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86 Cards in this Set
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method of payment for the seller/exporter (lowest risk-highest risk)
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1) open account/consignment sales
2) documentary collection 3) documentary credit 4) cash in advance |
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d: open account
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buyer pays seller after the delivery of the goods at some date in the future
most favorable way a seller pays a buyer buyer bears a lot of risk since its difficult to collection goods abroad |
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when should a seller use open account as a method to receive payment
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when the buyer has a good reputation or a history of doing business with the seller
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d: cash in advance
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most beneficial method of payment for a seller
when the exporter receives cash in advance before the buyer receives the goods |
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d: documentary credit
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3rd most riskiest method of payment for seller, uses documents to ensure the passage of the title of goods during transport
buyer receives the title of the goods upon arrival of the goods when the buyer pays for the goods different than collection because a bank guarantees the purchase of the goods through the issuance of a letter of credit |
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d: documentary collection
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2nd most riskiest method of payment for seller, uses documents to ensure the passage of the title of goods during transport
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d: consignment sale
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the most risky method of payment for a seller (in addition to open account)
when a buyer receives the goods, but the seller retains the title until the goods are sold to a third party and the buyer is paid used most often when shipping to foreign distributors seller should get insurancee |
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what cost method (cost plus method or marginal cost pricing) is more competitive
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marginal cost pricing
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d: cost plus method
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a method of pricing that adds all the prices of producing and exporting the good together
sets the price at an uncompetitive rate |
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d: marginal cost pricing
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the additional cost of producing a good should be less than the domestic cost, direct out of pocket expenses are a floor that prices cannot go below
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when setting prices in foreign countries what do exporters look at
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per capita income
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d: pro forma invoice
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issued by seller to buyer before the goods are shipped, basically a detailed description (internationally should be more detailed than if it was domestic) of whats being sold including what the price is
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d: drawee
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buyer
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d: drawer
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seller
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d: bill of exchange (draft)
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order by the seller to have the buyer pay the seler
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d: sight drafts
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seller has to pay the buyer before the shipment of the goods
seller retains title until after shipment goes with cash against document payment |
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d: time drafts
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buyer promises to pay seller at some date in the future
goes with document against acceptance payment |
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d: cash against document
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collections document, buyer signs sight draft and must pay the buyer before shipment
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d: document against acceptance
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buyer signs time draft must pay seller at some date in the future
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d: bill of lading
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title document that allows for the transfer of title while the goods are being shipped
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d: commercial invoice
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bill for the goods provided by the seller, includes basic info, description, payment/delivery info
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d: consular invoice
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purchased through the consulate of the country, used to identify and control goods
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d: certificate of origin
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purchased through a chamber of commerce
tells the origin of the good |
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d: certificate of inspection
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specifications of teh goods shipped, normally obtained through an individual organization
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d: insurance certificate
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type of insurance and the amount of coverage
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d: packing slip
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goes on the outside of the package in a waterproof slip tells the specific details of the goods inside such as weight
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9 documents normally required in exporting
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commerical invoice, bill of lading, consular invoice, certificate of origin, certificate of inspection, insurance certificate, shipper's export declaration, export license, packing slip
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what are the three functions of a bill of lading
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1) contract between ship owner and shipper
2) transferrable title document 3) evidence that the goods were delivered to the ship |
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d: electronic bill of lading
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titles can be transferred electronically, the UN's UNCITRAL adopted a law that facilitated this
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d: electronic data interchange (EDI)
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system developed in the 80's to allow for the transfer of titles electronically through a private key
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d: BOLERO
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electronic data interchange that faciliates the transfer of bills of lading that is easily accessible to everyone involved in shipment process
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d: on-board bill of lading
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clearly identifies the ship used for shipment, signed by the captain of the ship, ensures the buyer the good is being shipped
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d: received-for-shipment bill of lading
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only for when the goods are received by the buyer
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d: consignee
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person to whom the goods are being shipped, as indicated in the bill of lading, the buyer
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d: straight bill of lading
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delivery can only be to the consignee of the bill of lading, non negotiable
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d: order bill of lading
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can be bought/sold while the goods are in transit, negotiable, used for financing
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d: clean bill of lading
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a bill of lading with nothing on it saying that the goods are not damaged, some letters of credit require a bill of lading
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d: air waybill
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used for airtransport domestically and internationally
unlike bill of lading doesnt transfer the title of the goods in transit non negotiable, just a contract for carriage and a receipt for goods also states the conditions of goods |
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d: trade term
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in a contract, designates the risk of loss between a buyer or a seller, 3 letter acronym, INCOTERMS 2000 is a list of trade terms issued by the ICC
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d: risk of loss
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the actual designation if the buyer/seller bears the loss of the product
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d: INCOTERMS 2000
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list of trade terms generated by the ICC
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d: shipment contract
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the risk of loss transfers to the buyer when the goods arrival at the spot to which they are transferred onto the carrier
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d: destination contract
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the risk of loss transfers to the buyer when the goods arrive at their destination
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if no trade term designates where the risk of loss is allocated, who bears it?
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generally, a shipment contract is used, so the buyer bears the risk of loss when the seller brings the goods to port to be shipped
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what are the e terms of incoterms
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just ex works (EXW)
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EXW (ex works)
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incoterm
risk shifts to buyer when the seller is finished making the goods, most seller friendly, the buyer pays for everything including shipment to disembarkation point |
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what are the incoterms f terms
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FCA, FAS, FOB
seller pays for transportation to the carrier, buyer pays rest |
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FCA (free carrier)
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applies to all modes of transport
seller pays for transportation to the point of disembarkment, buyer pays the rest, buyer assumes risk of transport when the seller delivers the goods |
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FAS (free along side ship)
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sea transport only
buyer assumes risk when the seller delivers the goods alongside the ship seller only pays for transport to the port of origin |
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FOB (free on board)
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sea only
buyer assumes risk when the seller puts the items onto a ship seller pays only for transport to the point of origin and placing the goods on the ship |
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CFR (cost and freight)
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liability shifts to buyer at the destination
seller pays for everything until the goods arrive at port of destination risk of loss transfers to buyer when the goods are loaded onto the ship buyer pays for insurance |
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CIF (cost insurance freight)
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just sea transport, seller pays for everything including insurance up until the goods reach the port of destination, risk transfers when the carrier receives the goods
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CPT (carriage paid to)
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all modes of transport
seller pays for everything until the buyer receives the goods at port of destination, buyer pays insurance risk transfers when carrier gets goods |
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CIP (carriage and insurance paid to)
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all modes of transportation, seller pays insurance and all other costs until the buyer receives the goods at the port of destination, risk transfers to buyer when the goods are received at port of origin
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what do all the d terms have in common
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are all destination contracts, the risk of costs shifts to the buyer when the goods reach the port of destination
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DAF (delivered at frontier)
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rail/car shipment
risk shifts to buyer at frontier seller incurs all costs of transport until the goods reach the frontier of a country |
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DES (delivered ex ship)
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only ocean
seller pays all costs up until the goods arrive at the port of destination, buyer assumes risk when the goods arrive, buyer must pay for the goods to be unloaded |
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DEQ (delivered ex quay)
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only ocean
seller pays for all costs up until the goods are unloaded at the wharf of the destination, buyer assumes risk and costs when the goods are unloaded |
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DDU (delivery duty unpaid)
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all modes of transport
seller pays for transport of goods to a destination, the buyer must pay for the goods to be unloaded and assumes risk when the goods arrive at destination port |
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DDP (delivery duty paid)
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all modes of transport
seller pays for all costs until the goods are at destination and unloaded, buyer assumes risk and cost when all the goods are unloaded |
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d: common carrier
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a company that contracts with the public for transport of goods or people
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d: unimodal transport convention
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conventions that govern each form of transport for common carriers
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what is the name for the hague rules in the US
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carriage of goods by sea act
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what does COGSA stand for
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carriage of goods by sea act
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what is the warsaw convention
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carriage of goods by air
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d: air waybill
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incorporates all the rules of the warsaw convention
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what is the montreal convention
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amendment for the warsaw convention
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d: exculpatory clause
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broad limit of liability in a contract that existed before international conventions
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what is the harter act
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1893, the legislation that exsisted in the United states before the hague rules, still applies today for domestic shipping, increases the liability of carriers, purpose was to get rid of broad exculpatory clauses
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common carrier loses liability
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didnt provide a sea worthy ship
commission of a material deviation carrier didnt provide a fair opp for the shipper to declare value above per package limitation |
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d: force majeure clause
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limits carrier liability to account for acts of god
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what is the carrier liable for
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must issue a bill of lading
bill of lading must include basic information and descriptions |
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what are the four measures to determine seaworthiness
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1) the ship must be appropriate for the type of coverage
2) ship must be properly equipped 3) ship must have a competent crew 4) must properly handle goods |
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d: clause paramount
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in a bill of lading, says that they follow COGSA
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d: containerization
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allos a single container to be attached to multiple modes of transport
happened after hague/hague-vizby rules |
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rules for multimodal transport documents
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icc
depending on what type of transportation is occurring, a different convention or law applies to each stage of that transportation carrier has the burden to prove at which stage the damage occurs, if the carrier cant prove at which stage then the shipper is normally favored |
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what is the law of bailment
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the carrier (bailee) has a special duty to deliver the goods to the buyer
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how many COGSA exemptions are there for carriers
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17
(16 + 1 catch all) |
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list COGSA exemptions
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fire, perils of the sea, act of god, act of war, act of public enemies, arrest or restraint under lega process, quarantine, act or omission of the owner of the goods, strikes, riots, saving or attempting to save life/property at sea, wastage in bulk, insufficiency of packing/marks, latent defects + Q clause
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what is the q clause
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COGSA exemption
catch all burden is on the carrier to prove he was not liable |
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what are the 3 vital functions of a freight forwarder
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1) arranging for the shipment of goods with carriers
2) acting as a freight consolidator 3) processing required documentation |
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d: forwarder's bill of lading
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carrier type document, freight forwarder issues, extends liability
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d: customs broker
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deal with customs authories and help shippers comply with customs regulation
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d: multimodal transport operations
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arrange for all different types of transport, but issue 1 bill to the shipper
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d: through bill of lading
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MTO or ocean carrier issues that agrees to ship the items to the final destination
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d: letter of credit
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commerical bank gurantee of either payment by the buyer or performance by one of the parties, allows the seller to finance the production and export of the goods
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