国际贸易实务 第11周

1、第4章1a5 transfer of risksthe seller bears all risks of loss of or damage to the goods until they have been delivered in accordance with a4 with the exception of loss or damage in the circumstances described in b5.b5 transfer of risksthe buyer bears all risks of loss of or damage to the goods from the

2、 time they have been delivered as envisaged in a4. if a) the buyer fails to notify the nomination of a vessel in accordance with b7; or b) the vessel nominated by the buyer fails to arrive on time to enable the seller to comply with a4, is unable to take the goods, or closes for cargo earlier than t

3、he time notified in accordance with b7; then, the buyer bears all risks of loss of or damage to the goods: (i) from the agreed date, or in the absence of an agreed date, (ii) from the date notified by the seller under a7 within the agreed period, or, if no such date has been notified, (iii) from the

4、 expiry date of any agreed period for delivery, provided that the goods have been clearly identified as the contract goods. 第4章2a6 allocation of coststhe seller must pay a) all costs relating to the goods until they have been delivered in accordance with a4, other than those payable by the buyer as

5、envisaged in b6; and b) where applicable, the costs of customs formalities necessary for export, as well as all duties, taxes and other charges payable upon export.b6 allocation of coststhe buyer must pay a) all costs relating to the goods from the time they have been delivered as envisaged in a4, e

6、xcept, where applicable, the costs of customs formalities necessary for export, as well as all duties, taxes and other charges payable upon export as referred to in a6 b); b) any additional costs incurred, either because: (i) the buyer has failed to give appropriate notice in accordance with b7, or

7、(ii) the vessel nominated by the buyer fails to arrive on time, is unable to take the goods, or closes for cargo earlier than the time notified in accordance with b7, provided that the goods have been clearly identified as the contract goods; and c) where applicable, all duties, taxes and other char

8、ges, as well as the costs of carrying out customs formalities payable upon import of the goods and the costs for their transport through any country. 第4章3a7 notices to the buyer the seller must, at the buyers risk and expense, give the buyer sufficient notice either that the goods have been delivere

9、d in accordance with a4 or that the vessel has failed to take the goods within the time agreed.b7 notices to the seller the buyer must give the seller sufficient notice of the vessel name, loading point and, where necessary, the selected delivery time within the agreed period. 第4章4a8 delivery docume

10、nt the seller must provide the buyer, at the sellers expense, with the usual proof that the goods have been delivered in accordance with a4. unless such proof is a transport document, the seller must provide assistance to the buyer, at the buyers request, risk and expense, in obtaining a transport d

11、ocument.b8 proof of delivery the buyer must accept the proof of delivery provided as envisaged in a8. 第4章5a9 checking - packaging - marking the seller must pay the costs of those checking operations (such as checking quality, measuring, weighing, counting) that are necessary for the purpose of deliv

12、ering the goods in accordance with a4, as well as the costs of any pre-shipment inspection mandated by the authority of the country of export. the seller must, at its own expense, package the goods, unless it is usual for the particular trade to transport the type of goods sold unpackaged. the selle

13、r may package the goods in the manner appropriate for their transport, unless the buyer has notified the seller of specific packaging requirements before the contract of sale is concluded. packaging is to be marked appropriately.b9 inspection of goods the buyer must pay the costs of any mandatory pr

14、e-shipment inspection, except when such inspection is mandated by the authorities of the country of export. 第4章6a10 assistance with information and related coststhe seller must, where applicable, in a timely manner, provide to or render assistance in obtaining for the buyer, at the buyers request, r

15、isk and expense, any documents and information, including security-related information, that the buyer needs for the import of the goods and/or for their transport to the final destination. the seller must reimburse the buyer for all costs and charges incurred by the buyer in providing or rendering

16、assistance in obtaining documents and information as envisaged in b10.b10 assistance with information and related coststhe buyer must, in a timely manner, advise the seller of any security information requirements so that the seller may comply with a10. the buyer must reimburse the seller for all co

17、sts and charges incurred by the seller in providing or rendering assistance in obtaining documents and information as envisaged in a10. the buyer must, where applicable, in a timely manner, provide to or render assistance in obtaining for the seller, at the sellers request, risk and expense, any doc

18、uments and information, including security-related information, that the seller needs for the transport and export of the goods and for their transport through any country. 第4章7fob工作、费用、风险划分(简略）1. 买方未将租船信息及时通知卖方，或2. 买方指定的船只未按时到达，或3. 船只不能接收货物，或4. 船只提前截止装货，工作风险费用卖方1、将货物送交到装运港买方指定的船只上2、办理出口报关手续1、承担货物装上

19、船只之前的风险1、承担货物装上船只之前的费用买方1、租船订舱，将船期、船名通知卖方2、办理进口报关手续1、承担货物装上船只之后的风险1、承担货物装上船只之后的费用，特别是装港到港运费非正常情况以双方约定的日期，或卖方通知日期，或最后装期为界限 以货物装上船只为界限，但买方还要承担非正常情况导致的额外费用第4章8使用fob的注意事项 1.船货衔接买方应尽早将船期、船名通知卖方，以便卖方顺利交货 2.fob的变形 （租船运输时，装船费用的划分）fob liner terms fob 班轮条件 买方承担装船费用fob under tackle fob吊钩下交货 买方承担装船费用fob stowed

20、fob理舱 卖方承担装船费用fob trimmed fob平舱 卖方承担装船费用3.fob的界限incoterms的界限是工作、风险、费用三界合一，以货物装上船只为界，实际使用时费用界线前后移动, 例如，fob under tackle则将费用界限从船上前移到船边的吊钩半径范围之内 4. incoterms与美国外贸定义对fob的不同解释第4章91990年美国对外贸易定义修订本的fob分为6种2.1) fob (named inland carrier at named inland point of departure) 在指定内陆发货地点的指定内陆运输工具上交货2.2) fob (name

21、d inland carrier at named inland point of departure) freight prepaid to (named point of exportation) 在指定内陆发货地点的指定内陆运输工具上交货，运费预付到指定的出口地点2.3) fob (named inland carrier at named inland point of departure) freight allowed to (named point) 在指定内陆发货地点的指定内陆运输工具上交货，减除至出口地点的运费 2.4) fob (named inland carrier a

22、t named inland point of exportation) 在指定出口地点的指定内陆运输工具上交货 2.5) fob vessel (named port of shipment) 在指定装运港的船上交货价2.6) fob (named inland point in country of importation) 在进口国的指定内陆地点交货第4章10举例说明美国对外贸易定义修订本6种fob内陆发货点：湖北黄石市出口地：湖北武汉市，进口地：美国los angeles 交货点费用点风险点2.1黄石黄石黄石2.2黄石武汉（运费预付）黄石2.3黄石武汉（运费到付）黄石2.4武汉（关山二

23、路）武汉（关山二路）武汉（关山二路）2.5武汉（江汉关码头）武汉（江汉关码头）武汉（江汉关码头）2.6los angeles, usalos angeles, usalos angeles, usa第4章11incoterms与美国外贸定义（第四、第五种）对fob的不同解释incoterms美国外贸定义第四种美国外贸定义第五种fob的表达形式fob wuhan,china incoterms 2010fob wuhan,chinafob vessel wuhan,china交货点wuhan港口船上交货wuhan内陆运输工具上交货wuhan港口船上交货风险点船只wuhan内陆运输工具船只出口手续

24、卖方负责出口许可证和出口报关卖方协助买方办理出口许可证, 且买方承担费用卖方协助买方办理出口许可证, 且买方承担费用因此，我国公司与北美公司签订进口合同时应注意：1、使用fob vessel named port of shipment，2、应书面确定卖方负责办理出口许可证和出口报关，并承担费用。第4章12cost and freightcfr (insert named port of destination, 插入指定目的港 ) incoterms 2010例4.2 cfr los angeles, usa incoterms 2010 简略定义： cfr是指，卖方安排船只，支付装运港到目

25、的港运费，在指定装运港交货。货物装上船只时，风险和其他费用从卖方转移到买方。 cfr仅适用于船舶运输第4章13cfr defined in incoterms 2010 “cost and freight” means that the seller delivers the goods on board the vessel or procures the goods already so delivered. the risk of loss of or damage to the goods passes when the goods are on board the vessel. t

26、he seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination.第4章14remarks on the above definition 1/2 this rule is to be used only for sea or inland waterway transport. when cpt, cip, cfr or cif are used, the seller fulfils its obligation to

27、 deliver when it hands the goods over to the carrier in the manner specified in the chosen rule and not when the goods reach the place of destination. this rule has two critical points, because risk passes and costs are transferred at different places. while the contract will always specify a destin

28、ation port, it might not specify the port of shipment, which is where risk passes to the buyer. if the shipment port is of particular interest to the buyer, the parties are well advised to identify it as precisely as possible in the contract. the parties are well advised to identify as precisely as

29、possible the point at the agreed port of destination, as the costs to that point are for the account of the seller. the seller is advised to procure contracts of carriage that match this choice precisely. if the seller incurs costs under its contract of carriage related to unloading at the specified point at the port of destination, the