凭文字说明的品质表示
Quality expression by text description时间(TIME):2020-05-15 22:59:59
品质是商品买卖最重要的因素。合同中的品质约定,是买卖双交接货物的依据。通常用两种方式表示商品的品质。
1.用文字说明表示品质。这种方式称为"凭文字说明销售"。 具体可分为以下几种 :
规格(Specification)。合同中规定商品的品质指标,如化学成份、长短粗细、含量等。这是最广为采用的既方便又准确的一种表示品质的方法。
等级(Grade)。为买卖双方都熟悉的商品,在某些情况下可采用凭等级买卖:一是按商品的不同规格,分成不同的等级,既简化了品质表示,又易于比较优劣;二是有些商品不能用规格描述,或不能完整地用规格描述,特别是一些土特产品,比如茶叶、水果等,可用双方都认可的等级来表示品质。
标准(Standard)。商品的标准,是指标准化了的规格和等级。标准有的由国家或有关政府部门制订也有的是由商品交易所、同业工会或有关国际组织制订。公布了的标准经常需要修改变动。所以,当采用标准说明商品品质时,应注明采用标准的版本和年份。
商标和牌名(Trade Mark and Brand)。某些商品在市场上行销已久,品质优良稳定,知名度高,且品种单一,则往往可以其商标和牌名表示其品质。如可口可乐、大白兔奶糖。应注意许多著名品牌由于其产品品种多样性和复杂性,是不可能单凭商标品牌成交的、比如IBM、SONY等。它们的产品,必须具有完整确切的品质指标或技术说明。
产地名称(Name of Orogin)。此类描述局限于土特产品,如苏绣、四川榨菜,用以表示产品的传统工艺或特色风味。
说明书和图样(Description and Illustrations)。对于结构性能复杂的商品,通常以说明书和图样加以完整的描述,以此作为买卖双方认定的品质标准。
凭说明书和图样成交的合同,往在附有品质保证条款和技术服务条款。
Quality is the most important factor in commodity trading. The quality agreement in the contract is the basis for the purchase and sale of double delivery goods. There are usually two ways to express the quality of goods.
1. Indicate quality with text. This is called "selling by word". It can be divided into the following types:
Specification. The contract specifies the quality indicators of the goods, such as chemical composition, length, thickness, content, etc. This is the most widely used both convenient and accurate way to express quality.
Grade. For the goods that are familiar to both the buyer and the seller, in some cases, they can be bought and sold by grades: first, they can be divided into different grades according to different specifications of the goods, which not only simplifies the quality representation, but also makes it easy to compare the advantages and disadvantages; second, some goods can not be described by specifications, or can not be completely described by specifications, especially some local products, such as tea, fruit, etc., which can be recognized by both parties Grade represents quality.
Standard. Commodity standards refer to standardized specifications and grades. Some standards are formulated by the state or relevant government departments or by commodity exchanges, trade unions or relevant international organizations. Published standards often need to be revised. Therefore, when the standard is used to describe the quality of goods, the version and year of the standard shall be indicated.
Trade mark and brand. Some commodities have been sold in the market for a long time, with good and stable quality, high popularity and single variety, so their trademark and brand name often indicate their quality. Such as Coca Cola, white rabbit milk candy. It should be noted that many famous brands, due to the variety and complexity of their products, can not be traded by brand alone, such as IBM, Sony, etc. Their products must have complete and exact quality indicators or technical specifications.
Name of origin. Such descriptions are limited to local products, such as Suzhou embroidery and Sichuan pickle, to express the traditional technology or characteristic flavor of the products.
Description and illustrations. For the products with complex structure and performance, the specification and drawings are usually used to give a complete description, which is regarded as the quality standard recognized by the buyer and the seller.
The contract concluded with the specification and drawing shall be attached with the quality assurance terms and technical service terms.