进出口实务2.

1、International Trade TermsInternational Trade Terms Chapter TwoChapter Two 2 2.1 Three sets of rules lWarsaw-Oxford Rules 1932 lRevised American Foreign Trade Definitions 1941 lInternational Rules for the Interpretation of Trade Terms 2010 3 Warsaw-Oxford Rules 1932 lInitially in 1928-“Warsaw Rules,

2、1928” 22 provisions governing the rights and obligations of the parties to a sale of goods on CIF (Cost, Insurance and Freight) contract terms. lRevised in 1932-the “Warsaw-Oxford Rules 1932” 21 provisions again mainly about CIF 4 Revised American Foreign Trade Definitions 1941 l Defines 6 terms: Ex

3、 Point of Origin FOB (free on board) FAS (free along side) l 6 variants of FOB FOB (named inland carrier at named inland point of departure) FOB (named inland carrier at named inland point of departure) Freight Prepaid to (named point of exportation) FOB (named inland carrier at named inland point o

4、f departure) Freight Allowed to (named point of exportation) FOB (named inland carrier at named inland point of exportation) FOB Vessel (named port of shipment) Incoterms FOB FOB (named inland point in country of importation) C lExport customs clearance Usu. buyers responsibility, sometimes seller d

5、oes it for buyer, but bears no risks 13 The “F” terms (FCA, FAS, FOB) l Shipment contract l Seller delivers the goods for carriage as instructed by the buyer l buyer pays freight and signs carriage contract with carrier and notify seller l FAS & FOB only for sea or inland waterway transportation mod

6、e l Sellers obligation, cost and risk transfers to buyer after delivery of the goods lSellerexporting license and export customs clearance l Buyerimporting license and import customs clearance 14 FCA Free Carrier (. Named place) lTransfer of risks goods at the disposal of the (1st) carrier lDelivery

7、 point If at sellers site, seller responsible for loading If anywhere else, seller responsible for delivering the goods to the point required, but not responsible for unloading or reloading 15 FAS Free Alongside Ship (named port of shipment) lDelivery point: at port of shipment lTransfer of risk: go

8、ods put alongside the vessel If vessel unable to enter the port due to force majeure, the seller is responsible for arranging and paying for the lighters to send the goods alongside the vessel offshore. (seller pays for lighter charges) 16 Free on Board ( named port of shipment) lDelivery point: at

9、port of shipment lTransfer of risks: goods loaded on board the ship lCost and obligation: the seller is paying for the necessary handling of goods until they are loaded onboard the vessel. lStrictly speaking, transfer of risks transfer of obligation and cost 17 The “C” terms （CFR, CIF, CPT, CIP） lSh

10、ipment contracts lSeller contract for carriage on usual terms at his own expense. lCFR & CIF only for sea or inland waterway transportation mode lUnder CIF and CIP, seller also takes out insurance and insurance cost. 18 The “C” terms （CFR, CIF, CPT, CIP） lTwo “critical” points Port (place) of shipme

11、nt to which the buyer takes over the risks Port (place) of destination to which the seller is bound to arrange and bear the costs of a contract of carriage 19 Cost and Freight ( named port of destination) l Shares every feature with FOB except for ocean freight charge l Freight at sellers cost Selle

12、r pay the normal transport cost for the carriage of the vessel by a usual route and in a customary manner to the agreed place Buyer take the risk of loss or damage to the goods and additional costs resulting from events occurring after the delivery of the goods l Obligation: sellers responsibility f

13、or booking shipping space and getting goods ready for shipment in due time to notify to buyer about the delivery of goods (Shipping advice) so as to facilitate buyer to fulfill insurance procedures Note: notification is more important under CFR than under FOB and CIF 20 Cost, Insurance and Freight (

14、 named port of destination) lOne step forward from CFR lInsurance born by seller Insurance for the buyer lThe seller pays for the insurance, but he does not take the risk of the cargo. Seller responsible for “min. coverage” lIf required by buyer and at buyers expense, additional coverage such as war

15、, strike can be added lSeller has no responsibility to guarantee the arrival of the goods at the destination. 21 CPT Carriage Paid to ( named place of destination) l CPT is similar to CFR l Differences: Mode of transport lCPT any mode lCFR Sea or Inland Waterway Delivery point l CPT inland place or

16、port of shipment l CFR port of shipment Transfer of risks l CPT goods delivered to carrier l CFR goods loaded on board the ship 22 CIP Carriage and Insurance Paid to ( named place of destination) l CIP is similar to CIF l Differences: Mode of transport l CIP any mode l CIF sea or inland waterway Del

17、ivery point l CIP inland place or port of shipment l CIF port of shipment Transfer of risks l CIP goods at the disposal of carrier l CIF goods loaded on board the ship Freight and insurance l CIP whole journey freight and insurance l CIF ocean freight and insurance 23 The “D” terms （DAT, DAP, DDP） l

18、Arrival contracts seller bear all risks and costs in bringing the goods to the agreed place or point of destination at the border or within the country of import. lSellers responsibility max. lSeller responsible for both export and import customs clearance under DDP 24 DAT Delivered at Terminal ( na

19、med terminal at port or place of destination) lTerminal: the end of a railway line, bus line, or the centre used by cargo departing for or arriving from. lDelivery point: at the nominated terminal lTransfer of risks: at the nominated terminal lNote: The goods are unloaded from the transporting vehic

20、le. 25 DAP Delivered at Place( named place of destination) l DAP similar to CPT l Differences: Place of delivery l DAP port of destination, CPT the first carrier Transfer of risks l DAP the seller bears all risks involved in bringing the goods to the named destination. l CPT goods pass over to the f

21、irst carrier 26 lDDP sellers obligation max.: seller provides a “door-to-door” delivery and bears the entire risk of loss until the goods are placed in the buyers premises. lSeller is also responsible for import customs clearance and other payments of domestic duties in the importing country lApplie

22、d unless the seller has the resources and capability to handle all the procedures. DDP Delivered Duty Paid ( named place of destination) 27 Trade Terms Place of DeliveryDivision of Risks Ex. clear ance Contract of Im. clear ance Mode of transport carria ge insur ance EXWSellers premisesGoods at the

23、disposal of buyerBBBBAny mode FCAInland place or port of shipment Goods at the disposal of carrierSBBBAny mode FASPort of shipmentGoods placed alongside the vesselSBBBSea or inland waterway FOBPort of shipmentGoods pass the ships railSBBBSea or inland waterway CFRPort of shipmentGoods pass the ships

24、 railSSBBSea or inland waterway CIFPort of shipmentGoods pass the ships railSSSBSea or inland waterway CPTInland place or port of shipment Goods at the disposal of carrierSSBBAny mode CIPInland place or port of shipment Goods at the disposal of carrierSSSBAny mode DATTerminal at port or place of des

25、tination Goods unloaded, at the disposal of buyerSSSBAny mode DAPInland place or port of destination Goods not unloaded, at the disposal of buyer SSSBAny mode DDPInland place in the importing country Goods at the disposal of buyerSSSSAny mode Intercoms 2010 Group Analysis 28 Variant l FOB Liner Term

26、s (FOB班轮条件） l FOB Under Tackle (FOB吊钩下交货） l FOB Stowed & Trimmed (FOB理舱，平舱费在内） l CFR/CIF Liner Terms （班轮条件） l CFR/CIF Landed （卸至码头） l CFR/CIF Ex Tackle （吊钩下交接） l CFR/CIF Ex Ships Hold （舱底交接） Seller pays: Least Most Most Least 29 Important Note The variant of transport cost bearing DOES NOT change th

27、e nature of the term: the risk implication remains same all the time. 30 2.3 Application issues 2.3.1 Customs Clearance Referring to both the payment of duty and the performance of any administrative matters EXW - buyers for both import and export customs clearance DDP - sellers for both import and

28、export customs clearance For other terms, buyers for import customs clearance while sellers for export customs clearance 31 2.3 Application issues 2.3.2 Quality Confirmation Sellers expense to cover checking operations: quality control during the production, measuring, weighing and counting a the ti

29、me of delivery Buyers necessity to inspect the goods before taking delivery, hence he must pay pre-shipment inspection Seller pay any costs of inspections mandated by the local authorities which is normally part of customs clearance 32 2.3 Application issues 2.3.3 Shipment Notice The party arranges

30、shipment shall provide his counterpart with sufficient notice related to the transportation. Necessary information include: the name of the carrier, the mode of transport, the date or period for delivery, etc. Inability to provide sufficient and prompt shipment notice to the counterpart may lead to

31、the failure of transfer or advanced transfer of risk. Notification is especially significant under CFR. 33 2.3 Application issues 2.3.4 Shipment Contract term vs. Arrival Contract term Shipment contract term: lUnder which the delivery will happen at the time or before the time of shipment lseller no

32、t responsible for loss or risk of goods being carried after the time of shipment Arrival Contract term: lWhich specifies the seller to deliver at the time of arrival lseller responsible for all risks before the arrival of the goods carried 34 2.3 Application issues 2.3.5 Symbolic delivery vs. Actual delivery SD: delivery completes when seller submits the shipping documents (eg. B/L) to buyer AD: delivery completes when seller physically delivers the goods to buyer 35 2.4 Choice of Trade Terms lDetermined by the acceptance of cost, obligation and