帮我做一下这个案例分析好么真的很着急1.CompanyEinthemainlandofChinareachedanFOBcontractwithCompanyFinChina’sHongKong,exportingSteelSheets.Toresellthegoods,CompanyFsignedanotherCFRcontractwithCompanyG

Question

帮我做一下这个案例分析好么 真的很着急
1.Company E in the mainland of China reached an FOB contract with Company F in China’s Hong Kong,exporting Steel Sheets.To resell the goods,Company F signed another CFR contract with Company G in South Korea.Later Company E received from company F the relevant L/C for the transaction.The price showed in the L/C was FOB as contracted.The L/C also stipulated that Busan (in South Korea) should be the port of destination.What’s more,the L/C stipulated that the B/L should be marked with “Freight Prepaid”.
(1) Why did Company F have such requests?
答案切入点：FOB和CFR术语下出口货物运输义务以及主运费的买方和卖方之间的划分
(2) Should Company E accept these L/C clauses?
答案切入点：在FOB合同下,货物自在出口装运港之后的运费由买方承担

Answer 1

International trades are risky, particularly for the sellers due to the distance between sellers and buyers, and different legal systems in different countries. Therefore, they have to be conducted using many legal terms and rules such the mentioned ‘FOB’,’L/C’ and so on agreements. These legal terms are designed for the protection of both parties. The 'Cost and Freight - CFR', which is a trade term requiring theseller to arrange for the carriage of goods by sea to a port of destination,and provide the buyer with the documents necessary to obtain the goods from the carrier.
The term ‘FOB’ is a trade term requiring the seller to deliver goods on board a vessel designated by the buyer. The seller fulfils its obligations to deliver when the goods have passed over the ship's rail.
When used in trade terms, the word "free" means the seller has an obligation to deliver goods to a named place for transfer to a carrier.
Contracts involving international transportation often contain abbreviated trade terms that describe matters such as the time and place of delivery and payment, when the risk of loss shifts from the seller to the buyer, as well as who pays the costs of freight and insurance.
It's important to realize that because this is a legal term, its exact definition is much more complicated and differs by country. It is suggested that you contact an international trade lawyer before using any trade term.
The reason why Company F demands that the B/L should be marked with “Freight Prepaid” is that they will have the proof that the goods were fully paid to avoid any payment confusion afterwards. Thus the ‘CFR’ will make life easier for Company G to receive the delivery in Busan with less legal problems and delay.
As for Company E, the ‘L/C’ term of ‘Freight Prepaid’ would be a great risk, because once they have signed the contract, when the payment for the goods was later not met for some reasons, there will be some problems to recover them, since the goods has already been marked ‘Freight prepaid’.Therefore they must think it through carefully before accepting such a term and a further negotiation is definitely needed.

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