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1、,International Trade Terms,Chapter 3,Objectives,返回目录,Understand the purpose of INCOTERMS Know the structure of INCOTERMS 2000 Grasp the essential meaning of thirteen terms. Compare and contrast the use of FOB CFR and CIF,They are the short terms or abbreviations which are used to explain the price c
2、omposition, to define the methods of delivery of the goods, to indicate which party bears the freight, insurance and other relevant charge, and assume the liability in case damage or loss of the goods occurs.,返回目录,Definition of trade terms,Trade terms, also known as price terms or delivery terms, ar
3、e standardized terms used in sales contracts that describe the place and manner for the transfer of goods from the seller to the buyer. 贸易术语（trade terms）,又称价格术语, 交货条件，是一些标准化的英文缩写，它们对买卖双方在交易过程中有关手续、责任、风险及费用的划分作出了明确的规定。,Definition of trade terms,3.1 Components of Trade Terms: price,Type of currency Pr
4、ice per unit Unit price Measurement unit Trade term Price term Total price 750 per M/T CIF London type of currency price per unit measurement unit trade term,Components of Trade Terms,E.g. “US$100 per dozen FOB New York” US$ 100 per dozen FOB New York Currency price per unit measurement unit trade t
5、erms,3. 2 INCOTERMS,HISTORY: 1) International customary practices (国际贸易惯例) Warsaw-Oxford Rules 1932 华沙牛津公约 Revised American Foreign Trade Definitions 1941美国对外贸易修订本 International Rules For the Interpretation of Trade Terms国际贸易术语解释通则 2) International Rules for the Interpretation of Trade Term (Incoter
6、ms) : Incoterms 1936 Amendments and additions are made in 1953, 1967, 1976, 1980, 1990, 2000 INCOTERMS 2000,返回目录,2. Scope of INCOTERMS 2000 INCOTERMS deal with a number of identified obligations imposed on the partiessuch as the sellers obligation to place the goods at the disposal of the buyer or h
7、and them over for carriage or deliver them at destination the distribution of risk between the parties in these cases. obligation to provide proof that the respective obligations have been duly fulfilled. the sellers obligation to place the goods at the disposal of the buyer or hand them over for ca
8、rriage or deliver them at destination,返回目录,3. 2 INCOTERMS,2. Scope of INCOTERMS 2000 Although Incoterms 2000 is popularly and generally accepted, these interpretations are not laws or international pacts. They are not binding on all parties except when they have agreed to use whichever of them to in
9、terpret the trade terms. Merchants wishing to use these rules should clearly specify that their contracts will be governed by “INCOTERMS 2000”.,返回目录,3. 2 INCOTERMS,3. Structure of INCOTERMS 2000 comprising 13 different terms, fitting different situations and depending on how the parties wish to divi
10、de their responsibilities. 4 categories: Group E term : 1 Group F terms: 3 Group C terms: 4 Group D terms: 5,返回目录,3. 2 INCOTERMS,3. Structure of INCOTERMS 2000 Under the “E”-term (EXW), the seller only makes the goods available to the buyer usually at the sellers own premises. There is only one term
11、 in this category. Under the “F”-terms (FCA, FAS and FOB), the seller is called upon to deliver the goods to a carrier appointed and paid by the buyer. Under the “C”-terms (CFR, CIF, CPT and CIP), the seller has to contract and pay for carriage, but the seller doesnt assume the risk of loss of or da
12、mage to the goods or additional costs due to events occurring after shipment and dispatch.,返回目录,3. 2 INCOTERMS,3. Structure of INCOTERMS 2000 Under the “D”-terms (DAF, DES, DEQ, DDU and DDP), the seller has to bear all costs and risks needed to bring the goods to the country of destination. Note: To
13、 develop a fundamental understanding of the thirteen terms, one can focus on identifying three issues: transfer of risk, division of cost and liability for loading and unloading of the cargo at the time of delivery.,返回目录,3. 2 INCOTERMS,3.2.2 Structure of INCOTERMS 2000,4. Interpretation of trade ter
14、ms in INCOTERMS 2000 EXWEx Works (named place ) 工厂交货 This term imposes on the seller the minimum obligations, cost and risks. The seller fulfills his obligation to deliver when he has made the goods available to the buyer usually at the sellers own premises or another named place (i.e., works, facto
15、ry, warehouse, etc.) not cleared for export and not loaded the goods on the vehicle provided by the buyer. The buyer has to bear all costs and risks involved in taking the goods from the sellers premises to the desired destination。 This term should not be used when the buyer cant carry out the expor
16、t formalities directly or indirectly 出口手续,返回目录,3. 2 INCOTERMS,4. Interpretation of trade terms in INCOTERMS 2000 Group F - Main Carriage Not Paid By Seller 1) FCA-Free Carrier (.named place) 货交承运人 This term means that the seller delivers the goods, cleared for export, to the carrier nominated by the
17、 buyer at the named place or point. It should be noted that the chosen place of the delivery has an impact on the obligation of loading and unloading the goods at that place. If delivery occurs at the sellers premise, the seller is responsible for loading. If delivery occurs at any other place, the
18、seller is not responsible for unloading. This term may be used for any mode of transport, including multimodal transport.,返回目录,3. 2 INCOTERMS,4. Interpretation of trade terms in INCOTERMS 2000 Group F - Main Carriage Not Paid By Seller 1) FCA-Free Carrier (.named place) 货交承运人 “Carrier” means any per
19、son who, in a contract of carriage, undertakes to perform or to procure the performance of transport by rail, road, air, sea, inland waterway or by a combination of such modes. If the buyer nominates a person other than a carrier to receive the goods, e.g. a freight forwarder（货运代理） who is not a “car
20、rier”, the seller is deemed to have fulfilled his obligation to deliver the goods when they are delivered to that person.,返回目录,3. 2 INCOTERMS,4. Interpretation of trade terms in INCOTERMS 2000 Group F - Main Carriage Not Paid By Seller 2) FAS - Free Alongside Ship ( named port of shipment) 目的港船边交货 F
21、AS means that the seller delivers when the goods have been placed alongside the vessel nominated by the buyer at the named port of shipment. “Alongside the ship” can be understood literally. Under this term the buyer has to bear all costs and risks of loss of or damage to the goods from that moment.
22、 The term requires the seller to clear the goods for export. However, if the parties wish the buyer to clear the goods for export,（办理货物出口清关手续 ） this should be made clear by adding explicit wording to this effect in the sales contract. This term can be used only for sea or inland waterway transport.,
23、返回目录,3. 2 INCOTERMS,4. Interpretation of trade terms in INCOTERMS 2000 Group F - Main Carriage Not Paid By Seller 3) FOB - Free On Board ( named port of shipment). 船上交货 one of the most common terms used in international trade. It means that the seller fulfils his obligation to deliver the goods when
24、 they have passed over the ships rail at the named port of shipment. “船上交货”是当货物在指定的装运港越过船舷，卖方即完成交货。 This means that the buyer has to bear all expenses and risks of or damage to the goods from that point. 这意味着买方必须从该点起承担一切费用和货物灭失或损坏的风险。FOB术语要求卖方办理货物出口报关手续。该术语仅适用于海运或内河运输。,返回目录,3. 2 INCOTERMS,3) FOB - F
25、ree On Board ( named port of shipment),The particular points about the sales under FOB Risk-transfer point The risk-transfer point under FOB is at the ships rail at the named port of shipment. Thus,a strong warning has been made in the preamble of FOB that the term should not be used when the partie
26、s do not intend delivery across the ships rail. 风险的转移点 FOB风险的转移点在装运港的船舷。FOB的预言中有强烈的警告，若当事方无意超过船舷交货则不应使用该术语。,Link-up of vessel and goods 船货衔接问题：,Stocking notice 备货通知,Send out boats notice 派船通知,Shipment notice 装船通知,4. Interpretation of trade terms in INCOTERMS 2000 3) FOB - Free On Board ( named port
27、of shipment) In order to further specify the costs, variants have been created. They mainly include five items: FOB的5种变形 FOB Under Tackle: It allows the seller to cover the costs until the goods are placed somewhere within the reach of the tackle of the vessel nominated by the buyer. Other cost will
28、 be born by the buyer. FOB吊钩下交货，装运港吊钩下交货 FOB Liner Terms: The ship will be responsible for loading. With this term, the buyer bears the loading cost since he is responsible for contacting and paying for carriage. FOB 班轮条件，装运港船上交货班轮条件。装船费用由买方负担 FOB Stowed: Under this term the seller has to cover the
29、loading charges as well as the stowage charge when the goods are places inside the hold of the ship.船上交货并理舱 ，包括理舱费在内的装运港船上交货,返回目录,3. 2 INCOTERMS,4. Interpretation of trade terms in INCOTERMS 2000 3) FOB - Free On Board ( named port of shipment) FOB Trimmed: Besides loading the goods on board the ves
30、sel, the seller should also trim the goods to make the vessel evenly balanced.船上交货并平舱 ，包括平舱费在内的装运港船上交货 FOB Stowed and Trimmed: Stowage and trimming charges often occur together. This one requires the seller to cover the stowage and to trim charges apart from the main loading cost. 卖方负责将货物装入船舱并承担包括理舱
31、费和平舱费在内的装船费用。 Warm note: The FOB term requires the seller to clear the goods for export. This term can be used only for sea or inland waterway transport. FOB术语要求卖方办理货物出口清关,返回目录,3. 2 INCOTERMS,The seller The buyer,FOB,Deliver the goods on board the vessel交货,Contract for the carriage of the goods 租船订舱
32、,Obtain export license 获得出口许可证,Obtain import license,Cover cargo insurance 投保,Provide documents for the buyer and ask for payment 交单议付,Pay the price and take delivery of the goods,返回目录,warm note,FOB条件下：记住3个时间（注：FOB条件下，租船订舱是由买方负责的，但是如有必要买方可请求卖方租船订舱，但费用一切由买方承担，而且卖方有权拒绝这项工作） 1、卖方货妥通知的期限（the time limit
33、to notify the buyer that goods have been prepared ) 2、买方派船通知的期限 （the time limit to notify the seller of the ships information ) 3、卖方装船通知的期限 （the time limit to the buyer that good have been loned) 跟美国人签订FOB合同时应注意：写上FOB New York subject to Incoterms 2000. FOB价格构成： FOB价格=进货成本价 + 国内费用 + 出口税金 + 净利润,FOB 贸
34、易术语的选用,一般由买方主动提出使用FOB，原因是： （1）交易的货物数量比较大，够租一条整船或大部分舱位时，买方为了节省运费，或为了货物安全，自己租船。 （2）买方租船比较方便，可以自己选择租船。,4. Interpretation of trade terms in INCOTERMS 2000 Group CMain Carriage Paid By Seller CFRCost and Freight ( named port of destination) 成本加运费 This term means that the seller delivers when the goods pa
35、ss the ships rail in the port of shipment. The seller must pay the costs and freight necessary to bring the goods to the named port of destination but the risk of loss of or damage to the goods, as well as any additional costs due to events occurring after the time of delivery, are transferred from
36、the seller to the buyer. The CFR term requires the seller to clear the goods for export. This term can be used only for sea and inland waterway transport. CFR 价格构成： CFR价格=FOB价格+国外运费,返回目录,3. 2 INCOTERMS,The seller the buyer,CFR,Contract for the carriage of the goods at his own expenses,On usual term
37、通常条件 By the usual route 惯常航线 In the proper vessel 适合的船舶,Usual freight 正常运费,Additional Freight 额外运费,返回目录,4. Interpretation of trade terms in INCOTERMS 2000 Group CMain Carriage Paid By Seller CIFCost, Insurance, and Freight (named port of destination) CIF means that the seller has the same obligation
38、s 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. The key issue to identify here is that although the seller pays for the insur
39、ance, he is not taking the risk of the cargo. If an accident happens during the transport, the buyer is the party who suffers and therefore has the right to claim compensation from the insurance company.,返回目录,3. 2 INCOTERMS,4. Interpretation of trade terms in INCOTERMS 2000 Group CMain Carriage Paid
40、 By Seller CIFCost, Insurance, and Freight (named port of destination) 4 variants: CFR/CIF Liner Term: This term follows the practice of liners which requires the party contracting for carriage to pay for all the unloading charges. Buyers under this term are not paying for the unloading. CFR班轮条件，船方（
41、即卖方）负担卸货费 CFR/CIF Landed: This term requires the seller to cover the necessary handling costs until the goods are placed upon the dock. (CFR卸至岸上) 卖方负担卸货费 CFR/CIF Ex Tackle: Under this variant the seller will pay for moving the goods from the vessel to a location within the reach of the cranes tackle
42、. The unloading point can be somewhere at the port or in an incoming lighter. Any other costs will be born by the buyer. (CFR吊钩下交货) (卖方负责卸至码头上或驳船上) CFR/CIF Ex Ships Hold: Under this term the handover of the goods will be dealt with onboard. The buyer has to take out all the expenses starting from mo
43、ving goods from the hold of the ship. (CFR舱底交货) 买方负责卸货费,返回目录,3. 2 INCOTERMS,4. Interpretation of trade terms in INCOTERMS 2000 Group CMain Carriage Paid By Seller CIFCost, Insurance, and Freight (named port of destination) CIF term requires the seller to clear the goods for export. CIF can only be u
44、sed for sea and inland waterway transport. When the ships rail serves no practical purpose, the CIP term is more appropriate to use. FOB, CFR, and CIF are most commonly used trade terms in international commodity transactions. All of them are only applicable to sea and inland waterway transport. It
45、is helpful to identify the differences and similarities among the three main terms and choose the best one to suit the specific situation.,返回目录,3. 2 INCOTERMS,The seller the buyer,CIF,Contract for the carriage of the goods,Cover cargo insurance on behalf of the buyer,Minimum insurance (F.P.A) 最低险别,a
46、dditional insurance premium 额外保险费,返回目录,CIF,1.The expenses and risks are separated (风险和费用分离),2.CIF term is document transaction 单据交易 (Symbolic delivery) 象征性交货,The seller fulfills his duty of delivering goods against the documents,The buyer shall pay the price against the documents,返回目录,4. Interpretat
47、ion of trade terms in INCOTERMS 2000 Group CMain Carriage Paid By Seller CIFCost, Insurance, and Freight (named port of destination) CIF term requires the seller to clear the goods for export. CIF can only be used for sea and inland waterway transport. When the ships rail serves no practical purpose
48、, the CIP term is more appropriate to use. FOB, CFR, and CIF are most commonly used trade terms in international commodity transactions. All of them are only applicable to sea and inland waterway transport. It is helpful to identify the differences and similarities among the three main terms and choose the best one to suit the specific situation.,返回目录,3. 2 INCOTERMS,4. Interpretation of trade terms in INCOTERMS 2000 Group CMain Carriage Paid By Seller CIFCost, In