国际贸易实务(英语)_帅建林_InternationalTradeTerms复习过程

1、国际贸易实务(英语)_帅建林_InternationalTradeTermsMeaning of international trade termsnDefinition: trade terms (price terms/delivery terms) are an important component of a unit price in international trade, standing for specific obligations of the buyer and the seller.They are abbreviations used to indicate the

2、 formation of the unit price and determine the responsibilities, expenses and risks borne by two parties as well as the time of the passing of the property in the goods. examples:US$750 per dozen CIF New YorkFFR1000 per M/T CFR Marseille International trade usagesnWarsaw-Oxford Rules 1932nRevised Am

3、erican Foreign Trade Definitions 1941nInternational Rules for the Interpretation of Trade TermsWarsaw Oxford Rules 1932nWarsaw Rules 1928Contains 22 clauses concerning CIF contractsnWarsaw Rules 1932Based on Warsaw Rules 1928, contains 21 clauses concerning the nature, risks and expenses borne by bo

4、th the seller and the buyer.Still in use.Revised American Foreign Trade Definitions 1941nOriginally The US Export Quotations and Abbreviations 1919 nRevised and renamed in 1941nSix trade terms: Ex Port of Origin, Ex Dock, Free on Board, Free Along Side, Cost & Freight, Cost, Insurance and Freigh

5、t.nApplicable in the USA, Canada and other countries in America.International Rules for the Interpretation of Trade TermsnAlso abbreviated as IncotermsnEstablished by the International Chamber of Commerce (ICC) in 1936, revised in 1953, 1967, 1976, 1980, 1990 and 2000.nAimed at providing uniform rul

6、es for the interpretation of trade termsCharacteristics of IncotermsComparative Edition of the obligations of both the buyer and the seller The sellers obligationsnProvision of goods in conformity with the contractnLicenses, official documents and customs formalitiesnContract of carriage and insuran

7、cenDeliverynTransfer of risksnDivision of costsnNotice to the buyernProof of delivery, transport document or equivalent electronic messagenChecking-packaging-markingnOther obligationsThe buyers obligationsnPayment for goodsnLicenses, official documents and customs formalitiesnContract of carriage an

8、d insurancenTaking deliverynTransfer of risksnDivision of costsnNotice to the sellernProof of delivery, transport document or equivalent electronic messagenInspection of goodsnOther obligationsStructure of Incoterms 2000nGroup E (departure): EXWnGroup F (main carriage unpaid) : FCA; FOB; FASnGroup C

9、 (main carriage paid) : CFR; CIF; CPT; CIPnGroup D (arrival): DAF; DES; DEQ; DDU; DDPEXW: Ex Works 工厂交货nEx works means that the seller fulfils his obligation to deliver when he has made the goods available at his premises (i.e. works, factory, warehouse, etc.) to the buyer. In particular, he is not

10、responsible for loading the goods on the vehicle provided by the buyer or for clearing the goods for export. nThe buyer bears all costs and risks involved in taking the goods from the sellers premises to the desired destination. This term thus represents the minimum obligation for the seller. This t

11、erm should not be used when the buyer cannot carry out directly or indirectly the export formalities. This term may be written in this way: US$ 100 per dozen ex works NingbonThis is also called the departure term. Under this term, the seller only covers the cost and liabilities of the manufacture or

12、 purchase of the goods while the buyer answers for all the other costs and liabilities. So in the quotations of price by the seller, this should be the lowest as under this term, the seller has the least liabilities and risks. nThis term is not only applicable to marine transportation of the goods,

13、but also to all the other modes of transportations, including multi-modal transport (MT).nCertainly, under EXW the seller should render assistance to the buyer upon request for clearance of customs, cargo inspection, export formalities and insurance, etc. EXW: Ex Works (named place)The sellers oblig

14、ationsnProvision of goods in conformity with the contractnCost of basic packingnNotice to the buyerThe buyers obligationsnPayment for goodsnLicenses, official documents and customs formalitiesnContract of carriage and insurancenTaking deliverynProof of delivery, transport document or equivalent elec

15、tronic messageTwo options:Ex works cleared for exportEx works uncleared for exportF TermsnF terms refer to FAS, FCA, FOB. They are different terms under which sellers or buyers fulfill their obligations in the delivery of goods. FAS is the short form of “Free Alongside Ship”, and FCA is the short fo

16、rm of “Free Carrier” while FOB is the short form of “Free On Board”. FCA Free Carrier 货交承运人货交承运人（指定地点）指定地点）nFree Carrier means that the seller fulfils his obligation to deliver when he has handed over the goods, cleared for export, into the charge of the carrier named by the buyer at the named place

17、 or point. If no precise point is indicated by the buyer, the seller may choose within the place or range stipulated where the carrier shall take the goods into his charge. When, according to the commercial practice, the sellers assistance is required in making the contract with the carrier (such as

18、 in rail or air transport), the seller may act at the buyers risk and expense.nThis term may be used for any mode of transport, including multi-modal transport. Carrier means any person who, in a contract of carriage, undertakes to perform or to procure the performance of carriage by rail, road, sea

19、, air, inland waterway or by a combination of such modes. If the buyer instructs the seller to deliver the cargo to a person, e.g. a freight forwarder who is not a Carrier, the seller is deemed to have fulfilled his obligation to deliver the goods when they are in the custody of that person.nUnder t

20、his term, the seller is to answer for the liabilities and charges from the purchase or manufacture of the goods, the freight from the production site to the site of delivery, export customs clearance and export commodity inspection. All the other charges and liabilities are to be born by the buyers.

21、 FCA: Free Carrier (named place) The sellers obligationsnProvision of goods in conformity with the contractnLicenses, official documents and customs formalitiesnClearing for exportnDelivery to the carriernProof of delivery, transport document or equivalent electronic messagenRisks and costs before d

22、elivering goods to the carrierThe buyers obligationsnPayment for goodsnContract of carriage and insurancenTaking deliverynNotice to the sellernRisks and costs after the sellers delivering goods to the carrier FAS - Free Alongside Ship 船边交货（船边交货（指指定装运港）定装运港）nFree Alongside Ship means that the seller

23、fulfils his obligation to deliver when the goods have been placed alongside the vessel on the quay or in lighters at the named port of shipment. This means that the buyer has to bear all costs and risks of the loss or damage to their goods from that moment. nThe FAS term requires the SELLER (INCOTER

24、MS2000) , not the buyer (INCOTERMS1990 requires the buyer) to clear the goods for export. This term can only be used for sea or inland waterway transport.nUnder this term, the seller answers for the cost and liabilities arising from the production or purchase of the goods and the carriage of the goo

25、ds to the loading port or, in land delivery, to the delivery place at the frontier.nUnder FAS, the seller must pay the costs of those checking operations (such as checking quality, measuring, weighing, counting) which are necessary for placing the goods at the disposal of the buyer. The seller must

26、provide at his own expense packaging that is required for the transport of the goods, to the extent that the circumstances relating to the transport (modalities, destination) are made known to the seller before the sales contract is concluded. Packaging is to be marked appropriately.FAS: Free Alongs

27、ide Ship (named port of shipment)The sellers obligationsnProvision of goods in conformity with the contractnClearing the goods for exportnDeliverynProof of deliverynCosts and risks before the goods are placed alongside the vesselThe buyers obligationsnPayment for goodsnContract of carriage and insur

28、ancenTaking deliverynTransport document or equivalent electronic messagenCosts and risks after the goods are place alongside the vesselnNotice to the sellerFOB Free on Board 船上交货船上交货（指定装运港）指定装运港）nFree on Board means that the seller fulfils his obligation to deliver when the goods have passed over th

29、e ships rail at the named port of shipment. This means that the buyer has to bear all costs and risks of loss or damage to the goods from that point.nThe FOB term requires the seller to clear the goods for export. This term can only be used for sea or inland waterway transport. When the ships rail s

30、erves no practical purpose, such as in the case of roll-on/roll-off or container traffic, the FCA term is more appropriate.nUnder this term, the seller has roughly the same liabilities as in the sales under FCA. The difference between FCA and FOB is that FOB is applicable only to marine transportati

31、on while FCA can be applied to all modes of transportations.nThe Particular Points about the Sales under FOB:n1) According to INCOTERMS 2000 (International Chamber of Commerce Terms), the seller fulfils his obligations to deliver when the goods have passed over the ships rail at the named port of sh

32、ipment, but it is often the practice that the seller sees the goods are delivered on board. Under such cases, the ships rail can be taken as the point where the seller and buyer divide their risks.n2) Under FOB, it is the buyer who arranges the ship for the shipment of the goods. So the parties must

33、 try to ensure that the goods and the boat arrive at the same loading port at the same time. The loss caused by the untimely arrival or delay of the ship should be compensated by the buyer while the loss arising from the untimely arrival or delay of the goods will be covered by the seller.nUnder FOB

34、, the seller sometimes also makes the charter party. But it is on the buyers behalf and the cost as well as the risk should be covered and borne by the buyern3) As the loading charges are concerned, they are usually covered by the buyer as the freight charged by the liners includes the loading, trim

35、ming, stowing, and the unloading charges. But under voyage charter party, the parties need to clarify in their contract who should cover the loading, trimming, or stowing charges.nThis is reflected in the variations of FOB:nFOB liner terms班轮条件班轮条件: The loading as well as trimming or stowing charges

36、will be covered by the buyer/carrier.nFOB under tackle钓钩下交货钓钩下交货: The seller fulfils his delivery when it has placed the goods under the tackle.nFOB stowed理舱费在内理舱费在内: The seller will bear the cost of stowing as well as loading.nFOB trimmed平舱费在内平舱费在内: The seller will bear the cost of trimming as well

37、 as loading.nFOBST: FOB Stowed and TrimmedFOB: Free on Board (named port of shipment) The sellers obligationsnProvision of goods in conformity with the contractnExport licenses, official documents and customs formalitiesnDeliverynProof of deliverynCosts and risks before the goods passing the ships r

38、ailnNotice to the buyerThe buyers obligationsnPayment for goodsnImport licenses, official documents and customs formalitiesnContract of carriage and insurancenTaking deliverynTransport document or equivalent electronic messagenRisks and costs after the goods passing the ships railDifferent Interpret

39、ation of FOBnRevised American Foreign Trade Definitions 1941 gives 6 forms of FOB. Under the first three forms, the seller delivers goods on the inland conveyance at the named place in the export country. Under the fourth type, delivery is made on the inland conveyance at the place of export. The fi

40、fth type requires delivery on board the vessel at the named port of shipment. With the sixth type, the seller is to deliver the goods at the named place within the import country. caution: confusion may arise when applying the fourth type and the fifth type as the place of delivery may appear to be

41、the same. For example, FOB San Francisco may refer to delivery either on inland conveyance within the city or on board the vessel at the port of San Francisco. To avoid confusion, a word “Vessel” should be added between FOB and the name of the port (FOB Vessel San Francisco) if delivery on board the

42、 vessel is intended.C TermsnC Terms refer to CFR, CIF, CPT, and CIP. Under the C terms, the seller will cover the cost arising from the main carriage.CFR Cost and Freight 成本加运费成本加运费 （指定目的港）指定目的港）nCost and Freight means that the seller must pay the costs and freight necessary to bring the goods to th

43、e named port of destination but the risk of loss or damage to the goods, as well as any additional costs due to events occurring after the time the goods have been delivered on board the vessel, is transferred from the seller to the buyer when the goods pass the ships rail in the port of shipment. T

44、he CFR term requires the seller to clear the goods for export.nThis term can only be used for sea and inland waterway transport. When the ships rail serves no practical purpose, CPT term is more appropriate to use. Under this term, the buyer will effect the insurance. The seller covers the cost of c

45、arriage but does not bear the risks arising from the carriage of the goods. Some additional points about CFR:n1)Under this term, the seller arranges the charter party or rent the ship space. According to INCOTERMS2000, he is obliged to contract on usual terms at his own expense for the carriage of t

46、he goods to the named port of destination by the usual route in a seagoing vessel (or, in inland waterway transport, an inland waterway vessel as appropriate) of the type normally used for the transport of the goods of the contract description. The buyer is not entitled to demand the seller to use a

47、 special boat, though such requirements can be met if the seller would grant his wish.n2) The discharge charges: like the business under FOB, if the cargoes are carried by a liner, the discharge charges will be included in the freight and be covered by the seller. For voyage charter carriage, the pa

48、rties should negotiate to determine who should bear the unloading charges. This will result in the variations of CFR.nThe terms under which the seller will bear the unloading charges:nCFR liner terms 班轮条件班轮条件nCFR ex tackle钓钩下交货钓钩下交货nCFR landed卸至码头卸至码头n4)The term under which the unloading charges wil

49、l be born by the buyer:nCFR ex ships hold 船底交货船底交货n5)The seller under CFR must give the buyer sufficient notice that the goods have been delivered on board the vessel as well as any other notice required in order to allow the buyer to take measures which are normally necessary to enable him to recei

50、ve the goods.n6)INCOTERMS2000 states that under CFR, the seller should provide the buyer, upon request, with the necessary information for procuring insurance. This means that the seller is not obliged to notify the buyer of the shipment for the insurance of the goods. But some countries stipulate t

51、hat the seller should notify the buyer of the shipment for the buyer to effect insurance, or the seller will bear the risks. Thus, to avoid disputes, the seller should give timely notice to the buyer to effect insurance.CFR: Cost and Freight (named port of destination) The sellers obligationsnProvis

52、ion of goods in conformity with the contractnExport licenses, official documents and customs formalitiesnContract of carriagenDeliverynRisks before the goods passing the rail of the vesselnNotice to the buyernProof of delivery, transport document or equivalent electronic messageThe buyers obligation

53、snPayment for goodsnContract of insurancenImport licenses, official documents and customs formalitiesnTaking deliverynRisks and additional costs after the goods passing the rail of the vesselCIF Cost, Insurance, and Freight 保险成保险成本加运费本加运费 （指定目的港）指定目的港）nCIF means that the seller has the same obligati

54、ons as under CFR but with the addition that he has to procure marine insurance against the buyers risk of loss of or damage to the goods during the carriage. The seller contracts for insurance and pays the insurance premium.nThe buyer should note that under the CIF term the seller is only required t

55、o obtain insurance on minimum coverage. The CIF term requires the seller to clear the goods for export. This term can only be used for sea and inland waterway transport. When the ships rail serves no practical purposes such as in the case of roll-on/roll-off or container traffic, the CIF term is mor

56、e appropriate to use. Some additional points about CIF:n1) Symbolic deliverynUnder CIF, the seller is obliged to effect insurance, but he does not bear the risk of loss or damage to the goods during transit. Once he has delivered the goods and acquired the necessary documents, he is entitled to the

57、payments of the goods even if the cargoes are lost. This is called symbolic delivery or documentary transaction. And if the goods are lost during transit, the buyer, instead of the seller, is to ask the insurance company to cover the losses, and usually the seller will render the necessary support.n

58、2)Insurance covernThe insurance should be contracted with underwriters/insurer or an insurance company of good reputation in accordance with the minimum cover of Institute Cargo Clauses,ICC (Institute of London Underwriters) or China Insurance Clauses. CIC When required by the buyer, the seller shal

59、l provide, at the buyers expense, war, strikes, riots, and civil commotion risk insurances if procurable. The minimum insurance shall cover the price provided in the contract plus ten percent and shall be provided in the currency of the contract.nIn practice, when two trading partners have reached a

60、n agreement under CIF, they usually stipulate in their contract what risks to cover and how much the insured amount is, so as to clarify the liabilities of the parties. n3) CIF variants nCIF Liner Terms班轮条件班轮条件: The seller or carrier pays for the charges for unloading.nCIF Landed卸致码头卸致码头: The seller cov