《Termsofdelivery贸易术语.ppt》由会员分享，可在线阅读，更多相关《Termsofdelivery贸易术语.ppt（28页珍藏版）》请在三一办公上搜索。
1、Terms of Delivery,Vital Aspects of a Transaction,Responsibilities and associated costsTime and place of deliveryDocuments and expenses Title to goods,the general introduction of trade terms,Definition it is a kind of terminology used for indicating the composition of price of commodities as well as
2、illustrating the division of risks,obligations and cost for delivery of goodsThe purpose of trade term1.Simplify procedure of transaction and shorten the time of negotiation2.Reflect the composition of price and clarify the responsibilities of both sides,International convention for trade term,Warsa
3、w-oxford rules 19321932年华沙牛津规则（国际法协会）Instituted by:international law associationThe term it mainly expounds:CIFRevised American Foreign Trade Definition 1941 six trade terms 1941年美国对外贸易定义修正本(美国商会)Big difference in explaining FOB and FAS from what INCOIERM 2000 describes国际贸易术语解释通则（国际商会）,INCOTERMS,Ins
4、tituted by:International Chamber of CommerceThe time of INCOTERMS 2000 being declared and taking effect time:Jan 1 of the year 2000,totally having 13 kinds of terms(four groups),1.The Group“E”Term:Ex Works;Ex Mine;Ex Warehouse,where the seller/exporter make the goods available at his or her own prem
5、ises to the buyer/importer.E term evidences“departure”contracts.INCOTERMS 20002.The Group“F”Terms:FCA(Free Carrier),FAS(Free Alongside Ship)and FOB(Free on Board),where the seller/exporter is responsible for delivering the goods to a carrier named by the buyer.INCOTERMS 2000,3.The Group“C”Terms:CFR(
6、Cost and Freight),CIF(Cost,Insurance and Freight),CPT(Carriage Paid To)and CIP(Carriage and Insurance Paid To),where the seller/exporter/manufacturer is responsible for contracting and paying for carriage of the goods,but not responsible for additional costs or risk of loss or damage to the goods on
7、ce they have been shipped.The group“C”terms evidence“shipment”contracts.INCOTERMS 20004.The Group“D”Terms:DAF(Delivered At Frontier),DES(Delivered Ex Ship),DEQ(delivered Ex Quay),DDU(Delivered Duty Unpaid)and DDP(Delivered Duty Paid),where the seller/exporter/manufacturer is responsible for all cost
8、s and risks associated with bringing the goods to the place of destination.The group“D”terms evidence“arrival”contracts.,EXW:EX WORKS(named place),“Ex works”means that the seller delivers when he places the goods at the disposal of the buyer at the sellers premises or another named place(i.e.was,fac
9、tory,warehouse,etc)not cleared for export and not loaded on any collecting vehicle.This term thus represents the minimum obligation for the seller,and tile buyer has to bear all costs and risks involved in talking the goods from the sellers premises.This term should not be used when the buyer cannot
10、 carry out the export formalities directly or indirectly.,Buyers responsibility:,1.accept the goods provided by seller at time and place stipulated in the contract,pay the price.2.Undertake all the risk and cost after acceptance of the goods3.Get the ex/import license and bear all the cost of custom
11、s clearance at his own cost and risk.,Discussion Case Study,某公司按EXW条件出口一批电缆，但在交货时，买方以电缆的包装不适宜出口运输为由，拒绝提货和付款.问：买方的行为是否合理？,Reference Answer,1.买方的行为是不合理的，我方应拒绝。2.本案例涉及EXW条件下交货的问题，根据2000年国际贸易术语解释通则的规定：在EXW术语中，除非合同中有相反规定，卖方一般无义务提供出口包装，如果签约时已明确该货物是供出口的，并对包装的要求作出了规定，卖方则应按规定提供符合出口需要的包装。3.结合本案例，卖方在交货时以电缆的包装不
12、适宜出口运输为由拒绝提货和付款，并没有说不符合合同规定，由此说明，在合同中并无有关货物包装的规定，根据惯例，故买方以此借口拒付货款和提货理由是不充分的。,F组,FCA 徐亚娟FAS 肖昱东FOB 李党庆,Free Carrier(FCA Named Place),It means that the seller delivers 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 deli
13、very has an impact on the obligations of loading and unloading the goods at that place.,The Sellers Responsibilities under FCA,Put the goods under the carriers control at the time,place stipulated in the contract,notify the buyer.Undertake all the cost and risk before passing the goods to the carrie
14、r.Get export license and other official document required and clear customs for export.Provide commercial invoice or e-message of the same function,and provide proof of shipment.,The Buyers Responsibilities under FCA,Make the shipment contract,pay the carriage and notify the sellers of the carriers
15、information.Accept the goods provided by seller at time and place stipulated in the contract,pay the price.undertake all the risk and cost after acceptance of the goods.Get the import license and bear all the cost of customs clearance at his own cost and risk.,FAS:Free Alongside Ship(named port of s
16、hipment),FAS means that the seller delivers when the goods have been placed alongside the vessel at the named port of shipment.This means that the buyer has to bear all costs and risks of loss of or damage to the goods form that moment.This term requires the seller to clear the goods for export.The
17、parties are well advised to specify as clearly as possible the loading point at the named port of shipment,as the costs and risks to that point are for the account of the seller and these costs and associated handling charges may vary according to the practice of the port.The seller is required eith
18、er to deliver the goods already so delivered for shipment.This rule is to be used only for sea or inland waterway transport.,Sellers responsibilities,Provision of goods in conformity with the contract.Place the goods at the disposal of the buyer alongside the ship,notify the buyer.Get export license
19、s,authorizations,security clearances and other formalities.And carry out the export procedures.Undertake all the cost and risk before passing the goods to carrier.(transfer of risk)Provide commercial invoice or e-message of the same function,and provide proof of shipment,Buyers responsibilities,Take
20、 delivery of the goods alongside the ship,pay the carriage,and notify the seller.Get import licenses,authorizations,security clearances and other formalitiesUndertake all the risk and cost after acceptance of the goods.,Delivery point:at port of shipment,Attention,If vessel unable to enter the port
21、due to force majored,the seller is responsible for arranging and paying for the lighters to send the goods alongside the vessel offshore.If the buyer fails to notify the seller of the name of the vessel,and the port of shipment within the prescribed period,the buyer would bear all the consequential
22、cost and risk form the expiry date of the notification period.,FOB：Free on Board(named port of shipment),“Free on Board”means that the seller delivers when the goods pass the ships rail at the named port of shipment.This means that the buyer has to bear all costs and risks of loss of or damage to th
23、e goods from that point.The FOB term requires the seller to clear the goods for export.This term can be used only for sea or inland waterway transport.If the parties do not intend to deliver the goods across the ships rail,the FCA term could be used.The buyer must contract at his own expense for the
24、 carriage of the goods from the named port of shipment.Notice to the sellerThe buyer must give the seller sufficient notice of the vessel name,loading point and required delivery time.,Sellers responsibilities,Transport the goods to the port of shipment and deliver it to the board of the named ship
25、at the time and pot stipulated in the contract;notify the buyer within reasonable time.Undertake all the cost and risk before transporting the goods on board the ship at the port of shipmentGet the export license and bear all the cost of customs clearance at his own cost and riskProvision of commerc
26、ial invoice and clean bill that can prove the sellers shipment or e-message of the same function,Buyers responsibilities,Make the contract of shipment and arrange it to the port of shipment,pay carriage,notify the Seller of the information of the CarrierAccept the goods provided by Seller at time an
27、d place stipulated in the contract,pay the price Undertake all the risk and cost after acceptance of the goodsGet the import license and bear all the cost of customs clearance at his own cost and risk,Points for Attention in Using FOB Term,Variants of FOB term are only limited to the loading and unl
28、oading charges,which make no difference to other liability and responsibility under FOB terms.Some usual variants of FOB are as follows:i.“FOB liner terms”means both loading and unloading charges are covered by carrier and calculated in freight.FOB 班轮条件:指装船费用按照班轮的做法来办,即由船方或买方承担.ii.“FOB under tackle”
29、means the buyer will pay for the loading charges from the point where the goods may be lifted by the tackle of a carrying vessel for loading.FOB 吊钩下交货:卖方负担费用将货物交到买方指定船只的吊钩之处,而吊装入舱以及其他各项费用概由买方负担iii.“FOB stowed”(FOBS)means the seller is responsible for loading the goods into cabins and is to pay for the stowage.FOB 理舱费在内:卖方负责将货物装入船舱并承担包括理舱费在内的装船费用,理舱费是指货物入舱后进行安置和整理的费用。iv.“FOB trimmed”(FOBT)means the seller is responsible for loading the goods into cabins and is to pay for the trimming charge.FOB平舱费在内:卖方负责将货物装入船舱并承担包括理舱费在内的装船费用,平舱费是指对装入船舱的散装货物进行平整所需的费用。,
