• Title/Summary/Keyword: Place of Delivery

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The Seller's Obligation to Deliver Goods under CISG (국제물품매매협약상 매도인의 물품인도의무)

  • HEO, Hai-Kwan
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.77
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    • pp.1-22
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    • 2018
  • Under CISG the places of delivery by the seller of the goods are: If the seller is not bound to deliver the goods at any other particular place and the contract of sale involves carriage of the goods, the seller has to hand the goods over to the first carrier for transmission to the buyer. However, if the contract does not involve carriage of the goods, he has to place them at the buyer's disposal at the place where, at the time of the conclusion of the contract, both the seller and the buyer knew that the goods were at, or were to be manufactured or produced. This rule applies when the contract relates to specific goods, or unidentified goods to be drawn from a specific stock or to be manufactured or produced. Finally, in ant other cases the seller has to place the goods at the buyer's disposal at the place where the seller had his place of business at the time of the conclusion of the contract. As to time of delivery, if a date is fixed by or determinable from the contract, the seller has to deliver the goods on that date. If a period for delivery is fixed by or determinable from the contract, he has to deliver the goods on any date within that period. In this way the seller chooses the specific date of delivery within that period, while circumstances indicate otherwise that the choice is to be made by the buyer. There no such date or period, the seller has to deliver the goods within a reasonable time after the conclusion of the contract. If the seller delivers the goods before such the date or period, the buyer is entitled to take delivery or refuse to take delivery. Under these backgrounds of provisions of CISG, this study first suggests the concepts of the handing over of the goods by the seller to the carrier and the placing them at the buyer's disposal. Then it goes further to looks into exactly where and when the delivery has to occur. In these context, this study more examines what happens if there is a breach of contract by the seller in connection with the delivery. That is, if the seller delivers non-conforming goods or at wrong place; what if there is a partial delivery or a premature delivery.

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A Study on the Delivery of Goods and Conditions of Contract of Carriage under Incoterms 2010 (Incoterms 2010상 물품인도 및 운송계약조건에 관한 연구)

  • PARK, Sung-Cheul
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.66
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    • pp.75-94
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    • 2015
  • The aim of this study is to examine the obligations of delivery of the goods focusing on the methods of delivery under the Incoterms 2010, comparing with CISG. The Incoterms 2010 provides various methods of delivery of the goods under the each rule(11 rules). And it is a little confusing for the parties of the contract of sales. This study reviewed specific methods of delivery of the goods with the view of practitioner. The purpose of Incoterms is to avoid misunderstanding of the contract of sales and to promote the international transactions. The uncertainties of the Incoterms 2010 shall cause disputes between the parties. Especially, when vehicles are used to pick up and deliver the goods, which party is responsible for the loading and unloading the goods. Under the D-term, which party is responsible for unloading the goods from the vehicle reached at the named place of destination is a little confusing. This study suggest some ideas on the specific methods of delivery to mitigate uncertainties and accept current practices at the field. Firstly, under the EXW rule, the seller must deliver the goods on the arriving means of transport at the seller's premises. Secondly, under the FCA rule, the seller must deliver the goods unloaded at the other place except seller's premises. Thirdly, under the CPT, CIP rules, the seller must deliver the goods unloaded irrespective of the mode of transport at the place of destination. Fourthly, the FOB, CFR, CIF rules must adapt the container transport practice.

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Design and Implementation of a Mobile Office System for Delivery Service (택배 서비스를 위한 모바일 오피스시스템 설계 및 구현)

  • 김의창
    • The Journal of Information Systems
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    • v.12 no.1
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    • pp.67-85
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    • 2003
  • In the recent a mobile internet makes a change in internet business. The mobile internet service is resulting in M-commerce. Even if M-commerce provides only information service, there will be much possibilities to make applications in various areas such as, delivery service, trading service, banking service etc. in the near future. Delivery service requires many steps in processing, originally. This study is designed to implement a mobile system which makes short in delivery process. It includes that a delivery man receives a signature on a paper and input data at the delivered place by using PDA at hand. The mobile system will be contributed to shorten delivery speed. It is proposed to implement the mobile office system for improving service efficiency in the business of delivery service. This study is designed to implement a mobile system which make short in delivery process. It includes that a delivery man receives a signature on a paper and input data at the delivered place by using PDA at hand. The mobile system will be contributed to shorten delivery speed. It is proposed to implement the mobile office system for improving service efficiency in the business of delivery service.

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Analysis of Factors Affecting on Satisfaction of Pharmacy Service (약국서비스 만족에 영향을 미치는 요인 분석 - 환자체감시간과 실 조제시간 비교를 중심으로 -)

  • Park, Seong-Hi;Suh, Jun-Kyu;Yoon, Hye-Seol;Hong, Jin-Young;Park, Gun-Je
    • Quality Improvement in Health Care
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    • v.5 no.2
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    • pp.202-215
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    • 1998
  • Purpose : To shorten processing time for variety of medical affairs of the patient at the outpatient clinic of a big hospital is very important to qualify medical care of the patient. Therefore, patient's waiting time for drug delivery after doctor's prescription is often utilized as a strong tool to evaluate patient satisfaction with a medical care provided. We performed this study to investigate factors influencing patient satisfaction related with waiting time for drug delivery. Methods : The data were collected from July 21 to August 12, 1998. A total 535 patients or their families who visited outpatient clinics of Inha University Hospital were subjected to evaluate the drug delivery time and the level of their satisfaction related, which were compared with those objectively evaluated by Quality Improvement Team. The reliability of the scale was tested with Cronbach's alpha, and the data were analyzed using frequency, t-test, ANOVA, correlation analysis and multiple regression. Results : The mean drug delivery time subjectively evaluated by the patient (16.1 13.0 min) was longer than that objectively evaluated (10.9 7.6 min) by 5.2 min. Drug delivery time objectively evaluated was influenced by the prescription contents, total amount or type of drug dispensed, etc, as expected. The time discrepancy between two evaluations was influenced by several causative factors. One of those proved to be a patient's late response to the information from the pharmacy which the drug is ready to deliver. Interestingly, this discrepancy was found to be more prominent especially when waiting place for drug delivery was not less crowded. Other factors, pharmaceutical counseling at the pharmacy, emotional status or behavior of a patient while he waits for the medicine, were also found to influence the time subjectively evaluated. Regarding the degree of patient satisfaction with the drug delivery, majority of patients accepted drug delivery time with less than 10 min. It was also found to be influenced by emotional status of the patient as well as kindness or activity of pharmaceutical counselor. Conclusion : The results show that, besides prescription contents, behavior pattern or emotional status of a patient, environment of the waiting place, and quality of pharmaceutical counseling at the pharmacy, may influence the patient's subjective evaluation of waiting time for drug delivery and his satisfaction related with the service in the big hospital. In order to improve patient satisfaction related with waiting time for drug delivery, it will be cost effective to qualify pharmaceutical counseling and information system at the drug delivery site or waiting place rather than to shorten the real processing time within the pharmacy.

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A Study on the Time of Examination of Buyer in Contract for International Sale of Goods (국제물품매매계약(國際物品賣買契約)에서 매수인(買受人)의 물품검사시기(物品檢査時期))

  • Oh, Won-Suk
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.20
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    • pp.63-82
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    • 2003
  • The time of examination of buyer in international sales contract is very significant, because the time is related with the period of claim in buyer's aspect. From the legal point of view, the time of delivery, the time of examination and the time of quality decision should be in accord. But the buyer, whose main place of business is located in importing country, wants to examine the goods in his own country. Therefore in CIF or FOB Contract, the place of delivery and the place of examination are divided. Thus the CISG, the Common Law System and the Civil Law System including Korean Law stipulate the buyer's examination at the destination if the sales contract involves carriage of the goods. This author, from the buyer's perspective, would like to make the following suggestions in regard to the time of examination when the sales contract is made. First, the time of examination and the time of quality decision should be in accord, even though the time of delivery is different. Second, the buyer should clearly indicate the time, the place, the inspector, the particulars and the burden of proof in regard to examination when contracting. Third, the buyer should also clearly indicate the period of notice for the lack of conformity in Claim Clause of sales contract, which should be counted from the time of examination. Fourth, the buyer should remember that he many lose the right to rely on the lack of conformity of the goods if he does not give the seller notice thereof within the stipulated time or reasonable time. Finally, if the buyer wants, to examine the goods at the place of shipment, it is desirable for the buyer to designate internationally recognized inspection organization like SGS.

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INCOTERMS 2000 and Non-Maritime Trade Terms (INCOTERMS 2000과 비해상매매조건(非海上賣買條件))

  • Choi, Myung-Kook
    • THE INTERNATIONAL COMMERCE & LAW REVIEW
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    • v.13
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    • pp.151-192
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    • 2000
  • This study has been focused on the revisions and characteristics of the 7 non-maritime trade terms(EXW, FCA, CPT, CIP, DAF, DDU and DDP) in Incoterms 2000. Main characteristics are as follows: First, the use of different expressions intended to convey the same meaning has been avoided and the same expressions as appear CISG have been used. Second, the content of preamble in each trade terms has been shortened and definitedly. Third, if the parties are going to use variants of trade terms in Incotrems 2000, the meanings should be made clear by adding explicit wording in the contract of sale. Main revisions of the 7 trade terms are as belows: First, Incoterms 2000 has emphasized that in EXW, the seller delivers when he places the goods at the disposal of the buyer at the seller's premises or another named place(i.e. works, factory, warehouse, etc.) not cleared for export and not loaded on any collecting vehicle. Second, in FCA, delivery is completed; a) If delivery occurs at the seller's premises, the seller is responsible for loading. b) If delivery occurs at any other place, the seller is not responsible for unloading. Third, in CPT and CIP, all costs and charges relating to the goods whilst in transit until their arrival at the agreed place of destination, unloading costs and all duties, taxes and other charges as well as the costs of carrying out customs formalities payable upon import of the goods and for their transit through any country are linked with the content under the contract of carriage. Fourth, Incoterms 2000 has emphasized that in DAF, the seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport not unloaded, cleared for export, but not cleared for import at the named point and place at the frontier, but before the customs border of the adjoining country. Fifth, Incoterms 2000 has emphasized that in DDU, the seller delivers the goods to the buyer, not cleared for import(in DDP, cleared for import), and not unloaded from any arriving means of transport at the named place of destination. Sixth, if the parties do not intend to deliver the goods across the ship's rail, FCA, CPT and CIP instead of FOB, CFR and CIF should be used.

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Locational Preference of Last Mile Delivery Centres: A Case Study of Thailand Parcel Delivery Industry

  • Amchang, Chompoonut;Song, Sang-Hwa
    • The Journal of Industrial Distribution & Business
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    • v.9 no.3
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    • pp.7-17
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    • 2018
  • Purpose - The purpose of this paper is to improve last mile delivery capability and ensure customers' satisfaction by approaching an analytic hierarchy process(AHP) and identifying criteria framework to determine locations of last mile delivery centre(LMDC). Research design, data, and methodology - Traffic congestion and emission policy in cities are barriers of last mile delivery in dense areas. The urban consolidation centre(UCC) cannot increase last mile delivery efficiency in dense cities because of their space and traffic limitation. In this paper, we develop a case to improve last mile delivery efficiency and to ensure customers' satisfaction by concentrating on LMDC. In addition, AHP has been applied to identify criteria framework and determine LMDC locations. The weighted priorities are derived from parcel delivery industry experts and have been calculated using Expert Choice software. Results - The framework criteria have assisted decision makers to place LMDC in a dense area to enhance customer's satisfaction with last mile delivery service. Conclusions - AHP has provided ranking framework criteria of LMDC potential for parcel delivery industry. The LMDC helps by improving last mile delivery efficiency to final destination amids conditions of CO2 emissions, traffic congestion, and pollution problems. It especially concerns delivery service activities when delivering parcels to customers rather than UCC.

Development of Tracking and Batch Payment Processing System for Parcel Delivery Based on RFID and GIS Technology (RFID와 GIS기술을 활용한 개별화물 배송추적 및 일괄정산 시스템 개발에 관한 연구)

  • Shim, Jin-Bum;Han, Young-Geun
    • Journal of the Korea Safety Management & Science
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    • v.12 no.2
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    • pp.107-112
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    • 2010
  • Door to door service is a typical method for individual parcel deliveries. In the current delivery information system, a delivery person manually inputs the information of many delivery results, which causes inefficiency and difficulties of tracking deliveries. This study suggests an enhanced delivery information system which has the following two characteristics. Firstly, a tagged RFID(Radio Frequency Identification) transmits the delivery result information to the main server by just collecting RFID at a place of destination. Secondly, with the characteristics of rewritable method, the collected RFID is to be input new information and tagged to other parcels.

A Study on an Advanced Identification System of Delivery Service Information Based on RFID (RFID를 활용한 개별화물 배송정보관리 시스템 개발에 관한 연구)

  • Shim, Jin-Bum;Han, Young-Geun
    • Proceedings of the Safety Management and Science Conference
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    • 2010.04a
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    • pp.415-421
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    • 2010
  • Door to door service is a typical method for individual parcel deliveries. In the current delivery information system, a delivery person manually input the information of many delivery results, which causes inefficiency and difficulties of tracking deliveries. This study suggests an enhanced delivery information system which has the following two characteristics. Firstly, a tagged RFID transmits the delivery result information to the main server by just collecting RFID at a place of destination. Secondly, with the characteristics of rewritable method, the collected RFID is to be input new information and tagged to other parcels.

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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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