Claim Period

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📖 Detailed Explanation

Claim Period is a key clause in international trade contracts, referring to the period during which the buyer has the right to raise objections to the seller regarding quality, quantity, or packaging and demand compensation after receiving the goods. This period usually starts from the arrival of the goods at the destination port or the completion of the buyer's inspection, and is commonly 30, 60, or 90 days. Usage scenarios include: inspection and claim clauses in contracts, soft clauses in letters of credit, and insurance claims. Notes: 1) The claim period should be clear and specific, avoiding vague expressions such as 'reasonable time'; 2) The length of the period should take into account the nature of the goods, inspection difficulty, and transportation cycle. Too short may prevent the buyer from fully inspecting, while too long increases the seller's risk; 3) Unlike the 'quality guarantee period', the claim period focuses on the window for discovering problems, while the quality guarantee period covers the entire usage cycle; 4) It may overlap with the 'inspection period', but the claim period emphasizes making a compensation claim. In addition, if not stipulated in the contract, the 'reasonable time' principle of the United Nations Convention on Contracts for the International Sale of Goods applies. Foreign trade practitioners should clearly stipulate in the contract the starting point, duration, and notification method, and pay attention to retaining inspection evidence.

📝 Examples

1. The contract stipulates that the claim period is within 60 days after the goods arrive at the destination port. The buyer must raise quality objections in writing within this period, otherwise the goods shall be deemed accepted. (Note: Clarifies the starting point and duration, emphasizes written notice) 2. Because the buyer did not raise the issue of quantity shortage within the claim period, the seller refused compensation, and the arbitration tribunal ultimately supported the seller. (Note: Demonstrates the practical consequences of losing rights due to overdue claims)

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