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1、International Trade Terms,Chapter Two,2,2.1 Three sets of rules,Warsaw-Oxford Rules 1932 Revised American Foreign Trade Definitions 1941 International Rules for the Interpretation of Trade Terms 2010,3,Warsaw-Oxford Rules 1932,Initially in 1928-“Warsaw Rules, 1928” 22 provisions governing the rights

2、 and obligations of the parties to a sale of goods on CIF (Cost, Insurance and Freight) contract terms. Revised in 1932-the “Warsaw-Oxford Rules 1932” 21 provisions again mainly about CIF,4,Revised American Foreign Trade Definitions 1941,Defines 6 terms: Ex Point of Origin FOB (free on board) FAS (f

3、ree along side) 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 of departure) Freight Allowed to (named point

4、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 Export customs clearance Usu. buyers responsibility, sometimes seller does it for buyer, but bears no risks,13,The “F

5、” terms (FCA, FAS, FOB),Shipment contract Seller delivers the goods for carriage as instructed by the buyer buyer pays freight and signs carriage contract with carrier and notify seller FAS & FOB only for sea or inland waterway transportation mode Sellers obligation, cost and risk transfers to buyer

6、 after delivery of the goods Sellerexporting license and export customs clearance Buyerimporting license and import customs clearance,14,FCA Free Carrier (. Named place),Transfer of risks goods at the disposal of the (1st) carrier Delivery point If at sellers site, seller responsible for loading If

7、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),Delivery point: at port of shipment Transfer of risk: goods put alongside the vessel If vessel unable to enter the port

8、 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,FOB Free on Board ( named port of shipment),Delivery point: at port of shipment Transfer of risks: goods loaded on board th

9、e ship Cost and obligation: the seller is paying for the necessary handling of goods until they are loaded onboard the vessel. Strictly speaking, transfer of risks transfer of obligation and cost,17,The “C” terms (CFR, CIF, CPT, CIP),Shipment contracts Seller contract for carriage on usual terms at

10、his own expense. CFR & CIF only for sea or inland waterway transportation mode Under CIF and CIP, seller also takes out insurance and insurance cost.,18,The “C” terms (CFR, CIF, CPT, CIP),Two “critical” points Port (place) of shipment to which the buyer takes over the risks Port (place) of destinati

11、on to which the seller is bound to arrange and bear the costs of a contract of carriage,19,CFR Cost and Freight ( named port of destination),Shares every feature with FOB except for ocean freight charge Freight at sellers cost Seller pay the normal transport cost for the carriage of the vessel by a

12、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 Obligation: sellers responsibility for booking shipping space and getting goods ready for shipment in due

13、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,CIF Cost, Insurance and Freight ( named port of destination),One step forward from CFR Insurance bo

14、rn by seller Insurance for the buyer The seller pays for the insurance, but he does not take the risk of the cargo. Seller responsible for “min. coverage” If required by buyer and at buyers expense, additional coverage such as war, strike can be added Seller has no responsibility to guarantee the ar

15、rival of the goods at the destination.,21,CPT Carriage Paid to ( named place of destination),CPT is similar to CFR Differences: Mode of transport CPT any mode CFR Sea or Inland Waterway Delivery point CPT inland place or port of shipment CFR port of shipment Transfer of risks CPT goods delivered to

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

17、oods at the disposal of carrier CIF goods loaded on board the ship Freight and insurance CIP whole journey freight and insurance CIF ocean freight and insurance,23,The “D” terms (DAT, DAP, DDP),Arrival contracts seller bear all risks and costs in bringing the goods to the agreed place or point of de

18、stination at the border or within the country of import. Sellers responsibility max. Seller responsible for both export and import customs clearance under DDP,24,DAT Delivered at Terminal ( named terminal at port or place of destination),Terminal: the end of a railway line, bus line, or the centre u

19、sed by cargo departing for or arriving from. Delivery point: at the nominated terminal Transfer of risks: at the nominated terminal Note: The goods are unloaded from the transporting vehicle.,25,DAP Delivered at Place( named place of destination),DAP similar to CPT Differences: Place of delivery DAP

20、 port of destination, CPT the first carrier Transfer of risks DAP the seller bears all risks involved in bringing the goods to the named destination. CPT goods pass over to the first carrier,26,DDP sellers obligation max.: seller provides a “door-to-door” delivery and bears the entire risk of loss u

21、ntil the goods are placed in the buyers premises. Seller is also responsible for import customs clearance and other payments of domestic duties in the importing country Applied unless the seller has the resources and capability to handle all the procedures.,DDP Delivered Duty Paid ( named place of d

22、estination),27,Intercoms 2010 Group Analysis,28,Variant,FOB Liner Terms (FOB班轮条件) FOB Under Tackle (FOB吊钩下交货) FOB Stowed & Trimmed (FOB理舱,平舱费在内) CFR/CIF Liner Terms (班轮条件) CFR/CIF Landed (卸至码头) CFR/CIF Ex Tackle (吊钩下交接) CFR/CIF Ex Ships Hold (舱底交接),Seller pays:,Least,Most,Most,Least,29,Important Not

23、e,The variant of transport cost bearing DOES NOT change the 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 e

24、xport customs clearance DDP - sellers for both import and 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

25、 the production, measuring, weighing and counting a the time 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 Ap

26、plication issues,2.3.3 Shipment Notice The party arranges 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

27、and prompt shipment notice to the counterpart may lead to 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: Under which the delivery will hap

28、pen at the time or before the time of shipment seller not responsible for loss or risk of goods being carried after the time of shipment Arrival Contract term: Which specifies the seller to deliver at the time of arrival seller responsible for all risks before the arrival of the goods carried,34,2.3

29、 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,Determined by the acceptance of cost, obligation and risk Other factors to consider: Exporting & importing possibilities Pricing purpose Tran

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