On January 1, a seller received and order in the mail from a buyer requesting shipment of its latest computer at the seller’s current catalog price. The order specified that the seller could accept the offer either by shipping the goods or promptly notifying the buyer of acceptance. On January 2, the seller mailed to the buyer a letter accepting the order and assuring the buyer that the computer would be shipped on January 3. On January 3, the seller realized that he was out of that computer model and shipped to the buyer a different computer model and a notice of accommodation. On January 5, the buyer received the seller’s January 2 leer and the different computer model, but not the notice of accommodation. Which of the following best states the parties’ legal rights and duties?

A、(A) The buyer can either accept or reject the different computer model and in either event can recover damages, if any, for breach of contract.

B、(B) The buyer can either accept or reject the different computer model, but if he rejects it, he will thereby waive any remedy for breach of contract.

C、(C) The seller’s prompt shipment of nonconforming goods constituted and acceptance of the buyer’s offer, thereby creating a contract for sale of the replacement computer model.

D、(D) The seller’s notice of accommodation was timely mailed and his shipment of the different computer model constituted a counteroffer.

TaskB閱讀下面的文章，完成第6-10題。 Conditions for Submitting Refund Requests: 1. All products claimed to be not as described must match the items sold by the seller. 2. Refund request should be submitted during the protection period. 3. Buyers should provide enough evidence to prove that the products received are not as good as described. 4. If you submit a refund request before the order is completed and then mark that order as complete — you cannot submit another refund request for another 15 days, even it has a Longer Protection guarantee. If, however, the reason for your refund request is “I didn’t receive anything” and the result is “payment released to the seller”, you still can submit refund request within the 15 days if the product is not as described. Returning Shipping Fee l. If the seller accepts returns, and the buyer also wants to return their purchase, simply follow the seller’s sets of Returns on who will pay the return shipping fee. If the seller will pay the fee, communicate with the seller in advance about the payment method and the logistics service. 2. If a seller sets no return necessary or a buyer wants to keep the product, simply agree on the refund amount directly and ignore the return shipping fee. 6.According to the Conditions given in the passage, the buyer’s refund request must be made .

A、during one year of purchase

B、before the payment is made

C、before the order is completed

D、during the protection period

【簡答題】1.試用重組法翻譯下列單證用語。 (1) Bill of lading is a document given by a shipping company, representing both a receipt for the goods shipped and a contract for shipment between the shipping company and the shipper. It is also a document of title to the goods, giving the holder or the assignee the right to possession of the goods. (2) Commercial invoice is a document which contains identifying information about merchandise sold for which payment is to be made. All invoices should show the name and address of the debtor, terms of payment, description of items, the price per item, and the amount for which payment is to be made. Besides, the invoice should show the manner of delivery. (3) Insurance policy is a document setting out the exact terms and conditions of an insurance transaction —the name of the insured, the name of commodity insured, the amount insured, the name of the carrying vessel, the precise risks covered, the period of cover and any exceptions there may be. It is also a written contract of insurance between the insurance company and the insured. (4) DOCUMENTS MUST BE PRESENTED AT PLACE OF EXPIRATION WITHIN 15 DAYS OF ISSUE DATE OF TRANSPORT DOCUMENT AND WITHIN THE L/C VALIDITY. (5) THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION), ICC PUBLICATION NUMBER 500.

回答{TSE}題： Eiffel Is all Eyeful Some 300 meters up, near the Eiffel Tower's wind whipped summitthe world comes to scribble.Japanese,Brazilians, Americans they graffiti theirnames,loves and politics on the cold iron transforming the most French of monuments into symbol of a world on themove. With Paris laid out in miniature below, it seems strange thatvisitors would rather waste time marking their presence than admiring the view.But the graffiti also raises a question: Why, nearly 114 years after it wascompleted,and decades after it ceased to be the world's tallest structure, isla Tour Eiffel still so popular? The reasons are as complex as the iron work that graces astructure some 90 stories high. But part of the answer is, no doubt, itsagelessness. Regularly maintained, it should never rust away. Graffiti is regularlypainted over, hut the tower lives on. "Eiffel represents Paris and Paris is France. It is verysymbolic" , says ttugues Richard, a 31- year-old Frenchman who holds therecord for cycling tip to the tower's second floor- 747 steps in 19 minutes and4 seconds, without touching the floor with his feet. "It's iron lady, Itinspires us ", he says. But to what? After all, the tower doesn't have a purpose. Itceased to be the world' s tallest in 1930 when the Chrysler Building13 went upin New York. Yes,television and radio signals are beamed from the top, andGustave Eiffel, a frenetic builder who died on December 27, aged 91, used its heightfor conducting research into weather, aerodynamics and radio communication. But in essence the tower inspires simply by being there a blankcanvas for visitors to make of it what they will. To the technically minded,it's an engineering triumph. For lovers, it's romantic. "The tower will outlast all of us, and by a longway", says Isabelle Esnous, whose company manages Eiffel Tower. {TS}Why does the author think the Eiffel Tower is transformed intosymbol of a world on the move?

A. Tourists from all over the world come to the Eiffel Tower bycar or by plane.

B. Tourists of all nationalities come to scribble on the coldiron of the tower.

C. The Eiffel Tower is the tallest building in the world.

D. The Eiffel Tower represents all the towers in the world.

As usually,there are regular mode of chartering shipping or tramp shipping. They are(  ).

  A. voyage chartering          B. time chartering

  C. bareboat chartering         D. term chartering

A.Liner transport

B.Line ship

C.Line container

D.Line

SALES CONTRACT

The Seller：SHANGHAI SHENG DA CO．，LTD．

UNIT C 5／F JINGMAO TOWER No．SIl080215

SHANGHAI．CHINA

The Buyer：ALFAGA ENTERPRISE Date：Feb．15，2008

28．IMAMGONJ

DHAKA，BANGLADESH Signed at：Shanghai，China

The undersigned Seller and Buyer have agreed to close the following transactions according to the terms and conditions stipulated below：

Packing：In Cartons Shipping Mark： A．E．

CHITTAGONG

Time of Shipment：During May，2008

Loading Port and Destination：From Shanghai to Chittagong

Partial Shipment and Transshipment are allowed．

Insuralaee：To be effeeted by the buyer

Terms of Payment：The Buyer shall open through a bank acceptable to the Seller an Irrevocable Sight Letter of Credit to reach the Sellers 30 days before the month of shipment，Valid for negotiation in China until the 15th day after the month of shipment．

The Seller The Buyer

SHANGHAI SHENG DA CO．，LTD． ALFAGA ENTERPRISE

信用證：

SQUENCE OF TOTAL 27：1／1

FORM. OF DOC．CREDIT 40A：IRREVOCABLE

DOC．CREDIT NUMBER 20：06660801

DATE OF ISSUE 31C：FEBRUARY 24．2008

APPLICABLE RULES 40E：UCP LATEST VERSION

DATE AND PLACE OF EXP． 31D：MAY 23，2008 IN BANGLADESH

APPLICANT 50：ALFAGA ENTERPRISE

26，IMAMGONJ

DHAKA，BANBIADESH

ISSUING BANK 52A：AB BANK LAMITED

MAMGANJ BRANT．

40 IMANGANT．DHAKA-1211．BANGLADESH

BENEFICIARY 59：SHANGHAI DA SENG CO．，LTD．

UNIT C 5／F JINGMAO TOWER

SHANGHAl．CHINA．

AMOUNT 32B：CURRENCY HKD AMOUNT 9800．00

AVAlLABLE WITM／，BY… 41D：ANY BANK IN CHINA

BY NEGOTIATION

DRAFTS AT… 42C：DRAFTS AT 60 DAYS SIGHT

&n