September 3rd, 1921.]
CHAMBER OF COMMERCE.
PIECE GOODS CONTRACTS.
INCREASED
SUBSCRIPTION
APPROVED,
A special meeting the Chamber of Com- merce was held, on August 30th, the Hon. Mr. P. H. Holyoak presiding.
The firms represented were as follows: Messrs. Anderson, Meyer & Co. (Mr. N, Dreyer), Arculli Bros. (Mr. V. Curreem), Arnhold Bros & Co. (Mr. B. Monteith Webb), Asiatic Petroleum Co., Ltd. (Mr. E. C. F. Caville), Bradley & Co., Ltd. (Mr. T. W. Hill), British American Tobacco Co. (China) Ltd. (Mr. W. B. Kennett), British Borneo Timber Co., Ltd. (Mr. G. M. Lakin), Butterfield & Swire (Mr. G. T. Edkins), Messrs. Caldbeck, Macgregor & Co. (Mr. C. Lafrentz), Carters (Mr. B. D. Crawford Morgan), Cawasjee, Pallanjee & Co. (Mr. F. J. Bilinoria), Chartered Bank of India, Australia and China (Mr. H. E. Smith), Mr. Chan Yue Teng, The China Mutual Life Insurance Co., Ltd. (Mr. B. W. Tape), China Provident Loan and Mortgage Co., Ltd. (Mr. H. H. Taylor), Commercial Union Assurance Co., Ltd. (Mr. G. H. Elliott), Cie de Messageries Maritimes (Mr. R. Roden- fuser), S. J. David & Co. (Mr. O. I. Ellis), Dodwell & Co., Ltd. (Mr. G. M. Dodwel), Donnelly and Whyte (Mr. L. M. Whyte), Walter Ford & Co. Mr. Arthur Sanut), Fung Tang (Mr. Fong Tong), Gande, Price & Co., Ltd. (Mr. C. Bond), Getz Bros. & Co. of the Orient, Ltd. (Mr. H. O. Odell), Gibb, Living- ston & Co., Ltd. (Mr. A. O. Lang), Gilman & Co. (Mr. G. Miskin), Goddard and Douglas (Mr. R. Douglas), Green Island Cement Co., Ltd. (Mr. Allen Keith), T. E. Griffith & Co., Ltd. (Mr. P. A. Dixon), Handelmaatschappy (Mr. D. U. te Wochel), W. A. Hannibal & Co. (Mr. John Robertson), Hausmann, Kern & Co. (Mr. E. Kern), Holland China Trading Co. (Mr. Alexander Van Andel), Hongkong Electric Co., Ltd. (Mr. F. R. Marsh). Hongkong Fire Insurance Co., Ltd. (Mr. A. Pearce), Hongkong Import and China Export Co. (Mr. S. E. Ismail), Hongkong Rope Manufacturing Co., Ltd. (Mr. F. J. Tavares), Hongkong and Shanghai Banking Corporation (Hon Mr. A. G. Stephen), W. G. Humphreys & Co. (Mr. E. Humphreys), J. D. Hutchison & Co. (Mr. T. E. Pearce), Ip Tak & Co. (Mr. Tam Wing Kwong), Jardine, Matheson & Co. (Mr. D. G. M. Bernard), Java China Japan Lijn (Mr. C. Quarles von Ufford), W. R. Loxley & Co. (Mr. W. O. Pattenden). Mackinnon, Mackenzie & Co. (Mr. P. L. Knight), J. R. Michael & Co. (Mr. V. Benjamin), Moxon and Taylor (Mr. H. Birkett), Mustard & Co. (Mr. J. H. Scott), Nestle Anglo-Swiss Milk Co. (Mr. W. A. Stevens), North-west Trading Co.. Ltd. (Mr. Edward C. Dingman), Mr. K. S. Pavri, Pentreath & Co. (Mr. C. P. Marcel), Reiss & Co. (Hon. Mr. P. H. Holyoak and Mr. J. Hanbury Wil-
"Transmarina"
liams), Robertson, Wilson & Co. (Mr. G. W. Sewel'), Ross Alexander & Co. (Mr. A. S. D. Cousland), Rudolf, Wolf and Kew, Ltd. (Mr. C. H. W. Kew), The Sandoz Chemical Works, Basle, Switzerland (Mr. J. H. Brister), E. D. Sassoon (Mr. A. S. Gubbay and Mr. S. H. Dutton), David Sassoon & Co. (Mr. A. M. Bowes-Smith), Mr. J. T. Shaw, T. W. Simmons & Co. (Mr. J. L. Plummer), H. Skett & Co. (Mr. G. E. Wetton), Stewart Bros. (Mr. H. B. Dowbiggin). F. P. Talati (Mr. M. P. Talati), The Texas Co. (Mr. Wm. Mayger), Union Trading Co., Ltd. (Mr. S. M. Churn), Wicking, Harry & Co. (Mr. J. Owen Hughes).
CHINA OVERLAND TRADE REPORT
Introducing a discussion on a standard form of fancy piece goods contract, the CHAIRMAN read the proposed form, which was as follows:-
(1.)" Not more than four months clearance including free godown, insurance, etc., will be allowed from date of arrival or sale from stock after which date the buyer shall pay 1 per cent. per month which shall cover interest, godown, insurance and all charges, but the seller's rights on buyer's failure to perform his obligation at due date of clearance shall be wholly unaffected by the provi- sion for payment of the 1 per cent. hereinbefore contained. 'This clause shall not be varied or affected in any way by Chinese or other characters written or chopped on it by any person purporting to be acting on behalf of either party." (2.)-Sellers are
not responsible for delay in shipment or non-fulfil- ment of contract if occasioned by Strikes, Fire, Floods, War or Civil commotions, or any other circumstances beyond their con- trol, and the certificate of any British Chamber of Commerce or other representative Trade Cor- poration as to the cause of delay in shipment or non-fulfilment of contract shall be conclusive evi- dence thereof.
(3.)-Any dispute regarding quality, shade, finish, design, packing, etc., not settled amicably shall be referred to abitrators to be appointed by the Hongkong Gen eral Chamber of Commerce. (4.)-Any goods not taken delivery of within the time specified shall remain at buyer's risk in every respect.
(5.)-No terms of this contract other than those expressed in the Eng- lish language shall affect or be binding on the sellers.
229
The CHAIRMAN: I think the idea is that it should replace the old contract.
Mr. COUSLAND asked that if a contract for goods was made and the shipments were spread over three months, and the last shipment did not arrive in time, could the buyer turn round and refuse to accept the goods? They had had cases taken to Court upon the point and per- sonally he felt rather aggrieved about it. It came under the Sales and Goods Act.
Mr. VAN ANDEL said he had compared the present form with the old one, There were two clauses in the old con- and found a good many differences. tract which were missed entirely in the proposed one, and he thought it advis- able that they should be inserted. The one referred to the question of shades. A couple of years ago they were told by Manchester that they could not expect the exact imitation of old shades of samples, and so far as he knew that had not yet been withdrawn. He thought im- porters should be protected against de- viation. The other addition referred to clause 3. He suggested it should be add- ed that when the goods arrived in the market in an imperfect state buyers should take delivery, and any dispute with regard to quality, shade, etc,, should be referred to arbitration. He thought that was the custom in the Colony.
Sub-Committee) said the sub-committee Mr. PLUMMER (as Chairman of the had very carefully considered the very large number of contracts which were at present used in the Colony by various importers, and it was quite impossible to cover everything which some importers desired. As to Mr. Cousland's point, if any portion of the goods were late through unforeseen
they were covered by common law. If they were late from some cause, for which they were responsible, then he was afraid they had to accept the responsibility.
causes
tion. Legally, they are entitled to throw Mr. COUSLAND: Only for the late por- back the whole of the goods.
Mr. PLUMMER said that, with regard to the question of a slight deviation in shade, they could refer the matter to the Chamber of Commerce for arbitration.
Mr. VAN ANDEL said that one of the reasons why he mentioned the matter was to see whether the Piece Goods Sub-Com-
Mr. COUSLAND remarked that in any sale contract with Manchester they had the clause inserted that late delivery of one portion of the contract did not affect the others.
the
The CHAIRMAN, proceeding, said that the reasons why the proposed contract had been brought forward were familiar to all of them and did not need either advocacy or discussion by him as Chair- man. That there was a genuine need for a standard form of contract which should be adopted and adhered to by all import-mittee had considered it. ing members of the Chamber was com- mon knowledge, common ground and common agreement. He would like to say most emphatically that it was not the slightest use adopting the contract which had been suggested, either in its present form or amended. if they chose
by show of hands that afternoon to amend it, unless those who adopted it prepared rigidly to adhere to it. (Hear, hear). He said that advisedly, because there had been cases reported to the Com-design, packing, delivery, late shipment mittee of the past contract, which had settled amicably, shall be referred to or non-fulfilment of contract, etc., not been in force for some considerable time, being partially, if not wholly, ignored arbitrators to be appointed by the Hong- by some members of the Chamber, who kong General Chamber of Commerce and subscribed to it.
their finding shall be binding on both It might be that the
parties." reports were false. He formally moved the adoption of the Committee's recom- mendations as to the local standard form of fancy piece goods.
Mr. J. L. PLUMMER seconded.
were
were
Mr. COUSLAND asked whether it was proposed that the clauses should simply be added to the old contract, or
hey to be considered to be the entire erms of the contract. If the latter, he was afraid there were one or two legal points which had been left out,
The CHAIRMAN
suggested that points raised by Mr. Cousland and Mr. van Andel would be covered, if clause 3 dispute regarding quality, shade, finish, were altered to read as follows:-" Any'
Mr. COUSLAND suggested the addition of the following clause:-
"Late or non- arrival of one or more lots not to affect other shipments under this contract.
The CHAIRMAN announced that the sug- gestion would be accepted, as part of clause 3, or would be drafted in another
clause.
The additions mentioned by the Chair- man and Mr. Cousland were agreed to, and the proposed contract, as amended, unanimously approved by the meeting.