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1、第4章,1,CFR工作、费用、风险划分(简略）,第4章,2,使用CFR的注意事项,船险衔接卖方应尽早将装船情况通知买方，以便买方及时投保 CFR的变形（租船运输时，卸船费用的划分）CFR liner terms CFR班轮条件，卖方承担卸船费用CFR landed CFR卸至岸上 卖方承担卸船费用CFR ex tackle CFR吊钩下交货 卖方承担卸船费用（船舶不能靠岸时，不含驳船费用）CFR ex ships hold CFR舱底交货 买方承担卸船费用CFR 的别名 CFR=C&F=CNF=C and F,第4章,3,Cost,Insurance and FreightCIF(insert
2、 named port of destination,插入指定目的港)Incoterms 2010例4.3 CIF Los Angeles,USA Incoterms 2010,简略定义：CIF是指，卖方安排船只、投保，支付装运港到目的港运费及保费，在指定装运港交货。货物装上船只时，风险从卖方转移到买方。CIF仅适用于船舶运输,第4章,4,CIF defined in INCOTERMS 2010,“Cost,Insurance and Freight”means that the seller delivers the goods on board the vessel or procure
3、s the goods already so delivered.The risk of loss of or damage to the goods passes when the goods are on board the vessel.The seller must contract for and pay the costs and freight necessary to bring the goods to the named port of destination.The seller also contracts for insurance cover against the
4、 buyers risk of loss of or damage to the goods during the carriage.The buyer should note that under CIF the seller is required to obtain insurance only on minimum cover.Should the buyer wish to have more insurance protection,it will need either to agree as much expressly with the seller or to make i
5、ts own extra insurance arrangements.,第4章,5,Remarks on the above definition 1/2,This rule is to be used only for sea or inland waterway transport.When CPT,CIP,CFR or CIF are used,the seller fulfils its obligation to deliver when it hands the goods over to the carrier in the manner specified in the ch
6、osen rule and not when the goods reach the place of destination.This rule has two critical points,because risk passes and costs are transferred at different places.While the contract will always specify a destination port,it might not specify the port of shipment,which is where risk passes to the bu
7、yer.If the shipment port is of particular interest to the buyer,the parties are well advised to identify it as precisely as possible in the contract.The parties are well advised to identify as precisely as possible the point at the agreed port of destination,as the costs to that point are for the ac
8、count of the seller.The seller is advised to procure contracts of carriage that match this choice precisely.If the seller incurs costs under its contract of carriage related to unloading at the specified point at the port of destination,the seller is not entitled to recover such costs from the buyer
9、 unless otherwise agreed between the parties.,Remarks on the above definition 2/2,The seller is required either to deliver the goods on board the vessel or to procure goods already so delivered for shipment to the destination.In addition,the seller is required either to make a contract of carriage o
10、r to procure such a contract.The reference to“procure”here caters for multiple sales down a chain(string sales),particularly common in the commodity trades.CIF may not be appropriate where goods are handed over to the carrier before they are on board the vessel,for example goods in containers,which
11、are typically delivered at a terminal.In such circumstances,the CIP rule should be used.CIF requires the seller to clear the goods for export,where applicable.However,the seller has no obligation to clear the goods for import,pay any import duty or carry out any import customs formalities.,第4章,6,第4章
12、,7,CIF工作、费用、风险划分(简略）,第4章,8,使用CIF的注意事项,CIF的风险界线与FOB相同，因此，从“风险界线”的角度来看，CIF价格并不是“到岸价格”CIF的变形（租船运输时，卸船费用的划分）CIF liner terms CIF班轮条件，卖方承担卸船费用CIF landed CIF卸至岸上 卖方承担卸船费用CIF ex tackle CIF吊钩下交货 卖方承担卸船费用（船舶不能靠岸时，不含驳船费用）CIF ex ships hold CIF舱底交货 买方承担卸船费用,第4章,9,FOB、CFR、CIF对比,第4章,10,FOB、CFR、CIF的衍生经典组 衍生组,Free o
13、n Board FOB named port of shipmentFree Carrier FCA named placeCost and Freight CFR named port of destinationCarriage Paid To CPT named place of destinationCost,Insurance and Freight CIF named port of destinationCarriage and Insurance Paid To CIP named place of destination,第4章,11,Free CarrierFCA(inse
14、rt named place，插入指定装运地)Incoterms 2010例4.4 FCA Shanghai,China Incoterms 2010,简略定义：FCA是指，买方指定承运人，支付装运地到目的地运费，卖方在指定装运地交货。风险在交货地点从卖方转移到买方。FCA适用于各种运输方式。,第4章,12,FCAdefined in INCOTERMS 2010,“Free Carrier”means that the seller delivers the goods to the carrier or another person nominated by the buyer at th
15、e sellers premises or another named place.The parties are well advised to specify as clearly as possible the point within the named place of delivery,as the risk passes to the buyer at that point.,第4章,13,Remarks on the above definition,This rule may be used irrespective of the mode of transport sele
16、cted and may also be used where more than one mode of transport is employed.If the parties intend to deliver the goods at the sellers premises,they should identify the address of those premises as the named place of delivery.If,on the other hand,the parties intend the goods to be delivered at anothe
17、r place,they must identify a different specific place of delivery.FCA requires the seller to clear the goods for export,where applicable.However,the seller has no obligation to clear the goods for import,pay any import duty or carry out any import customs formalities.,第4章,14,Carriage Paid ToCPT(inse
18、rt named place of destination,插入指定目的地)Incoterms 2010 例4.5 CPT Los Angeles,USA Incoterms 2010,简略定义：CPT是指，卖方指定承运人，支付装运地到目的地运费，卖方在指定装运地交货。风险在交货地点(交付给第一个承运人时)从卖方转移到买方。CPT适用于各种运输方式。,第4章,15,CPT defined in INCOTERMS 2010,“Carriage Paid To”means that the seller delivers the goods to the carrier or another p
19、erson nominated by the seller at an agreed place(if any such place is agreed between the parties)and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of destination.,第4章,16,Remarks on the above definition(1/2),This rule may be used irres
20、pective of the mode of transport selected and may also be used where more than one mode of transport is employed.When CPT,CIP,CFR or CIF are used,the seller fulfils its obligation to deliver when it hands the goods over to the carrier and not when the goods reach the place of destination.This rule h
21、as two critical points,because risk passes and costs are transferred at different places.The parties are well advised to identify as precisely as possible in the contract both the place of delivery,where the risk passes to the buyer,and the named place of destination to which the seller must contrac
22、t for the carriage.If several carriers are used for the carriage to the agreed destination and the parties do not agree on a specific point of delivery,the default position is that risk passes when the goods have been delivered to the first carrier at a point entirely of the sellers choosing and ove
23、r which the buyer has no control.Should the parties wish the risk to pass at a later stage(e.g.,at an ocean port or airport),they need to specify this in their contract of sale.,Remarks on the above definition(2/2),The parties are also well advised to identify as precisely as possible the point with
24、in the agreed place of destination,as the costs to that point are for the account of the seller.The seller is advised to procure contracts of carriage that match this choice precisely.If the seller incurs costs under its contract of carriage related to unloading at the named place of destination,the
25、 seller is not entitled to recover such costs from the buyer unless otherwise agreed between the parties.CPT requires the seller to clear the goods for export,where applicable.However,the seller has no obligation to clear the goods for import,pay any import duty or carry out any import customs forma
26、lities.,第4章,17,第4章,18,Carriage and Insurance Paid toCIP(insert named place of destination,插入指定目的地)Incoterms 2010例4.6 CIP Los Angeles,USA Incoterms 2010,简略定义：CIP是指，卖方指定承运人、投保，支付装运地到目的地运费、保费，卖方在指定装运地交货。风险在交货地点(交付给第一个承运人时)从卖方转移到买方。CIP适用于各种运输方式。,第4章,19,CIP defined in INCOTERMS 2010,“Carriage and Insuran
27、ce Paid to”means that the seller delivers the goods to the carrier or another person nominated by the seller at an agreed place(if any such place is agreed between the parties)and that the seller must contract for and pay the costs of carriage necessary to bring the goods to the named place of desti
28、nation.The seller also contracts for insurance cover against the buyers risk of loss of or damage to the goods during the carriage.The buyer should note that under CIP the seller is required to obtain insurance only on minimum cover.Should the buyer wish to have more insurance protection,it will nee
29、d either to agree as much expressly with the seller or to make its own extra insurance arrangements.,第4章,20,Remarks on the above definition(1/2),This rule may be used irrespective of the mode of transport selected and may also be used where more than one mode of transport is employed.When CPT,CIP,CF
30、R or CIF are used,the seller fulfils its obligation to deliver when it hands the goods over to the carrier and not when the goods reach the place of destination.This rule has two critical points,because risk passes and costs are transferred at different places.The parties are well advised to identif
31、y as precisely as possible in the contract both the place of delivery,where the risk passes to the buyer,and the named place of destination to which the seller must contract for carriage.If several carriers are used for the carriage to the agreed destination and the parties do not agree on a specifi
32、c point of delivery,the default position is that risk passes when the goods have been delivered to the first carrier at a point entirely of the sellers choosing and over which the buyer has no control.Should the parties wish the risk to pass at a later stage(e.g.,at an ocean port or an airport),they
33、 need to specify this in their contract of sale.,Remarks on the above definition(2/2),The parties are also well advised to identify as precisely as possible the point within the agreed place of destination,as the costs to that point are for the account of the seller.The seller is advised to procure
34、contracts of carriage that match this choice precisely.If the seller incurs costs under its contract of carriage related to unloading at the named place of destination,the seller is not entitled to recover such costs from the buyer unless otherwise agreed between the parties.CIP requires the seller
35、to clear the goods for export,where applicable.However,the seller has no obligation to clear the goods for import,pay any import duty or carry out any import customs formalities.,第4章,21,第4章,22,货交装运港术语货交承运人术语 对比,INCOTERMS 2010术语按交货点、风险点分组,第4章,23,第4章,24,按交货点、风险点分组的价格术语,卖方义务最小术语组 EXW:卖方工厂交货 首要特点：卖方义务最小
36、（风险、工作、费用最小）。性质上类似于国内贸易。卖方在本国的内地完成交货，所承担的风险、工作、费用局限于出口国内。（黎孝先 P60）卖方不负责出口包装、内陆运输、出口报关。交货点：卖方工厂 风险点：卖方工厂 本术语的作用：1）卖方不愿意承担任何装货义务时使用（黎孝先 P60）2）在实际业务中，卖方常利用此术语减少折扣基数 EXW Wuhan,China Incoterms 2010 USD10,000.00 export packing:800.00 inland freight&charges:500.00 FOB Shanghai,China Incoterms 2010:USD11,30
37、0.00 10%discount based on EXW Wuhan,China Incoterms 2010,1,000.00,第4章,25,2.卖方义务最大术语组,首要特点:卖方义务最大。,DDP：卖方义务最大，卖方在指定目的地交货，到进口国目的地的风险及费用、进口报关及关税缴纳皆由卖方承担。,交货点：指定目的地（运输终端所在目的地+其他目的地，货物准备从运输工具卸下）风险点：指定目的地,DAP：卖方义务次大，卖方在指定目的地交货，到进口国目的地的风险及费用由卖方承担。,第4章,26,3.货交承运人术语组,FCA，CPT，CIP首要特点：向承运人交货交货点：出口国装运地风险点=交货点（第
38、一承运人）,卖方工厂火车站汽车站机场CYCFS码头,第4章,27,4.装运港交货术语组,广义的装运港交货术语组,狭义的装运港交货术语组,FOBCFRCIF,再加上 FAS,FAS 在买方指定船只的吊钩半径范围内交货，若买方指定的船只不能靠岸，则卖方还要使用驳船（黎孝先 P31）,首要特点：在装运港交货交货点：装运港风险点：船只/船边,第4章,28,5.运输终端交货术语组,目的地运输终端交货 DAT（货物从运输工具卸下）,首要特点:风险和费用由卖方包到目的地运输终端,交货点：进口国目的地运输终端（货物从运输工具卸下）,风险点：目的地运输终端,码头CYCFS机场火车站汽车站,交货点与货交承运人术语组的交货点形成镜像对称,第4章,29,价格术语按风险点/交货点分组,
