Hook

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📖 Detailed Explanation

In foreign trade, 'hook' (or 'linkage') is not a standard international trade term (such as FOB or CIF), but rather a practical operational concept. It usually refers to linking a transaction, payment, or responsibility to another condition or event. Common scenarios include: 1) Payment linkage, e.g., 'payment linked to quality inspection report', meaning the buyer's payment is conditional upon passing third-party inspection; 2) Order linkage, e.g., 'new order linked to outstanding payment on old order', requiring settlement of old debts before executing a new order; 3) Commission or discount linkage, e.g., 'commission linked to annual purchase volume', where commission is paid only upon reaching the agreed quantity. Note: Linkage clauses must clearly specify the linked conditions, trigger mechanisms, timing, and consequences of breach in the contract to avoid ambiguity leading to disputes. Unlike 'back-to-back L/C' or 'advance payment', linkage emphasizes conditional association rather than an independent payment instrument, and its legal effect depends on the specific contract terms. Foreign trade practitioners should be aware of the potential capital occupation, credit risk, and operational complexity brought by linkage clauses, and it is recommended to use written supplementary agreements and keep communication records.

📝 Examples

1. The buyer requires the final payment to be linked to a third-party quality inspection report, i.e., the remaining 30% of the payment will be paid only after SGS issues a qualified report. (Note: Payment is linked to inspection results to reduce the buyer's quality risk.) 2. The supplier proposes that the production scheduling of a new order be linked to the settlement of overdue payments from the previous order; otherwise, production will not be arranged temporarily. (Note: Order execution is linked to clearing old debts to protect the seller's right to receive payment.)

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