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1、Interpretation On Incoterms 20001, EX WORKS ( named place )“ Ex works ” means that the seller delivers when he places the goods at the disposal of the buyer at the seller premises or another named place ( i.e. works, factory, warehouse , etc.) not cleared for export and not loaded on any collecting
2、vehicleThis term thus represents the minimum obligation for the seller, and the buyer. has to bear all costs and risks involved in taking the goods from the sellers premises.However, if the party wish the seller to be responsible for the loading of the goods on departure and bear the risks and all t
3、he costs of such loading , this should be made clear by adding explicit wording to this effect in the contract of sale. This term should not be used when the buyer cannot carry out the export formalities directly or indirectly . In such circumstances, the FCA term should be used , provided the selle
4、r agrees that he load at his cost and risk .A THE SELLER,S OBLIGATIONSA1 Provision of goods in conformity with the contractA 2 Licenses , authorizations and formalitiesThe seller must render the buyer, at the latters request, risk and expense , every assistance in obtaining , where applicable , any
5、export license or other official authorization necessary for the export of the goods .A 3 Contract of carriage and insurancea) Contract of carriageNo obligation .b) Contract of insuranceNo obligation .A 4 DeliveryThe seller must place the goods at the disposal of the buyer at the named place of deli
6、very , not loaded on any collecting vehicle , on the date or within the period agreed or , if no such time is agreed , at the usual time for delivery of such goods . If no specific point has been agreed within the named place , ad if there are several points available , the seller may select the poi
7、nt at the place of delivery which best suits his purpose.A 5 Transfer of riskThe seller must , subject to provision of B 5 , bear all risks of loss of or damage to the goods until such time as they have been delivered in accordance with A 4 A 6 Division of costsThe seller must , subject to the provi
8、sion of B 6 , pay all costs relating to the goods until such time as they have been delivered I accordance with A4 .A 7 Notice to the buyerThe seller must give the buyer sufficient notice as to when and where the goods will b e placed at his proposal .A 8 Proof of delivery , transport document or eq
9、uivalent electronic message .No obligation .A 9 Checking , packaging , markingThe seller must pay the costs of those checking operations ( such as checking quality , measuring , weighing , counting ) which are necessary for the purpose of placing the goods at the buyer, disposal .The seller must pro
10、vide at his own expense packing ( unless it is usual for the particular trade to make the goods of the contract description available unpacked ) which is required for the transport of the goods , to the extent that the circumstances relating to the transport ( for example modalities , destination )
11、are made known to the seller before the contract of sale is concluded . Packing is to be made appropriately . A 10 Other obligationsThe seller must render the buyer at the latter request , risk and expense , every assistance in obtaining any documents or equivalent electronic messages issued and tra
12、nsmitted in the country of delivery and / or of origin which the buyer may require for the export and /import of goods and , where necessary , for their transit through any country .The seller must provide the buyer, upon request , with necessary information for procuring insurance . B THE BUYER,S O
13、BLIGATIONSB 1 Payment of the priceThe buyer must pay the price as provided in the contract of sale .B 2 Licenses , authorizations and formalitiesThe buyer must obtain at his own risk and expense any export license or other official authorization and carry out , where applicable , all customs formali
14、ties for export of the goodsB 3. Contract for carriage and insurance a) Contract of carriageNo obligation .b) Contract of insuranceNo obligationB 4 Taking deliveryThe buyer must take delivery of the goods when they have been delivered in accordance with A 4 and A 7/ B7 .B 5 Transfer of risksThe buye
15、r must bear all risks of loss of or damage to the goods. from the time they have been delivered in accordance with A 4; and . from the agreed date or the expiry date of any period fixed for taking delivery which arise because he fails to give notice in accordance with B 7 , provided , however , that
16、 the goods have been duly appropriated（划拨） to the contract , that is to say clearly to set aside or otherwise identified （特定）as the contract goods.B 6 Division of costsThe buyer must pay . all costs relating to the goods from the time they have been delivered in accordance with A 4; and. any additio
17、nal costs incurred by failing either to take delivery of the goods when they have been placed at his disposal or give appropriate notice in accordance with B7 provided , however , that the goods have been duly appropriated to the contract , that is to say , clearly set aside or otherwise identified
18、as the contract goods; and . where applicable, all duties , taxes and other charges as well as the costs of carrying out customs formalities payable upon export .The buyer must reimburse all costs and charges incurred by the seller in rendering assistance with A 2 .B 7 Notice to the sellerThe buyer
19、must , whenever he is entitled to determine the time within an agreed period and /or the place of taking delivery , give the seller sufficient notice thereof .B 8 Proof of delivery , transport document or equivalent electronic messageThe buyer must provide the seller with appropriate evidence of hav
20、ing taken deliveryB 9 Inspection of goods The buyer must pay the costs of any pre-shipment inspection , including inspection mandated by the authorities of the country of export .B 10 Other obligationsThe buyer must pay all costs and charges incurred in obtaining the documents or equivalent electron
21、ic messages in A 10 and reimburse those incurred by the seller in rendering his assistance in accordance therewith .The buyer must provide the seller , upon request , with the necessary information for procuring insurance . 2 , FREE CARRIER ( named place )“ Free Carrier” means that the seller delive
22、rs the goods , cleared for export , to the carrier nominated by the buyer at the named place , It should be noted that the chosen place of delivery has an impact on the obligations of loading the goods at that place . I f delivery occurs at any other place , the seller is not responsible for unloadi
23、ng .This term may be used irrespective of the mode of transport , including multimodal transport.“ Carrier” means any person who , in a contract of carriage , undertakes to perform or to procure(办理) the performance of transport by rail , road , air , sea , inland waterway or by a combination of such
24、 modes .If the buyer nominates a person other than a carrier to receive the goods , the seller is deemed to have fulfilled his obligation to deliver the goods when they are delivered to the person.A THE SELLERS OBLIGATIONSA 1 Provision of goods in conformity with the contractThe seller must provide
25、the goods and the commercial invoice , or its equivalent electronic message , in conformity with the contract of sale and any other evidence of conformity which may be required by the contract .A 2 Licenses , authorizations and formalitiesThe seller must obtain at his risk and expense any export lic
26、ense and official authorization and carry out , where applicable , all customs formalities necessary for the export of the goods .A 3 Contract of carriage and insurance a) Contract of carriage No obligation . However , if required by the buyer or if it is commercial practice and the buyer does not g
27、ive an instruction to the contrary in due time , the seller may contract for carriage on usual terms at the buyer s risk and expense . In either case , the seller may decline to make the contract and , if he does , shall promptly notify the buyer accordingly .b) Contract of insuranceNo obligation .A
28、 4 DeliveryThe seller must deliver the goods to the carrier or another person nominated by the buyer , or chosen by the seller in accordance with A 3 a) on the named place on the date or within the period agreed for delivery .Delivery is completed :a)If the named place is the sellers premises , when
29、 the goods have been loaded on the means of transport provided by the carrier nominated by the buyer or another person acting on his behalf .b)If the named place is anywhere other than a) , when the goods are placed at the disposal of the carrier or another person nominated by the buyer , or chosen
30、by the seller in accordance with A3 a) on the seller means of transport not unloaded .If no specific point has been agreed within the named place , and if there are several points available , the seller may select the point at the place of delivery which best suits his purpose .Failing precise instr
31、uctions from the buyer , the seller may deliver the goods for carriage in such a manner as the transport mode and /or the quantity and /or nature of the goods may require .A 5 Transfer of risksThe seller must , subject to provisions of B 5 , bear all risks of loss or damage to the goods until such t
32、ime as they have delivered in accordance with A4 .A 6 Division of costsThe seller must , subject to the provisions of provision of B6 , pay. all costs relating to the goods until such time as they have been delivered in accordance with A4 ; and. where applicable , the costs of customs formalities as
33、 well as all duties taxes, and other charges payable upon export .A 7 Notice to the buyerThe seller must give the buyer sufficient notice that the goods have been delivered in accordance with A4 at the time agreed . Should the carrier fail to take the delivery in accordance with A4 at the time agree
34、d , the seller must notify the buyer accordingly .A 8 Proof of delivery , transport or equivalent electronic messageThe seller must provide the buyer at the sellers expense with the usual proof of delivery of the goods in accordance with A4 .Unless the document referred to in the preceding paragraph
35、 is the transport document , the seller must render the buyer at the latters request , risk and expense , every assistance in obtaining a transport document for the contract of carriage ( for example ,a negotiable bill of lading , a non-negotiable sea bill , an inland waterway document , air waybill
36、 , a railway consignment note , a road consignment note , or a multimodal transport document ) .When the seller and the buyer have agreed to communicate electronically , the document referred to in the preceding paragraph may replaced by an equivalent electronic date interchange ( EDI) message .A 9
37、Checking , packing , markingThe seller must pay the costs of those checking operations ( such as checking quality , measuring , weighing , counting ) which are necessary for the purpose of delivering the goods in accordance with A4 .The seller must provide at his own expense packaging ( unless it is
38、 usual for particular trade to send the goods of contract description unpacked ) which is required for the transport of the goods , to the extent that the circumstances relating to the transport ( for example modalities , destination ) are made known to the seller before the contract is concluded .
39、Packaging is to be marked appropriately . A 10 Other obligationsThe seller must render the buyer at the latters risk and expense , every assistance in obtaining any documents or equivalent electronic messages ( other than those mentioned in A8) issued or transmitted in the country of delivery and /o
40、r of origin which the buyer may require for the import of the goods and , where necessary, for their transit through any country.The seller must provide the buyer , upon request, with the necessary information for procuring insurance .B THE BUYERS OBLIGATIONSB 1 Payment of priceThe buyer must pay th
41、e price as provided in the contract of sale .B 2 Licenses , authorizations and formalitiesThe buyer must obtain at his own risk and expense any import license or other official authorization and carry out, where applicable , all customs formalities for the import of the goods and for their transit t
42、hrough any country . B 3 Contract of carriage and insurancea) The buyer must contract at his own expense for the carriage of the goods from the named place , except when the contract of carriage is made by the seller as provided for in A3 .B) Contract of insuranceNo obligation. B 4 Taking deliveryTh
43、e buyer must take delivery of the goods when they have been delivered in accordance with A4 . B 5 Transfer of risksThe buyer must bear all risks of loss or damage to the goods . from the time they have been delivered in accordance with A4; and. from the agreed date or the expiry date of any agreed p
44、eriod for delivery which arise either because he fails to nominate the carrier or another person in accordance with A4 , or because the carrier or the party nominated by the buyer fails to take the goods into his charge at the agreed time, or because the buyer fails to give appropriate notice in acc
45、ordance with B7, provided, however, that the goods have been duly appropriated to the contract, that is to say , clearly set aside or otherwise identified as the contract goods .B 6 Division f costsThe buyer must pay . all costs relating to the goods from the time they have been delivered in accorda
46、nce with A4 ; and . any additional costs incurred , either because he fails to nominate the carrier or another person in accordance with A4 or because the party nominated by the buyer fails to take the goods into his charge at the agreed time, or because he fail to give appropriate notice in accorda
47、nce with B7 provided , however, that the goods have been duly appropriated to the contract, that is to say, clearly set aside or otherwise identified as the contract goods ; and . where applicable , all duties, taxes and other charges as well as the costs of carrying out customs formalities payable
48、upon import of the goods and for their transit through any country .B 7 Notice to the sellerThe buyer must give the seller sufficient notice of the name of the party designated in A4 and , where necessary , specify the mode of transport, as well as the date or period for delivering the goods to him and , as the case may be , the point within the place where the goods should be delivered to that party B 8 Proof of delivery , transport document or equivalent electronic messageThe buyer must accept the proof of delivery in accordance with A8