A batch of fruit was shipped from Indonesia to Zhengzhou, Henan Province. The buyer therefore bought the warehouse-to-warehouse all risks of Institute Cargo Clause. The goods were damaged during the railway transportation from Tianjin Port to Zhengzhou due to the overheat of the carriages. Which of the following options are correct ( )
A. Since the damage did not occur during the sea transportation, the insurer is not liable for the damage
B. If the insured has an insurable interest, the insurer must compensate
C. Damage is not covered by insurance
D. The damage occurred within the term of the insurance, but the insurer may not compensate
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For group F trade terms, which of the following options are correct ( )
A. The difference between the term FAS and FOB in terms of delivery is that FAS delivers goods on board, while FOB delivers goods alongside the ship
B. In FOB terms, the risks of the goods are transferred on the ship's rail at the port of loading
C. FOB and FAS terms are mainly applicable to sea transportation or inland waterway transportation, while FCA is applicable to various modes of transportation
D. In FCA terms, the risks of the goods are transferred on the ship's rail
The business places of the Buyer and the Seller are located respectively in Country A and Country B, and both Country A and Country B are contracting parties to the United Nations Convention on Contracts for the International Sale of Goods (hereinafter referred to as the Convention), and the contract of sale between the Seller and the Buyer agreed: the disputes under the Contract shall be apply to the laws of Country A. Which of the following options are wrong ( )
A. The applicable law of the Contract is the law of Country A, and the Convention shall not apply
B. The Convention shall apply, and matters beyond the scope of application of the Convention shall apply be governed by the law of Country A
C. The Convention shall apply, and matters beyond the scope of application of the Convention shall apply be governed by the law of Country B
D. The applicable law of the Contract is the law of Country A, supplemented by the Convention
Company A in a country sells a batch of equipment to Company B in China under the agreed trade term of "FOB (Incoterms2010)", and then the equipment was shipped to China. In accordance with the International Rules for the Interpretation of Trade Terms and the United Nations Convention on Contracts for the International Sale of Goods, which of the following options is correct ( ) (Judicial Examination Question in 2015)
A. Company A is responsible for signing the shipment contract of goods and paying the freight
B. The risk bearing of Company A and Company B shall be based on the goods crossing the side of the ship at the port of loading
C. If the equipment is damaged due to failure to be packaged in general mode of the similar goods, Party A shall be responsible for the loss
D. Company A shall not be liable to Company B in case the batch of equipment infringes the patent right of a third party in China
Company A in China and Company B in France have signed a contract for importing clothing to China based on the price term of CIF. When the goods arrived at the port of destination, Company A found that two cases of goods were damaged due to improper packing, therefore, it refused to accept them, and the goods were damaged again by rain at the port of destination. In accordance with the United Nations Convention on Contracts for the International Sale of Goodsand related rules, which of the following options is correct ( ) (Judicial Examination Question in 2015)
A. Since the contract has already selected CIF trade term, it shall not apply to the Convention.
B. Under CIF conditions, French Company shall take out insurance, therefore, the Company B shall bear the risks in transit
C. As a result of Company A's refusal to accept the goods, Company B shall bear the loss of the goods caused by the rain at the port of destination
D. Company B shall bear the loss of the goods due to improper packing
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