• Title/Summary/Keyword: Delivery of The Goods

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A Study on the CISG Cases of Korean Firms (우리나라 기업의 CISG 적용사례에 관한 고찰)

  • HA, Kang-Hun
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.69
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    • pp.107-126
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    • 2016
  • The parties in International Sale of Goods including Korean Firms Should note ; The buyer must pay the price for the goods and take delivery of them as required by the contract and CISG. The obligations mentioned in Article 53 are primary obligations which are to be fulfilled in the normal performance of the contract. The buyer has to take delivery at the respective place within a reasonable period after this communication since he cannot be required to take delivery immediately. Refusing to take delivery in case of delay not constituting a ground for avoiding the contract makes no sense, since this would lead to even later delivery. The buyer's obligation to pay the price includes taking such steps and complying with such formalities as may be required under the contract or any laws and regulations to enable payment to be made. International sales contracts frequently prescribe that the buyer has to act in advance, that is before the seller starts the process of delivery. Such acts may be either advance payments or the procurement of securities for payment as letters of credit guarantees. On the other hand, The seller deliver the goods hand over any documents relating to them and transfer the property in the goods, as required by the contract and CISG. The seller must deliver goods which are of the quantity, quality and description required by the contract and which are contained or packaged in the manner required by the contract. Except where the parties have agreed otherwise, the goods do not conform with the contract unless they are fit for the purposes for which goods of the same description would ordinarily be used are fit for any particular purpose expressly or impliedly made known to the seller at the time of the conclusion of the contract, except where the circumstances show that the buyer did not rely, or that it was unreasonable for him to rely, on the seller's skill and judgement. The buyer may declare the contract avoided if the failure by the seller to perform any of his obligations under the contract or CISG amounts to a fundamental breach of contract. The seller may declare the contract avoided if the failure by the buyer to perform any of his obligations under the contract or CISG amounts to a fundamental breach of contract.

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A Study on the Time of Delivery of Goods and Liability for Mis-delivery in terms of an Ocean Carrier (해상 운송인의 운송물 인도시점과 오인도(誤引渡)에 따른 손해배상책임에 관한 연구)

  • KIM, Chan-Young
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.67
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    • pp.97-118
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    • 2015
  • This study reviews the judgements by the Korean Supreme Court on the time of delivery of goods, as it depends on which bonded place the goods are kept for the purpose of the customs clearance. Thereafter, this study analyzes the Ocean Carrier's liability, when the cargoes are mis-delivered without the presentation of bill of lading in relation to the specific bonded place such as an independent bonded warehouse or a self-use bonded warehouse. Furthermore, considering that voyage charter is a kind of marine transport, this study also reviews whether or not the Court's judgements, which has been developed in respect of the carriage of affreightment, could be applied to voyage charter in respect of the time of delivery goods and the Ocean Carrier's liability for mis-delivery. Lastly, in the case that the substantial importer takes the goods from the independent bonded warehouse without the presentation of bill of lading after the customs clearance, it is noted that the Court has made the Ocean Carrier liable for the mis-delivery through the application of theory of double deposit contract. The position of the Court would be understandable in terms of the protection for the bona-fide holder of bill of lading, but this study reviews the limitation of liability as the device for the protection of the Ocean Carrier, considering the situation where the Ocean Carrier is somewhat unreasonably sacrificed under the bonded system provided for the convenience of substantial importer.

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Research of the Delivery Autonomy and Vision-based Landing Algorithm for Last-Mile Service using a UAV (무인기를 이용한 Last-Mile 서비스를 위한 배송 자동화 및 영상기반 착륙 알고리즘 연구)

  • Hanseob Lee;Hoon Jung
    • Journal of Korean Society of Industrial and Systems Engineering
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    • v.46 no.2
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    • pp.160-167
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    • 2023
  • This study focuses on the development of a Last-Mile delivery service using unmanned vehicles to deliver goods directly to the end consumer utilizing drones to perform autonomous delivery missions and an image-based precision landing algorithm for handoff to a robot in an intermediate facility. As the logistics market continues to grow rapidly, parcel volumes increase exponentially each year. However, due to low delivery fees, the workload of delivery personnel is increasing, resulting in a decrease in the quality of delivery services. To address this issue, the research team conducted a study on a Last-Mile delivery service using unmanned vehicles and conducted research on the necessary technologies for drone-based goods transportation in this paper. The flight scenario begins with the drone carrying the goods from a pickup location to the rooftop of a building where the final delivery destination is located. There is a handoff facility on the rooftop of the building, and a marker on the roof must be accurately landed upon. The mission is complete once the goods are delivered and the drone returns to its original location. The research team developed a mission planning algorithm to perform the above scenario automatically and constructed an algorithm to recognize the marker through a camera sensor and achieve a precision landing. The performance of the developed system has been verified through multiple trial operations within ETRI.

A Study on the Seller's Delivery Obligation in the International Sale of Goods - Focused on the CISG, Incoterms, Chinese Contract Law, Korean Civil Code - (국제물품매매에서 매도인의 인도의무에 관한 연구 - CISG, Incoterms, 중국 합동법, 한국 민법을 중심으로 -)

  • Hyeong, Ak-sim;Park, Sung-ho
    • Korea Trade Review
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    • v.42 no.2
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    • pp.29-52
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    • 2017
  • This research employed a comparative legal analysis to explore the rules of CISG, Incoterms 2010, Chinese Contract Law, and Korean Civil Act with precedent researches and present customs in the international sale of goods. The results of this study show that there are some differences in the provisions of seller's delivery obligation to those regulations, such as the time and place of delivery goods, the conformity of goods on the contract, and delivery of documents. Therefore, the parties of contract, especially between Korean and Chinese traders, must be aware of the differences in the provisions of those selected regulations in order to reduce disputes between them, out of or in relation to or in connection with their sales contract.

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A Study on the Issues of Division of Costs - Focusing on Incoterms 2010 - (정형거래조건별 비용분담의 쟁점에 관한 연구 - Incoterms 2010을 중심으로 -)

  • PARK, Sung-Cheul
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.75
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    • pp.49-69
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    • 2017
  • Making a international contract of sale is not a simple work. International Trade parties(seller and buyer) may choose trade terms such as FOB or CIF to simplify their contracts and avoid misunderstanding of international commercial practice. Incoterms is the international rules for the interpretation of the trade terms, and firstly regulated by the ICC in 1936. The latest version is Incoterms 2010. Incoterms 2010 governs certain responsibilities between the seller and the buyer under the international contract of sale. Moreover, Incoterms 2010 provides the standard of division of costs relating to contract of carriage. But we should note that Incoterms 2010 is not the part of contract of carriage. The writer points out that there is no consistence principle in distributing the special costs under the contract of carriage like unloading cost from the transport vehicle. To avoid the dispute between the parties, it is more safe for international traders to fully and completely understand on the customs and practice of carriage of goods. Incoterms 2010 provides more detailed method of delivery of goods than CISG and RAFTD. Concerning the method of delivery of goods, CISG and RAFTD simply provide that the seller shall place the goods at the discharge of buyers. The writer suggests the basic principles to allocate the special costs of delivery of goods according to the trade terms under Incoterms 2010.

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The Allocation of Risk under Sale of Goods in American Law - Focused on the Uniform Commercial Code and Cases - (미국법상 물품매매계약에서의 위험의 분배 - 통일상법전(UCC)의 규정 및 사례를 중심으로 -)

  • Kim, Young Ju
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.58
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    • pp.59-98
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    • 2013
  • Risk of loss is a term used in the law of contracts to determine which party should bear the burden of risk for damage occurring to goods after the sale has been completed, but before delivery has occurred. Under the Uniform Commercial Code (UCC), there are four risk of loss rules, in order of application. First, it is agreement that is the agreement of the parties controls. Second, the breaching party is liable for any uninsured loss even though breach is unrelated to the problem. Hence, if the breach is the time of delivery, and the goods show up broken, then the breaching rule applies risk of loss on the seller. Third, the delivery by common carrier other than by seller is necessary: Risk of loss shifts from seller to buyer at the time that seller completes its delivery obligations; If it is a destination contract, then risk of loss is on the seller; If it is a delivery contract, then the risk of loss is on the buyer. Fourth, if the seller is a merchant, then the risk of loss shifts to the buyer upon buyer's receipt of the goods. If the buyer never takes possession, then the seller still has the risk of loss. This paper discusses problems of risk of loss under the American law. Specifically, this paper focuses on the interpretation of UCC sections and analysis of various cases. By comparing, also, UCC and Korean law, the paper proposes some implications of risk of loss issues for Korean law.

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A Study on the Case Study of Internet Menu-Delivery-Web Site (인터넷 식단 배송 사이트의 내용 사례연구)

  • 진양호;원혜영
    • Culinary science and hospitality research
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    • v.10 no.2
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    • pp.59-71
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    • 2004
  • This study .is about marketing of menu-delivery-web site through internet which is getting bigger in working-together-couples. The purpose of this study is suggesting the way which can make internet marketing to activate by means of analysing of a certain enterprise's homepage with marketing mix method. We draw the findings which is seperated by goods, price, promotion, distribution, other service according to marketing constituents. As a result of research, it was found that each company has given much more weight on some part in internet marketing's field of activity. In general, they put an empasis on activity of goods and promotion. On the other hands they didn't consider prices and delivery to be important compared with other parts. In a field of price, menu-site just announced price but in further advance, it had better offer and compare two price level when customer used menu-delivery-web site or not. And that site needed to promote and to be advertised what customer who just think using web site was expensive have benefit in the price. One of the most important things about internet-marketing was that fast and exact feedback and community made each enterprise to be able to help to communicate with customer. For these strategy to execute effectively, first company's name should be known well and goods and service the company had should be well advertised. But first of all, differentiated strategy should precede through consistency of taste and quality, consistant information update as a internet-company and sincere homepage management.

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Development of an IoT-based Unmanned Home-Delivery Box System (사물인터넷(IoT) 기반의 무인 택배함 시스템 개발)

  • Park, Chan Hee;Kang, Hyun Tae;Kang, Chang Soon
    • Journal of Information Technology Services
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    • v.16 no.2
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    • pp.129-138
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    • 2017
  • This paper is concerned with an Internet of Things (IoT)-based unmanned home-delivery box system, in which the system is developed with a prototype using a weight sensor, shock sensor, the Arduino and Raspberry-Pi of open-source hardware platforms. The developed system provides several functions such as a safe storage means, prevention of delivery-theft, and remote control of the home-delivery box, etc. Specifically, the system recognizes the arrival of goods by detecting the weight of deliveries and sends the arrived message of deliveries to the recipient' smartphone, and also controls (i.e., open and close) the locker of the unmanned home-delivery box system remotely with the smartphone. Furthermore, the developed system provides automatically a warning alarm around the unmanned home-delivery box when an external shock is applied to the home-delivery box, and sends a message on the shock to the recipient' smartphone. The major functions of the developed home-delivery box system have been verified in a realistic environment, and confirmed to work well. With the application of the developed home-delivery box system to the homes and offices where recipients are always not to stay, it is expected to significantly improve the safety of delivered goods as well as to effectively prevent the delivery operatives posing as a crime.

A Genetic Algorithm for Vehicle Routing Problems with Mixed Delivery and Pick-up (배달과 수거가 혼합된 차량경로 결정문제를 위한 유전 알고리듬의 개발)

  • Chung, Eun-Yong;Park, Yang-Byung
    • Journal of Korean Institute of Industrial Engineers
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    • v.30 no.4
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    • pp.346-354
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    • 2004
  • Most industrial logistic systems have focused on carrying products from manufacturers or distribution centers to customers. In recent years, they are faced with the problem of integrating reverse flows into their transportation systems. In this paper, we address the vehicle routing problems with mixed delivery and pick-up(VRPMDP). Mixed operation of delivery and pick-up during a vehicle tour requires rearrangement of the goods on board. The VRPMDP considers the reshuffling time of goods at customers, hard time windows, and split operation of delivery and pick-up. We construct a mixed integer mathematical model and propose a new genetic algorithm named GAMP for VRPMDP. Computational experiments on various types of test problems are performed to evaluate GAMP against the modified Dethloff's algorithm. The results show that GAMP reduces the total vehicle operation time by 5.9% on average, but takes about six times longer computation time.

Perceived Risk in Online Purchase of Sporting Goods (스포츠용품 인터넷 구매의 위험지각에 관한 연구)

  • Min Dai-Hwan;Lee Seung-Yeop;Rim Seong-Taek
    • Journal of Information Technology Applications and Management
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    • v.13 no.2
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    • pp.127-143
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    • 2006
  • As the number of Internet users increases, online shopping malls are gradually flourishing and sales are continuously growing. However, since consumers are not able to check what they purchase when buying products on the Internet, they are bound to have higher risk perception than buying directly from off-line stores. Especially, sporting goods require a special attention because a preliminary test is important. Therefore, the risk perception is much higher when people purchase sporting goods online. This study first identifies the multi-dimensionality of risk perception. Then, it investigates whether online purchasing experience of sporting goods makes differences in the level of risk perception. In addition, it examines whether the risk perception by those who had an experience in purchasing sporting goods online affects the customer satisfaction. This study has identified five dimensions in the concept of risk perception, such as financial risk, performance risk, security risk, delivery risk, and psychological/physical risk. A statistical analysis shows that people without an experience in purchasing sporting goods online have perceived significantly higher performance risk, security risk, and psychological/physical risk than those with online purchasing experiences. Finally, this study has found that delivery risk, financial risk, and psychological/physical risk have significant negative influences on the customer satisfaction.

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