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1、chapter7 International Trade Terms and Customs国际贸易术语与国际贸易惯例,Definitions and functions of international trade terms 概念与作用DefinitionTrade terms, also called price terms or price conditions, are abbreviations of letters or words specifying specific certain liabilities, costs and risks between the selle
2、r and buyer.Functionsimplify dealing procedures improving efficiency,Lesson 1,International trade customs 国际贸易惯例Definition 概念universally recognized customary ways of doing business and explanation evolving in the long process of trade development and has been compiled by relative international organ
3、izations into rules and regulations which are acquainted, recognized and adopted by many trading organizations in most countries.,Lesson 1,International trade customs 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 约束双方binding force 约束力contract to be followed if conflict exist 合
4、同优先different clause could be made 契约至上契约自由,Lesson 1,International trade customs 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 2010 2010年国际贸易术语解释通则,Lesson 1,INCOTERMS 20102010年国际贸易术语解释通则,Featur
5、e 特点most widely used international practicesmost influential international practicesmost important international practicespublished by ICCall trade terms in this textbook are subject to it,INCOTERMS 20102010年国际贸易术语解释通则,Update of INCOTERMS 通则的更新 INCOTERMS 1990 consists 13 trade rulesINCOTERMS 2000 gr
6、oups the 13 rules into 4 categoriesINCOTERMS 2010 updates and consolidates the delivered rules， reducing the total number of rules from 13 to 11.,INCOTERMS 20102010年国际贸易术语解释通则,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
7、、FCA、CPT、CIP、DAT、DAP and DDPRules for sea and inland waterway transportation适用于海运及内河水运的术语 FAS、FOB、CFR and CIF,Among 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 internation
8、al trade.FOB, CFR and CIF are classified into one group as they are alike in characters .,Lesson 2 FOB,CFR and CIF,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
9、 export countryDocuments is the core of selling and buying Risks transferred to buyer once the seller delivers the goods on board the vessel.Shipment contracts, the seller assure punctual shipment but and disregard arriving time.,Lesson 2 FOB,CFR and CIF,FOBFree on Board （ named port of shipment) “装
10、运港船上交货”“离岸价”“船上交货”,Definition The seller is responsible for shipping the contracted goods on board the ship dominated by the buyer at the port of shipment within specific period and bearing all costs and risks before the goods are on board the vessel.,FOBFree on Board （ named port of shipment) “装运港船
11、上交货”“离岸价”“船上交货”,Obligations 买卖双方义务The Sellers Obligations The Buyers Obligations Some points for attention about FOB,FOBFree on Board （ named port of shipment) “装运港船上交货”“离岸价”“船上交货”,The Sellers Obligations 卖方义务a. Ship the goods on board the ship at port of shipment within due time and notify the buye
12、r 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 information,FOBFree on Board （ named port of shipment) “装运港船上交货”“离岸价”“船上交货”,The Buyers Obligati
13、ons 买方义务a. Book space and pay the freight and notify 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 contract,FOBFree on Board （ named port of sh
14、ipment) “装运港船上交货”“离岸价”“船上交货”,Some points for attention about FOB 要注意的几个问题The cancellation of the concept “cross the rail” “船舷为界”概念的取消Shipping charges 关于FOB的装船费用,CIF Cost Insurance and Freight (.Named port of Destination) 成本加保费、运费（指定目的港）,Definition 概念 The seller is responsible for booking space and d
15、elivering 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 or damage to the goods passes when the goods are on board the vessel.,CIF Cost Insurance and Freight (.Named port of Destin
16、ation) 成本加保费、运费（指定目的港）,Obligations 买卖双方义务The Sellers Obligations The Buyers Obligations Some points for attention about FOB,CIF Cost Insurance and Freight (.Named port of Destination) 成本加保费、运费（指定目的港）,The Sellers Obligations 卖方义务Book shipping space and sign shipment contracts from designated port of
17、shipment to destination; load the goods on board the ship in contracted time and port and pay the freight; notify the buyer after shipment promptly. Bear all expenses and risks before the goods are on board the vessel at port of shipment.,CIF Cost Insurance and Freight (.Named port of Destination) 成
18、本加保费、运费（指定目的港）,The Sellers Obligations 卖方义务Cover the insurance and pay insurance premium as the contract stipulates. Clear export customs and bear all relating risks and expenses; get export license or other official permission documents. Provide relating shipping documents, commercial invoices or e
19、quivalent eclectic information or e-documents.,CIF Cost Insurance and Freight (.Named port of Destination) 成本加保费、运费（指定目的港）,The Buyers Obligations 买方义务All expenses and risks after the goods delivered on board at port of shipment. Accept related documents provided by the seller and take delivery the g
20、oods and pay for them. Clear import customs at port of destination; bear all expenses and risks; get import license or other official permissions.,CIF Cost Insurance and Freight (.Named port of Destination) 成本加保费、运费（指定目的港）,Some points for attention about CIF 要注意的问题Insurance coverage保险险别问题Booking shi
21、pping space by the seller卖方租船订舱问题Symbolic delivery象征性交货问题,CFR Cost and Freight (.Named Port of Destination）成本加运费（指定目的港）,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 contract and covering th
22、e risks and expenses during carriage(the risks are transferred when goods are delivered on board).,CFR Cost and Freight (.Named Port of Destination）成本加运费（指定目的港）,Obligations 双方义务Except that the insurance is covered by the buyer, both parties obligations are just the same as that of CIF.,CFR Cost and
23、Freight (.Named Port of Destination）成本加运费（指定目的港）,Some points for attention 注意事项The seller shall 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 responsib
24、le.Contracts under CFR belong to shipment contracts.,These three trade terms are used when the exporter delivers the goods to the carrier. Five common characters,Lesson 3 FCA,CPT and CIP,Five common charactersSuitable for any means of transportPlace of shipment in exporting countryRisk is transferre
25、d at port of shipmentDeliver at shipping port in the exporting country.Contracts signed as per these three rules are all shipping contracts.,Lesson 3 FCA,CPT and CIP,FCA Free Carrier (.Named Place) 货交承运人（指定地点）,Definition The seller delivers the goods, cleared for export, to the carrier nominated by
26、the buyer at the named place and the buyer concludes shipping contract on his own expense and notify the seller promptly.,FCA Free Carrier (.Named Place) 货交承运人（指定地点）,Characteristics 特点Place of delivery: the exporting country or portRisk transfer: the buyer bears all risks and any costs occurring aft
27、er the goods have been deliveredCarrier: any one actually fulfills the obligation of shipment or the shipping agent,FCA Free Carrier (.Named Place) 货交承运人（指定地点）,FCA and FOBCommon points 相同点The buyer is responsible for shipment and covering insurance and the contracted price does not include shipping
28、charges or insurance premiumPort of loading is the place of deliveryContracts under these two terms are shipment contracts but not sales contract,FCA Free Carrier (.Named Place) 货交承运人（指定地点）,FCA and FOBDifferences 不同点,CPT Carriage Paid To (.Named Place of Destination) 运费付至（指定目的地）,DefinitionThe seller
29、 delivers the goods to the carrier nominated by him and the seller must in addition pay the cost of carriage necessary to bring the goods to the named destination and notify the buyer promptly.,CPT Carriage Paid To (.Named Place of Destination)运费付至（指定目的地）,Some points for attention 应当注意的问题Risk Transf
30、er 风险划分的界限Allocation of Obligation and Costs 责任和费用划分的问题,CPT Carriage Paid To (.Named Place of Destination)运费付至（指定目的地）,Comparison of CPT and CFR 异同点Common points相同点In both terms, the seller is obliged to arrange transport to the destination and bear related costs while the buyer covers insurance on h
31、imself.Same delivery termsShip at port of shipment.Contracts under both terms are shipment contracts,CPT Carriage Paid To (.Named Place of Destination)运费付至（指定目的地）,CFR and CPTDifferences 不同点,CIP Carriage Insurance Paid to (Named Place of Destination) 运费、保险费付至（指定目的地）,DefinitionThe seller contracts for
32、 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.,CIP Carriage Insurance Paid to (Named Place of Destination) 运费、保险费付至（指定目的地）,Comparison of CI
33、F and CIP 异同点Common points 相同点The contract price includesshipping chargesinsurance premiumThe seller arrangestransport to port of destination pay for related shipping chargespay for insurance premiumPlace of deliveryShipment contracts,CIP Carriage Insurance Paid to (Named Place of Destination) 运费、保险
34、费付至（指定目的地）,CIF and CIPDifferences 不同点,EXW EX Works( 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）,Lesson 4 EXW and FAS,EXW EX Works ( named place)工厂交货（指定地点）,DefinitionThe seller delivers when it places the goods at the disposal of the buyer at the sel
35、lers premises or at another named place (i.e., works, factory, warehouse, etc.). The seller does not need to load the goods on any collecting vehicles, nor does it need to clear the goods for export, where such clearance is applicable.,EXW EX Works ( named place)工厂交货（指定地点）,Characteristics 特点The buye
36、r 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 term 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 ex
37、port customs.,FAS Free alongside ship (named place of shipment)装运港船边交货 （指定装运港）,DefinitionThe seller places the goods alongside the vessel nominated by the buyer at the named port of shipment to fulfill his delivery obligation under this term.,FAS Free alongside ship (named place of shipment)装运港船边交货
38、（指定装运港）,Allocation of Risks and Costs 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 transferred to the buy
39、er.,FAS Free alongside ship (named place of shipment)装运港船边交货 （指定装运港）,Comparison of FOB and FAS 异同点Common points 相同点Both are used in port-to-port ocean marine transportThe buyer arranges transport, covers insurance and bears shipping charges and insurance premium.,FAS Free alongside ship (named place
40、 of shipment)装运港船边交货 （指定装运港）,FOB and FASDifferences 不同点,FAS Free alongside ship (named place of shipment)装运港船边交货 （指定装运港）,Different definition under American trade terms 与美国对外贸易定义的区别,The common points of these terms 共同点The seller shall deliver the goods to the buyer in the importing countryUsed in ph
41、ysical deliveryRisks transfer when the buyer takes hold of the goods in the importing countryAll are arrival contractsThe seller shall bear shipping charges and insurance premiums,Lesson 5 DAT,DAP and DDP,DAT Delivered at Terminal (named terminal at port or place of destination)运输终端交货(指定港口或目的地的运输终端)
42、,Definition“Delivered at Terminal” means that the seller delivers when the goods, once unloaded from the arriving means of transport, are placed at the disposal of the buyer at a named terminal at the named port of place of destination.,DAT Delivered at Terminal (named terminal at port or place of d
43、estination)运输终端交货(指定港口或目的地的运输终端),Obligations 双方义务The Sellers Obligations 卖方义务The Buyers Obligations买方义务,DAT Delivered at Terminal (named terminal at port or place of destination)运输终端交货(指定港口或目的地的运输终端),The Sellers Obligations 卖方义务provide the goods, the commercial invoice and any other evidenceLicenses
44、, authorizations, security clearances and other formalities 许可证、授权、安检通关和其他手续 Contract of carriage 关于运输 Contract of insurance 关于保险 Delivery 交货,DAT Delivered at Terminal (named terminal at port or place of destination)运输终端交货(指定港口或目的地的运输终端),The Sellers Obligations 卖方义务Transfer of risks 风险转移Allocation o
45、f costs 费用划分Notice to the buyer 通知买方Delivery document 交货凭证Checking-packaging-marking 查对-包装-标记Assistance with information and related costs 协助提供信息及相关费用,DAT Delivered at Terminal (named terminal at port or place of destination)运输终端交货(指定港口或目的地的运输终端),The Buyers Obligations 买方义务The buyer must pay the pri
46、ce of the goods as provided in the contract of sale. 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. Contract of carriage 关于运输Contract of Insurance关于保险,DAT Delivered at Terminal
47、(named terminal at port or place of destination)运输终端交货(指定港口或目的地的运输终端),The Buyers Obligations 买方义务Taking delivery 收取货物Transfer of risks 风险转移Allocation of Costs 费用划分Notice to the seller 通知卖方Proof of delivery 交货凭证Inspection of goods 货物检验Assistance with information and related costs 协助提供信息及相关费用,DAP Deli
48、vered at Place(insert named place of destination)目的地交货（插入指定目的地）,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 inv
49、olved in bringing the goods to the named place.,DAP Delivered at Place(insert named place of destination)目的地交货（插入指定目的地）,Obligations 双方义务The Sellers Obligations 卖方义务The Buyers Obligations买方义务,DAP Delivered at Place(insert named place of destination)目的地交货（插入指定目的地）,The Sellers Obligations 卖方义务provide t
50、he goods, the commercial invoice and any other evidenceLicenses, authorizations, security clearances and other formalities 许可证、授权、安检通关和其他手续 Contract of carriage 关于运输 Contract of insurance 关于保险 Delivery 交货,DAP Delivered at Place(insert named place of destination)目的地交货（插入指定目的地）,The Sellers Obligations
