

     Yours truly,

(Reply)
     Dear Sirs,

Re: Our Order No.456 for Ammonium Sulphate

     We have received your faxes dated 20th of April and 8th of May, urging us to establish the L/C for the captioned order.

     We are very sorry for the delay in opening the L/C, which was due to an oversight of our staff. However, upon receipt of your fax of May 8, we immediately opened the covering credit with the Bank of China, and trust the same is now in your hand.

     Please allow us to express again our regret for the inconvenience that has been caused to you.

     Yours faithfully,

     Notes

1. Ammonium Sulphate n. 硫酸铵

2. embarrassing situation 窘迫的境地

3. elapse v.t. (时间)过去,消逝

4. behove [主语用it] v.t. 对(某人)来说应该(做):
     It behoves you to deliver the goods within the stipulated time. 对你们来说应该在规定的时间内交货。

5. valid adj. 有效的;正当的
     a valid reason 正当的理由

6. oversight n. 疏忽出错;忽略

(2) Dear Sirs,

(Our Sales Confirmation No. TE151)

     Reference is made to the 1,000 cartons of Canned Asperagus under the subjected sales confirmation, we wish to draw your attention to the fact that the date of delivery is approaching, but up to the present we have not received the covering Letter of Credit. Please do your utmost to expedite its establishment, so that we may execute the order within the prescribed time.

     In order to avoid subsequent amendments, please see to it that the L/C stipulations are in exact accordance with the terms of the contract.

     We look forward to receiving your favourable response at an early date.

     Yours faithfully,

     Notes

1. expedite v.t. 加快(进程等),促进(措施等),迅速处理(事物等)
     expedite shipment 加速装运

2. execute v.t. 实行,执行,履行
     execute an order 执行订单
     execute a contract 执行合同,履行合同

3. prescribe v.t. 规定

4. subsequent a. 继……之后的,随后的,后来的

5. amendment n. 修改,修正,改正
     amend v.t.

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