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INCOTERMS 2000(PART)

  FCA FREE CARRIER (... named place)

  "Free Carrier" means that the seller delivers the goods, clearedfor export, to the carrier nominated by the buyer at the namedplace. It should be noted that the chosen place of delivery has animpact on the obligations of loading and unloading the goods atthat place. If delivery occurs at the seller's premises, the selleris responsible for loading. If delivery occurs at any other place,the seller is not responsible for unloading. This term may he usedirrespective of the mode of transport, including multimodaltransport.

  "Carrier" means any person who, in a contract of carriage,undertakes to perform or to procure the performance of transport byrail, road, air, sea, inland waterway or by a combination of suchmodes.

  If the buyer nominates a person other than a carrier to receivethe goods, the seller is deemed to have fulfilled his obligation todeliver the goods when they me delivered to that person.

  ATHE SELLER'S OBLIGATIONS

  BTHE BUYER'S OBLIGATIONS

  A1 Provision of goods in conformity with the contract

  The seller must provide the goods and the commercial invoice, orits equivalent electronic message, in conformity with the contractof sale and any other evidence of conformity which may be requiredby the contract.

  B1 Payment of price

  The buyer must pay the price as provided m the contract of sale.

  A2 Licenses, authorisations and formalities

  The seller must obtain at his own risk and expense any exportlicense or other official authorization and carry out, whereapplicable1, all customs formalities necessary for the export ofthe goods.

  B2 Licenses, authorizations and formalities

  The buyer must obtain at his own risk and expense any importlicense or other official authorization and carry out, whereapplicable2, all customs formalities for the import of the goodsand for their transit through any country.

  A3 Contracts of carriage and insurance

  a) Contract of carriage

  No obligation3. However, if requested by the buyer or if it isCommercial practice and the buyer does not give an instruction tothe contrary in due time, the seller may contract for carriage onusual terms at the buyer's risk and expense. In either case, theseller may decline to make the con tract and, if he does, shallPromptly notify the buyer accordingly.

  b) Contract of insurance

  No obligation4

  B3 Contracts of carriage and insurance

  a) Contract of carriage

  The buyer must contract at his own expense for the carriage ofthe goods from the named place, except when the contract ofcarriage, is made by the seller as provided for in A3 a).

  b) Contract of insurance

  No obligation5.

  A4 Delivery

  The seller must deliver the goods to the carrier or anotherperson nominated by the buyer, or chosen by the seller inaccordance with A3 a), at the named place on the date or within theperiod agreed for delivery.

  Delivery is completed,

  a) If the named place is the seller's premises, when the goodshave been loaded on the means of transport provided by the carriernominated by the buyer or another person acting on his behalf.

  b) If the named place is anywhere other than a), when the goodsare placed at the disposal of' the carrier or another personnominated by the buyer, or chosen by the seller in accordance withA3 a) on the seller's means of transport not unloaded.

  If no specific point has been agreed within the named place, andif there are several points available, the seller may select thepoint at the place of delivery which best suits his purpose.

  Failing precise instructions from the buyer, the seller maydeliver the goods for carnage m such a manner as the transport modeand/or the quantity and/or nature of the goods may require.

  B4 Taking delivery

  The buyer must take delivery of the goods when they have beendelivered in accordance with A4.

  A5 Transfer of risks

  The seller must, subject to the provisions of B5, bear all risksof loss or damage to the goods until such time as they have beendelivered in accordance with A4.

  B5 Transfer of risks

  The buyer must bear all risks of loss of or damage to the goods

  from the time they have been delivered in accordance with A4; and

  from die agreed date or the expiry date of any agreed period fordelivery which arise either because he fails to nominate thecarrier or another person in accordance with A4, or because thecarrier or the party nominated by the buyer fails to take the goodsinto his charge at the agreed time, or because the buyer fails togive appropriate notice in accordance with B7, provided, however,that the goods have been duly appropriated to the contract, that isto say, clearly set aside or otherwise identified as the contractgoods.

  A6 Division of costs

  The seller must, subject to tile provisions of B6, pay

  all costs relating to the goods until such time as they have beendelivered in accordance with A4; and

  where applicable6, the costs of customs formalities as well asall duties, taxes, and other charges payable upon export.

  B6 Division of costs

  The buyer must pay

  all costs relating to the goods from the time they have beendelivered in accordance with A4;and

  any additional costs incurred, either because he fails tonominate the carrier or another person in accordance with A4 orbecause the party nominated by the buyer fails to take the goodsinto his charge at the agreed time, or because he has failed togive appropriate notice in accordance with B7, provided, however,that the goods have been duly appropriated to the contract, that isto say, clearly set aside or otherwise identified as the contractgoods; and

  where applicable7, all duties, taxes and other charges well asdie costs of carrying out customs formalities payable upon importof die goods and for their transit through any country.

  A7 Notice to the buyer

  The seller must the buyer sufficient notice that the goods havebeen delivered in accordance with A4, Should the carrier fail totake delivery in accordance with A4 at the time agreed, the sellermust notify the buyer accordingly.

  B7 Notice to the seller

  The buyer must give the seller sufficient notice of the name ofthe party designated in A4 mid, where necessary. specify the. modeof transport, as well as the date or period for delivering thegoods to him and, as the case may be, the point within the placewhere the goods should be. delivered to that party.

  A8 Proof of delivery, transport document or equivalent electronicmessage

  The seller must provide the buyer at the seller's expense.withthe usual proof of delivery, of the goods in accordance with A4.

  Unless the document referred to in the preceding paragraph is thetransport document, the seller must render the buyer at thelatter's request, risk and expense, every assistance in obtaining atransport document for the contract of carriage (for example anegotiable bill of lading, a non-negotiable sea waybill, an inlandwaterway document, an air waybill, a railway consignment note, aroad consignment note, or a multimodal transport document).

  When the seller and the buyer have agreed to communicateelectronically, the document referred to in the preceding paragraphmay he replaced by an equivalent electronic data interchange (ED1)message.

  B8 Proof of delivery, transport document or equivalent electronicmessage

  The buyer must accept the proof of delivery in accordance withA8.

  A9 Checking -packing-marking

  The seller must pay the costs of those checking operations (suchas checking quality, measuring, weighing, counting) which arenecessary for the purpose of delivering the goods in accordancewith A4.

  The seller must provide at his own expense packaging (unless itis usual for the particular trade to send the goods of the contractdescription unpacked) which is required for the transport of thegoods, to the extent that the circumstances relating to thetransport (for example modalities, destination) are made known tothe seller before the contract of sale is concluded. Packaging isto he marked appropriately.

  B9 Inspection of goods

  The buyer must pay the costs of any pre shipment inspectionexcept when such inspection is mandated by the authorities of thecountry of export.

  A10 Other obligations

  The seller must render the buyer at the latter' s request, riskand expense, every assistance in obtaining any documents orequivalent electronic messages (other than those mentioned in A8)issued or transmitted in the country of delivery and/or of originwhich the buyer may require for the import of the goods and, wherenecessary, for their transit through any country.

  The seller must provide the buyer, Upon request, with thenecessary information for procuring insurance.

  B10 other obligations

  The buyer must, pay all costs and charges incurred in obtainingthe documents or equivalent electronic messages mentioned in A10and reimburse those incurred by the seller in rendering hisassistance in accordance therewith and in contracting for carriagein accordance with A3 a) .

  The buyer must give the seller appropriate instructions wheneverthe seller's assistance in contracting for carriage is required inaccordance with A3 a).

  FOB FREE ON BOARD(... named place)

  "Free on Board" means that the seller delivers when the goodspass the ship's rail at the named port of shipment. This means thatthe buyer has to bear all costs and risks of loss of or damage tothe goods from that point. The FOB term requires the seller toclear the goods for export. This term can be used only for sea orinland waterway transport. If the parties do not intend to deliverthe goods across the ship's rail, the FCA term should be used.

  ATHE SELLER'S OBLIGATIONS

  BTHE BUYER'S OBLIGATIONS

  A1 Provision of goods in conformity with the contract

  The seller must provide the goods and the commercial invoice, orits equivalent electronic message, in conformity with the contractof sale and any other evidence of conformity winch may be requiredby the contract.

  B1 Payment of the price

  The buyer must pay the price as provided in the contract of sale.

  A2 Licences, authorisations and formalities

  The seller must obtain at his own risk and expense any exportlicence or other official authorisation and carry out, whereapplicable1, all customs formalities necessary for the export ofthe goods.

  B2 Licences, authorisations and formalities

  The buyer must obtain at his own risk and expense any importlicence or other official authorisation and carry out, whereapplicable2, all customs formalities for the import of the goodsand, where necessary, for their transit through any country.

  A3 Contracts of carriage and insurance

  a) Contract of carriage

  No obligation3

  b) Contract of insurance

  No obligation 4.

  B3 Contract of carriage and insurance

  a) Contract of carriage

  The buyer must contract at his own expense for the carriage ofthe goods from the named port of shipment.

  b) Contract of insurance

  No obligation.5

  A4 Delivery

  The seller must deliver the goods on the date or within theagreed period at the named port of shipment and in the mannercustomary at the port on board the vessel nominated by the buyer.

  B4 Taking delivery

  The buyer must take delivery of the goods when they have beendelivered in accordance with A4.

  A5 Transfer of risks

  The seller must, subject to the provisions of B5, bear all risksof loss of or damage to the goods until such time as they havepassed the ship's rail at the named port of shipment.

  B5 Transfer of risks

  The buyer must bear all risks of loss of or damage to the goods

  from the time they have passed the ship's rail at the named portof shipment; and

  from the agreed date or the expiry date of the agreed period fordelivery which arise because he fails to give notice in accordancewith B7, or because the vessel nominated by him flails to arrive ontime, or is unable to take the goods, or closes for cargo earlierthan the time notified in accordance with B7, provided, however,that the goods have been duly appropriated to the contract, that isto say, clearly set aside or otherwise identified as the contractgoods.

  A6 Division of costs

  The seller must, subject to the provisions of B6, pay

  all costs relating to the goods until such time as they havepassed the ship's rail at the named port of shipment; and

  where applicable, the costs of customs formalities necessary forexport as well as all duties, taxes and other charges payable uponexport.

  B6 Division of costs

  The buyer must pay

  all costs relating to the goods from the time they have passedthe ship' s rail at the named port of shipment; and

  any additional costs incurred, either because the vesselnominated by him fails to arrive on time, or is unable to take thegoods, or closes for cargo earlier than the time notified inaccordance with B7, or because the buyer has failed to giveappropriate notice in accordance with B7, provided, however, thatthe goods have been duly appropriated to the contract, that is tosay, clearly set aside or otherwise identified as the contractgoods; and

  where applicable7,all duties, taxes and other charges as well asthe costs of carrying out customs formalities payable upon importof the goods and for their transit through any country.

  A7 Notice to the buyer

  The seller must give the buyer sufficient notice that the goodshave been delivered in accordance with A4.

  B7 Notice to the buyer

  The buyer must give the seller sufficient notice of the vesselname, loading point and required delivery time.

  A8 Proof of delivery, transport document or equivalent electronicmessage

  The seller must provide the buyer at the seller's expense withthe usual proof of delivery in accordance with A4.

  Unless the document referred to in the preceding paragraph is thetransport document, the seller must render the buyer, at thelatter's request, risk and expense, every assistance in obtaining atransport document for the contract of carriage (for example, anegotiable bill of lading, a non -negotiable sea waybill, an inlandwaterway document, or a multimodal transport document).

  Where the seller and the buyer have agreed to communicateelectronically, the document referred to in the preceding paragraphmay be replaced by an equivalent electronic data interchange (EDI)message.

  B8 Proof of delivery, transport document or equivalent electronicmessage

  The buyer must accept the proof of delivery in accordance withA8.

  A9 Checking - packaging - marking

  The seller must pay the costs of those checking operations ( suchas checking quality, measuring, weighing, counting) which arenecessary for the purpose of delivering the goods in accordancewith A4.

  The seller must provide at his own expense packaging (unless itis usual for the particular trade to ship the goods of the contractdescription unpacked) which is required for the transport of thegoods, to the extent that the circumstances relating to thetransport (for example modalities, destination) are made known tothe seller before the contract of sale is concluded. Packaging isto be marked appropriately.

  B9 Inspection of goods

  The buyer must pay the costs of any pre - shipment inspectionexcept when such inspection is mandated by the authorities of thecountry of export.

  A10 Other obligations

  The seller must render the buyer at the latter's request, riskand expense, every assistance in obtaining any documents orequivalent electronic messages (other than those mentioned in A8)issued or transmitted m the country of shipment and/or of originwhich the buyer may require for the import of the goods and, wherenecessary, for their transit through any country.

  The seller must provide the buyer, upon request, with thenecessary information for procuring insurance.

  B10 Other obligation

  The buyer must pay all costs and charges incurred in obtainingthe documents or equivalent electronic messages mentioned in A10and reimburse those incurred by the seller in rendering hisassistance in accordance therewith.

  CIF COST, INSURANCE AND FREIGHT (... named port of destination)

  "Cost, Insurance and Freight" means that the seller delivers whenthe goods pass the ship's rail in the port of shipment.

  The seller must pay the costs and freight necessary to bring thepods to the named port of destination BUT the risk of loss of ordamage to the goods, as well as any additional costs due to eventsoccurring after the time of delivery, are transferred from theseller to the buyer. However, in CIF the seller also has to procuremarine insurance against the buyer's risk of loss of or damage tothe goods during the carriage.

  Consequently, the seller contracts for insurance and pays theinsurance premium. The buyer should note that under the CIF termthe seller is required to obligation insurance only on minimumcover1. Should the buyer wish to have the protection of greatercover, he would either need to agree as such expressly with theseller or to make his own extra insurance arrangements.

  The CIF term requires the seller to clear the goods for export.

  This term can be used only for sea and inland waterway transport.If the parties intend to deliver the goods across the ship's rail,the CIP term should be used.

  ATHE SELLER'S OBLIGATIONS

  BTHE BUYER'S OBLIGATIONS

  A1 Provision of goods In conformity with the contract

  The seller must provide the goods and the commercial invoice, orits equivalent electronic message, in conformity with the contractof sale and any other evidence of conformity which may be requiredby the contract.

  B1 Payment of the price

  The buyer must pay the price as provided in the contract of sale.

  A2 Licences, authorisation and formalities

  The seller must obtain at his own risk and expense any exportlicence or other official authorisation and carry out, whereapplicalbe2, all customs formalities necessary for the export ofthe goods.

  B2 Licences, authorisation and formalities

  The buyer must obtain at his own risk and expense any importlicence or other official authorisation and carry out, whereapplicable3, all customs formalities for the import of the goodsand for their transit through any country.

  A3 Contracts of carriage and insurance

  a) Contract of carriage

  The seller must contract on usual terms at his own expense forthe carriage of the goods to the named port of destination by theusual route in a seagoing vessel (or inland waterway vessel as thecase may be) of the type normally used for the transport of goodsof the contract description.

  b) Contract of insurance

  The seller must obtain at his own expense cargo insurance asagreed in the contract, such dud the buyer, or any other personhaving an insurable interest in the goods, shall be entitled toclaim directly from the insurer and provide the buyer with theinsurance policy or other evidence of insurance cover.

  The insurance shall be contracted with underwriters or aninsurance company of good repute and, failing express agreement tothe contrary, be m accordance with minimum cover of the InstituteCargo Clauses (Institute of London Underwriters) or any similar setof clauses. The duration of insurance cover shall, be in accordancewith B5 and B4. When required by the buyer, the seller shall.provide at the buyer's expense war, strikes, riots and civilcommotion risk insurances if procurable. The minimum insuranceshall, cover the price provided in the contract plus ten per cent(i.e. 110%) and shall he provided in the currency of the contract.

  B3 Contracts of carriage and insurance

  a) Contract of carriage

  No obligation4.

  b) Contract of insurance

  No obligation5.

  A4 Delivery

  The seller must deliver the goods on board the vessel at the portof shipment on the date or within the agreed period.

  B4 Taking delivery

  The buyer must accept delivery of the goods when they have beendelivered in accordance with A4 and receive than from the carrierat the trans port of destination.

  A5 Transfer of risks

  The seller must, subject to the provisions of B5, bear all risksof loss of/ or damage to the goods until such tune as they havepassed the ship's rail at the port of shipment.

  B5 Transfer of risks

  The buyer must bear all risks of loss of or damage to the goodsfrom the time they have passed the ship' s rail at the port ofshipment.

  The buyer must, should he fail to give notice in accordance withB7, bear all risks of loss of or damage to the goods from theagreed date or the expiry date of the period fixed for shipmentprovided, however, that the goods have been duly appropriated tothe contract, that is to say, clearly set aside or otherwiseidentified as the contract goods.

  A6 Division of costs

  The seller must, subject to the provisions of B6, pay

  all costs relating to the goods until such time as they have beendelivered in accordance with A4; and

  the freight and all other costs resulting from A3 a) , includingthe costs, of loading the goods on board;

  and the costs of insurance resulting from A3 b); and

  any charges for unloading at the agreed port of discharge whichwere for the seller's account under the contract Of carriage; and

  where applicable6, the costs of customs formalities necessary forexport as well as all duties, taxes and other charges payable uponexport, and for their transit through any country if they were forthe seller' s account under the contract of carriage.

  B6 Division of costs

  The buyer must, subject to the provisions of A3, pay

  all costs relating to the goods from the time they have beendelivered in accordance with A4; and

  all costs and charges relating to the goods whilst in transituntil their arrival at the port of destination, unless such costsand charges were for the seller's account under the contract ofcarriage; and

  unloading costs including lighterage and wharfage charges, unlesssuch costs and charges were for the seller's account under thecontract of carriage; and

  all additional costs incurred if he fails to give notice inaccordance with B7, for the goods from the agreed date or theexpiry date of the period fixed for shipment, provided, however,that the goods have been duly appropriated to the contract, that isto say, clearly set aside or otherwise identified as the contractgoods; and

  where applicable7 , all duties, taxes and other charges as wellas die costs of carrying out customs formalities payable uponimport of the goods and, where necessary, for their transit throughany country less included within the cost of the contract ofcarriage.

  A7 Notice to the buyer

  The seller must give the buyer sufficient notice that the goodshave been delivered in accordance with A4 as well as any othernotice required in order to allow the buyer to take measures whichare normally necessary to enable him to take the goods.

  B7 Notice to the seller

  The buyer must, whenever he is entitled to determine the time forshipping the goods and/or the port of destination, give the sellersufficient notice thereof.

  A8 Proof of delivery, transport document or equivalent electronicmessage

  The seller must, at his own expense, provide the buyer withoutdelay with the usual transport document for the agreed port ofdestination.

  This document (for example a negotiable bill of lading, anon-negotiable sea waybill or an inland waterway document) mustcover the contract goods, be dated within the period agreed forshipment, enable the buyer to claim the goods from the carrier atthe port of destination and, unless otherwise agreed, enable thebuyer to sell the goods in transit by the transfer of the documentto a subsequent buyer (the negotiable bill of lading) or bynotification to the carrier.

  When such a transport document is issued in several originals, afull set of originals must be presented to the buyer.

  Where the seller and the buyer have agreed to communicateelectronically, the document referred to in the precedingparagraphs may he replaced by an equivalent electronic datainterchange (EDI) message.

  B8 Proof of delivery, transport document or equivalent electronicmessage

  The buyer must accept the transport document in accordance withA8 if it is in conformity with the contract.

  A9 Checking-packaging-marking

  The seller must pay the costs of those checking operations (suchas checking quality, measuring, weighing, counting) which arenecessary for the purpose of delivering the goods in accordancewith A4.

  The seller must provide at his own expense packaging (unless itis usual for the particular trade to ship the goods of the contractdescription packed) which is required for the transport of thegoods arranged by him. Packaging is to he marked appropriately.

  B9 Inspection of goods

  The buyer must pay the costs of any pre-shipment inspectionexcept when such inspection is mandated by the authorities of thecountry of export.

  A10 Other obligations

  The seller must render the buyer at the latter's request, riskand expense, every assistance m obtaining any documents orequivalent electronic messages (other than those mentioned in A8)issued or transmitted in the country of shipment and/or of originwhich the buyer may require for the import of the goods and, wherenecessary, for their transit through any country.

  The seller must provide the buyer, upon request, with thenecessary information for procuring any additional insurance.

  B10 Other obligations

  The buyer must pay all costs and charges incurred in obtainingthe documents or equivalent electronic messages mentioned in A10and reimburse those incurred by the seller in rendering hisassistance in accordance therewith.

  The buyer must provide the seller, upon request, with thenecessary information for procuring insurance.

  CFR COST AND FREIGHT (... named port of destination)

  "Cost and Freight means that the seller delivers when the goodspass the ship' s rail in the port of shipment.

  The seller must pay the costs and freight necessary to bring thegoods to the paned port of destination BUT the risk of loss of ordamage to the goods, as well as any additional costs due to eventsoccurring after the time of delivery, we transferred from theseller 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.If the parties do not intend to deliver the goods across the ship'srail, the CPT term should be used.

  ATHE SELLER'S OBLIGATIONS

  BTHE BUYER'S OBLIGATIONS

  A1 Provision of goods in conformity with the contract

  The seller must provide the goods and the commercial invoice, orits equivalent electronic message, in conformity with the contractof sale and any other evidence of conformity which may he requiredby the contract.

  B1 Payment of the price

  The buyer must pay the price as provided in the contract of sale.

  A2 Licences, authorisations and formalities

  The seller must obtain at his own risk and expense any exportlicence or other official authorisation and carry out, whereapplicable A1, all customs formalities necessary for the export ofthe goods.

  B2 Licences, authorisations am formalities

  The buyer must obtain at his own risk and expense any importlicence or other official authorisation and carry out, whereapplicable B2, A customs formalities for the import of the goodsand for their transit through any country.

  A3 Contracts of carriage and insurance

  a) Contract of carriage

  The seller must contract on usual terms at his own expense forthe carriage of the goods to the named port of destination by theusual route in a seagoing vessel (or inland waterway vessel as thecase may be) of the type normally used for the port of goods of thecontract description.

  b) Contract of insurance

  No obligation 3.

  B3 Contracts of carriage and insurance

  a) Contract of carriage

  No obligation

  b) Contract of insurance

  No obligation.

  A4 Delivery

  The seller must deliver the goods on board the vessel at the portof shipment on the date or within the agreed period.

  B4 Taking delivery

  The buyer must accept delivery of the goods when they have beendelivered in accordance with A4 and receive them from the earner atthe named port of destination.

  A5 Transfer Of risks

  The seller must, subject to the provisions of B5, bear all risksof loss of or damage to the goods until such time as they havepassed the ship's rail at the port of shipment.

  B5 Transfer Of risks

  The buyer must bear all risks of loss of or damage to the goodsfrom the time they have passed the ship's rail at the port ofshipment.

  The buyer must, should he fail to give notice in accordance withB7, bear all risks of loss of or damage to the goods from theagreed date or the expiry date of the period fixed for shipmentprovided, however, that the goods that the goods have been dulyappropriated to the contract, that is to say, clearly set aside orotherwise identified as the contract goods.

  A6 Division of costs

  The seller must, subject to the provisions of B6, pay

  all costs relating to the goods until such time as they have beendelivered in accordance with A4;

  the freight and all other costs resulting from A3 a) , includingthe costs of loading the goods on board and any charges forunloading at the agreed port of discharge which were for theseller's account under the contract of carriage; arid, whereapplicable6, the costs of customs formalities necessary for exportas well as all duties, taxes and other charges payable upon export,and for their transit through any country if they were for theseller's account under the contract of carriage.

  B6 Division of costs

  The buyer must, subject to the provisions of A3 a), pay

  all costs relating to the 90OCIS from the tune they have beendelivered in accordance with A4; and

  all costs and charges relating to the goods whilst in transituntil their arrival at the Port of destination, unless such costsand charges were for the seller's account under the contract ofcarriage; and

  unloading costs including lighterage and wharfage charges, unlesssuch costs and charges were for the seller's account under thecontract of carriage; and

  all additional costs incurred if he fails to give notice inaccordance with B7, for the goods from the agreed date or theexpiry date of the period fixed for shipment, provided, however,that the goods have been duly appropriated to the contract, that isto say, clearly set aside or otherwise identified as the contractgoods; and

  where applicable7 , all duties, taxes and other charges as wellas the costs Of carrying Out customs formalities payable uponimport of the goods and, where necessary, for their transit throughany country less included within the cost of the contract ofdamage.

  A7 Notice the buyer

  The seller must give the buyer sufficient notice that the goodshave been delivered in accordance with A4 as well as any othernotice required in order to allow the buyer to take measures whichare normally necessary to enable him to take the goods.

  B7 Notice to the seller

  The buyer must, whenever he is entitled to determine the time forshipping the goods and/or the port of destination, give the sellersufficient notice thereof.

  A8 Proof of delivery, transport document or equivalent electronicmessage

  The seller must at his own expense provide the buyer withoutdelay with the usual transport document for the agreed port ofdestination.

  This document (for example a negotiable bill of lading, anon-negotiable sea waybill Or an inland waterway document) mustcover the contract goods, be dated within the period agreed forshipment, enable the buyer to claim the goods from the carrier atthe port of destination and, unless otherwise agreed, enable thebuyer to sell the goods in transit by the transfer of the documentto a subsequent buyer (the negotiable bill of lading) or bynotification to the carrier.

  When such a transport document is issued in several originals, afull set of originals must be presented to the buyer.

  Where the seller and the buyer have agreed to communicateelectronically, the document referred to in the precedingparagraphs may he replaced by an equivalent electronic datainterchange (EDI) message.

  B8 Proof of delivery, transport document or equivalent electronicmessage

  The buyer must accept the transport document in accordance withA8 if it is in conformity with the contract.

  A9 Checking-packing-marking

  The seller must pay the costs of those checking operations (suchas checking quality, measuring, weighing, counting) which arenecessary for the purpose of delivering the goods in accordancewith A4.

  The seller must provide at his own expense packaging (unless itis usual for the particular trade to ship the goods of the contractdescription packed) which is required for the transport of thegoods arranged by him. Packaging is to he marked appropriately.

  B9 Inspection of goods

  The buyer must pay the costs of any pre shipment inspectionexcept when such inspection is mandated by the authorities of thecountry of export.

  A10 Other obligations

  The seller must render the buyer at the latter' s request, riskand expense, every assistance in obtaining any documents orequivalent electronic messages (other than those mentioned in A8)issued or transmitted in the country of shipment and/or of originwhich the buyer may require for the import of the goods and, wherenecessary, for their transit through any country.

  The seller must provide the buyer, upon request, with thenecessary information for procuring insurance.

  B10 Other obligations

  The buyer must pay all costs and charges incurred in obtainingthe documents or equivalent electronic message mentioned in A10 andreimburse those incurred by the seller in rendering his assistancein accordance therewith.

简介

一. 《国际贸易术语解释通则》的宗旨和范围

  《国际贸易术语解释通则》(以下称Incoterms)的宗旨是为国际贸易中最普遍使用的贸易术语提供一套解释的国际规则,以避免因各国不同解释而出现的不确定性,或至少在相当程度上减少这种不确定性。

  合同双方当事人之间互不了解对方国家的贸易习惯的情况时常出现。这就会引起误解、争议、和诉讼,从而浪费时间和费用。为了解决这些问题,国际商会(ICC)于1936年首次公布了一套解释贸易术语的国际规则,名为Incoterms1936,以后又于1953年、1967年、1976年、1980年和1990年,现在则是在2000年版本中做出补充和修订,以便使这些规则适应当前国际贸易实践的发展。

  需要强调的是,Incoterms涵盖的范围只限于销售合同当事人的权利义务中与已售货物(指"有形的"货物,不包括"无形的"货物,如电脑软件)交货有关的事项。

  关于Incoterms,看来有两个非常普遍的特别误解。一个是常常认为Incoterms适用于运输合同而不是销售合同。第二个是人们有时错误地以为它规定了当事人可能希望包含在销售合同中的所有责任。

  首先,正如ICC一贯强调的那样,Incoterms只涉及销售合同中买卖双方的关系,而且,只限于一些非常明确的方面。

  对进口商和出口商来讲,考虑那些为完成国际销售所需要的各种合同之间的实际关系当然时非常必要的。完成一笔国际贸易不仅需要销售合同,而且需要运输合同、保险合同和融资合同,而Incoterms只涉及其中的一项合同,即销售合同。

  虽然如此,当双方当事人同意使用某一个具体的贸易术语时,将不可避免地对其他合同产生影响。举例说明,卖方同意在合同中使用CFR和CIF术语时,他就只能以海运方式履行合同,因为在这两个术语下他必须向买方提供提单或其他海运单据,而如果使用其他运输方式,这些要求是无法满足的。而且,跟单信用证要求的单据也必然将取决于准备使用的运输方式。

  其次,Incoterms涉及为当事方设定的若干特定义务,如卖方将货物交给买方处置,或将货物交运或在目的地交货的义务,以及当事双方之间的风险划分。

  另外,Incoterms涉及货物进口和出口清关、货物包装的义务,买方受领货物的义务,以及提供证明各项义务得到完整履行的义务。尽管Incoterms对于销售合同的执行有着极为重要的意义,但销售合同中可能引起的许多问题却并未涉及,如货物所有权和其他产权的转移、违约、违约行为的后果以及某些情况下的免责等。需要强调的是,Incoterms无意取代那些完整的销售合同所需订入的标准条款或商定条款。

  通常,Incoterms不涉及违约的后果或由于各种法律阻碍导致的免责事项,这些问题必须通过销售合同中的其他条款和适用的法律来解决。

  Incoterms一直主要用于跨国境的货物销售交付,因此,它是一套国际商业术语。然而,有时Incoterms也被用于纯粹国内市场的货物销售合同中。在此情况下,Incoterms中的A2、B2以及任何与进出口有关的条款当然就变成多余了。二.为什么需要对国际贸易术语解释通则进行修订? 连续修订Incoterms的主要原因是使其适应当代商业的实践。1980年修订本引入了货交承运人(现在为FCA)术语,其目的是为了适应在海上运输中经常出现的情况,即交货点不再是传统的FOB点(货物越过船舷),而是在将货物装船之前运到陆地上的某一点,在那里将货物装入集装箱,以便经由海运或其他运输方式(即所谓的联合或多式运输)继续运输。

  在1990年的修订本中,涉及卖方提供交货凭证义务的条款在当事方同意使用电子方式通讯时,允许用电子数据交换(EDI)讯息替代纸面单据。毫无疑问,为了使Incoterms更利于实物操作,其草拟和表述一直都在改进。

三.Incoterms 2000

  在为期两年的修订过程中,ICC尽其最大努力通过ICC各国家委员会吸取了各行业国际贸易从业者的意见和建议,完成了修订稿的多次修改。令人高兴的是,在Incoterms的这次修订期间,ICC从全世界使用者得到的反馈意见超过了以往任何一次。ICC与Incoterms的使用者之间交流的结果产生了Incoterms2000这个版本,与Incoterms1990相比看上去变化很小。原因很明显,即Incoterms当前已得到世界承认,所以ICC决定巩固Incoterms在世界范围内得到的承认,并避免为了变化而变化。另一方面,在修订过程中,ICC尽量保证Incoterms2000中的语言清楚准确地反映出国际贸易实务。新的版本在下面两个方面作出了实质性改变:

  在FAS和DEQ术语下,办理清关手续和交纳关税的义务;

  在FCA术语下装货和卸货的义务。

  无论是实质变化还是形式变化都是在对Incoterms的使用者广泛调查的基础上作出的,而且对1990年以来Incoterms专家小组(专门为Incoterms使用者提供额外服务的机构)受到的咨询意见给予了充分考虑。

四.在销售合同中订入Incoterms

  鉴于Incoterms不时修订,所以,如果合同当事方意图在销售合同中订入Incoterms时,清楚地指明所引用的Incoterms版本是很重要的。人们很容易忽略这一点,例如当在标准合同或订货单中引用了早期版本时,未能引用最新版本,可能会对当事方的意图是在合同中引用新版本还是早期版本引起纠纷。希望使用Incoterms2000的商人,应在合同中明确规定该合同受Incoterms 2000的约束。

五.Incoterms的结构

  1990年,为了便于理解,将所有的术语分为4个基本不同的类型。第一组为"E"组(EXWORKS),指卖方仅在自己的地点为买方备妥货物;第二组"F"组(FCA、FAS和FOB),指卖方需将货物交至买方指定的承运人;第三组"C"组(CFR、CIF、CPT和CIP),指卖方须订立运输合同,但对货物灭失或损坏的风险以及装船和启运后发生意外所发生的额外费用,卖方不承担责任;第四组"D"组(DAF、DES、DEQ、DDU和DDP),指卖方须承担把货物交至目的地国所需的全部费用和风险。下表反映了这种分类方法:

  2000年国际贸易术语解释通则

  E组(发货)

  --------------------------------------------------------------------------------

  EXW 工厂交货(……指定地点)

  F组(主要运费未付)

  --------------------------------------------------------------------------

  FCA 货交承运人(……指定地点)

  FAS 船边交货(……指定装运港)

  FOB 船上交货(……指定装运港)

  C组(主要运费已付)

  --------------------------------------------------------------------------

  CFR 成本加运费(……指定目的港)

  CIF 成本、保险费加运费付至(……指定目的港)

  CPT 运费付至(……指定目的港)

  CIP 运费、保险费付至(……指定目的地)

  D组(到达)

  --------------------------------------------------------------------------

  DAF 边境交货(……指定地点)

  DES 目的港船上交货(……指定目的港)

  DEQ 目的港码头交货(……指定目的港)

  DDU 未完税交货(……指定目的地)

  DDP 完税后交货(……指定目的地)

  与Incoterms 1990相同,在Incoterms2000中,所有术语下当事人各自的义务均用10个项目列出,卖方在每一项目中的地位"对应"了买方在同一项目中相应的地位。

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