Terms_of_delivery_贸易术语.

1、Terms of Delivery Vital Aspects of a Transaction lResponsibilities and associated costs lTime and place of delivery lDocuments and expenses lTitle to goods the general introduction of trade terms lDefinition it is a kind of terminology used for indicating the composition of price of commodities as w

2、ell as illustrating the division of risks, obligations and cost for delivery of goods lThe purpose of trade term 1. Simplify procedure of transaction and shorten the time of negotiation l2.Reflect the composition of price and clarify the responsibilities of both sides International convention for tr

3、ade term lWarsaw-oxford rules 1932 lInstituted by : international law association lThe term it mainly expounds :CIF lRevised American Foreign Trade Definition 1941 six trade terms Big difference in explaining FOB and FAS from what INCOIERM 2000 describes INCOTERMS lInstituted by : International Cham

4、ber of Commerce lThe time of INCOTERMS 2000 being declared and taking effect l time: Jan 1 of the year 2000, totally having 13 kinds of terms( four groups ) l1. The Group “E” Term: Ex Works; Ex Mine; Ex Warehouse, where the seller/exporter make the goods available at his or her own premises to the b

5、uyer/importer. E term evidences “departure” contracts. INCOTERMS 2000 l2. The Group “F” Terms: FCA (Free Carrier), FAS (Free Alongside Ship) and FOB (Free on Board), where the seller/exporter is responsible for delivering the goods to a carrier named by the buyer. INCOTERMS 2000 l3. The Group “C” Te

6、rms: CFR (Cost and Freight), CIF (Cost, Insurance and Freight), CPT (Carriage Paid To) and CIP (Carriage and Insurance Paid To), where the seller/exporter/manufacturer is responsible for contracting and paying for carriage of the goods, but not responsible for additional costs or risk of loss or dam

7、age to the goods once they have been shipped. The group “C” terms evidence “shipment” contracts. INCOTERMS 2000 l4. The Group “D” Terms: DAF (Delivered At Frontier), DES (Delivered Ex Ship), DEQ (delivered Ex Quay), DDU (Delivered Duty Unpaid) and DDP (Delivered Duty Paid), where the seller/exporter

8、/manufacturer is responsible for all costs and risks associated with bringing the goods to the place of destination. The group “D” terms evidence “arrival” contracts. EXW:EX WORKS(named place) “Ex works” means that the seller delivers when he places the goods at the disposal of the buyer at the sell

9、ers premises or another named place (i. e. was, factory, warehouse, etc) not cleared for export and not loaded on any collecting vehicle. This term thus represents the minimum obligation for the seller, and tile buyer has to bear all costs and risks involved in talking the goods from the sellers pre

10、mises. This term should not be used when the buyer cannot carry out the export formalities directly or indirectly. Buyers responsibility: 1.accept the goods provided by seller at time and place stipulated in the contract, pay the price. 2.Undertake all the risk and cost after acceptance of the goods

11、 3.Get the ex/import license and bear all the cost of customs clearance at his own cost and risk. Discussion Case Study l某公司按EXW条件出口一批电缆，但在交货 时，买方以电缆的包装不适宜出口运输为由， 拒绝提货和付款. l问：买方的行为是否合理？ Reference Answer l1.买方的行为是不合理的，我方应拒绝。 l2.本案例涉及EXW条件下交货的问题，根据2000年国际贸易 术语解释通则的规定：在EXW术语中，除非合同中有相反规 定，卖方一般无义务提供出口包装，

12、如果签约时已明确该货物是 供出口的，并对包装的要求作出了规定，卖方则应按规定提供符 合出口需要的包装。 l3.结合本案例，卖方在交货时以电缆的包装不适宜出口运输为由 拒绝提货和付款，并没有说不符合合同规定，由此说明，在合同 中并无有关货物包装的规定，根据惯例，故买方以此借口拒付货 款和提货理由是不充分的。 F组组 lFCA 徐亚娟 lFAS 肖昱东 lFOB 李党庆 Free Carrier (FCA Named Place) lIt means that the seller delivers the goods, cleared for export, to the carrier nom

13、inated by the buyer at the named place. It should be noted that the chosen place of delivery has an impact on the obligations of loading and unloading the goods at that place. The Sellers Responsibilities under FCA lPut the goods under the carriers control at the time, place stipulated in the contra

14、ct, notify the buyer. lUndertake all the cost and risk before passing the goods to the carrier. lGet export license and other official document required and clear customs for export. lProvide commercial invoice or e-message of the same function, and provide proof of shipment. The Buyers Responsibili

15、ties under FCA lMake the shipment contract, pay the carriage and notify the sellers of the carriers information. lAccept the goods provided by seller at time and place stipulated in the contract, pay the price. l undertake all the risk and cost after acceptance of the goods. lGet the import license

16、and bear all the cost of customs clearance at his own cost and risk. FAS: Free Alongside Ship(named port of shipment) lFAS means that the seller delivers when the goods have been placed alongside the vessel at the named port of shipment. This means that the buyer has to bear all costs and risks of l

17、oss of or damage to the goods form that moment. This term requires the seller to clear the goods for export. The parties are well advised to specify as clearly as possible the loading point at the named port of shipment, as the costs and risks to that point are for the account of the seller and thes

18、e costs and associated handling charges may vary according to the practice of the port. The seller is required either to deliver the goods already so delivered for shipment. lThis rule is to be used only for sea or inland waterway transport. Sellers responsibilities lProvision of goods in conformity

19、 with the contract. Place the goods at the disposal of the buyer alongside the ship, notify the buyer. l Get export licenses , authorizations, security clearances and other formalities. And carry out the export procedures. lUndertake all the cost and risk before passing the goods to carrier. (transf

20、er of risk ) lProvide commercial invoice or e-message of the same function, and provide proof of shipment Buyers responsibilities lTake delivery of the goods alongside the ship, pay the carriage, and notify the seller. l Get import licenses , authorizations, security clearances and other formalities

21、 lUndertake all the risk and cost after acceptance of the goods. Delivery point: at port of shipment Attention lIf vessel unable to enter the port due to force majored, the seller is responsible for arranging and paying for the lighters to send the goods alongside the vessel offshore. lIf the buyer

22、fails to notify the seller of the name of the vessel, and the port of shipment within the prescribed period, the buyer would bear all the consequential cost and risk form the expiry date of the notification period. FOB：Free on Board (named port of shipment) l“Free on Board” means that the seller del

23、ivers 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 from that point. The FOB term requires the seller to clear the goods for export. This term can be used only for sea or inland waterway t

24、ransport. If the parties do not intend to deliver the goods across the ships rail, the FCA term could be used. The buyer must contract at his own expense for the carriage of the goods from the named port of shipment. lNotice to the seller lThe buyer must give the seller sufficient notice of the vess

25、el name, loading point and required delivery time. Sellers responsibilities lTransport the goods to the port of shipment and deliver it to the board of the named ship at the time and pot stipulated in the contract; notify the buyer within reasonable time. lUndertake all the cost and risk before tran

26、sporting the goods on board the ship at the port of shipment lGet the export license and bear all the cost of customs clearance at his own cost and risk lProvision of commercial invoice and clean bill that can prove the sellers shipment or e-message of the same function Buyers responsibilities lMake

27、 the contract of shipment and arrange it to the port of shipment, pay carriage, notify the Seller of the information of the Carrier lAccept the goods provided by Seller at time and place stipulated in the contract, pay the price lUndertake all the risk and cost after acceptance of the goods lGet the import license and bear all the cost of customs clearance at his own cost and risk Points for Attention in Using FOB Term lVariants of FOB term are only