1、对外经贸大学出版社傅龙海 丛晓明 主编Chapter 1Trade Terms and CustomsFOB,CFR and CIFFCA,CPT and CIPEXW and FASDAT,DAP and DDPCase studyAppendixDefinitions and functions of international trade terms 概念与作用概念与作用Definition Trade terms,also called price terms or price conditions,are abbreviations of letters or words speci
2、fying specific certain liabilities,costs and risks between the seller and buyer.Function simplify dealing procedures improving efficiency International trade customs 国际贸易惯例国际贸易惯例Definition 概念 universally recognized customary ways of doing business and explanation evolving in the long process of trad
3、e development and has been compiled by relative international organizations into rules and regulations which are acquainted,recognized and adopted by many trading organizations in most countries.International trade customs 国际贸易惯例国际贸易惯例Nature 性质 not compulsory 不具有法律强制性 both parties are subject to it
4、约束双方 binding force 约束力 contract to be followed if conflict exist 合同优先 different clause could be made 契约至上契约自由 International trade customs 国际贸易惯例国际贸易惯例Three main international rules 三个主要惯例“WARSAW-OXFORD RULES 1932”1932年华沙牛津规则 Revised American foreign trade definition 1941 1941年美国对外贸易定义修订本 INCOTERMS 2
5、010 2010年国际贸易术语解释通则Feature 特点most widely used international practicesmost influential international practicesmost important international practicespublished by ICCall trade terms in this textbook are subject to itUpdate of INCOTERMS 通则的更新 INCOTERMS 1990 consists 13 trade rulesINCOTERMS 2000 groups t
6、he 13 rules into 4 categoriesINCOTERMS 2010 updates and consolidates the delivered rules，reducing the total number of rules from 13 to 11.INCOTERMS 2010 presents 11 rules in two distinct classes:Rules for any mode or modes of transportation适用于任何运输方式或多种运输方式的术语 EXW、FCA、CPT、CIP、DAT、DAP and DDPRules for
7、 sea and inland waterway transportation适用于海运及内河水运的术语 FAS、FOB、CFR and CIFAmong the 11 trade terms,FOB,CFR and CIF are the most commonly used terms.Nowadays,they are used as trade terms for symbolic delivery.Symbolic delivery creates a new epoch of international trade.FOB,CFR and CIF are classified in
8、to one group as they are alike in characters.Similar characters 共同规律Used for port-to-port waterway transportationPlace of delivery-on board a ship in the export countryRisks on seller until the goods are on board the vessel in the export countryDocuments is the core of selling and buying Risks trans
9、ferred to buyer once the seller delivers the goods on board the vessel.Shipment contracts,the seller assure punctual shipment but and disregard arriving time.Definition The seller is responsible for shipping the contracted goods on board the ship dominated by the buyer at the port of shipment within
10、 specific period and bearing all costs and risks before the goods are on board the vessel.Obligations 买卖双方义务买卖双方义务The Sellers Obligations The Buyers Obligations Some points for attention about FOBThe Sellers Obligations 卖方义务卖方义务a.Ship the goods on board the ship at port of shipment within due time a
11、nd notify the buyer promptlyb.All costs and risks before the goods are loaded on board the ship c.Clear export customs and provide related documents and certificatesd.Provide related shipping documents or EDI electronic informationThe Buyers Obligations 买方义务买方义务a.Book space and pay the freight and n
12、otify the seller sailing date and name of sailing vesselb.Bear all costs and risks after the goods are loaded on board the shipc.Accept related documents provided by the seller and pay duly according to the contractSome points for attention about FOB 要注意的几个问题要注意的几个问题The cancellation of the concept“c
13、ross the rail”“船舷为界”概念的取消Shipping charges 关于关于FOB的装船费用的装船费用Definition 概念概念 The seller is responsible for booking space and delivering the goods on board the vessel sailing for the destination in due time according to the contract and covering the risks and expenses during carriage.The risks of loss
14、or damage to the goods passes when the goods are on board the vessel.Obligations 买卖双方义务买卖双方义务The Sellers Obligations The Buyers Obligations Some points for attention about FOBThe Sellers Obligations 卖方义务卖方义务a.Book shipping space and sign shipment contracts from designated port of shipment to destina
15、tion;load the goods on board the ship in contracted time and port and pay the freight;notify the buyer after shipment promptly.b.Bear all expenses and risks before the goods are on board the vessel at port of shipment.The Sellers Obligations 卖方义务卖方义务c.Cover the insurance and pay insurance premium as
16、 the contract stipulates.d.Clear export customs and bear all relating risks and expenses;get export license or other official permission documents.e.Provide relating shipping documents,commercial invoices or equivalent eclectic information or e-documents.The Buyers Obligations 买方义务买方义务a.All expenses
17、 and risks after the goods delivered on board at port of shipment.b.Accept related documents provided by the seller and take delivery the goods and pay for them.c.Clear import customs at port of destination;bear all expenses and risks;get import license or other official permissions.Some points for
18、attention about CIF 要注意的问题要注意的问题Insurance coverage保险险别问题保险险别问题Booking shipping space by the seller卖方租船订舱问题卖方租船订舱问题Symbolic delivery象征性交货问题象征性交货问题DefinitionThe seller is responsible for booking space and delivering the goods on board the vessel sailing for the destination in due time according to the
19、 contract and covering the risks and expenses during carriage(the risks are transferred when goods are delivered on board).Obligations 双方义务双方义务Except that the insurance is covered by the buyer,both parties obligations are just the same as that of CIF.Some points for attention 注意事项注意事项The seller shal
20、l dispatches shipping notice promptly to facilitate the buyers insurance covering and if the buyer fails to cover insurance and suffers losses as a result of the sellers late notice,the seller is responsible.Contracts under CFR belong to shipment contracts.These three trade terms are used when the e
21、xporter delivers the goods to the carrier.Five common charactersFive common characters1.Suitable for any means of transport2.Place of shipment in exporting country3.Risk is transferred at port of shipment4.Deliver at shipping port in the exporting country.5.Contracts signed as per these three rules
22、are all shipping contracts.Definition The seller delivers the goods,cleared for export,to the carrier nominated by the buyer at the named place and the buyer concludes shipping contract on his own expense and notify the seller promptly.Characteristics 特点a.Place of delivery:the exporting country or p
23、ortb.Risk transfer:the buyer bears all risks and any costs occurring after the goods have been deliveredc.Carrier:any one actually fulfills the obligation of shipment or the shipping agentFCA and FOBCommon points 相同点相同点 The buyer is responsible for shipment and covering insurance and the contracted
24、price does not include shipping charges or insurance premium Port of loading is the place of delivery Contracts under these two terms are shipment contracts but not sales contractFCA and FOBDifferences 不同点不同点ItemFOB FCATransport port-to-port marine shipmentall means of transport Places of delivery o
25、n board the ship at port of loadingfree carrier to a named placeRisks transfers when the goods are on board the vessel when the goods are delivered to the carrier Trade termsymbolic deliveryDefinitionThe seller delivers the goods to the carrier nominated by him and the seller must in addition pay th
26、e cost of carriage necessary to bring the goods to the named destination and notify the buyer promptly.Some points for attention 应当注意的问题应当注意的问题Risk Transfer 风险划分的界限Allocation of Obligation and Costs 责任和费用划分的问题Comparison of CPT and CFR 异同点异同点Common points相同点相同点1.In both terms,the seller is obliged to
27、 arrange transport to the destination and bear related costs while the buyer covers insurance on himself.2.Same delivery termsShip at port of shipment.3.Contracts under both terms are shipment contractsCFR and CPTDifferences 不同点不同点ItemCFR CPTTransport port-to-port marine shipmentall means of transpo
28、rt Places of delivery on board the ship in port of shipment in the exporting country to the carrierRisks transfers when the goods are on board the vessel in port of shipment in the exporting countrywhen the goods are delivered to the carrier in the exporting countryDefinitionThe seller contracts for
29、 insurance and pay the insurance premium for the carriage of the goods in addition to whatever should be covered and the transfer of risk happens when the seller delivers the goods to the carrier he chooses.Comparison of CIF and CIP 异同点异同点Common points 相同点 The contract price includes shipping charge
30、s insurance premium The seller arranges transport to port of destination pay for related shipping charges pay for insurance premium Place of delivery Shipment contractsCIF and CIPDifferences 不同点不同点ItemCIF CIPTransport ocean marine transportmulti-modal transportPlaces of delivery on board the ship in
31、 port of shipment to the carrier in the exporting countryRisks transfers when goods are on board the vesselwhen the goods are delivered to the carrierInsurance purely ocean transport insurance not only involve transport insurance but also inland or airway insurance DeliverySymbolic deliveryEXW EX Wo
32、rks(named place)中译名：工厂交货（指定地点）FAS Free alongside ship(named place of shipment)中译名：装运港船边交货（指定装运港）DefinitionThe seller delivers when it places the goods at the disposal of the buyer at the sellers premises or at another named place(i.e.,works,factory,warehouse,etc.).The seller does not need to load th
33、e goods on any collecting vehicles,nor does it need to clear the goods for export,where such clearance is applicable.Characteristics 特点特点The buyer has to bear all costs and risks,and handle all necessary procedures from the moment he agrees to accept the goods or to take delivery of the goods.This t
34、erm imposes on the seller the minimum obligations,costs and risks.EXW is widely used in any means of transport.The buyer is obliged to clear export customs.DefinitionThe seller places the goods alongside the vessel nominated by the buyer at the named port of shipment to fulfill his delivery obligati
35、on under this term.Allocation of Risks and Costs 风险与费用划分风险与费用划分The seller bears all costs(including shipping charges,charges for transshipment and losses or damages of the goods)and risks of transporting the goods alongside the ship.When the goods are alongside the ship,costs and risks are transferr
36、ed to the buyer.Comparison of FOB and FAS 异同点异同点Common points 相同点 Both are used in port-to-port ocean marine transport The buyer arranges transport,covers insurance and bears shipping charges and insurance premium.FOB and FASDifferences 不同点不同点ItemFOB FASPlaces of delivery on board the ship alongside
37、 the shipRisks transfers when goods are on board the vesselwhen the goods are alongside the shipObligation The seller is responsible for loading the goods the seller is free from shipping charges Deliverysymbolic delivery physical deliveryDifferent definition under American trade terms 与美国对外贸易定义的区别与
38、美国对外贸易定义的区别In AmericaIn INCOTERMS 2010free along sidefree alongside shipused in any means of transportationused in ocean marine transportationThe common points of these terms 共同点a.The seller shall deliver the goods to the buyer in the importing countryb.Used in physical deliveryc.Risks transfer when
39、 the buyer takes hold of the goods in the importing countryd.All are arrival contractse.The seller shall bear shipping charges and insurance premiumsDefinition“Delivered at Terminal”means that the seller delivers when the goods,once unloaded from the arriving means of transport,are placed at the dis
40、posal of the buyer at a named terminal at the named port of place of destination.Obligations 双方义务双方义务The Sellers Obligations 卖方义务卖方义务The Buyers Obligations买方义务买方义务The Sellers Obligations 卖方义务卖方义务a.provide the goods,the commercial invoice and any other evidenceb.Licenses,authorizations,security clear
41、ances and other formalities 许可证、授权、安检通关和其他手续 c.Contract of carriage 关于运输 d.Contract of insurance 关于保险e.Delivery 交货The Sellers Obligations 卖方义务卖方义务f.Transfer of risks 风险转移g.Allocation of costs 费用划分h.Notice to the buyer 通知买方i.Delivery document 交货凭证j.Checking-packaging-marking 查对-包装-标记k.Assistance with
42、 information and related costs 协助提供信息及相关费用The Buyers Obligations 买方义务买方义务a.The buyer must pay the price of the goods as provided in the contract of sale.b.The buyer must obtain,at its own risk and expense,any import license or other official authorization and carry out all customs formalities for th
43、e import of the goods.c.Contract of carriage 关于运输d.Contract of Insurance关于保险The Buyers Obligations 买方义务买方义务e.Taking delivery 收取货物f.Transfer of risks 风险转移g.Allocation of Costs 费用划分h.Notice to the seller 通知卖方i.Proof of delivery 交货凭证j.Inspection of goods 货物检验k.Assistance with information and related co
44、sts 协助提供信息及相关费用Definition“Delivered at Place”means that the seller delivers when the goods are placed at the disposal of the buyer on the arriving means of transport ready for unloading at the named place of destination.The seller bears all risks involved in bringing the goods to the named place.Obl
45、igations 双方义务双方义务The Sellers Obligations 卖方义务卖方义务The Buyers Obligations买方义务买方义务The Sellers Obligations 卖方义务卖方义务a.provide the goods,the commercial invoice and any other evidenceb.Licenses,authorizations,security clearances and other formalities 许可证、授权、安检通关和其他手续 c.Contract of carriage 关于运输 d.Contract
46、of insurance 关于保险e.Delivery 交货The Sellers Obligations 卖方义务卖方义务f.Transfer of risks 风险转移g.Allocation of costs 费用划分h.Notice to the buyer 通知买方i.Delivery document 交货凭证j.Checking-packaging-marking 查对-包装-标记k.Assistance with information and related costs 协助提供信息及相关费用The Buyers Obligations 买方义务买方义务a.The buyer
47、 must pay the price of the goods as provided in the contract of sale.b.The buyer must obtain,at its own risk and expense,any import license or other official authorization and carry out all customs formalities for the import of the goods.c.Contract of carriage 关于运输d.Contract of Insurance关于保险The Buye
48、rs Obligations 买方义务买方义务e.Taking delivery 收取货物f.Transfer of risks 风险转移g.Allocation of Costs 费用划分h.Notice to the seller 通知卖方i.Proof of delivery 交货凭证j.Inspection of goods 货物检验k.Assistance with information and related costs 协助提供信息及相关费用Definition“Delivered Duty Paid”means that the seller delivers the goo
49、ds when the goods are placed at the disposal of the buyer,cleared for import on the arriving means of transport ready for unloading at the named place of destination.The seller bears all the costs and risks involved in bringing the goods to the place of destination and has an obligation to clear the
50、 goods not only for export but also for import,to pay any duty for both export and import and to carry out all customs formalities.Obligations 双方义务双方义务The Sellers Obligations 卖方义务卖方义务The Buyers Obligations买方义务买方义务The Sellers Obligations 卖方义务卖方义务a.provide the goods,the commercial invoice and any othe
