Condition

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📖 Detailed Explanation

In foreign trade terminology, 'Condition' generally refers to the various requirements or prerequisites stipulated in a contract, letter of credit, order, or transport document, serving as the basis for both parties to perform their obligations, for the bank to make payment, or for the carrier to release goods. It is used in a wide range of scenarios, such as 'documentary conditions' in letters of credit, 'payment conditions' and 'delivery conditions' in sales contracts, and 'notification conditions' in force majeure clauses. Notes: Conditions must be clear and operable, avoiding vague expressions; different conditions should be logically consistent, otherwise it may lead to refusal of payment or disputes. The difference from 'Term' is that a term is a specific provision of the contract, while a condition emphasizes a binding requirement as a prerequisite; compared with 'Warranty', the consequences of breaching a condition are more serious and may allow the other party to terminate the contract. Foreign trade practitioners need to carefully review each condition to ensure they can meet it, and strive for modification when necessary.

📝 Examples

1. According to the letter of credit, the documents submitted by the beneficiary must satisfy the condition of 'documents consistent with the credit and documents consistent with each other'; otherwise, the issuing bank has the right to refuse payment. (Illustrates the importance of documentary conditions under a letter of credit) 2. The delivery condition under this contract is FOB Shanghai, and the buyer must send a shipping notice 15 days before shipment; otherwise, the seller has the right to postpone delivery. (Illustrates delivery conditions and notification obligations)

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