国际经贸法律英语Unit2.doc

I. BACKGROUND INCOETERMS 2000 INCOETERMS 的副标题为International Rules for the Interpretation of Trade Terms，故译为“国际贸易术语解释通则”。INCOETERMS这一缩略词则源于International Commercial Terms三词。该套术语由国际商会ICC(International Chamber of Commerce)于1936年制订。为了适应国际贸易的不断发展，国际商会于1953年、1967年、1976年、1980年、1990年先后对INCOTERMS作了修订和补充。目前采用的是2000年版的国际贸易术语解释通则。该通则共有13个贸易术语，就货物交付、风险转移、通关手续办理、主要费用划分、运输方式等作了明确的规定。该套术语在国际上得到广泛的承认和采用，为国际货物买卖最为重要的贸易惯例。与90年版相比，2000年版则对FCA、FAS、DES作了明显的补充或变动，使该套术语更易于实际操作。此外，有关贸易术语的国际贸易惯例还有1932年华沙牛津规则(WarsawOxford Rules 1932)及1941年美国对外贸易定义修订本(Revised American Foreign Trade Definitions 1941)。 is not bound to 没有义务。 to clear the goods for export 办理货物出口清关手续。此处主要是指买方应办理货物出口所需的一切海关手续，包括交纳关税及其他相关费用 lighters 驳船。驳船通常在货轮不能靠港时使用，由其将货物从码头运至停于港外的货轮，再将货物从驳船装上货轮。 the charter party 租船合同。在FOB合同中，应有买方负责安排运输，办理租船或订舱手续，并支付运费。在实务中，对于大宗货物，包括散装货，需作整船装运时，买方通常自行阻船，而货物只需部分舱位时，则常委托卖方向班轮公司订舱，而相关费用及风险则由 the symbolic delivery of the goods 象征性交货。主要是指在F组、C组贸易术语项下，卖方是通过向买方提交货运单据（主要有提单、商业发票、装箱单、保险单等）来完成其交货义务的。卖方所提交的单据等同于交付货物。由于这两组术语下都具有在装运港（装运地）交货的性质，因此其性质属于装运合同。 customs duties 关税。 physical delivery of the good 实际交货。也就是说，按D组术语成交时，卖方应承担货物运至目的地的所有费用及风险，即在目的地履行其交货义务，因此，其性质上属于到达合同。II. CONTENT1. E TermE Term has only one termEXW. EX works means that the seller fulfills his obligations to deliver when he has made the goods available at his premises (i.e. works, factory, warehouse, etc) to the buyer. Under this term, unless the contract stipulates otherwise, the seller is not bound to2 load the goods on board the vehicle provided by the buyer, or to clear the goods for export3. The buyer bears all costs and risks involved in taking the goods from the sellers premises to the desired destination. Hence, this term represents the minimum obligation for the seller. 2. F TermsF Terms involves three termsFAS, FOB and FCA. FAS (Free Alongside Ship) means that the seller fulfills his obligation to deliver when the goods have been placed alongside the vessel on the quay or in the lighters4 at the name port of shipment. From that moment the buyer has to bear all costs and risks of the loss or damage to the goods. Under this term, the seller is bound to clear the goods for export. FOB (Free on Board) means that the seller fulfills his obligations to deliver when the goods, cleared for export, have passed over the rail of the vessel at the named port of shipment. This means that the buyer shall, from that point, be responsible for all costs and risks of the loss or damage to the goods. Under this term, it is the buyer who arranges the ship for the shipment of the goods. So, the parties must try to ensure that the goods and the ship arrive at the same loading port concurrently. The loss caused by the untimely arrival or delay of the ship shall be compensated by the buyer while the loss arising from the untimely arrival or delay of the goods will be covered by the seller. At the request of the buyer, the seller may make the charter party5 or book shipping space on behalf of the buyer, but the cost as well as the risk shall be covered by the buyer.FCA (Free from Carrier) means that the seller fulfills his obligations to deliver when he has handed over the goods, cleared for export, into the charge of the carrier named by the buyer at the appointed place or point. If the seller hands over the goods to the carrier at his own premises, the seller is bound to load the goods on board the vehicle, while the seller is not bound to unload the goods from the vehicle if the goods are handed over to the carrier at the place appointed by the buyer. This term may be used for any mode of transport, including the carriages by air, road, rail, sea, inland waterway, or by a combination of such modes.3. C TermsC Terms includes CFR, CIF, CPT, CIP.CFR (Cost and Freight) means that the seller covers the cost of carriage but does not bear the risk arising from the carriage of the goods. That is to say, the seller must pay the cost and freight necessary to bring the goods to the named port of destination but the risk of the loss or damage to the goods, as well as any additional cost due to the events occurring after the goods have been delivered on board the vessel, is transferred from the seller to the buyer when the goods pass over the rail of the vessel in the port of shipment. This term is only used for sea and inland waterway transport. Under this term, the buyer shall effect the insurance. CIF (Cost, Insurance and Freight) means that the seller shall not only have the same obligations as under CFR, but also procure marine insurance against the buyers risk of loss of or damage to the goods during the carriage.CPT (Carriage Paid To) means that the seller pays the freight for the carriage of the goods to the named destination. The risk of the loss of or damage to the goods, as well as any additional costs due to the event occurring after the time the goods have been delivered to the carrier, shall be transferred from the seller to the buyer when the goods have been handed over into the custody of the carrier. This term may be used for any mode of transport.CIP (Carriage Insurance Paid To) means that the seller shall have the same obligations as under CPT, in addition, the seller shall procure the insurance against the buyers risk of loss of or damages to the goods during the carriage.Under C and F terms, the symbolic delivery of the goods6is applied, that is, once the seller has delivered the goods and acquired the necessary documents, he is entitled to the payments of the goods even if the carriages are lost during the transit. If the goods are lost during the transit, the buyer, instead of the seller, is to ask the insurance company to cover the losses.So such delivery also means to transfer the necessary documents at the stipulated time.4. D TermsThis group contains five terms: DAF, DES, DEQ, DDU and DDP.DAT (Delivered at Frontier) means that the seller fulfills his obligation to deliver when the goods have been made available, cleared for export, at the named point or place at the frontier, but before the customs border of the adjoining country. This term is primarily intended to be used when the goods are to be carried by rail or road, but it may also be used for any other mode of transport.DES (Delivered Ex Ship) means that the seller fulfills his obligation to deliver when the goods have been made available to the buyer on board the ship at the named port of destination. The seller has to bear all costs and risks involved in bring the goods to the named port of destination. The buyer shall clear the goods for import. This term can only be used for sea or inland waterway transport.DEQ (Delivered Ex Quay) means that the seller fulfills his obligation to deliver when the goods have been made available to the buyer on the quay at the name port of destination. The seller shall bear all risks and costs of delivering the goods thereto. But the buyer shall clear the goods for import.DDU (Delivered Duty Unpaid) means that the seller fulfills his obligation to deliver when the goods have been made available to the buyer at the named place in the country of importation. The seller shall bear the risks and costs involved in bring the goods thereto. The buyer shall clear the goods for import and pay customs duties7.DDP (Delivered Duty Paid) means that the seller fulfills his obligation to deliver when the goods have been made available at the named place in the country of importation. Under this term, the seller shall not only bear costs and risks involved in bringing the goods thereto, but also clear the goods for import and pay customs duties. This term represents maximum obligations for the seller.E Term and D terms may be called physical delivery of the good8, that is, the seller shall deliver the contracted goods at agreed time, place and in the agreed manners to the buyer. Before the goods have been made available for the buyers disposal, the seller shall be responsible for all costs and risks.III.EXERCISE1. Explain the following terms in English:CIFCFRFOBFASCIPCPTDDUDDP2. Give the Chinese equivalents to the following terms: IncotermsCFR liner termsCFR ex tackleCFR landedCFR ex ships holdFOB trimmedFOB stowedFOB vessel3. Judge whether the following statements are true or false: EXW represents the minimum obligations for the seller, while DDP represents the maximum obligations. CIFC5% means CIF including 5% commission, while CIFD5% means CIF less 5% discount. Under CFR term, all risks concerning loss of or damages to the goods shall be transferred from the seller to the buyer when the goods pass over the rail of the vessel. According to Incoterms 2000, under FAS term the buyer shall be responsible for clearing the goods for export. According to Incot