Fine

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📖 Detailed Explanation

In foreign trade terminology, 'Fine' typically refers to a financial penalty paid by one party to another due to violation of contract terms, letter of credit conditions, or relevant laws and regulations. Common scenarios include: seller's delayed delivery, buyer's delayed payment, non-conforming goods quality, document discrepancies leading to bank refusal, or violation of customs/import-export control regulations. Unlike 'Penalty', which emphasizes compensation for breach of contract losses and may be punitive, 'Fine' focuses more on punitive fines for specific violations, with amounts usually calculated based on the degree of violation or a contractually agreed percentage. Precautions: 1) The contract should clearly specify trigger conditions, calculation methods, and caps for fines to avoid being deemed punitive and invalid; 2) In letter of credit operations, fines may appear as 'penalty interest' or 'late shipment penalty', and it is necessary to ensure documents meet requirements; 3) Customs fines must be handled promptly, otherwise they may affect customs clearance and credit rating. Difference from 'Damages': A fine is a pre-agreed fixed penalty, while damages are compensation for actual losses.

📝 Examples

1. Because the seller failed to ship within the contractually stipulated shipment period, the buyer demanded that the seller pay a late delivery fine equal to 5% of the goods value according to Article 8 of the contract. (Note: Late delivery fine, calculated according to the contractually agreed percentage.) 2. The letter of credit stipulates that if the documents submitted by the beneficiary contain discrepancies, the issuing bank will charge a fine of USD 50 per transaction and deduct it from the payment amount. (Note: Letter of credit discrepancy fine, a common bank charge item.)

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