国际贸易术语.doc

International Commercial Terms Export prices are quoted in various ways. The major systems available for use in quoting prices are known as trade terms. The use of such term as FOB, FAS, CFR, and CIF is important with regard to specifying not only where the exporters responsibility and liability end (and the buyers responsibility and liability begin ), but they determine the costs which the export will bear. Thus, it is customary in the calculation of a prices quotation to add the appropriate costs the basic prices. The system of definitions that is most widely used by exporters throughout the world is “Incoterms” (developed by the International Chamber of Commerce). The purpose of “Incoterms” is to provide a set of international rules for the Interpretation of the most commonly used trade terms in international trade. Thus, the uncertainties of different interpretations of such terms in different countries can be avoided or at least reduced to a considerable degree. Frequently parties to a contract are unaware of the different trading practices in their respective counties. This can give rise to misunderstandings, disputes and litigation with all the waste of time and money that this entails. In order to remedy these problems the International Chamber of Commerce first published in 1936 a set of international rules for the interpretation of trade terms. These rules were known as “Incoterms 1936”, Amendments and additions were later made in 1953, 1967,1976, 1980, 1990 and presently 2000 in order to bring the rules in line with current international trade practices. Comparison of trade terms In 1990, for ease of understanding, the terms were grouped in four basically different categories: namely starting with the term whereby the seller only makes the goods available to the buyer at the sellers own premises (the “E”-term Ex Works); followed by the second group whereby the seller is called upon to deliver the goods to a carrier appointed by the buyer (the “F”-terms FCA, FAS and FOB); continuing with the “C”-terms where the seller has to contract for carriage, but without assuming the risk of loss of or damage to the goods or additional costs due to events occurring after shipment and dispatch (CFR, CIF, CPT and CIP); and, finally, the “D”-terms whereby the seller has to bear all costs and risks needed to bring the goods to the place of destination (DAF, DES, DEQ, DDU and DDP).Let us give an explanation of the major general terms.(1)Ex Works This term means that the seller delivers when he places the goods at the disposal of the buyer at the sellers premises or another named place (i. e. works, factory, warehouse, etc.) not cleared for export and not loaded on any collecting vehicle. The buyer has to bear all costs and risks involved in taking the goods from the sellers premises. (2)Free Carrier (FCA) This term means that the seller delivers the goods, cleared for export, to the carrier nominated by the buyer at the named place. It should be noted that the closed place of delivery has an impact on the obligations of loading and unloading the goods at that place. If delivery occurs at any other place, the seller is not responsible for unloading.(3)Free Alongside Ship (FAS) This term means that the seller delivers when the goods are placed alongside the vessel at the named port of shipment. This means that the buyer has to bear all costs and risks of loss of or damage to the goods from that moment. This term requires the seller to clear the goods for export.(4)Free on Board (FOB) This term means that the seller delivers when the goods pass the ships rail at the named port of shipment. This means that the buyer has to bear all costs and risks of loss of or damage to the goods form that point. This term requires the seller to clear the goods for export. (5)Costs and Freight (CFR) This term means that the seller delivers when the goods pass the ships rail in the port of shipment. The seller must pay the costs and freight necessary to bring the goods to the named port of destination but the risk of loss of or damage to the goods, as well as any additional costs due to events occurring after the time of delivery, are transferred from the seller to the buyer. This term require the seller to clear the goods for export.(6)Cost, Insurance and Freight (CIF) This term means that the seller delivers when the goods pass the ships rail in the port of shipment. The seller must pay the costs and freight necessary to bring the goods to the named port of destination but the risk of loss of or damage to the goods, as well as any additional costs due to events occurring after the time of delivery, are transferred form the seller also has to procure marine insurance against the buyers risk of loss of or damage to the goods during the carriage. Consequently, the seller contracts for insurance and pays the insurance premium. The buyer should note that under this term the seller is required to obtain insurance only on minimum cover. Should the buyer wish to have the protection of greater cover, he would either need to agree as such expressly with the seller or to make his own extra insurance arrangements. This term requires the seller to clear the goods for export.(7)Delivered at Frontier (DAF) This term means that 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 term “frontier” may be used for any frontier including that of the country of export. Therefore, it is of vital importance that the frontier in question be defined precisely by always naming the point and place in the term. (8) Delivered Ex Ship (DES) This term means that the seller delivers when the goods are placed at the disposal of the buyer on board the ship note cleared for import at the named port of destination. The seller has to bear all the costs and risks involved in bringing the goods to the named port of destination before discharging. 中文译文国际贸易术语出口报价是以各种方式报出的。主要使用那些报价方法被称为贸易术语。例如像FOB、FAS、CFR、CIF用于进口不仅指明了出口方的责任及义务（买房子最初的责任及义务），而且它们还决定出口所负担的成本。因此，习惯在报价的计算中基本价格的基础上加上恰当的费用。遍及世界被出口商广泛应用的定义的体系是国际贸易术语解释通则（是由国际商会颁布的）国际贸易术语解释通则的意图是为了提供一整套国际规则，为了解释在国际贸易中普遍应用的贸易术语。因此，在不同国家那些贸易术语有不同不确定的解释能够避免或减少不得不考虑的因素。通常对于在不同国家的不同贸易实践中对合同条款的不理解能够导致一些误解和诉讼在这些造成了时间和金钱的浪费。国际商会为了解释这些问题在1936年首次颁布了对于贸易术语的解释的一套国际规则，这些规则被命名为“1936国际贸易术语解释通则”后来在1953、1967、1976、1980、1990、2000又附加了一些规则为了与当前的国际贸易实践相一致。贸易术语的比较1990年，为了便于理解，将所用的术语分成四个基本不同的类型。第一组为“E组”（EX WORKS），卖方仅在自己的地点为买方备妥货物；第二组“F组”（FCA、FAS和FOB），指卖方须将货物交给买方指定的承运人；第三组“C组”（CFR、CIF、CPT和CIF），指卖方须订立运输合同，但对货物灭失或损坏的风险以及装船和起运后发生意外所产生的额外费用，卖方不承担责任；第四组“D组”（DAF、DES、DEQ、DDU和DDP），指卖方须承担把货物交至目的地国所需的全部费用和风险。让我们列举几个主要的贸易术语。（1）工厂交货 这个术语是指当卖方在其所在地或或其他指定地点（如工场、工厂或仓库等）将货物交给买方处置时，即完成交货，卖方办理出口清关手续或将货物装上任何运输工具。买方不得不承担所有的费用和风险。（2）货交承运人 这个术语是在指定的地点卖方将货物交给买方指定的承运人并办理出口清关手续。应该注意的是在指定的交货地点卖方的义务是把货物装上运输工具而无须卸货。如果交货地点在其他